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A50824 The new state of England under Their Majesties K. William and Q. Mary in three parts ... / by G.M. Miege, Guy, 1644-1718? 1691 (1691) Wing M2019A; ESTC R31230 424,335 944

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of Salisbury began the Sermon his Text being taken out of 2 Sam. 23. V. 3 4. The Sermon ended Their Majesties took the Oath And being conducted to their Regal Chairs placed on the Theater that they might be more conspicuous to the Members of the House of Commons who were seated in the North-Cross They were Anointed After the Unction they were presented with the Spurs and Sword invested with the Palls and Orbs and then with the Rings and Scepters At four of the Clock the Crowns were put upon their Heads at sight whereof all the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Their Majesties and after the Benediction They vouchsafed to kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed Their Majesties left Cheeks In the mean while the Treasurer of the Houshold threw about the Coronation Medals which were of Silver about the bigness of a half-crown Piece representing of one side the King and Queen with their Names thus Gulielmus Maria Rex Regina And on the Reverse giddy-brained Phaethon unskilfully guiding the Chariot of the Sun with Jupiter above striking him with a Thunder-bolt and this Motto about it Ne Totus Absumatur that is Lest the whole World be Consumed with fire A very pat Emblem to the present Juncture as those may best judge who are well acquainted with the Story of Phaethon Next followed the Communion And Their Majesties having made Their second Oblation received the holy Sacrament Then the Bishop read the final Prayers After Prayers Their Majesties retired into S. Edward's Chapel where they were new Arrayed in Purple Velvet And in this Habit they returned to Westminster-Hall with Their rich Crowns of State upon their Heads and the Nobility their Coronets A splendid Dinner being prepared in the Hall for Their Majesties and the whole Proceeding the first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High Constable High Steward and Earl Marshal But the Tables of the Nobility c. were all ready furnished before their Coming in Before the second Course Charles Dymoke Esq Their Majesties Champion came into the Hall on horse-back between the High Constable and the Earl Marshal where be performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendour and Magnificence Their Majesties about eight in the Evening returned to Whitehall CHAP. IX Of the King's peculiar Prerogatives Also of His Power Court and Revenues in general BEsides the Royal Marks of Sovereignty inherent in the Crown of England the King has certain Priviledges properly called by the Name of Prerogatives which are so many Flowers of the Crown The principal are these that follow First all Estates for want of Heirs or by Forfeiture escheat or revert to the King To Him also belong all Lands of Aliens dying before Naturalization or Denization unless they leave Issue born within his Dominions All Waste Ground or Land recovered from the Sea All Gold and Silver Mines in whose Ground soever they are found All Wayfs Strays and Wracks not granted away by Him or any of his Predecessors All Treasure found as Gold Silver Plate Bullion c. the Owner whereof is unknown All Royal Fishes as Whales Dolphins c. And Royal Fowl as Swans not markt and swimming at liberty on the River The King by his Prerogative has the Right of Pre-emption of all Sorts of Victuals near the Court and may take Horses Carts Ships and Boats for his Carriages at reasonable Rates By his Letters Patent he may erect new Counties Cities Boroughs Universities Colledges Schools Hospitals Fairs Markets Forests Chases Free-Warrens c. And without his Authority no Forest Chase or Park can be made or Castle built He has Power likewise to Infranchise an Alien and make him a Denison whereby he is inabled to purchase Houses and Lands and to bear some Offices But none can be Naturalized but by King and Parliament The King only can give Letters of Mart or Reprisal And in case of Losses by Fire or otherwise He only can give Patents to receive the charitable Benevolences of the People without which no Man may ask it publickly Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and till the Kings Debts be satisfied He may protect the Debtor from the Arrest of other Creditors He may Distrein for the whole Rent upon one Tenant tho he do not hold the whole Land Is not obliged to demand his Rent as others are and may sue in what Court he pleases and Distrain where he list No Occupancy can stand good against the King nor any Entry before Him prejudice him And the Sale of the Kings Goods in open Market do's not take away his Property therein All Receivers of Mony for the King or Accomptants to Him for any Branch of his Revenues are chargeable for the same at all times in their Persons Lands Goods Heirs Executors and Administrators And when any Debtor to the King is disabled to pay him by reason of Debts owing him which he has not been able to recover in such a Case the Kings Debtor being Plaintiff has some Priviledges above others by virtue of a Quo minus in the Exchequer In Doubtfull Cases always there ought to be a particular Regard and favourable Presumption for the King And Judgments against the King's Title are always entred with a Salvo Jure Domini Regis That if at any time the King's Council at Law can make out his Title better that Judgment shall not prejudice Him Which is not so for a Subject The King's Servants in Ordinary are free from Arrest also from all Offices that require their Attendance as Sheriff Constable Church-Warden c. And for reasonable Causes Him thereunto moving He may protect any Man against Suits at Law c. with a Noli Prosequi As to Church Matters the King by Act of Parliament is the Supream Head of the Church as He is of the State and is lookt upon as her Gardian and Nursing Father He is as Constantine the Emperor said of himself an external Bishop of the Church and in some Sense a Priest aswell as a King Therefore at his Coronation He is Anointed with Oyl as the Priests were at first and afterwards the Kings of Israel to intimate that his Person is Sacred and Spiritual and has the Dalmatica and other Priestly Vests put upon Him By virtue of his Prerogative He has Power to call a National or Provincial Synod and to make such Alterations in the Church-Discipline as they shall judge expedient And as He is the Lord Paramount or Supream Landlord of all the Lands in England so He has all over England the Supream
