the Reputation of their Monastery and makes it highly probable that S. Paul rather than S. Peter as others would have it was the first Founder of a Church in this Island But by reason of Persecutions or for want of a supply of Preachers Christianity did not flourish here till the Reign of Lucius the British King and the first Christian King in Europe Of whose imbracing Christianity the learned Bishop gives this Account from the Testimony of ancient Writers that the was first inclined thereto by the Persuasion of Eluanus and Eduinus two British Christians who were probably imploy'd to convince him But being workt upon on the other side by his Druids he would not come to any Resolution till he had sent to Rome for his further Satisfaction and to know how far the British Christians and those of Rome agreed Elentherus was then Bishop of Rome and the twelfth from the Apostles To whom he sent the foresaid Eluanus and Meduinus about the Year 180 presuming as he might reasonably then that the Christian Doctrine was there truly taught at so little distance from the Apostles and in a Place whither a Resort was made from all Parts because of its being the Imperial City For there was then no Imagination of S. Peter's having appointed the Head of the Church there nor a long time after in the British Churches as appears by the Contest of the British Bishops with Augustine the Monk King Lucius being satisfied upon the Return of his Embassadors from Rome imbraced the Christian Faith and received the Baptism So that by the piety of his Example and the diligence of the first Preachers Christianity soon spread over his Dominions and sometime after over all the Island And then the Britains had Bishops of their own without any Juridical Dependency from the See of Rome the British Church continuing a distinct and independent Church from all others But when the Heathen Saxons came to be possessed of this Part of the Island and the Natives forced to take shelter amongst the Mountains of Wales the Christian Faith fled with them and this Country was again darkened with Heathenism Till about the Year 596. Austin the Monk was sent by Pope Gregory the Great to preach the Gospel here By whose Diligence and Zeal the Work prospered so well that all the Saxons were by degrees converted to the Christian Faith and Austin made the first Arcsh-bishop of Canterbury but with a subjection to the Church of Rome Thus as the Errours crept on in the Roman the British Church grew infected with them and continued subject to the Power and Errours of Rome till King Henry VIII laid the Ground for a Reformation by his resuming the Power of the Christian British Kings his ancient Predecessors and removing by virtue of it the forfeited Primacy of Rome to the See of Canterbury But 't is Observable withall that this Ejection of the Pope's Authority was not done as in other Nations tumultuously and by the Power of the People but by the Counsel and Advice of godly and learned Divines assembled in Convocation by the King's Authority and ratified by the Three States in Parliament Thus the ancient Dignity and Supremacy of the Kings of England being restored and the Subjects delivered from the Spiritual Tyranny of the Pope of Rome the King and Clergy took this Occasion to inquire into and reform the great Abuses and Errours crept into the Church Whose Method in this Work begun in Henry's Reign and brought to perfection in his next Successor's Time Dr. Heylin sets forth in these Words The Architects says he in this great Work without respect unto the Dictates of Luther or Calvin looking only on God's Word and the Primitive Patterns abolished such Things as were repugnant unto either but still retained such Ceremonies in God's publick Worship as were agreeable to both and had been countenanced by the Practice of the Primitive Times A Point wherein they did observe a greater Measure of Christian Prudence and Moderation than their Neighbour Churches Which in a meer detestation of the See of Rome allowed of nothing which had formerly been in use amongst them because defiled with Popish Errors and Abuses utterly averting thereby those of the Papal Party from joyning with them in the Work or coming over to them when the Work was done Whereas had they continued an allowable Correspondency in these Extrinsecals of Religion with the Church of Rome their Party in the World had been far greater and not so much stomached as it is And this Opinion of his he backs with the Sentiment of the Marquess de Rhosne in this point after Duke of Sully and Lord High Treasurer of France one of the chief Men of the Reformed Party there Who being sent Embassador to King James from Henry IV. King of France admired the Decency of Gods publick Service in the Church of England Three Things principally are to be considered in point of Religion viz. The Doctrine the Manner of publick Worship and the Church Government As for the Doctrine of the Church of England 't is the same in all Points with other Reformed Churches as it appears by her Confession of Faith contained in the 39 Articles The Manner of publick Worship differs in nothing from them but in the Excellency of it So many admirable Prayers the English Liturgy contains sutable to all Occasions digested in a plain Evangelical Style without Rhetorical Raptures which are fitter for a designing Orator than an humble Addresser to the Mercy-Seat of God In short there is nothing wanting in the Church of England in order to Salvation She uses the Word of God the Ten Commandments the Faith of the Apostles the Creeds of the Primitive Church the Articles of the four first General Councils an excellent Liturgy the Administration of the Sacraments and all the Precepts and Counsels of the Gospel She attributes all Glory to God worships his most holy Name and owns all his Attributes She adores the Trinity in Unity the Unity in Trinity She teaches Faith and Repentance the Necessity of good Works the strictness of a holy Life and an humble Obedience to the Supreme Power Charity which is the grand Mark of the true Church is so essential to this that she do's not ingross Heaven to her self so as to damn all others into Hell For the publick Service and Worship of God she has Places Times Persons and Revenues set apart for that purpose and an uninterrupted Succession of Bishops to ordain Priests and Deacons and do all other Duties iucumbent to that Dignity Happy were it for England if all its Subjects would live in the Communion of this Church and not separate from it which is 〈◊〉 Thing more to be wished than hoped for But such is the designing and ambitious Spirit of Popery to weaken the Church of England ever since the Reformation lookt upon as the chiefest Bulwark against Popery that it has caused all our Distractions in order to fish
