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
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-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
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