dissolved and can act no more without a new Power The usual Time for the House to receive the Reports is after the House is full And 't is commonly the first Thing they go then upon unless there be Bills Ingrossed which are to take place and publick Bills before private The Reporter must first acquaint the House That he is to make a Report from such a Committee to whom such a Bill was Committed Then standing in his place he reads each of the Amendments with the Coherence in the Bill opens withal the Alterations and shews the Reasons of the Committee for such Amendments until he has gone through all When that is done if his Seat be not next the Floor he must come from his Place to the Bar and so come up to the Table where he delivers both the Bill and Amendments to the Clerk to be read Whilst he stands by the Clerk the Clerk reads twice the Amendments only that are to be Inserted and then he delivers the Bill with the Amendments to the Speaker Whereupon any Member may speak against all or any of the Amendments and desire the Coherence to be read But he is to make all his Objections at once to all the Amendments without speaking again Note that in the House of Lords the Judges and other Assistants there of the long Robe are sometimes Joyned to the Lords Committees though they have no Voice in the House But whereas in the House they sit covered by the Leave of the Peers at a Committee they are always uncovered A Grand Committee called a Committee of the whole House is the House it self resolved into a freedom of Debate from the Rules of the House to the Nature of a Committee and therefore 't is commonly called a Committee of the whole House These Grand Committees are used when any great Business is in hand that requires much Debate as Bills to impose a Tax or raise Mony from the People Which Bills particularly do always begin in the House of Commons as their Representatives In these Committees every Member is free to speak to one Question as often as he shall see Cause which is not permitted in the House and to answer other Mens Reasons and Arguments So that it is a more open Way and such as leads most to the Truth the Proceeding more honourable and advantagious both to King and Parliament When the House inclines to resolve it self into a Committee it is done by a Question Which being carried in the Affirmative the Speaker leaves the Chair and thereupon the Committee makes choice of a Chair-man If a Dispute arises about the Choice the Speaker is called back to his Chair and after the Choice is cleared he leaves it The Chair-man sits in the Clerks Place at the Table and writes the Votes of the Committee the gathering whereof is according to the Rules of the House When the Committee has gone through the Matter in hand the Chair-man having read all the Votes puts the Question That the same be Reported to the House If that be Resolved he is to leave the Chair and the Speaker being called again to the Chair the Chair-man is to Report what has been resolved at the Committee standing in his usual Place From whence if it be not in the Seat next the Floor he is to go down to the Bar and so to bring up his Report to the Table In case the Committee cannot perfect the Business at that sitting Leave is to be asked That the Committee may Sit at another time on that Business But if the Matter has been throughly Debated and is judged fit to be Resolved in the House the Speaker is called to the Chair for that purpose In other Things the Proceedings are the same as in the House And so much for the Committees I proceed now to the Manner of Adjourning Proroguing or Dissolving the Parliament which is done at the Kings Pleasure and that in the House of Lords with the same Appearance and Solemnity as I have already described An Adjournment and Prorogation are to some convenient time appointed by the King himself but with this Difference that an Adjournment do's not conclude the Session which a Prorogation do's So that by an Adjournment all Things debated in both Houses remain in statu quo and at the next Meeting may be brought to an Issue Whereas a Prorogation makes a Session and then such Bills as passed either House or both Houses and had not the Royal Assent must at the next Assembly begin anew before they can be brought to perfection Upon an Adjournment or Prorogation the King do's usually make a Speech to both Houses of Parliament And he ought to be there in Person or by Representation as on the Day of their first sitting Now the Kings Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin adjourn prorogue c. But 't is Observable that each House has also a Power to Adjourn themselves which when they do 't is at the most but for a few Days A Dissolution is that whereby the House of Commons becomes Vacant in order to a new Election Now a Parliament may be Dissolved by the King at any time whether they be actually sitting or not But if a Parliament do sit and be Dissolved without any Act of Parliament passed or Judgment given 't is no Session of Parliament but a Convention The King being the Head of the Parliament if his Death happens when there is a Parliament 't is ipso facto Dissolved 'T was a Custom of old after every Session of Parliament for the Sheriff to Proclaim by the Kings Command the several Acts passed in that Session that none might pretend Ignorance And yet without that Proclamation the Law supposes every one has noticeby his Representative of what is transacted in Parliament But that Custom has been laid aside since Printing came to be of common Use The Parliament ought to sit by Law at least once in three Years Thus I have laid open the Supream Court of England which without the Kings Concurrence can legally do nothing that 's binding to the Nation but with it can do any thing For whatever is done by this Consent is called firm stable and sanctum and is taken for Law Thus the King and Parliament may abrogate old Laws and make new settle the Succession to the Crown Define of doubtful Rights whereof no Law is made Appoint Taxes and Subsidies Establish Forms of Religion Naturalize Aliens Legitimate Bastards Adjudge an Infant or Minor to be of full Age Attaint a Man of Treason after his Death Condemn or Absolve them who are put upon their Trial Give the most free Pardons Restore in Bloud and Name c. And the Consent of the Parliament is taken to be the Consent of every Englishman being there present in Person or by Procuration King John having resigned up the Crown of England to the Pope and