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
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
Democracy for ever all the World know's No Stone was left unturned and what came of it As soon as ever Opportunity served the very Presbyterians themselves joyned with the Royalists to bring in the exiled King and re-establish the ancient Government So soon the Nation grew sick of the Commonwealth and so strong was then the Current for Monarchy that without the shedding of a drop of Bloud the first was in a manner hissed out of the Nation and Monarchy restored with the greatest Pomp and Joy imaginable I set aside the Zeal of our English Clergy for Monarchy and their Influence upon the Laity The great Number alone of our Nobility and Gentry with their proportionable Ascendent upon the People makes me look upon it as a moral Impossibility for Commonwealth-Government ever to prevail here 'T is well known the Genius of Commonwealths is for keeping down the Nobility and extinguishing all those Beams of Royalty Therefore as 't is their Interest so I suppose it will be their Care to stick to Monarchy CHAP. VII Of the KING of ENGLAND And first of his Dominions Titles Arms his Ensigns of Royalty and Marks of Sovereignty THE King of England is otherwise called King of Great-Britain as being the sole Sovereign and supreme Head of this great and famous Island containing the two Kingdoms of England and Scotland besides the Principality of Wales Which Principality was first united by Conquest to the Crown of England Anno 1282 by King Edward I. Who overcame and slew in Battel Llewellen the last Sovereign Prince of Wales of the Race of Cadwallader the last King of the Britains After the Conquest thereof he took all the provident Care imaginable to secure it to the Crown but the Welsh seldom contained themselves within the bounds of true Allegiance till the Reign of Henry VII who was extracted from the Welsh Bloud In whose Successor's Reign Henry VIII they were made by Act of Parliament one Nation with the English subject to the same Laws capable of the same Preferments priviledged with the same Immunities and inabled to send Knights and Burgesses to the English Parliament So that the Name and Language only excepted there is now no Difference between the English and Welsh A very happy Union Scotland was also brought into Subjection by the same King Edward so that he received Homage of its King and Nobility and had there his Chancery and other Courts under a Viceroy But with much strugling they recovered at last their Liberty and set up a King of their own Robert Bruce who had the luck to be confirmed in it by the Defeat given to Edward II one of our unfortunate Kings 'T is true his Son King Edward III a most virtuous and valorous Prince changed the face of Affairs in Scotland and brought again the Scots to Obedience Insomuch that he excluded David the Son of Robert Bruce from the Crown then forced to fly into France and restored the House of Baliol to the Kingdom in the person of Edward Son of King John Baliol. Who upon his coming to the Crown did Homage to this King Edward as his Father had done to King Edward I. But 't was not long before the Scots quitted again their Subjection and Vassalage to the Crown of England the Roll of Ragman being treacherously delivered into their hands by Roger Mortimer Earl of March Which Roll contained a Confession and Acknowledgement of the Estates of Scotland subscribed by all their Hands and Seals whereby they owned the Superiority of the Kings of England not only in regard of such Advantages as the Sword had given them but as of their original and undoubted Right But setting aside this point of Vassalage the Kings of England are Kings of Scotland by a better Title For King James VI of Scotland and the first of England succeeded Q. Elizabeth in the Realm of England as the next Heir to the Crown Anno 1602 being descended by Mary Queen of the Scots his Mother from Margaret the eldest Daughter of Henry the VII King of England and Wife to James IV of Scotland And here the Wisdom and prudent Foresight of Henry is very remarkable Who having two Daughters bestowed the Eldest contrary to the Mind of his Council on the King of Scots and the younger on the French King that if his own Issue Male should fail as it did by the Death of his Grandson King Edward VI and that a Prince of another Nation must inherit England then Scotland as the lesser Kingdom should depend upon England and not England wait on France as upon the greater In which Succession of the Scots to the Crown of England the Prophecy of the fatal Stone received accomplishment I mean the Stone which the Scots lookt upon as their Palladium kept at Scone in Scotland the usual Place for the Coronation of the Scotish Kings upon which they received their Crown till the Removal of it unto Westminster by King Edward I. The Verses of old ingraven upon this Stone run thus Non fallat Fatum Scoti quocunque locatum Invenient Lapidem regnare tenentur ibidem Translated in old Meeter thus The Scots shall brook that Realm as natif Ground If Weirds fail not where ere this Stone is found Thus the Scots so often quelled and curbed by the English never subdued England but by this blessed Victory Ever since this happy Union Scotland has been deprived of its Kings Residence there who changed the worse Seat for the better But under the King there is a chief Governour appointed by his Majesty the Lord High Commissioner of Scotland who by that Title injoys the ordinary Power and Authority of a Viceroy In this manner Scotland has continued to this day a separate Kingdom governed by its own Laws 'T is true there have been several Attempts made to unite it into one Kingdom with England as Wales was by Henry VIII But hitherto they proved unsuccesfull So far we have cleared in few Words by History the whole Isle of Great Britain to the King of England with the numerous Islands about it the principal of which are the Isles of Shepey Thanet Wight Anglesey and Man The next that offers it self is the Kingdom of Ireland a great Part whereof was Conquered by the English about the Year 1172. in the Reign of Henry II and the Occasion thus Ireland being then divided amongst several â—petty Kings the King of Leinster was by the King of Meath driven out of his Kindom He fled to England for Refuge where applying himself to King Henry Henry resolved to attempt his Restauration which he did effectually and in the doing of it brought the best part of the Island under the English Subjection King John the Younger Son of Henry was the first who was Intituled Lord of Ireland Which Stile was granted him by Pope Urban III and continued to his Successors though in effect Kings thereof till the Year 1542 when Henry VIII was declared in an Irish Parliament King of
