and that by reason of their Honourable Order and Employment and also to all Bannerets made under the Kings Banner or Standard displayed in an Army Royal in open War and the King personally present Note also That if any of the Degrees of Nobility above-mentioned are descended of the Blood Royal they are to have place of all those of the same Degree with them Moreover Observe that all the Nobles of the same Degree take place according to the Seniority of their Creation There are certain Marks of State that belong to each Degree amongst the Nobility which they may practise or not practise at pleasure A Duke may have in all places out of the Kings presence a Cloth of Estate hanging down within half a yard of the ground so may his Dutchess and her Train born up by a Baron and no Earl to wash with a Duke without the Dukes pleasure A Marquiss may have a Cloth of Estate reaching within a yard of the ground and that in all places out of the presence of the King or a Duke and his Marchioness to have her Train born by a Knights Wife and no Vicount to wash with a Marquiss but at his pleasure An Earl also may have a Cloth of Estate without Pendants but only Fringe and a Countess may have her Train born by a Gentlewoman out of the presence of her Superiours and in their presence by a Gentleman A Vicount may have a Cover of Assay holden under his Cup while he drinks but no Assay taken as Dukes Marquisses and Earls may have And a Vicountess may have her Gown born up by a Woman out of the presence of her Superiours and in their presence by a Man A Baron may also have the Cover of his Cup holden underneath whilst he drinketh and a Baroness may have her Gown born up by a man in the presence of a Vicountess All Dukes eldest Sons be as Earls and the younger as Lords with the addition of their Christian Names as Lord Thomas Lord John c. A Dukes eldest Son of the Blood Royal shall take place of a Marquiss that is not and of an Earl that is of the Blood Royal. A Marquisses eldest Son is called Lord of a place and the younger Sons Lord Thomas Lord John c. A Marquisses eldest Son of the Blood Royal shall go before an Earl that is not and of a Vicount that is of the Blood Royal. An Earls eldest Son is called Lord of a place and all his Daughters Ladies but his younger Sons not Lords An Earls eldest Son of the Blood Royal takes place of a Vicount that is not and of a Lord that is of the Blood Royal. A Vicounts eldest Son is no Lord nor his Daughters Ladies and therefore the eldest Son and the eldest Daughter of the first Vicount of England is said to be the first Gentleman and Gentlewoman without Title in England A Vicounts eldest Son of the Blood Royal takes place of all Barons The Princes of the Blood the Great Officers of the Realm and the Bishops are to precede according to an Act of Parliament 31 H. 8. The Lord Chancellour Lord Treasurer Lord President of the Kings Council Lord Privy Seal These being Barons or above shall in Parliament sit above all Dukes except the Son Brother Grand-Child or Nephew of the King The Lord High Steward of England is not here named because it was intended that he should not continue beyond the occasion for which he should be made Next hath place the Lord Great Chamberlain of England then the Lord High Constable the Earl Marshal the Lord High Admiral Lord Steward of the Kings Houshold Lord Chamberlain of the Kings Houshold These shall sit after the Lord Privy Seal above all of their Degree only And if the Kings Principal Secretary be a Baron he takes place of all Barons that are not of the Offices before mentioned but if he be a Vicount or higher Degree he shall take place only according to his Degree Also if the Kings Secretary be a Bishop as antiently was usual he takes place next to the Bishop of Winchester of all other Bishops that have none of the Offices aforesaid All Dukes Marquisses Earls Vicounts and Barons not having any of the said Offices shall take place according to the antiently of their Creation All Dukes eldest Sons have the Title of Earls and the eldest Son of an Earl hath the Title of the Earls Barony and sometimes of the Vicountry according to the Patent A Catalogue of the Peers of England according to their Precedence Dukes of the Royal Blood JAMES Duke of York and Albany Earl of Ulster Lord High Admiral of England the Kings only Brother Rupert Duke of Cumberland and Earl of Holderness Edgar Duke of Cambridge The Lord Chancellour or Lord Keeper of the Great Seal the Lord Treasurer and the Lord Privy Seal take place before all Dukes not of the Blood Royal. Dukes Thomas Howard Duke of Norfolk William Seymour Duke of Somerset George Villars Duke of Buckingham Charles Stuart Duke of Richmond George Monk Duke of Albemarle James Scot Duke of Monmouth William Cavendish Duke of Newcastle Marquisses John Pawlet Marquiss of Winchester Edward Somerset Marquiss of Worcester Henry Pierrepont Marquiss of Dorchester Earls These three take place in respect of their Offices Bertue Earl of Lindsay Lord High Chamberlain of England James Butler Earl of Brecknock Lord Steward of the Kings Houshold Edward Montague Earl of Manchester Lord Chamberlain of the Kings Houshold Earls Awbrey de Vere Earl of Oxford Algernon Percy Earl of Northumberland Francis Talbot Earl of Shrewsbury Anthony Grey Earl of Kent Charles Stanley Earl of Derby John Mannours Earl of Rutland Theophilus Hastings Earl of Huntingdon William Russel Earl of Bedford Philip Herbert Earl of Pembroke Theophilus Clinton Earl of Lincoln Charles Howard Earl of Nottingham James Howard Earl of Suffolk Richard Sacvile Earl of Dorset William Cecil Earl of Salisbury John Cecil Earl of Exeter John Edgerton Earl of Bridgewater Robert Sydney Earl of Leicester James Compton Earl of Northampton Charles Rich Earl of