Office at Westminster are preserved all the Counterfoils of the Tallies ranged by Months and Years and by that means easily found out to be joyned with their respective Stock or Tally There is also the chief Vsher of the Exchequer an Office of Inheritance four Vnder-Vshers a Marshal and six Messengers As to the Court of the Dutchy of Lancaster also kept at Westminster it concerns particularly the Revenue belonging to that Dutchy long since annexed to the Crown The chief Judge of this Court is the Chancellour of the Dutchy assisted by the Attorney of the same Next to whom is the Receiver General the Vice-Chancellor of the Dutchy the two Auditors the Clerk of the Dutchy and a Messenger CHAP. VII Of the Sheriffs and their two Courts called the County-Court and the Sheriffs Turn of Justices of Peace and their Quarter-Sessions with an Account of the Grand Jury of the Coroners Clerks of the Markets and their Courts FOR the Civil Government of Counties Cities Towns and Villages there are divers Officers to whom belong several Courts for the due Administration of Justice First in every County except Durham and Westmorland there is a Sheriff which is a yearly Office the Power whereof extends all over the County except such Cities and Towns as are Counties of themselves that is which have the Priviledge of Counties In Middlesex only there are two Sheriffs upon the account of London the Capital City of the Kingdom The Sheriffs were heretofore chosen as Knights of the Shire by the Suffrages of the People But now they are appointed by the King after this manner First the Judges nominate six fit Men of each County that is Knights or Esquires of good Estates Out of that Number three are chosen by the Privy Counsellors and the twelve Judges assembled in the Exchequer and there sworn in order to it And out of this Number the King himself chuses whom he thinks fit Heretofore the same Sheriff served many years together and to this day this Office is hereditary to the Cliffords in the County of Westmorland by Charter from King John The Sheriffs Office is both Ministerial and Judicial As Ministerial he is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to Impannel Juries to bring Causes and Criminals to Trial and to see the Sentences executed In short there is no Execution of the Law but by the Sheriff for by him all Suits begin and all Process served He is likewise to collect all publick Profit as Taxes Fines Distresses and Amerciaments into the Kings Exche quer or where-ever the King shall appoint and to make such Payments out of it as he shall have due Order for At the Assizes he is to wait on and gard the Itinerant Judges so long as they continue within the County As to the Judicial Part of his Office he holds by virtue thereof two several Courts the one called the County-Court and the other the Sheriffs Turn The County-Court is held every Month by the Sheriff himself or his Deputy the Vnder Sheriff wherein he hears and determines Civil Causes of the County under 40 shillings which anciently was a considerable Sum. But this is no Court of Record The Sheriffs Turn is held twice a Year viz. within a month after Easter and within a mont● after Michaelmas In this Court he inquire of all Criminal Offences against the Common Law wherein he is not restrained by any Statute For all the Bishops Earls Barons and all such as have Hundreds of their own to be kept are exempted from the Jurisdiction of this Court. In short this is a Court of Record in all Things that belong to it 'T is the Kings Leet through all the County whereof the Sheriff is Judge this Court being incident to his Office The Justices of Peace anciently called Wardens or Gardians of the Peace are such amongst the Gentry and sometimes amongst the Clergy as are appointed by the Kings Commission to attend the Peace of the County where they dwell Their Original is from the first year of Edward the III but they were not called Justices till the 36th Year of his Reign Their Office is to call before them examine and commit to Prison Rioters wandering Rogues Thieves Murderers false Moneyers those that hold Conspiracies and almost all Delinquents that may occasion the Breach of Peace and Quiet to the Kings Subjects and to see them brought forth in due time to Trial. If any one Swears himself to be in danger of his Life upon the Threats of another he may bind him over to his good Behaviour and the Justice shall commit him to Prison unless the finds good Security for his good Behaviour during a Year and a Day Among the Justices of Peace the Number whereof is as His Majesty thinks fit there are some particularly called Justices of the Quorum from these Words in the Commission Quorum A.B. unum esse volumus As for Example Where a Commission is directed to seven Persons or any three of them Whereof A.B. and C.D. to be two these are said to be of the Quorum because the rest cannot proceed without them So that a Justice of Peace and Quorum is one without whom the rest of the Justices in some Cases cannot proceed Every Quarter or three Months the Justices of each County meet at the chief or Shire Town from whence this Court came to be called the Quarter Sessions Where the Grand Inquest or Jury of the County is summoned to appear who upon Oath are to inquire of Malefactors Rioters and suspected Persons The G and Jury do's commonly consist of 24 grave and substantial Gentlemen or some of the better sort or Yeomen chosen indifferently or at least ought so to be by the Sheriff out of the whole Shire to consider of all Bills of Inditement preferred to the Court. Which Bills they do either approve by Writing upon them Billa Vera or disallow by indorsing Ignoramus Presently upon the Allowance of a Bill the Party concerned is said to be Indited and is committed to Prison But what Bills are Disallowed are delivered to the Bench by whom they are forthwith cancelled or torn If the approved Bills touch Life and Death they are further referred to another Jury to be considered of because the Case is of such Importance but others of lighter moment are proceeded upon by fining the Delinquents without any more ado Unless the Party traverse the Inditement or challenge it for Insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Jury and in the latter transmitted to a higher Court. In short the Trial is usually referred to the next Assizes when the Judges at Westminster go their Circuits Originally this Court seems to have been erected only for Matters touching the Peace but now it extends much further The Sheriff or his Under-Sheriff is bound to attend upon this Court with his Constables Bayliffs
