and frequented and enjoying a good Trade It has two Markets a Week viz. Wednesdays and Saturdays which are very great for Corn and Cattle and well served with all Provisions And for Divine Worship here are twelve Parish-Churches besides the Cathedral a fine piece of Architecture noted amongst other things for its Whispering Place which is in an Arch of the Quire but chiefly for being the Burying-place of Lucius the first Christian King and of the unfortunate King Edward II. who at Barkley-Castle was barbarously murdered by the Cruelty of Isabel his Wife Lastly this City is both a Bishops See and a County of it self being made a County by King Richard III once Duke of Glocester And as it has the advantage of denominating so rich a Country as this so it has been often dignified with the Title of a Dukedom sometimes that of an Earldom in those eminent Persons who in their several Times and Ages have been either Dukes or Earls of Glocester The Number of 'em is too great for me to produce 'em all here Therefore I shall only say that the last Duke of Glocester was Henry the third Son of King Charles I declared by his Royal Father Duke of Glocester and Earl of Cambridge and so Intituled Anno 1641 but not so created till the Year 1659. He lived to see the Restauration of the Royal Family and died the same Year it hapned viz. Sept. 13. 1660. With him the Title has lain dormant till it was lately revived in the person of the young Prince William the Son of the Illustrious Prince George of Denmark Nigh to this City is Alney-Isle so made by the Severn In which Edmund Ironside King of the English Saxons and Canute the Dane after many Conflicts and bloody Battels fought a single Combat hand to hand for the Crown of England The Issue of which was that they agreed to part the Kingdom which they joyntly governed till Treason took away the Life of King Edmund and left Canute sole Monarch of England At Lassington a mile from Glocester is found a sort of Stone called the Star-Stone being about the breadth of a Silver Peny and the thickness of a Half-crown These Stones are flat and like a Star five-pointed of a grayish colour and on the flat sides naturally ingraven in fine Works as one Mullet within another The other Market-Towns besides Glocester it self are Bristol Sat. and Wedn. Tewksbury Sat. Winchcomb Sat. Leonards Stanley Sat. Thornbury Sat. Wickware Mun. Dean Magna Mun. Cirencester Mun. Frid. Panswick Tue. Horton Tue. Minching-hampton Tue. Marshfield Tue. Letchlade Tue. Campden Wedn. Blackley Wedn. Tedbury Wedn. Stow on the Wold Thu. Cheltenham Thu. Dursbey Thu. Chipping Sudbury Thu. Fairford Thu. Stroud Frid. Wotton Frid. Newent Frid. Newham Frid. Amongst which Bristol being not only the greatest Place of Trade in England next to London but also a Bishops See and a County of it self deserves a particular Description It is both pleasantly and commodiously seated at the fall of the Frome into the Avon which five Miles from thence empties it self into the Severn By this River the City is divided into two Parts the chief Part in Glocestershire and the other in Somersetshire but with the conveniency of Communication by means of a fair Stone Bridge Which like London Bridge is so covered with Houses that it looks more like a Street than a Bridge Its Streets are neatly ordered and set out with many fine Edifices Among which may be reckoned the Cathedral and most of the Parish Churches which are 18 in Number The City is begirt with a Wall besides other Fortifications At the East end of it stood a Castle wherein King Stephen was kept a Prisoner by Maud the Empress But it was demolished by Oliver Cromwel and is now built into Streets called Castle-street and Castle-Green But that which has chiefly made Bristol so considerable is the goodness of its Port. The principal Key whereof stands on the Frome which at Spring-Tides does flow about 40 Foot and so brings Ships in of a great Burden Thus Bristol by its Commodiousness for Shipping is become a Place of great Resort both for Merchants and Tradesmen those driving a great Trade to most Parts of the Known World these a Home-Trade especially to Wales to Shropshire and other Counties About Bristol is great store of Coals also a sort of Precious Stone called from thence Bristol-Stones taken out of S. Vincents Rock At the bottom whereof is a hot Well of a Medicinal nature Lastly though Bristol stands partly as I said before in this County and partly in Somersetshire yet as it is a County of it self it yields Obedience to neither And considering its Beauty Trade Riches Extent and Populousness it may be counted the chief Place in England next to London 'T is but about 150 Years since this Town came to he a Bishops See this being one of the six new Sees erected by Henry VIII by virtue of an Act of Parliament made in order to it But it is less since it became a Title of Nobility which was not till King James I. conferred the Honour of Earl of Bristol upon John Lord Digby of Sherburn Anno 1622. From him devolved by his Death to his Son George in the Year 1650 and from him to the Right Hononrable John Digby the present Earl of Bristol Cirencester commonly pronounced Circester is seated on the River Churn over which it has a Bridge It has been a Place of great account in the time of the Romans and without insisting upon the Roman Coyns Checker-work Pavements and engraven Marble Stones that have oft been digged up here it s very ruinous Walls still to be seen and about 2 Miles in Circuit are a sufficient proof of its former Greatness This City was taken from the Britains by the West-Saxons and afterwards possessed by the Mercians till laid in Ashes by a Stratagem of the merciless Danes in tying fire to the Wings of Sparrows from whence it came to be called the Sparrows City Since which Desolation it could never recover it self to any thing beyond the Name of a good Borough Town Tewksbury is a goodly Town situate at the fall of the North-Avon into the Severn and watered besides with two Rivulets A Town of good account for making of Woollen Cloth and for the best Mustard in the Kingdom as Dijon is in France But most of all memorable for the Battel fought here Anno 1471. between King Henry VI. and his immediate Successor Edward IV that is between the House of Lancaster and York where the Lancastrians were intirely defeated and the young Prince Edward the only Son of King Henry slain Stroud situate on the River so called is a well-built Town whose Houses for the most part are of Stone It has a Bridge over the River on the Banks of which are placed abundance of fulling Mills Here they die Scarlet the Stroud Water having a peculiar quality to give the right Tincture Near the
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
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
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
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
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's