Warwick William Cavendish Earl of Devonshire Basil Fielding Earl of Denbigh George Digby Earl of Bristol Lionel Cranfield Earl of Middlesex Henry Rich Earl of Holland John Hollis Earl of Clare Oliver St. John Earl of Bullingbroke Mildmay Fane Earl of Westmorland Montague Earl of Manchester Thomas Howard Earl of Berkshire Thomas Wentworth Earl of Cleveland Edward Sheffield Earl of Mulgrave Thomas Savage Earl Rivers Bertue Earl of Lindsay Nicolas Knowles Earl of Banbury Henry Cary Earl of Dover Henry Mordant Earl of Peterborough Henry Grey Earl of Stamford Henage Finch Earl of Winchelsey Charles Dormer Earl of Caernarvon Montjoy Blunt Earl of Newport Philip Stanhop Earl of Chesterfield John Tufton Earl of Thanet William Wentworth Earl of Strafford Robert Spenser Earl of Sunderland James Savil Earl of Sussex George Goring Earl of Norwich Nicholas Leak Earl of Scarsdale John
is no where else produced in that abundance and excellency as in England Beside there is in England great plenty of excellent Leather for all sorts of uses nor wants it Hemp and Flax at least not ground fit to produce them For Building it wants not Timber nor Iron Stone nor Slate Brick nor Tiles Marble nor Alablaster Mortar nor Lime c. Lead nor Glass For Firing either Wood Sea-Coal or Pit-Coal almost every where to be had at reasonable rates For Shipping no where better Oak no where such Knee Timber as they call it or Iron to make serviceable and durable Guns For War for Coach for Highway and Hunting no where such plenty of Horses also for Plow Cart and Carriages insomuch as Mules and Asses so generally made use of in France Italy and Spain are utterly despised in England Moreover England produceth besides a mighty quantity of Tinne Lead and Iron some Brass Copperas Allome Salt Saffron and divers other beneficial Commodities it wants not Mines of Silver yielding more in their small quantities of Ore and so richer than those of Poâ—osi in the West Indies whence the King of Spain hath most of his Silver those yielding usually but one Ounce and a half of Silver in one hundred Ounces of Ore whereas these in Wales Cornwall Lancashire and the Bishoprick of Durham yield ordinarily 6 or 8 Ounces per Cent. â—ut these lying deep are hard â—o come unto and Workmen â—ear which is otherwise in Poâ—osi Vineyards have been heretoâ—ore common in most of the â—outhern and Middle Parts of England and Silks might be â—ere produced as it was once â—esigned by King James but a great part of the Natives prone to Navigation supplying England at a very cheap rate with all sorts of Wine Silks and all other Forreign Commodities it hath been found far better Husbandry to employ English Ground rather for producing Wooll Corn and Cattle for which it is most proper In a word though some Countries excel England in some things yet in general there is no one Countrey under Heaven whose Aire is better stored with Birds and Fowls Seas and Rivers with Fishes Fields with all sorts of â—orn the Pastures with Cattel the Forests Parks and Woods with Wild Beasts onely for Recreation and Food the Mines with Metals Coals and other Minerals where are fewer ravenous and hurtful Beasts fewer venemous Serpents or noisome Flies fewer Droughts Inundations or Dearths fewer Unwholsom Serenes Pestilential Aires Tempestuous Hurricanes or Destructive Earthquakes lastly where there is a greater abundance of all things necessary for mans life and more especially for all kind of Food insomuch that it hath been judged that there is yearly as much Flesh and Beer consumed in England by over plentiful Tables as would well serve three times the number of People Add to all this that being encompassed with the Sea and well furnisht with Ships and abundance of Commodious and excellent Havens and Ports it excels for safety and security which is no small praise all the Neighbouring Countries if not all the Countries in the World It hath been possest by five several Nations and coveted by many more and no wonder so fair and rich a Lady should have many Lovers it being a Countrey as was said of the Tree in the midst of Paradise good for food pleasant to the eyes and to be desired whereas Scotland Wales Biscay Switzerland and other like Countries continue still in the possession of their Aborigines of the first that laid claim unto them none since judging it worth their pains to dispossesse them The first Inhabitants of England are believed to be the Britains descended from the â—auls subdued afterward by â—he Romans who by reason of â—â—eir troubles nearer home â—ere constrained to abandon this Countrey about 400 years afâ—er Christ whereupon the Picts â—ahabitants of Scotland invaâ—â—ng the Britains they call to â—â—eir aid the Saxons who chaâ—ng away the Picts soon made themselves Masters of the Britains but these not able to enâ—ure the heavy yoke of the â—axons after many Battels and Attempts to recover their lost Liberties and Countrey retired â—r were driven most of them â—nto the two utmost Western â—arren and mountainous parts of this Countrey called afterwards by the Saxons Walishland instead of Gaulishland as the Germans still call Italy Walishland because inhabited by the Cisalpine Gauls and the French call our Countrey of Britains Le Pais de Gales The Saxons solely possest of all the best part of this Isle were for a long time infested and for some time almost subdued by the Danes and afterwards wholly by the Normans who drave not out the Saxons but mixed with them so that the English blood at this day is a mixture chiefly of Normaâ— and Saxon not without 〈◊〉 tincture of Danish Romish and Britain Blood The English Tongue being aâ— present much refined exceedingly copious expressive and significant by reason of a liberty taken by the Natives of borrowing out