the Letter T. for a Thief or M. for Manslayer Then he is delivered to the Bishops Officer to be kept in the Bishops Prison from whence after a certain time he is delivered by a Jury of Clerks But if he be taken and found Guilty again and his Mark discovered then 't is his Lot to be hanged But he whom the Jury pronounces Not Guilty is Acquitted forthwith and Discharged paying the Jaylor his Fees And as to those Prisoners who stand not Indited but were only sent to Prison upon Suspicion the Way is to Proclaim 'em first in this manner A. B. Prisoner stands here at the Bar If any Man can say any thing against him let him now speak for the Prisoner stands at his Deliverance If upon this no Evidence appears against him he is set free paying the Jaylor his Fees Which Way of Deliverance is called Deliverance by Proclamation CHAP. X. Of the Court Martial and Court of Admiralty THE Court Martial otherwise called Court of Chivalry is the Fountain of Martial Law and is only held in Time of War for Martial Discipline The proper Judges of this Court are the Lord High Constable and the Earl Marshal of England which last is also to see Execution ●tone The Court of Admiralty is about Maritime Concerns and the Judge thereof is commonly 〈◊〉 Dr. of the Civil Law For the Sea being out of the reach of the Common Law the Proceeding of this Court in all Civil Matters is according to the Civil Law And whereas the Sea by its Flux and Re●ux advances and runs-back twice a Day which makes the Bounds of the Sea and Land ●ovable every Day It is agreed upon that 〈◊〉 far as the Low-Water Mark is observed is within the Counties Jurisdiction and Causes ●ence arising are Determinable by the Common Law But upon a full Tide the Admiral has ●urisdiction as long as the Sea-flows over ●ll Matters done between the Low-Water Mark and the Land So that here is as Dr. Chamberlain says Divisum Imperium between the Common Law and the Court of Admiralty Besides the Civil Law which this Court proceeds by great Use is made here of the Maritime Laws of Rhodes and Oleron two Islands the former whereof is in the Mediterranean not far from the Continent of Asia the other in the Ocean near the Mouth of the Garonne in the Bay of Aquitain The Rhodian Laws were compiled by the Inhabitants of Rhodes a People anciently very powerful at Sea and whose Maritime Laws were esteemed so just and equitable that the very Romans so skilful in making of good Laws referred all Debates and Controversies in Sea-Affairs to the Judgment of the Rhodian Laws Those of Oleron called le Rolle d' Oleron were made by Order of King Richard I the● possessed of Aquitain and being at Oleron Which proved such excellent Laws for Sea-Matters that they came to be almost a● much respected and made use of in these Western Parts as the Rhodian Laws in the Levant To which King Edward III added very excellent Constitutions concerning Maritime Affairs still in force In Imitation whereof several other Sea-faring Nations have done the like for their respective Sea-Trade As to Criminal Matters especially about Piracy the Proceeding in this Court of Admiralty was according to the Civil Law till the Reign of Henry VIII When two Statute were made for Criminal Matters to be trie● by Witnesses and a Jury by the Kings special Commission to the Lord Admiral where 〈◊〉 some Judges of the Realm are ever Commissioners The Writs and Decrees of this Court run in ●he Name of the Lord High Admiral or Lords commissioners executing that Office and are ●irected to all Vice-Admirals Justices of ●ace Mayors Sheriffs Bayliffs Constables●●arshals and other Officers and Ministers as ●ell within Liberties as without To this Court belongs a Register and a Mar●al The Marshal attends the Court and car●es a Silver Oar before the Judge whereon ●e the Kings Arms and the Lord High Ad●irals Here the Lord Admiral has his Advocate ●d Proctor by whom all other Advocates and ●●octors are presented and admitted by the ●●dge All the Places and Offices belonging 〈◊〉 this Court are in the Gift of the Lord ●●igh Admiral and now of the Lords Com●issioners The Court is held in the Afternoon in the common Hall at Drs. Commons But the Ad●iralty-Session for the Trial of Malefators and Crimes committed at Sea is still ●eld at the ancient Place viz. S. Margaret's ●ll in Southwark CAHP. XI Of the Court of Marshalsea the Courts of Conscience the Court of Requests disused the Forest-Courts and Pie-powder Courts THE first is the Court or Seat of the Knight Marshal of the Kings House where he judges of Debts for which the Party has been Arrested within the Kings Verge and sent to the Marshalsea Which i● a Prison in Southwark where this Court i● kept King Charles I. erected a Court by Letters Parents under the Great Seal by the Name o● Curia Hospitij Domini Regis c. which takes Cognizance more at large of all Causes tha● the Marshalsea could of which the Knight Marshal or his Deputy are Judges The Courts of Conscience are inferiour Court● established and settled by Parliament in many Parts of the Realm for the Relief of po●● People whose Debt do's not amount to forty Shillings So that by any of these Courts the Creditor may recover his Debt and the Debtor pay it at an easy rate As for the Court of Requests 't was a Court of Equity much of the same nature with the Chancery but inferiour to it Called Court ●f Requests as being principally Instituted for the help of such Petitioners as in conscionable cases dealt by Supplication with the King This Court followed the King and was not ●xt in any Place But in process of time it ●sumed so great a Power and grew so burden●● and grievous to the Subject that it was ●ken away together with the Star-Chamber 〈◊〉 Statute made in the Reign of Charles I. For the Conservation of the Kings Forests ●●d to prevent all Abuses therein there are ●ree Courts established one called the Ju●ice of Eyres Seat another the Swainmote and ●●e third the Court of Attachment The first is or should be by ancient Cu●●m held every third Year by the Justices Eyre of the Forest journeying up and down 〈◊〉 the purpose aforesaid Swainmote is another Court as incident to a forest as a Pie-powder Court to a Fair. By ●e Charter of the Forest it is held thrice a ●ear before the Verderors as Judges What ●hings are Inquirable in the same you may 〈◊〉 in Cromp. Jurisd fol. 150. The lower Court is called the Attachment because the Verderors of the Forest have there● no other Authority but to receive the Attchments of Offenders against Vert and Veni●n taken by the rest of the Officers and to Inrol ●●em that they may be presented and punish●● at the next Justice-Seat Now the Attachments are made three