Pounds Next to the Consecration of a Bishop follow his Installation by virtue of a Mandate from thâ— Arch-Bishop to the Arch-Deacon of his Prevince This is performed in the Cathedral Church upon any Day between the hours of nine and eleven in the presence of a publick Notary Wheâ— the Bishop elect or his Proxy which is most â—sual is introduced into the Cathedral by thâ— Arch-Deacon or his Proxy There he declaies iâ— the first place his Assent to the King's Supremacy and swears that unless he be otherwise Dispeâ—sed with he will be Resident according to thâ— Custom of that Cathedral and observe the Customs of the said Church and cause others to observe the same Whereupon the Arch-Deacon with the Petty-Canons and Officers of thâ— Church accompany the Bishop up to the Quinâ— and there place him in a Seat prepared for him between the Altar and the right side of the Quine Then the Arch-Deacon pronounces these Wordâ— in Latine Ego Authoritate mihi commissa Induco Inthronizo Reverendum in Christo Patrem Dominâ—â— N. N. Episcopum Dominus custodiat suum Introâ—tum Exitum ex hec nunc in saeculum c. Upon which Te Deum is sung and the Bishop in thâ— mean while conducted from his own Place 〈◊〉 the Dean's Seat where in Token of his takiâ— Possession he stands till Ye Deum and some â—ther Prayers be ended After Prayers the Bishop is conducted inâ— the Chapter-house and there placed on a hiâ— Seat Where the Arch-Deacon together with 〈◊〉 the Prebends and Officers of the Church coâ— before him and acknowledge Canonical Obeâ—ence to him Finally the publick Notary is 〈◊〉 the Arch-Deacon required to make an Insâ—â—ment declaring the whole Matter of Fact iâ— this Affair Afterwards the new Bishop is introduced into be Kings Presence to do his Homage for his â—emporalities or Barony Which he does by â—eeling down before the King sitting in a Chair â—f State by putting his Hands between his Maâ—sties Hands and by taking a Solemn Oath to â—e true and faithful to Him and that he holds is Temporalities of him After this he Compounds for the first Fruits â—f his Bishoprick that is agrees for his first â—ears Profits to be paid to the King within two â—ears or more if the King please When a Bishop is Translated from one Bishopick to another all the Difference there is in the â—ranslation from the manner of making a Biâ—op is that there is no Consecration And â—hen a Bishop is made Archbishop the Diffeâ—â—ce is only in the Commission which is directed 〈◊〉 King to four Bishops or more to Confirm 〈◊〉 Now there is this Difference between an Archishop and a Bishop that whereas a Bishops Caâ—â—ical Authority reaches no further than the â—unds of his Diocese the Archbishops Power â—tends it self over all his Province so that he 〈◊〉 Ordinary to all the Bishops thereof Accorâ—ingly the Bishop Visits only his Diocese but 〈◊〉 Archbishop Visits the whole Province The â—ishop can Convocate only a Diocesan but the â—rehbishop may Convocate a Provincial Synod The Bishop with other Priests does Ordain a â—riest but the Archbishop with other Bishops â—â—es Consecrate a Bishop 'T is Observable that several Bishops of Engâ—nd having large Bishopricks it was provided 〈◊〉 a Statute made in the Reign of Henry VIII â—at they should have a Power to Nominate â—me to the King to be with his Approbation Suffragan or Assistant Bishops in case that anâ— of them desired it for the better Government of his Diocese or easing himself of some part oâ— his Burden The Sees of those Suffragan Bishopâ— were only to be at Dover for the Diocese oâ— Canterbury at Nottingham and Hull for thaâ— of York For the Diocese of London at Coâ—chester of Durham at Berwick of Winchester in the Isle of Wight at Southampton and Guilford For the Diocese of Lincoln at Bedford Leicester Huntington and Grantham of Norwich at Theâ—ford and Ipswich of Salisbury at Shaftsbury Melton and Marlborough of Bath and Wells at Taunton of Hereford at Bridgenorth of Coventry and Lichfield at Shrewsbury of Ely at Cambridge of Exeter at S. Germans of Carlisle at Perith. Now for any one of the foresaid Places appointed for Suffragan Bishops Sees the respective Bishop of the Diocese presented two able Men whereof the King chose one These Suffragan Bishops had the Name Title and Dignity of Bishop and as other Bishops were Consecrated by the Archbishop of the Province They executed each of them such Power Jurisdiction and Authority and received such Profits as were limited in their Commissions by the Bishops or Diocesans whose Suffragans they were In these Bishops absence when they were either residing at Court to advise the King or imployed upon Embassies abroad the Suffragans usually supply'd their Places Whâ—â— in publick Assemblies took place next after the Temporal Peers of the Realm But since the Diocesan Bishops grew less Courtiers and more Residentiary the Suffragan Bishops began to be laid aside so that there have been none for many Years in the Church of England I come now to the Prerogatives Priviledges Bower Revenues and great Deeds of Bishops All the Bishops of England are Barons and Peers of the Realm and sit as such in the House of Lords They are the Spiritual Lords lookt upon as the Fathers or Gardians of the Church and therefore commonly stiled Right Reverend Fathers in God And as 't is usual in England for well-bred Children to ask their Parents Blessing Morning and Evening with one Knee upon the Ground so the true Sons of the Church looking upon the Bishops as their Spiritual Fathers commonly begin their Addresses to them by asking their Blessing in the same respectful manner Besides the Priviledges injoy'd by Bishops as Peers and therefore common with those of the Temporal Lords they have some peculiar Prerogatives and those of a high nature 'T is undeâ—iable that all Jurisdiction in England is inseparably annexed to the Crown And yet the Bishops Courts tho held by the King's Authority are not counted to be properly the King's Courts Therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the King's Name as all the King's Courts properly so called do And whereas in other Courts there are several Judges to each a Bishop in his Court judges and passes Sentence alone by himself A Bishop besides has this transcendent Priviledge that he may as the King does depute his Authority to another as to a Bishop Suffragan his Chancellour or Commissary Which â—one of the King's Judges can do Bishops in whatsoever Christian State they come their Episcopal Dignity and Degree is acknowledged and may as Bishops confer Orders c. Whereas no Temporal Lord is in Law acknowledged such out of the Prince's Dominions who conferred his Honour The Law of England attributes so much to the Word of a Bishop that not only in the Trial of Bastardy the Bishops Certificate shall suffice but also