of all other Languages whatever might conduce thereunto is as their blood a mixture chiefly of the Old Saxon a Dialect of the Teutonick and the Old Norman a Dialect of the French not without some savour of the Britains Romans and Danes Languages The Romans possessing England caused their Tongue the Latine once to be generally used in this Countrey The Saxons succeeding introduced their Language wheresoever they seated themselves The Normans afterwards getting possession of England caused the Norman or French Tongue to be learnt at School by the Saxons and for a long time had all Lawes Pleadings Sermons c. in French The Latine Tongue at present is made use of in Court Rolls Processes of Courts in Charters Commissions Patents Writs Bonds c. The Names of all Shires Cities Towns and Villages Places and Men in England are generally Saxon and so are most Nouns Appellative and a great part of the Verbs In French or rather Norman are still written the Common Laws and learnt by young Students thereof Also some Pleadings and all Mootes and Law Exercises are wholly French In Parliaments the King doth in French signifie his assent or dissent to all Bills The Natives of England by reason of the Temperate Climat Mild Aire not rendred unequal by high Mountains nor unhealthy by many Marshes plenty of wholsome food and the use of Beer rather than Wine pour la belle taille le beau teinct au visage as the French say for a just handsome large proportion of body for clear complexions and pleasing features do surpasse all the Nations of the World The English are generally great Flesh-eaters although by the nearness of the Sea and abundance of Rivers and Fish-ponds there is no want of Fish In former times their Table was in many places covered four times a day they had Breakfasts Dinners Beverages and Suppers and every where set Dinners and Suppers until in the late troubles wherein many eminent families were much impoverisht a
the Nobility or Bishops is made choice of by the Three States assembled in the name of the Infant King who by Nature or Alliance hath most Interest in the preservation of the Life and Authority of the Infant and to whom least benefit can accrue by his Death or Diminution as the Uncle by the Mothers side if the Crown come by the Father and so vice versa is made Protector so during the minority of Edward 6. his Uncle by the Mothers side the Duke of Somerset had the tuition of him and was called Protector and when this Rule hath not been observed as in the minority of Edw. 5. it hath proved of ill consequence If the King of England be Non compos mentis or by reason of an incurable disease weakness or old age become uncapable of governing then is made a Regent Protector or Guardian to govern King Edward 3. being at last aged sick and weak and by grief for the death of the Black Prince sore broken in body and mind did of his own will create his fourth Son John Duke of Lancaster Guardian or Regent of England If the King be absent upon any Foreign Expedition or otherwise which antiently was very usual the Custom was to constitute a Vice-gerent by Commission under the Great Seal giving him several Titles and Powers according as the necessity of affairs have required sometimes he hath been called Lord Warden or Lord of the Kingdom and therewith hath had the general power of a King as was practised during the Absence of Edward the First Second and Third and of Henry 5. but Henry 6. to the Title of Warden or Guardian added the Stile of Protector of the Kingdom and of the Church of England and gave him so great power in his absence that he was tantum non Rex swaying the Scepter but not wearing the Crown executing Laws summoning Parliaments under his own Teste as King and giving his assent to Bills in Parliament whereby they became as binding as any other Acts. Sometimes during the Kings Absence the Kingdom hath been committed to the care of several Noblemen and sometime of Bishops as less dangerous for attempting any usurpation of the Crown sometimes to one Bishop as Hubert Archbishop of Canterbury was Viceroy of England for many years and when Edward 3. was in Flanders though his Son then but nine years old had the Name of Protector John Stafford Archbishop of Canterbury was Governour both of the Kings Son and of the Realm Lastly Sometimes to the Queen as two several times during the absence of Henry 8. in France Of the QUEEN of ENGLAND THe Queen so called from the Saxon Konigin whereof the last syllable is pronounced as gheen in English it being not unusual to cut off the first Syllables as an Almes-House is sometimes called a Spital from Hospital She hath as high Prerogatives Dignity and State during the life of the King as any Queen of Europe From the Saxon times the Queen Consort of England though she be an Alien born and though during the life of the King she be femme covert as our Law speaks yet without any Act of Parliament for Naturalization or Letters Paâ—ents for Denization she may purchase Lands in Feesimple make Leases and Grants in her own Name without the King hath power to give to sue to contract as a femme sole may receive by gift from her Husband which no other femme â—overt may do Had anciently a Revenue of Queen Gold or Aurum Reginae as the Records call it which was the tenth part of so much as by the Name of Oblata upon Pardons Gifts and Grants c. came to the King Of later times hath had as large a Dower as any Queen in Christendome hath her Royal Court apart her Courts and Officers c. The Queen may not be impleaded till first petitioned shall not be amerced if she be nonsuited as all other Subjects are if she be Plaintiff the Summons in the Process need not have the solemnity of 15 dayes c. Is reputed the Second Person in the Kingdom The Law setteth so high a