large Town seated upon two Rivers the Skerne and a Rivulet that runs there into it Over the first which falls within 2 miles into the Tees it has a fair Stone-Bridge Not far from hence at Oxenhall are 3 Pits called Hell-Kettles of a wonderful depth supposed to come of an Earthquake that hapned in the Year 1179. 'T is said of Bishop Tunstall of this Diocese that he took a Goose which he markt and put into one of the Pits and the same Goose was found afterwards in the River Tees Bernard Castle is seated in a Bottom on the River Tees and adjoyning to Marwood Park 'T is but an indifferent Town and of chief note for Stockings here made Bishop Aukland is pleasantly seated on the side of a Hill between the Ware over which it has a Bridge and a Rivulet that runs into it This is a neat Town and noted for its good Air. But that which adds much to its Reputation is its stately Castle the Bishops Summer Pallace beautifully repaired by Dr. Cosins the late Bishop of Durham and a fine Chappel raised by the same Bishop from its Ruins Sunderland is a Sea-Town on the Mouth of the River Ware Called Sunderland because by the Working of the Sea it is in a manner pulled from the rest of the Land it being at high Water invironed on all sides with the Sea This is a noted Place for its Sea-Coal Trade but chiefly for giving the Title of Earl first to Emanuel Lord Scrope of Bolton and Lord President of the North created Earl of Sunderland by King Charles I. Anno 1627. Upon whose Death without lawful Issue the Title was bestowed by the same King upon Henry Lord Spencer of Wormleighton in the Year 1643. Who being slain the same Year at the first Newberry Fight the Title fell to Robert his Son and Heir the present Earl of Sunderland Stainthorp or Staindrop ly's but 5 miles East-North-East from Bernard Castle among Parks and on a Rivulet that runs from thence into the Tees And not far from it is another Castle called Raby-Castle which King Canute gave to the Church of Durham with the Lands about it But besides the said Market-Towns here is in the South-East Parts Stockton and Billingham noted for their strong Ale And further Northward Hartlepool that stands upon a Neck of Land shooting forth into the Sea which surrounds it on all sides except Westward On the Mouth of the River Tine you will find Sheals where the New-Castle Coal-Fleet takes its Cargo A little higher stands Jarrow noted for being the Birth place of the Venerable Beda And over against Newcastle Gateshead or Gateside the Receptacle of those numerous Men that work in the Coal-pits Men that rake their mean Subsistence from the very Bowels of the Earth This County was formerly called St. Cuthberts Patrimony from S. Cuthbert the Raiser of Durham whose Episcopal See was removed hither from Lindisfarn or Holy Island on the Coast of Northumberland A Saint for whom several of the Saxon Kings and after them Canute the Dane had so great a Veneration that upon him and his Successors in that See was all the Country between Tees and Tine conferred by Alfred King of England Which his Donation was confirmed and in part increased by his Successors Edward Athelstan and Canute the Dane So fortified it was with Priviledges and Royal Grants that at the coming in of the Norman Conquerour the Bishop was reputed for a Count Palatine and did ingrave upon his Seal an armed Knight holding a naked Sword in one hand and in the other the Bishops Arms. Nay it was once adjudged in Law that the Bishop was to have all Forfeitures and Escheats within the Liberties as the King had without In short the Bishops hereof had the Royalty of Princes having their own Courts of Judicature both for Civil and Criminal Causes and covning their own Coin But these exorbitant Priviledges and Immunities were in part impaired by a Statute under Henry VIII and altogether with the Lands and whole Rights thereof conferred upon the Crown by Act of Parliament in the last Year of the Reign of Edward VI. To conclude when England was divided into seven Kingdoms this County was Part of that of Northumberland And the Inhabitants of it as well as those of most part of the North besides were called Brigantes by the ancient ●omans Out of it are elected besides the two Knights of the Shire but two Members to serve in Parliament for which Durham has the Right of Election Essex ESSEX another Maritime County has for its Bounds Eastward the German Ocean Westward Hartfordshire and Middlesex Northward the County of Suffolk and Southward the County of Kent This is a pretty large County being in Length about 45 miles in Breadth 36. The Whole divided into 20 Hundreds wherein 45 Parishes and 21 Market-Towns The same is abundantly irrigated both with great and small Rivers For besides the Thames which severs it from Kent the Stower from Suffolk and the Lea from Middlesex here is the Coln the Chelmer the Crouch and the Roding with several others in all which are great plenty of Fish Here the Air is very Temperate but down in the Hundreds towards the Sea-side it is very Aguish The Soil for the most part is good and in some Parts so fruitful that according to the Author of Englands Remarqnes after 3 Years Glebe of Saffron the Land for 18 years more will yield plenty of Barley without any Manuring with Dung or the like and then bear Saffron again One Acre of this Ground which is most in the North Part of the County will yield 80 or 100 weight of moist Saffron in a Year which being dried is valued 2. pound sterling It s chief Commodities besides Saffron as aforesaid are Cloths Stuffs Hops and the best of Oysters Colchester the chief Place of it bears from London North-East and is distant from it 43 miles by common Computation Viz. 10 from London to Rumford 5 more to Burntwood 10 from thence to Chelmsford and to Colchester 18 more A Town of great Antiquity and built as some Authors write by Coilus the British Prince 124 years after Christ's Birth But yet more Remarkable for giving birth to ●ucius Helena and Constantine the first Christian King Empress and Emperour in the World Seated it is upon the Rise of a Hill stretching it self from East to West and watered by the River Coln from whence probably it came to be called Colchester And as it is but 6 miles distant from the Sea so its Situation must needs be upon all accounts both pleasant and commodious 'T is a fair and well-built Town forti●●ed with an old Roman Wall and having six Gates of entrance besides 3 Posterns Towards the East stands an old Castle within the Ruins of a Trench containing about two Acres In short there were in it 14 Parish Churches several of which are now reduced to ruin But it is still a Place of good