submitted to take it at his hand again at a yearly Tribute the Pope in the Reign of Edward III. demanded his Rent and all the Arrears Upon which issued this Resolve of the Parliament that neither the King nor any other could put the Realm nor the People thereof into a forein Subjection without their Assent This was a high Resolution in Law in one of the highest Points of Law concerning the Kings Claim of an absolute Power when the Pope was in his height However this intimates that with their joynt Consent the Crown may be disposed of But how transcendent soever be the Power and Authority of the King and Parliament yet it do's not extend so far as to bar restrain or make void subsequent Parliaments and tho divers Parliaments have attempted â—t yet they could never effect it For the â—atter Parliament hath still a Power to abrogate suspend qualify explain or make void the former in the Whole or any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former it being a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant 'T was therefore but in vain that the late King James pretended so to settle that Liberty of Conscience which he ushered in by his Declaration as to make it a Law unalterable like the Laws of the Medes and Persians It was but a Blind for Dissenters to bring them into his Snare and tho he had really designed it he must have been at least Immortal to secure it One of the fundamental and principal Ends of Parliaments was to Redress Grievances and ease the People of Oppressions The chief Care whereof is in the House of Commons as being the Grand Inquest of the Realm summoned from all Parts to present publick Grievances to be redressed and publick Delinquents punished as corrupted Counsellours Judges and Magistrates Therefore Parliaments are a great Check to Men in Authority and consequently abhorred by Delinquents Who must expect one time or other to be called to a strict and impartial Account and be punished according to their Demerits Remember said the Lord Bacon to his Friend Sr. Lionel Cranfield when he was made Lord Treasurer that a Parliament will come In this Case the House of Commons the Parliament sitting Impeaches and the House of Lords are the Judges the Commons Inform Present and Manage the Evidence the Lords upon a full Trial give Judgment upon it And such is the Priviledge of the House of Commons in this particular that they may Impeach the highest Lord in the Kingdom either Spiritual or Temporal and he is not to have the benefit of the Habeas Corpus Act that is he cannot come out upon Bail till his Trial be over or the Parliament Dissolved which last some of the late Judges have declared for But the Lords cannot proceed against a Commoner except upon a Complaint of the Commons In a Case of Misdemeanour both the Lords Spiritual and Temporal are Judges and the Kings Assent to the Judgment is not necessary But if the Crime be Capital the Lords Spiritual tho as Barons they might sit as Judges yet they absent themselves during the Trial because by the Decrees of the Church they may not be Judges of Life and Death For by an Ordinance made at the Council at Westminster in 21 Hen. 2. all Clergymen were forbidden agitare Judicium Sanguinis upon pain to be deprived both of Dignities and Orders When a Peer is Impeached of High Treason a Court is usually erected for his Trial in Westminster-Hall and the King makes a Lord Steward which commonly is the Lord Chancellour to sit as Judge thereof The Trial being over the Lords Temporal resorting to their House give Judgment upon it by Voting the Party arraigned upon their Honours Guilty or not Guilty and he is either Condemned or Acquitted by the Plurality of Voices If found Guilty he receives Sentence accordingly by the Mouth of the Lord High Steward The House of Lords is also in Civil Causes â—he highest Court of Judicature consisting of â—ll the Lords Spiritual and Temporal as Judges â—sisted with the most eminent Lawyers both 〈◊〉 Common and Civil Law And from this Court there lies no Appeal only the cause or â—ome Point or other of it may be brought again before the Lords upon a new Parliament In Case of Recovery of Damages or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any inferiour Court at the Common Law But the Lords in Parliament may direct how it shall be levied In short by the ancient Laws and Constitutions of this Kingdom it belongs to the House of Peers to interpret Acts of Parliament in Time of Parliament in any Cause that shall be brought before Them I conclude with the Priviledges of Parliament which are great in both Houses and fit for so honourable a Court. First as to the Persons of the Commoners they are Priviledged from Suits Arrests Imprisonments except in Case of Treason and Felony also from Attendance on Trials in inferiour Courts serving on Juries and the like Their necessary Servants that tend upon them during the Parliament are also Priviledged from Arrest except in the aforesaid Cases Which Priviledge is their due eundo morando redeundo that is not only for that time the Parliament sits but also during 40 Days before and 40 Days after the Parliament finished And that not only for the Persons of Members and their necessary Servants but also in some Cases for their Goods and Estates during that Time Moreover this Priviledge do's likewise extend to such Officers as attend the Parliament as the Clerks the Sergeant at Arms the Porter of the Door and the like But if one was Arrested before he was chosen Burgess he is not to have the Priviledge of the House Many are the Precedents which shew the Resentments of this House against such as have offered to act contrary to these Priviledges and their severe Proceedings against some of them either for serving a Subpoena upon or Arresting a Member of this House or refusing to deliver a Member arrested for Debt the Parliament sitting For common Reason will have it that the King and his whole Realm having an Interest in the Body of every one of its Members all private Interest should yield to the Publick so that no Man should be withdrawn from the Service of the House And so much has been the Priviledge of the House insisted on that it has been a Question Whether any Member of the House could consent to be sued during the Session because the Priviledge is not so much the Person 's the House's And therefore when any Person has been brought to the Bar for any Offence of this nature the Speaker has usually charged the Person in the name of the whole House as a Breach of the Priviledge of this House Also for offering to threaten or to give abusive Language to any Member