value upon her as to make it High Treason to conspire her death or to violate her Chastity Her Officers as Attourney and Sollicitor for the Queens sake have respect above others and place within the Barre with the Kings Council The like honour the like reverence and respect that is due to the King is exhibited to the Queen both by Subjects and Foreigners and also to the Queen Dowager or Widdow Queen who also above other Subjects loseth not her Dignity though she should marry a private Gentleman so Queen Katharine Widdow to King Henry the Fifth being married to Owen ap Theodore Esquire did maintain her Action as Queen of England much less doth a Queen by inheritance or a Queen Soveraign of England follow her Husbands condition nor is subject as other Queens but Soveraign to her own Husband as Queen Mary was to King Philip. Of the SONS and DAUGHTERS of ENGLAND THe Children of the King of England are called the Sons and Daughters of England because all the subjects of England have a special interest in them though the whole power of Education Marriage and disposing of them is only in the King The Eldest Son of the King is born Duke of Cornwall and as to that Dutchy and all the Lands Honours Rents and great Revenues belonging thereunto he is upon his Birth-day persumed and by law taken to be of full age so that he may that day sue for the Livery of the said Dukedom and ought of right to obtain the same as if he had been full 21 years of age Afterwards he is created Prince of Wales whose Investiture is performed by the Imposition of a Cap of Estate and Coronet on his Head as a Token of Principality and putting into his Hand a Verge of Gold the Emblem of Government and a Ring of Gold on hs Finger to intimate that he must be a Husband to his Countrey and Father to her Children Also to him is given and granted Letters Patents to hold the said Principality to him and his Heirs Kings of England by which words the separation of this Principality is prohibited From the day of his Birth he is commonly stiled the Prince a Title in England given to no other Subject The Title of Prince of Wales is ancient and was first given by King Edward 1. to his Eldest Son for the Welsh Nation till that time unwilling to submit to the yoke of strangers that King so ordered that his Queen was delivered of her first Child in Caernarvan Castle in Wales and then demanded of the Welsh If they would be content to subject themselves to one of their own Nation that could not speak one word of English and against whose life they could take no just exception Whereunto they readily consenting the King nominated this his new born Son and afterwards created
French Nation began to take Surnames with de prefixt as at this day is their usual manner The English also took to themselves Surnames but not generally by the Common People till the Raign of Edw. 2. At first for Surnames the English Gentry took the Name of their Birth-place or Habitation as Thomas of Aston or East-Town John of Sutton or South-Town and as they altered their Habitation so they altered their Surname After when they became Lords of places they called themselves Thomas Aston of Aston John Sutton of Sutton The Common People for Surnames added their Fathers Name with Son at the end thereof as Thomas Johnson Robert Richardson They also oft took their Fathers Nick Name or abbreviation with addition of s as Gibs the Nick Name or abbreviation of Gilbert Hobs of Robert Nicks of Nicholas Bates of Bartholomew Sams of Samuel and thence also Gibson Hobson Nickson Batson Samson c. Many also were surnamed from their Trade as Smith Joyner Weaver c. Or from their Office as Porter Steward Sheepheard Carter or from their Place of Abode as Atwood Atwell Athill which since are shrunk into Wood Wells Hill The Normans at their first coming into England brought Surnames for many of their Gentry with de prefixt as the French Gentry doth generally at this day and their Christian Names were generally German they being originally descended from a part of North Germany And some for about 200 years after the Conquest took for Surname their Fathers Christian Name with Fitz or Fils prefixt as Robert Fitz-William Henry Fitz-Gerard c. The Britains or Welsh more lately civilized did not take Surnames till of late years and that for the most part only by leaving out a in ap and annexing the p to their Fathers Christian Name as instead of Evan ap Rice now Evan Price so instead of ap Howel Powel ap Hughe Pughe ap Rogers Progers c. The most ancient Families and of best account for Surnames in England are either those that are taken from Places in Normandy and thereabouts in France and from some other Transmarine Countries or else from Places in England and Scotland as Devereux Seymour Nevile Montague Mohun Biron Bruges Clifford Berkley Darcy Stourton c. which antiently had all de prefixt but of later times generally neglected Of the Government of ENGLAND in general OF Governments there can be but three Kinds for either One or More or All must have the Soveragn Power of a Nation If One then it is a Monarchy If More that is an Assembly of Choice Persons then it is an Aristocracy If All that is the General Assembly of the People then it is a Democracy Of all Governments the Monarchical as most resembling the Divinity and nearest approaching to perfection unity being the perfection of all things hath ever been estemed the most excellent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Transgressions of a Land many are the Princes or Rulers thereof Prov. 28. 