the South with Herefordshire It s Length from North to South is about 35 miles its Breadth from East to West 26. The Whole divided into fifteen Hundreds wherein 170 Parishes and 15 Market-Towns Here the Air is counted very wholesom and the Soil as fruitfull both for Corn and Pasture T is well cloathed with Wood and in the Bowels of the Earth are Mines of Iron and Pitcoal in great plenty But towards the West and South Parts the Country is very hilly and mountainous As for fresh Streams no County is better watered than this For besides the Severn which in its crooked and winding Course cuts the Shire in the midst here are the Roden the Terne Clum Rea and Teme In all which are plenty of fresh-Water Fish And as this County is inferiour to none about it either for delight or penty So for the Number of Towns and Castles standing exceeding thick on every side as having formerly been a Frontier-County towards Wales it is far above ' em Shrewsbury the chief Place hereof bears from London North-West and by West and is distant therefrom 124 miles thus Viz. From London to St. Albans 20 and to Dunstable 10 more thence to Stony-Stratford 14 to Towcester 6 and to Daventry 10 more from thence to Covenrry 14 and to Bermingham 14 more then to Dudley 8 to Bridgenorth 12 more from Bridgenorth to Wenlock 6 and from thence to Shrewsbury 10. 'T is seated in the very midst or Center as it were of the County on a pleasant Ascent and on the Banks of the Severn not far from the Place where stood Vriconium out of whose Ruins 't is said to be raised The Severn do's almost incompass it round and that Part of it which is not fenced with it is fortified with a strong Castle built by Roger de Montgomery the first Earl hereof A Town which for neatness of Buildings both publick and private for variety and fineness of Streets for extent and populousness yields to few Cities in England It contains five Parish-Churches two of which viz. St. Marie's and St. Alchmond's are fair Structures and beautify'd with lofty Spires And here are still to be seen the Remains of a stately Abbey founded by the foresaid Earl of Montgomery Besides the natural Strength of this Place it is fenced about with a strong Wall with a Bulwark ranging from the Castle unto and part along the Severn On the East and West there are three Entrances into the Town by two fair Stone-bridges with Gates Towers and Bars and on the North by a Gate over which stands the Castle once exceeding strong Remarkable besides for giving the Title of Earl to the Right Honourable Charles Talbot the present Earl of Shrewsbury In short 't is a well-traded and frequented Town by all sorts of people both English and Welch whose frequent Intercourse brought them to speak both Speeches The principal Trade they drive here is in Cloths Frizes Welch Cottons and some other Commodities this being the common Mart or Empory between England and Wales And here are Weekly 3 Markets Viz. On Wednesdays for Provisions on Thursdays for Welch Cottons c. here sold in great abundance and thence sent to London on Saturdays for all sorts of Provisions The other Market-Towns are Bridgenorth Sat. Newport Sat. Ludlow Mund. Great Wenlock Mund. Oswestree Mund. Ellismeer Tue. Shipton Tue. Drayton Wedn. Wem Thu. Wellington Thu. Stretton Thu. Whitechurch Frid. Bishops Castle Frid. Clebury Among which Ludlow seated in the South Parts of the County upon the Banks of the Teme is the most considerable The Town is large and populous beautified with many fair Edifices It is also defended by a Wall and a Castle both built by Earl Roger of Montgomery But it is of chief note for being the Place where the Court for the Marshes of Wales were kept first ordained by King Henry VIII for the Trial of Causes but suppressed in the late Session of Parliament Bridgenorth or the Borough of Bruges is situate upon the Severn over which there 's a fair Stone-bridge 'T is a good large Town divided into two Parts the one called the Upper the other the Lower Town containing two Parish Churches In former time fortified with Walls a Ditch and a stately Castle seated on a Rock now decay'd Drayton on the River Terne where it severs this County from Staffordshire is a Place of some note for a Battel there fought betwixt the Houses of York and Lancaster Newport lies South of Drayton on a Plain or Flat adjoyning to Staffordshire Great Wenlock in the Road from Worcester to Shrewsbury Bishops Castle in the South Parts not far from the River Clun Wem on the Roden in the North Parts of the County noted for the Title of Baron it lately gave to the Lord Chancellour Jeffreys Oswestree and Ellismore near the Borders of Wales Whitechurch on the Confines of the County near Cheshire At Wenlock in the Time of Richard the Second was found a rich Copper Mine And at Pitchford in this County is a Well or Spring in a private Man's Yard wherein flow's a thick Scum of liquid Bitumen which being cleared and taken off one day will have the like upon it again the next Alderbury though no Market-Town is famed for being the Birth-place of old Thomas Parre who lived to a great Age and about two years before he died was brought up to London to King Charles I. Where he died and lies buried in Westminster Abbey He was born Anno 1483 died in the Year 1635 lived 152 Years and saw ten ●eigns Lastly this County which formerly was Part of the Kingdom of Mercia and its Inhabitants part of the Cornavii as the Romans called them stands now divided betwixt the Dioceses of Lichfield and Hereford Out of it are elected besides the two Knights of the Shire ten Members of Parliament Viz. two out of each of these following Towns Shrewsbury Ludlow Great Wenlock Bridgenorth and Bishops-Castle Somersetshire SOMERSETSHIRE a large Maritime County in the West of England is so called from Somerton once the most famous and most considerable Town in all the County and now but a small Market-Town of little or no credit 'T is bounded on the East by Wiltshire and part of Devonshire on the West by Devonshire Northward by the Severn Sea and part of Glocestershire Southward by the Counties of Devon and Dorset It s Length from East to West is about 55 miles its Breadth from North to South 40. The Whole divided into 42 Hundreds wherein 385 Parishes and 30 Market-Towns The Air of this County in the Summer Season is very agreeable but in Winter-time 't is apt to be too moist and foggy Accordingly the Soil in Winter is wet miry and moorish especially in the midst of the Country which makes the Roads very uneasy to Travellers But in Summer there is no pleasanter Country being garnished as it is with rich Pastures and delightful Meadows Which has given occasion to an usual Proverb here