Civil Affairs by a MAYOR with the Title of Lord prefixt given to no Mayor in England but that of London and of late to the Mayor of York In the Time of the Romans he was called Prefect of London in the Saxons time Port-greeve and sometimes Provost of London and after the Coming in of the Normans Bayliff 'T was King Richard I who in the Year 1189 being the first of his Reign changed the Name of Bayliff into that of Mayor a French Word originally which has continued ever since This great and mighty Magistrate is yearly chosen by the Citizens upon Michaelmas Day the 29th of September The Body out of which he is chosen are the 26 Aldermen all Persons of great Wealth and Wisdom at least ought so to be Those that chuse him are first the Livory-men or Members of the several Companies of Tradesmen within the City and at last the Aldermen which is done in this manner First the Livery-Men do usually put up four Candidates out of which they chuse two by the Plurality of Voices and out of these two the Court of Aldermen select whom they think fit And though they be free in their Choice yet commonly they have a regard for the Senior Alderman that has not been Lord Mayor and give him the Precedence The Mayor Elect being Proclaimed is sworn first at Guildhall and afterwards at Westminster There he swears to maintain the Priviledges of the People and here to be True to the King The Installation-Day is the 29th of October a Month after the Election The Solemnity of which Day upon his Account is so great that no Magistrate in Europe appears with so much state and grandure as the Mayor of London upon his Installation First he go's by water to Westminster in his Barge of state accompanied with the Aldermen in all their Formalities with their Scarlet Robes and Chains of gold hanging before their Breasts The Twelve Companies also in their several Barges â—et out with their Arms Colours and Screamers on both sides attend him in their furred Gowns In his way he is saluted from the Shore with the noise of great Guns and as he passes by Whitehall the King from thence viewing the Solemnity gives him and his Brethren a Mark of his Respect At last being landed at Westminster Bridge the several Companies march in order to their Hall and after them the Mayor and Aldermen with the Sword and Mace before them the Sword-bearer with his Cap of Maintenance on his head At their Entrance into the Hall the Hall is Intertained with the harmonious Musick of a Set of Hoboys marching in order before them and playing all the Way First they walk round the Hall where they pay their respects to each Court of Judicature and from the Hall they proceed to the Exchequer-Chamber where the New Lord Mayor is Sworn by the Barons This done they walk again in Procession round the Hall to invite the several Judges of each Court to Dinner at Guildhall And after this the whole Procession returns in the same manner by Water to Black-Friars From whence the Lord Mayor and Aldermen make their Cavalcade to Guildhall all mounted upon Horses richly Caparisoned the Livery-Men marching before in good order And now the Artillery men make their best appearance with their Buff-coats and Head-pieces But the most diverting Sight is that of the Pageants here and there in motion to divert the Spectators At last a most splendid Dinner to which besides the Judges many of the great Lords and Ladies the Privy Counsellours the forein Embassadors and oftentimes the King and Queen are invited concludes the Solemnity Such is the Magnificence of the Lord Mayor of London though always a Citizen and Tradesman being a Member of one of the 12 Companies Who for his great Dignity is usually Knighted by the King before the Year of his Mayoralty be expired unless he had received that Honour before whilst he was an Alderman as of late has been â—shal His Authority reaches not only all over this great City and part of the Suburbs except some particular Places but also on the Thames as far as the Mouth of it and Westward as far as Stanes-Bridge And so great is his Power that he may cause any Person inhabiting within London or the Liberties thereof to be Summoned to appear before him upon the Complaint of any Citizen and for Non-appearance may grant his Warrant to bring such Person before him For he has Power to determine Differences between Party and Party His Attendance whilst he is a Mayor is very considerable For besides his proper Servants first he has four principal Officers that wait on him as Lord Mayor who are reputed Esquires by their Places And those are the Sword-bearer the Common Hunt the Common Crier and the Water-Bayliff whose Places are very advantageous and purchased when vacant at a great rate from the Lord Mayor for the time being Besides them there is the Coroner 3 Sergeants Carvers 3 Sergeants of the Chamber 1 Sergeant of the Channel 4 Yeomen of the Waterside 1 Vnder Water-Bayliff 2 Yeomen of the Chamber 3 Meal-Weighers 2 Yeomen of the Wood-Wharf and several others Most of which have Servants allowed them with Livories Among which the Sword-bearer has a 1000 l. a Year allowed him for his Table in the Lord Mayor's House When he appears abroad on horseback which is his usual Appearance 't is with rich Caparison and always in long Robes sometimes of fine Scarlet-Cloth richly furred sometimes Purple and sometimes Puke with a black Velvet Hood over his Robes and a great Chain of Gold with a rich Jewel to it hanging from his Neck downwards Attended by several Officers walking before and on both sides of him He keeps an open Table all the Year to all Comers of any quality and so well furnished that it is always fit to receive the greatest Subject of England or of any other Potentate He has a Priviledge to hunt not only in Middlesex but also in Essex and Surrey and for this purpose has a Kennel of Hounds always maintained On the King's Coronation-Day he claims to be the chief Butler and bears the King's Cup among the highest Nobles of the Kingdom which serve on that Day in other Offices And upon the King's Death he is said to be the prime Person of England Therefore when King James I was invited to come and take the Crown of England Robert Lee then Mayor of London subscribed in the first place before all the Officers of the Crown and all the Nobility One Thing is observable which hapned not long since I mean four Mayors the City had in little more than half a Year viz. Sir John Shorter Sir John Eyles Sir John Chapman and Sir Thomas Pilkington For upon the Death of the first in September 1688 Sir John Eyles was made Lord Mayor and in October following the Charter being restored Sir John Chapman was chosen Lord Mayor Who dying in March following
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