2. Of Monarchies some are Despotical where the Subjects like Servants are at the Arbitrary Power and Will of their Soveraign as the Turks and Barbarians Others Political or Paternal where the Subject like Children under a Father are governed by equal and just Laws consented and sworn unto by the King as is done by all Christian Princes at their Coronations Of Paternal Monarchies some are Hereditary where the Crown descends either only to Heirs Male as in France or next of Blood as in Spain England c. Others Elective where upon the death of every Prince without respect had to the Heirs or next of Blood another by Solemn Election is appointed to succeed as in Poland and Hungary and till of late in Denmark and Bohemia Of Hereditary Paternal Monarchies some are dependent and holden of Earthly Potentates and are obliged to do Homage for the same as the Kingdoms of Scotland and Man that held in Capite of the Crown of England and the Kingdome of Naples holden of the Pope others independent holden only of God acknowledging no other Superiour upon Earth England is an Hereditary Paternal Monarchy governed by one Supreme Independent and Undeposable Head according to the known Laws and Customs of the Kingdom It is a Free Monarchy challenging above many other European Kingdoms a freedom from all Subjection to the Emperour or Laws of the Empire for that the Roman Emperours obtaining antiently the Dominion of this Land by force of Arms and afterwards abandoning the same the Right by the Law of Nations returned to the former Owners pro derelicto as Civilians speak It is a Monarchy free from all manner of Subjection to the Bishop of Rome and thereby from divers inconveniencies and burdens under which the neighbouring Kingdoms groan as Appeals to Rome in sundry Ecclesiastical Suits Provisions and Dispensations in several cases to be procured from thence many Tributes and Taxes paid to that Bishop c. It is a Monarchy free from all Interregnum and with it from many mischiefs whereunto Elective Kingdoms are subject England is such a Monarchy as that by the necessary subordinate Concurrence of the Lords and Commons in the making and repealing all Statutes or Acts of Parliament it hath the main advantages of an Aristocracy and of a Democracy and yet free from the disadvantages and evils of either It is such a Monarchy as by a most admirable temperament affords very much to the Industry Liberty and Happiness of the Subject and yet reserves enough for the Majesty and Prerogative of any King that will own his people as Subjects not as Slaves It is a Kingdom that of all the Kingdoms of the World is most like the Kingdom of Jesus Christs whose yoke is easie whose burden is light It is a Monarchy that without interruption hath been continued almost 1000 years and till of late without any attempts of change of that Government so that to this sort of Government the English seem to be naturally inclined and therefore during the late Bouleversations or over-turnings when all the art that the Devil or Man could imagine was industriously made use of to change this Monarchy into a Democracy this Kingdom into a Common-wealth the most and the best of English Men the general Spirit and Genius of the Nation not so much the Presbiterian or Royalist by mighty though invisible influence concurred at once to restore their exiled Soveraign and re-establish that antient Government Of the KING of ENGLAND THe King is so called from the Saxon word Koning intimating Power and Knowledge wherewith every Soveraigne should especially be invested The Title antiently of the Saxon King Edgar was Anglorum Basileus Dominus quatuor Marium viz. the British German Irish and Deucalidonian Seas and sometimes Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumsacentis cunctarumque Nationum quae infra eum includuntur Imperator Dominus The Modern Title more modest is Dei Gratiâ of England Scotland
our Kings and some Necessities for the preservation of the Weal Publick too much alienated The Antient Dominions of the Kings of England were first England and all the Seas round about Great Britain and Ireland and all the Isles adjacent even too the Shores of all the Neighbour Nations and our Law saith the Sea is of the Ligeance of the King as well as the Land and as a mark thereof all ships of Foreigners have antiently demanded leave to fish and pass in these Seas and do at this day Lower their Top-sailes to all the Kings Ships of War To England Henry 1. annext Normandy and Henry 2. Ireland being stiled only Lord of Ireland till 33 H. 8. although they had all Kingly Jurisdiction before Henry 2. also annext the Dukedomes of Guien and Anjou the Counties of Poictou Turein and Mayn Edward the First all Wales and Edward the Third the Right though not the Possession of all France King James added Scotland and since that time there have been super-added sundry considerable Plantations in America The Dominions of the King of England are at this day in Possession besides his just Right and Title to the Kingdom of France all England Scotland and Ireland Three Kingdoms of large extent with all the Isles above 40 in number small and great whereof some very considerable and all the Seas adjacent Moreover the Islands of Jersey Garnsey and Alderny Parcel of the Dutchy of Normandy besides those profitable Plantations of New England Virginia Barbados Jamaica Florida Bermudos besides several other Isles and Places in those Quarters and some in the East Indies and upon the Coast of Africa also upon the main land of America by right of first discovery to Estoit land Terra Corterialis New found Land Novum Belgium Guiana the King of England hath a Legal Right though not Possession Rex Angliae est Persona mixta cum Sacerdote say our Lawyers He is a Priest as well as a King He is anointed with Oyle as the Priests were at first and afterward the Kings of Israel to intimate that his Person is Sacred and Spiritual and therefore at the Coronation hath put upon him a Sacerdotal Garment