that Order and Henry III. Anno 1253. commanded Watches to be kept in Cities and Boroughs for the Preservation of Peace and Quietness among his Subjects Therefore there are in the respective Streets of London to this day convenient Stations for the Watchmen who are to examine all Persons walking in unseasonable Hours and to secure till next Day such as are either suspicious or riotous And then they bring them before a Justice of Peace who deals with them according to the Merit of the Cause Thus Murders Robberies Felonies Fires and other Evils are oftentimes prevented which could not be avoided in so great and populous a Place where a great many wicked People ly lurking for Mischief This Duty of Watching is commonly performed by Men hired for that purpose and paid for 't by the Citizens under the Command of a Constable assisted by the Eeadle of the Parish In case of a publick Riot the King usually sends a Party of his Gards to suppress it and if occasion requires part of the Militia is raised But to draw to a Conclusion if we cast our Eyes upon the vast Traffick and Commerce whereby this Place is become so flourishing it will every where afford matter of Admiration The same does plainly appear by the Customs yearly paid for all Merchandise Imported and Exported by the great Wealth of many Citizens by the infinite Number of Shops both in the City and Suburbs for the Retailing Trade and lastly by the incredible Abundance of Apprentices which are here brought up to all manner of Trades The Customs for this City alone tho' very moderate in comparison of most other Places in Europe did lately amount to near 400000 l. a Year The Wealth of the Citizens so vast that some of 'em for great Estates in Mony c. excel some Princes beyond Sea and live accordingly in great state and plenty few so penuriously as most of the Dutch Merchants do The Number of Shops both in the City and Suburbs so great and indeed so far beyond that of any forei● City that it is to Strangers a just Matter of Amazement Proportionable to which is That of the Apprentices reckoned to be at least forty thousand Now this great Trade of the Londoners runs into three several Streams 1. among themselves 2 in the Country and 3 beyond Sea of which in my second Part. Only I shall observe here that the vast Trade of this Place has chiefly occasioned that great Appearance in it of Pictures in the Air a Thing taken particular notice of at the first view by Strangers I mean the Multitude of Signs which hang before the Houses many of them very rich and costly and all together yielding a fine Prospect But on the other side its frequent Dirt in Winter and Dust in Summer are two such Nusances as take off very much from the Glory of it And yet both of them might with ease be Remedied and will I hope in time For in point of Cleanness few Towns are better Seated than London is standing upon an easy Ascent from the River And the Allowance for it from each House-keeper is so considerable that one would think it enough to keep it cleaner than it is But the Truth is there 's a sort of Chymists that can extract Gold out of Dirt. And I conjecture the less Care has been taken to take off that Reproach from so noble a City because of the two great Conveniences it has to go free from the Dirt from one End of it to the other that is by Land in Coaches and by Water in Boats Besides that the principal Streets and most of the New Buildings are paved a good convenient Breadth on each side with smooth hewn Stone for the benefit of Foot-Passengers Which is a great Commodiousness as well as an Ornament I conclude as to Loudon with three notable Conveniencies it has not elsewhere to be found Viz. the New Lights the Peny-Post and the Insurance-Office for Houses in case of Fire The New Lights is so ingenious and usefull an Invention that Mr. Edmund Heming the Inventor deserves an immortal Praise for it He brought it to light about 6 Years ago with a Patent from King Charles II for the Injoyment of the Profits thereof And such is the Reflexion of these Lights tho' at a good distance from each other that few of them serve to light a whole Street in the Night better than ten times the Number of Glass Lanthorns For by the regular Position of one of them before the Front of every tenth House on each side of a broad Street there is such a mutual Reflection that they all seem to be but one great solar Light And so cheap is this Conveniency that for five Shillings down and five Shillings a Year for five Years to be paid at two Quarterly Payments the Inventor obliges himself to light the Front of ones House from Michaelmas to Lady Day every Night from six to twelve beginning the third Night after every Full-Moon and ending the sixth Night after every New Moon which is in all 120 Nights The Peny-Post is such a Contrivance that for one Peny a Letter or Parcel not exceeding one pound Weight or ten pounds in value is presently conveyed from all Parts of the Town and Suburbs to the remotest Places thereof And it has been so far improved since the first settling of it as to reath ten miles about London He that sends pays the Peny ●nd when the Letter or Parcel goes beyond the Bounds of the Weekly Bills of Mortality the Receiver pays another Peny To carry on this usefull Design first there are about the Town four or five hundred Houses to take in Letters and Parcels And to convey them according to their Directions there are about 100 messengers imployed from Morning to Night to call every Hour at the said Houses and take what Letters and Parcels they find there Who carry the same to their respective Offices from whence the Letters and Parcels are dispatched away according to their Directions The Offices are six in Number Viz. The General Office St. Paul's Office The Temple Office Westminster Office Soutwark Office The Hermitage Office The General Office is in Star-Court in Cornhill and has 3 Clerks belonging to it whereas the rest have but two Clerks each The whole Concern is managed in chief by three Persons a Comptroller an Accomptant and a Receiver Every one of the Messengers imployed in the bringing in and carrying out of Letters gives 50 l. Security by Bond to the Office for his Fidelity And for this Contrivance the Publick is indebted to that ingenious Citizen of London Mr. William Dockwrea who settled it some Years since not without much trouble and cost But the late King when Duke of York sued him for the lame as his Right and carried it from the Inventor So that the Benefit of it is now inherent in the Crown The Insurance Office for Houses in case of Fire is also an