Maâ—sties a bold Thing I confess for my Pen to â—â—dertake but such as I can make it it may â—ake us the more sensible of our Happiâ—ess The King is a Prince perhaps the best qualiâ—ed for a Throne He is Great without Pride â—rue to his Word Wise in his Deliberations â—ecret in his Counsels Generous in his Atâ—â—mpts Undaunted in Dangers Valiant withâ—â—t Cruelty Unchanged under all Events He â—ves Justice with Moderation Government â—ithout Tyranny Religion without Persecuâ—â—on and Devotion without Hypocrisy or Suâ—rstition How often has he exposed his Life through â—re and Sword for a sinking Commonwealth â—ll at last he rescued it from the open Violence of one King and the Undermining of another No Temptation could draw him away from 〈◊〉 generous Principle nothing but true Greatneâ— could make him Great To Save us here when we were at the Britâ— of Ruin designed for a Prey to those two Inseparable Monsters Popery and Slavery He hâ—ventured his Life by Sea and Land By Sea 〈◊〉 the worst Season of the Year in the face 〈◊〉 Two great Monarchs his Professed Enemies anâ— upon an Element which at his first setting oâ— seemed to Declare against Him By Land hâ—ving a great Army to oppose many Hardshiâ— to undergo Uncertainties to struggle with tâ—â— Romish consecrated Daggers and Poyson to pâ—vent Undaunted he went through all and without shedding of Blood restored of a suâ—den two languishing Nations France thâ— laughed at the Attempt was amazed at thâ— Success and her superfine Politicks blushed 〈◊〉 the sight of this But that which is admirable is to see a Prinâ— of a Temper so even as neither to be disheaâ—ned with Hardships and Misfortunes nor pâ— up with Success Always the same though â—â—der various Circumstances which is a trâ— Symptom of a great Soul Whereas Mutahiâ—ty is the proper Character of a mean aâ—cowardly Soul sometimes huffing other timâ— sneaking sometimes ready to tear his Sâ—â—jects to pieces at other times fawning upâ—â— them From those great Things His Majesty 〈◊〉 done hitherto one may guess at his next â—â—tempt assoon as Ireland is reduced The Freâ— King's Invasions and Devastations and his hâ—rid Persecution of his Protestant Subjects 〈◊〉 â—hings not to be forgotten Manet alta mente â—â—stum and I am much mistaken if the wild 〈◊〉 at last don't meet with a Hercules Che va â—â—no va sano As for the Queen She is the Glory of her â—ex the fairest and yet the best natured â—incess in the World Humble and affable in â—er Conversation never seen in any Passion â—ways under a peculiar Sweetness of Temper â—loved of her Friends admired by her Eneâ—ies Moderate in her Pleasures full of Zeal 〈◊〉 her Devotions and of Charity towards Peoâ—le in Distress A professed Enemy to Idleâ—ess and as great a Lover of Vertue and Knowâ—dge In a word She is a Princess of many â—â—traordinary Vertues and Excellencies withâ—ut any appearance of Vanity or the least mixâ—â—re of Vice So that we have under this Government â—â—e fairest Prospect imaginable of a suture Hapâ—iness And after several weak and inglorious â—eigns we are like in this with Gods Blesâ—ing if we be not wanting to our selves to â—e once more the Delight of our Friends and 〈◊〉 Terrour to our Enemies CHAP. XIV The Vnreasonableness of the Disaffected Party under Their Majesties Gracious Government UNder our happy Circumstances of 〈◊〉 gentle and easy Government of seeing our Laws and Property Restored wâ— want nothing but Union to compleat our Happiness But instead of it we have Men amongst us that are already sick of it some Churchmen some Dissenters besides the generality of Roman Catholicks These indeed have the most reason to grumble who by losing King James have loâ—â— their greatest Hopes Yet if they do seriously consider what Indulgence they met with when they expected nothing but Vengeance they ought to rest satisfied and blush at their bloody Principles What have they suffered for all their Clamours Threats Insults and Outrages during the Reign of King James Scarce a Man hurt amongst them and but a few Houses pulled down by the Rage of the Mobile incouraged thereto by the Desertioâ— of King James when he left us without anâ— form of Government Ever since they have injoy'd the same Protection with the otheâ— Subjects of this Kingdom whatever has beeâ— maliciously suggested and published beyond Seâ— to the contrary and have been no where at least with Authority hindered in their Devotions So very Indulgent the King has been hitherto to his greatest Enemies But suppose King James had prevailed they would have had indeed Popery Triumphant fine Processions Monks in their proper Habits and our Saviour walking the Streets in a Box. But what 's all this to Property A Belly full of domineering Popery makes many an empty Belly for Slavery always attends it The Church of Rome is an hungry Church and the Princes of her Communion know best how to squeeze their Subjects Whilst they work upon the â—ody she works upon the Soul They pull one way she another and so they divide the Spoil making a Prey of the People every where Therefore if the English Papists understand their true Interest as their Wise Ancestors did they ought to stand for the English Liberty as â—ong as they can have any Indulgence in matter of Religion But besides the Roman Catholicks which are â—â—deed the most excusable in this Case who â—ould have imagined that Protestants should be â—anable of lessening themselves their own Hapâ—iness in this Change And amongst them â—senters disgusted but for what Because 〈◊〉 King has declared Himself particularly for 〈◊〉 Church of England I bear a Love to Disâ—â—ters as Christians and Protestants and Soâ—er People for the generality But they cannot â—pect to be blameless as long as Envy and Reâ—nge two Passions very opposite to Contenâ—ness and Meekness do so far possess some of â—â—em as never to be pleased till they get the â—â—ff in their hands Time was when they desired â—hing more but the Liberty of Serving God in their Way without Molestation This Liberty they got since this Change by Act of Parliament with the ready Concurrence of the Church of England Members and the King's Assent to it but now it won't serve their turn If nothing will please them but to see a Church run down that stood alone at the Gap in the late Reign that so learnedly baffled all the Popish Writers and was therefore by a Roman Decree to be stript of all and destroyed when the Dissenters were much in favour in that Court God forbid they should ever be pleased The King knows who are the best Friends to the Crown and upon whom he may safely rely He loves all his Subjects but perhaps not all alike The Mischief is that some of our Churchmen are also out of Humour or rather out of order One lies sick of a Scruple of Conscience another languishes in love with King James a third is e'en distracted betwixt