called the Dalmatica c. and before the Reformation of England when the Cup in the Lords Supper was denied to the Laity the King as a Spiritual Person received in both kinds He is capable of Spiritual Jurisdiction of holding of Tythes all Extra-Parochial Tythes some Proxies and other Spiritual Profits belong to the King of which Laymen both by Common and Canon Law are pronounced uncapable He is an External Bishop of the Church as Constantine the Emperour said of himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But I am constituted Bishop for external things of the Church Rex idem hominum Phaebique Sacerdos He is as the Roman Emperours Christian as well as Heathen stiled themselves Pontifex Max. He is the Supreme Pastor of England and hath not only Right of Ecclesiastical Government but also of Exercising some Ecclesiastical Function so far as Solomon did 1 Kings 8. when he blessed the People consecrated the Temple and pronounced that Prayer which is the Pattern now for Consecration of all Churches and Chappels but all the Ministerial Offices are left to the Bishops and Priests as the determinination of Causes are to the Kings Judges although the King may himself sit in Judgement if the Affairs of State did not alwayes require his Presence at the Helme and the Administration of Sacraments Preaching and other Church Offices and Duties to the Bishops and their Ordained Clergy Of this Sacred Person of the King of the life and safety thereof the Laws and Customs of England are of tender that they have made it High Treason onely to imagine or intend the death of the King And because by imagining or conspiring the death of the Kings Counsellors or Great Officers of his Houshold the destruction of the King hath thereby sometimes ensued and is usually aimed at saith Stat. 3 H. 7. that also was made felony to be punisht with death although in all other Cases Capital the Rule is Voluntas non reputabitur pro facto and an English Man may not in other Cases be punisht with death unless the Act follow the Intent The Law of England hath so high esteem of the Kings Person that to offend against those Persons and those things that represent his Sacred Person as to kill some of the Crown Officers or the Kings Judges executing their Office or to counterfeit the Kings Seals or his Moneys is made High Treason because by all these the Kings Person is represented and High Treason is in the Eye of the Law so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal his Heirs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them Est enim tam grave crimen saith Bracton ut vix permittitur haeredibus quâ—d vivant High Treason is so grievous a Crime that the Law not content with the Life and Estate and Honour of the Criminal can hardly endure to see his heirs survive him And rather than Treason against the Kings Person shall go unpunisht the Innocent in some Cases shall be punished for if an Idiot or Lunatick who cannot be said to have any will and so cannot offend during his Idiocy or Lunacy shall kill or go about to kill the King he shall be punisht as a Traytor and yet being Non compos mentis the Law holds that he cannot commit Felony or Petit Treason not other sorts of High Treason Moreover for the precious regard of the Person of the King by an Antient Record it is declared that no Physick ought to be administred to him without good Warrant this Warrant to be made by the Advice of his Council no other Physick but what is mentioned in the Warrant ro be administred to him the Physitians to prepare all things with their own hands and not by the hands of any Apothecary and to use the assistance only of such Chyrurgeons as are prescribed in the Warrant And so precious is the Person and Life of the King that every Subject is obliged and bound by his Allegeance to defend his Person in his Natural aswell as Politick Capacity with his own Life and Limbs wherefore the Law saith that the life and member of every Subject is at the service of the Soveraign He is Pater Patriae Dulce erit pro Patre Patriae mori to lose life or limb in defending him from Conspiracies Rebellions or Invasions or in the Execution of his Laws should seem a pleasant thing to every loyal hearted Subject The Office of the King of England according to the Learned Fortescue is Pugnare bella populi sui eos rectissime judicare To fight the Battels of his People and to see Right and Justice done unto them Or according to
another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all â—onours both of higher and of â—â—wer Nobility of England â—he Power of determining Reâ—ards and Punishments By His Letters Patents may â—ect new Counties Bishopricks â—niversities Cities Burroughs â—â—lledges Hospitals Schools â—airs Markets Courts of Juâ—â—ice Forests Chases Free â—arrens c. The King by his Prerogative â—â—th power to enfranchise an â—lien and make him a Denison â—hereby he is enabled to purâ—â—ase Leases of Houses and â—ands and to bear some Offiâ—es Hath power to grant Letâ—rs of Mart or Reprisal The King by his Prerogaâ—ive hath had at all times the â—ight of Purveyance or Preemption of all sorts of Victuaâ— neer the Court and to talâ— Horses Carts Boats Ships for his Carriages at reasonabâ—â— rates also by Proclamation 〈◊〉 set reasonable rates and pricâ— upon Flesh Fish Fowl Oaâ— Hay c. which his Majesâ—â— now raigning was pleased to exchange and in liew thereof 〈◊〉 accept of some other recompence Debts due to the King are the first place to be satisfied 〈◊〉 case of Executorship and Admiâ—nistratorship and until thâ— Kings Debt be satisfied he maâ—â— Protect the Debtor from the arrest of other Creditors May distrain for the whoâ— rent upon one Tenant that holdâ—eth not the whole land maâ— require the Ancestors Debt 〈◊〉 â—he Heir