Parliament dispenses with that Act. Neither can any be legally chosen that is not of full Age that is 21 Years old at least And reason good for if no Man under that Age can dispose of his Estate much less should he have any share in the supream Power of the Nation to judge vote or dispose of the Estate of the Realm Yet the Practice in the House of Commons has often been otherwise in the House of Lords but seldom Whoever stands to be Elected must be a Native Englishman or at least must be Naturalized by Act of Parliament No Alien Denizated ought to sit here None of the Judges can be chosen that sit in the Bench Common Pleas or Exchequer because they are Assistants in the Lords House But any that have Judicial Places in other Courts Ecclesiastical or Civil being no Lords of Parliament are Eligible No Sheriff nor Clergy-man can be chosen a Member of Parliament Not the first because his personal Attendance is required within his Bayliwick during the time of his Sheriffalty Nor the last because he is of another Body viz. the Convocation and the Clergy of the Convocation-House are no Part or Member of the Parliament A Man attainted of Treason or Felony c. is not Eligible For he ought to be magis idon●us discretus sufficiens But a Person Outlawed in a Personal Cause may be a Burgess And tho the Common Law do's disinable the Party yet the Priviledge of the House being urged prevails over the Law Anciently the Elected Members had a competent Allowance from the respective County City or Borough for which they served in Parliament A Knight of the Shire was allowed 4 shill and a Citizen or Burgess 2 shill a Day which in those Days was a considerable Sum. But then the Sessions were but short sometimes but eight Days sometimes less seldom above three or four Weeks and yet during that short space of time several great and weighty Affairs were dispatched Which as some think were prepared to their hand by the King and Council as it is now practised in Sweden by the 40 Counsellors of State and in Scotland by the Lords of the Articles And if they did only debate upon such Things as the King did propose a little Time might serve well enough to do it But it do's not appear to be so by what passed Feb. 9. 1597 39 Eliz. When the Queen gave her Royal Assent to 24 publick and 19 private Bills but refused 48 Bills more which had passed both Houses Certain it is that there was less Canvassing and more Plainness in those Days than there is at present The Place of Meeting for this honourable Assembly is in whatsoever City Town or House the King pleases But of latter times it has been ufually at the Kings ancient Palace at Westminster the Lords in a Room by themselves and the Commons not far from them in another Room which formerly was S. Stephens Chappel When the Day prefixt by the King in his Writs of Summons is come His Majesty usually comes in person to the House of Lords cloathed with his Royal Robes the Crown upon his head and the Sword of State before Him At the upper end of the Room is placed a Chair of State under a Canopy upon which His Majesty sits Then all the Temporal Peers appear in their Scarlet Robes every one according to his Degree and the Spiritual Lords in their Episcopal Habit which they do all the Sessions On the Kings right hand next the Wall are placed on a Form the two Arch-Bishops next below on another Form the Bishops of London Durham and Winchester then upon other Forms on the same side all the rest of the Bishops sit according to the priority of their Consecration The Lord Chancellor or Keeper when there is one stands behind the Cloth of State or fits on the first Wool-sack before the Chair of State with his Great Seal and Mace by him On the Kings left hand are placed the Treasurer President of the Council and Lord Privy Seal of they be Barons above all Dukes but those of the Royal Family if not Barons then they sit uppermost on the Wool-sacks And on the same side sit the Dukes Marquesses or Earls according to their Creation Cross the House below the Wool-sacks the first Form is that which the Viscounts sit upon and upon the next Forms the Barons all in order The King being thus seated in his Throne with this noble Appearance of the Peers of the Realm all standing uncovered his Majesty sends for the Commons from their Room where they are assembled Who being come at least part of them stand at the Bar of the Lords House Whereupon the King makes a short Speech to both Houses concerning such Matters as He thinks fit to lay before them for the Good of the Kingdom Amongst which that of a Supply of Mony is most commonly one in order to answer the extraordinary Charges of the Crown The King having ended his Speech the Chancellor or Lord Keeper did formerly use by the Kings Appointment to inlarge upon it with all the Rhetorick and Logick the Matter could bear to dispose both Houses to a Compliance with the King But His present Majesty has declined that Method and being a Prince of few Words gains more upon rational Men by his concise and plain Way of Delivery as the more agreeable to a true generous Nature than perhaps he might with all the Windings and Turnings of artificial Rhetorick Then the Speaker of the House of Lords commands in the Kings Name the Commons to assemble in their House there to chuse one of their Members for their Speaker and to present him such a Day to His Majesty Upon which the King withdraws and the Commons presently re-assemble themselves in the Lower House in order to chuse one of their Members for Speaker Sometimes as in the last Session the Speaker is chosen by the Kings Command before fore His Majesty delivers his Speech to both Houses of Parliament After the Speaker is chosen and the Choice approved by the King His Majesty leaves both Houses to their private Debates upon the Subject of his Speech and do's no more appear amongst them that Session in his Royal Robes except upon the passing of any Act or at the Close of the Session whether it be by Adjournment Prorogation or Dissolution 'T is true upon any extraordinary Debate in the House of Lords 't is customary with the Kings of England to assist at the same not to argue upon it or to influence the House one way or other but only to hear the Arguments of the House upon the Matter in Debate But then the King appears without his Crown and Robes and every Peer sits except when he speaks to the House as if the King were not there The House of Lords otherwise called the House of Peers or the Vpper House consists of 189 Members Viz. 163 Temporal Lords whereof 14 Dukes 3 Marquesses
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 ●t yet they could never effect it For the ●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 ●he highest Court of Judicature consisting of ●ll the Lords Spiritual and Temporal as Judges ●sisted with the most eminent Lawyers both 〈◊〉 Common and Civil Law And from this Court there lies no Appeal only the cause or ●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