a King De Jure and a King De Facto But those Diseases I thank God are not so Epidemical as to indanger a Convulsion in the State There are excellent and approved Remedies for them in the Pastoral Letter of the present Bishop of Salisbury and in the Collection of Papers but particularly in the late Book put out by that eminent Divine Dr. Sherlock to which for brevity sake I referâ— the Diseased But if Reason cannot Time I hope will wear out their Distempers And so I bid them Farewell CHAP. XV. Of the present KING and QVEEN's Court. THeir Majesties Court is composed of two distinct Bodies one of Laymen another of Churchmen I shall begin with the first not out of any Disrespect to the second but because this seems to me the most proper and natural Method The Court-Laymen are subdivided into two distinct Parts Civil and Military But before we descend to Particulars 't is to be observed I. That the Court wherever it is has within it self a certain Latitude of Jurisdiction called the Verge of the Court which is every way within 12 miles of the chief Tunnel of the Court except London which is exempted by Charter II. That the King's Court or Pallace where is Majesty resides is counted so sacred a Place â—at not only Striking of any one there in â—assion is severely forbidden but also all Ocâ—asions of Striking The first by the ancient â—aws of England was punished with Death â—â—d Loss of Goods And to this day whoâ—â—er presumes to strike another within the Palâ—ce where the King's Person resides and does 〈◊〉 draw blood by his Stroke is liable â—thout His Majesties Pardon to lose his right Hand to be Fined at the King's Will and ly in Prison till the Fine be paid And further to deter any one from presuming to Strike in the King's Court the Punishment for it is executed with great Ceremony III. That as great as the Court is yet it falls much short of what it has been formerly whether we consider the prodigious Plenty the Court lived in or the Greatness of the Houshold The Diminution whereof was first occasioned by the Troubles in the Reign of Charles I continued by Charles his Son and made greater by the late King James Before the Troubles aforesaid this Court went far beyond all others in Plenty and Magnificence no less than 86 Tables being kept here furnished in all with about 500 Dishes each Meal with all Things sutable A Profuseness I confess becoming the Times when the English were more addicted to Feasting than they are at present But to come to the present State of the Court the King's Houshold is managed in chief by these three principal Officers whose respective Salaries I have annexed Viz.  Wages Board-wages The Lord Steward 100 00 00 1360 00 00 The Lord Chamberlain 100 00 00 1100 00 00 The Master of the Horse 1200 00 00  Under whom are almost all the King's Officers and Servants The Lord Steward is the Principal Officer oâ— the King's Houshold To whom the State oâ— the House is committed to be ruled by hiâ— Discretion and all his Commands in Court to be obeyed and observed His Authority reaches over all Officers and Servants of the King's House except those of the King's Chamber the Stable and the Chappel He is a White-Staff Officer and the White-staff is taken for a Commission In the King's Presence he holds it up in his hand and at other times when he goes abroad 't is carried by a Footman bare-headed Upon the King's Death he breaks his Staff over the King's Herse and thereby discharges all Court-Officers under him By his Office without any Commission he judges of all Treasons Murders Felonies and Bloudsheds committed in the Court or within the Verge Which is much for the King's Honour that where His Majesty is no Justice should be sought but immediately from his own Officers At the beginning of Parliaments he attends the King's Person and at the end he adjusts the Parliament Expences c. To take the Accounts for all Expences of the King's Houshold there is a Place at Court called the Compting-House And in this House is kept that ancient Court of Justice called the Green Cloth of a Green Cloth whereat the Court sits The Officers that sit in the Compting-House and at the Board of Green Cloth with their respective Salaries are Besides the Lord Steward in chief  Wages Board-wages The Treasurer and Cofferer of the Houshold 223 14 08  The Comptroller 107 17 06 1092 02 06 The Master of the Houshold 66 13 04 433 06 08 Two Clerks of the Green Cloth and Two Clerks Comptrollers each 44 06 08 455 13 04 Amongst which the Lord Steward the Treasurer and the Comptroller are usually of the King 's Privy Council and the two last are also White-Staff Officers Their Office in the Compting House is there to sit day by day to take as I said before the Accompts for all Expences of the King's Houshold to make Provisions for it to make the Payments and such Orders as they think fit for the Servants In short to Them is committed the Charge and Government of the King's House with Power to correct all the Servants therein that shall any way offend and to keep the Peace not only within it but within the Verge of the Court. And whereas the King's Servants are free from Arrest the Creditors of such as are backward to pay have no other way for Payment but to make their application to the Board of Green Cloth which upon hearing of the Matter take care to see Justice done to the Creditors In the Lord Steward's Absence the Treasurer has power with the Comptroller and Steward of the Marshalsea by virtue of their Office and without Commission to hear and determine Treasons Felonies and other Crimes committed within the King's Pallace and that by Verdict of the King's Houshold And if any Servant within the Check-Roll be found guilty of Felony he is incapable of the Benefit of the Clergy The Comptroller's Office is to Comptrol the Accounts of the Green Cloth The Cofferer pays the Wages to the King's Servants above and below Stairs and for the Houshold Provisions according to the Allowance and Direction of the Green Cloth He has also a particular Charge and Oversight of the inferiour Officers of the King's House The Master of the Houshold surveys the Accounts of the House The Clerks of the Green Cloth sum up all Bills of Comptrolment Parcels and Brievements And the two Clerks Comptrollers do let and allow them But besides the foresaid Officers belonging to the Compting House and Green Cloth there are inferiour Officers and Servants relating to the same Viz.  Per Annum  Wages Board-wages Two Yeomen each 05 00 00 73 00 00 Two Grooms each 02 13 04 54 15 00 A Messenger 02 13 04 37 06 08 In the inferiour Offices below Stairs all under the Lord Steward there is