though not especiâ—ly bound is not obliged to â—â—mand his rent as others are â—â—ay sue in what Court he â—â—ease and distrain where he 〈◊〉 No Proclamation can be â—ade but by the King No Protection for a Defenâ—ant to be kept off from a Suit â—t by him and that because 〈◊〉 is actually in his Service He only can give Patents in â—se of losses by Fire to reâ—ive the Charitable Benevolenâ—s of the People without â—hich no man may ask it pubâ—â—kly No Forest Chase or Park 〈◊〉 be made nor Castle to be â—uilt without the Kings Auâ—â—ority The sale of his Goods in a open Market will not take awaâ— his property therein His Servants in ordinary aâ— priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaâ—â— to him for any of his Revenueâ— their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ— same at all times for Nulluâ— tempus occurrit Regi His Debtor hath a kind 〈◊〉 Prerogative remedy by a Qâ—minus in the Exchequer against all other Debtors or any against whom they have anâ— Cause of Personal Action supposing that he is therebâ— â—isabled to pay the King and 〈◊〉 this Suit the Kings Debtor â—eing Plaintiff hath some Priâ—iledges above others In Doubtful Cases Semper â—â—aesumitur pro Rege No Statute restraineth the King except he be especially â—amed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ— may demand reasonable Aid Money of his Subjects to Knighâ— his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of 〈◊〉 years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at Law c. In all Cases where the King is party his Officers with an arrest by force of a Process at Law may enter and if entrance be denied may break open the â—ouse of any man although â—ery mans House is said to be 〈◊〉 Castle and hath a priviâ—â—dge to protect him against all â—her Arrests A Benefice or Spiritual Liâ—ng is not full against the King 〈◊〉 Institution only without Inâ—â—ction although it be so against Subject None but the King can hold â—â—ea of false judgments in the â—ourt of his Tenants The King of England by his â—rerogative is Summus Regni â—ustos and hath the Custody â—f the Persons and Estates of â—uch as for want of understanding â—annot govern themselves 〈◊〉 or â—erve the King so the Persons â—nd Estates of Ideots and Luâ—aticks are in the Custody of â—he King that of Ideots to his own use and that of Luâ—naticks to the use of the nexâ— Heir So the Custody or Wardâ—â—ships of all such Infants whoâ— Ancestors held their Lands bâ— Tenure in Capite or Knight service were
ever since thâ— Conquest in the Kings of England to the great honour anâ— benefit of the King and Kingâ—dom though some abuseâ— made some of the people out 〈◊〉 love with their good and thâ— Right of that part of his juâ—â— Prerogative The King by his Prerogative is Ultimus Haeres Regni and is as the Great Ocean is 〈◊〉 all Rivers the receptacle of aâ— Estates when no Heir appears for this cause all Estates foâ— want of Heirs or by forfeiture revert or escheat to the King All spiritual Benefices for want of Presentation by the Bishop is lapsed at last to the King all Treasure Trove that is Money Gold Silver Plate or Bullion found and the Owner unknown belongs to the King so all Wayfs Strays Wrecks not granted away by him or any former Kings all Wast ground or Land recovered from the Sea all Lands of Aliens dying before Naturalization or Denization and all things whereof the property is not known All Gold and Silver Mines in whosoever ground they are found Royal Fishes â—s Whales Sturgeons Dolphins c. Royal Fowl as Swans not markt and swimming at liberty on the River belong to the King In the Church the Kings Prerogative and Power is extraordinary great He only hath the Patronage of all Bishopricks none can be chosen but by his Conged ' Estier whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the Kings special Writ or Assent He is the Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal cares as in the 23th year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and by Commissioners or by his Metropolitanes in their several Jurisdictions to make Canons Orders Ordinances and Constitutions to introduce into the Church what Ceremonies he shall think fit reform and correct all Heresies Schismes and punish Contempts c. and therein and thereby to declare what Doctrines in the Church are fit to be publisht or professed what Translation of the Bible to be allowed what Books of the Bible are Canonical and what Apocryphal c. In 28 of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non Residency c. the Queen much incensed forbad them to meddle in any Ecclesiastical Affairs for that it belonged to her Prerogative c. The King hath power to pardon the violation of Ecclesiastical Laws or to abrogate such as are unfitting or useless to dispense with the Rigour of Ecclesiastical Laws and with any thing that is only prohibitum malum per accidens non malum in se as for a Bastard to be a Priest for a Priest to hold two Benefices or to succeed his Father in a Benefice or to be Non Resident c. Hath power to dispense with some Acts of Parliament Penal Statutes by Non Obstantes where himself is only concerned to moderate the rigor of the Laws according to Equity and Conscience to alter or suspend any particular Law that he judgeth hurtful to the Commonwealth to grant special Priviledges and Charters to any Subject to pardon a man by Law condemned to interpret by his Judges Statutes and in Cases not defined by Law to determine and pass Sentence And this is that Royal Prerogative which in the hand of a King is a Scepter of Gold but in the hands of Subjects is a Rod of Iron This is that Jus Coronae a Law that is parcel of the Law of the Land part of the Common Law and contained in it and hath the precedence of all Laws and