the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges
manner of Ways 1. by â—oods and Chattels 2. by the Body Pledges â—â—d Mainprise 3. by the Body only This â—ourt is kept every 40 Days Pie-powder Court is a Court held in Fairs to yield Justice to Buyers and Sellers and for Redress of all Disorders committed in them These Courts are so called from the French Pie a foot and poudreux dusty the Fairs being kept most usually in Summer to which the Country people use to come with dusty feet A Pie-powder Court is held de hora in horam every hour and such is the Dispatch made here that Justice ought to be summarily administred within three ebbing and three flowing of the Sea CHAP. XII Of the Ecclesiastical Courts and first of the Convocation TO consult of Church-Matters and make Ecclesiastical Laws now and then the Convocation meets and that in time of Parliament Which Convocation is a National Synod or general Assembly of the Clergy convoked after this manner Some time before the Parliament sits the King by the Advice of his Privy Council sends his Writ to the Arch-bishop of each Province for Summoning all Bishops Deans Arch-Deacons c. assigning them the Time and Place in the said Writ Upon which the Arch-Bishop of Canterbury directs his Letters authentically sealed to the Bishop of London as his Dean Provincial wherein he cites him peremptorily and willeth him to cite in like manner all the Bishops Deans Arch-Deacons Gathedral and Collegiate Churches and all the Clergy of his Province to the Place and Day prefixt in the Writ But he directeth withal that one Proctor be sent for every Cathedral or Collegiate Church and two for the Body of the Inferiour Clergy of each Diocese All which the Bishop of London takes accordingly care of willing the Parties concerned person 〈◊〉 to appear and in the mean time to cerâ—ify to the Arch-Bishop the Names of every one so warned in a Schedule annexed to the Letter Certificatory Upon which the other Bishops of the Province proceed the Cathedral and Collegiate Churches and the inferiour Clergy of each Diocese make choice of their Proctors Which done and certified to the Bishop of London he returneth all at the Day And the same Method is used in the Province of York The Chappel of Henry VII annexed to Westminster Abbey is the usual Place where the Convocation of the Clergy in the Province of Canterbury meets Whilst the Arch-Bishop of York holds at York a Convocation of all his Province in like manner Thus by constant Correspondence these two Provinces tho so â—r distant from each other do debate and â—onclude of the same Matters The Convocation is like the Parliament disided into two Houses the higher and the â—wer And all Members have by Statute the â—â—me Priviledges for themselves and menial â—ervants as the Members of Parliament have The higher House in the Province of Canterbury which is by much the larger of the two consists of 22 Bishops whereof the Arch-Bishop is President Who sits in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes and Hoods the Arch-Bishops Hoods furred with Ermin and the Bishops with Minever The lower House consists of all the Deans Arch-deacons one Proctor for every Chapter and two Proctors for all the Clergy of the Diocese Which make in all 166 Persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan Clergy The first Business of each House upon their Meeting is to chuse each a Prolocutor or Speaker The Prolocutor of the lower House being chosen he is presented to the upper House by two of the Members whereof one makes a Speech and the elect Person another both in Latine To which the Arch Bishop answers in Latine and in the Name of all the Lords approves of the Person The Matters debated by both Houses are only such as the King by Commission do'â— expresly allow viz. Church and Religion Matters first proposed in the Upper and thâ—â— communicated to the Lower House And the major Vote in each House prevails Sometimes there have been Royal Aids granted to the King by the Clergy in Convocation Anciently this Assembly might without 〈◊〉 now with the Royal Assent make Canon touching Religion binding not only them selves but all the Laity without Consent oâ— Ratification of the Lords and Commons iâ— Parliament Neither did the Parliament meddle in the making of Canons or in Doctrinal Matters till the Civil Wars in the Reign of Charles I. Only when thereto required they by their Civil Sanctions did confirm the Results and Consultations of the Clergy whereby the People might be the more easily induced to obey the Ordinances of their Spiritual Governours To conclude the Laws and Constitutions whereby the Church of England is governed are first general Canons made by general Councils with the Opinion of the orthodox Fathers and the grave Decrees of several holy Bishops of Rome which have been admitted from time to time by the Kings of England Then our own Constitutions made anciently in several Provincial Synods both by the Popes Legates Otho and Othobon and by several Arch-Bishops of Canterbury all which are of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Next to those Constitutions this Church is also governed by Canons made in Convocations of latter times as in the first Year of the Reign of King James I and confirmed by his Authority Also by some Statutes of Parliament â—ouching Church-Affairs and by divers Immeâ—orial Customs But where all these fail the Civil Law takes place CHAP. XIII Of the Court of Arches the Court of Audience the Prerogative-Court the Court of Delegates the Court of Peculiars c. FROM the Church Legislative I come to the Executive Power for which there have been several Courts provided Amongst which is the Court of Arches the chief and most ancient Consistory that belongeth to the Arch-Bishop of Canterbury for the debating of Spiritual Causes So called from the arched Church and Tower of S. Mary le Bow in Cheapside London where this Court is wont to be held The Judge whereof is called Dean of the Arches or the Official of the Court of Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of 13 Parishes in London termed a Deanry being exempt from the Bishop of Londons Jurisdiction and belonging to the Arch-Bishop of Canterbury All Appeals in Church-Matters within the Province of Canterbury are directed to this Court. In which the Judge sits alone without Assessors hearing and determining all Causes without any Jury The Advocates allowed to plead in this Court are all to be Doctors of the Civil Law Who upon their Petition to the Arch-Bishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court but must not practise the first Year Both the Judge and the Advocates always wear their Scarlet Robes with
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