Customs of England and therefore void in Law is every Custom quae exaltat se in Praerogativam Regis Some of these Prerogatives especially those that relate to Justice and Peace are so essential to Royalty that they are for ever inherent in the Crown and make the Crown they are like the Sun-beams in the Sun and as inseparable from it and therefore it is held by great Lawyers that a Prerogative in point of Government cannot be restrained or bound by Act of Parliament but is as unalterable as the Laws of the Medes and Persians wherefore the Lords and Commons Rot. Parl. 42. Edw. 3. num 7. declared that they could not assent in Parliament to any thing that tended to the disherison of the King and the Crown whereunto they were sworn no though the King should desire it and every King of England as he is Debitor Justitiae to his people so is he in conscience obliged to defend and maintain all the Rights of the Crown in possession and to endeavour the recovery of those whereof the Crown hath been dispossest and when any King hath not religiously observed his duty in this point it hath proved of very dreadful consequence as the first fatal blow to the Church of England was given when Hen. 8. waving his own Royal Prerogative referred the redress of the Church to the House of Commons as the Lord Herbert observes Hist Hen. 8. So the greatest blow that ever was given to Church and State was when the late King parting with his absolute Power of dissolving Parliaments gave it though only pro illâ— vice to the Two Houses of Parliament And indeed it greatly concerns all Subjects though it seem a Paradox to be far more solicitous that the King should maintain and defend his own Prerogative and Preeminence than their Rights and Liberties the truth whereof will appear to any man that sadly considers the mischiefs and inconveniencies that necessarily follow the diminution of the Kings Prerogative above all that can be occasioned by some particular infringements of the Peoples Liberties As on the other side it much concerns every King of England to be very careful of the Subjects just Liberties according to that Golden Rule of the best of Kings Charles I That the Kings Prerogative is to defend the Peoples Liberties and the Peoples Liberties strengthen the Kings Prerogative Whatsoever things are proper to Supreme Magistrates as Crowns Scepters Purple Râ—be Golden Globe and Holy Unction have as long appertained to the King of England as to any other Prince in Europe He holdeth not his Kingdom in Vassallage nor receiveth his Investiture or Installment from another Acknowledgeth no Superiority to any but God only Not to the Emperour for Omnem Potestatem habet Rex Angliae in Regno suo quam Imperator vendicat in Imperio and therefore the Crown of England hath been declared in Parliaments long ago to be an Imperial Crown and the King to be an Emperour of England and Ireland and might wear an Imperial Crown although he choseth rather to wear a Triumphant Crown such as was anciently worn by the Emperours of Rome and that because his Predecessors have triumpht not only over Five
Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vegeâ—ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus Deâ— enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament iâ— ipso facto puâ—ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
Cure of Souls To abolish irregularity gotten without a mans own default as by defect of body or birth or by accidental killing of a man c. To abolish the guilt of Simony To allow a Beneficed Clerk for some certain Causes to be Non-Resident for some time To allow a Lay-man to hold a Prebend c. whilst by study he is preparing himself for the Service of the Church To grant Dispensations to sick to Old People to Women with Child to eat flesh on dayes whereon it was forbidden To constitute Publick Notaries whose single Testimony is as good as the Testimonies of any two other Persons He hath the Power to grant Literns Tuitorias whereby any one that brings his Appeal may prosecute the same without any molestation To bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation there of a new Bishop who is also to provide a sufficient Benefice for one of the Chaplains of the Archbishop or to maintain him till it be effected By the Stat. Primo Eliz. it is provided that the Queen by the Advice of the Archbishop might ordain and publish such Rites and Ceremonies as may be for Gods glory for edifying the Church and due reverence of the Sacraments He hath the Prerogative to Consecrate a Bishop though it must be done in the presence and with the assistance of two other Bishops as every Bishop gives Ordination but with the assistance of Presbyters to assign Co-adjutors to infirm Bishops to confirm the Elections of Bishops within his Province to call Provincial Synods according to the Kings Writ alwayes directed to him to be Moderator in the Synods or Convocations to give his Suffrage there last of all to visit the whole Province to appoint a Guardian of the Spiritualties during the Vacancy of any Bishoprick within his Province whereby all the Episcopal Rights of that Diocess belong to him all Ecclesiastical Jurisdiction as Visitation Institutions c. The Archbishop may retain and qualifie 8 Chaplains which is 2 more than any Duke by Statute is allowed to do The Archbishop of Canterbury hath moreover the Power to hold divers Courts of Judicature for deciding of Differences in Ecclesiastical Affairs as his Court of Arches his Court of Audience his Prerogative Court and his Court of Peculiars of all which shall be handled particularly and apart in the Second Part of the Present State of England These and other Prerogatives and Priviledges the Wisdom of our first Reformers thought fit to be retained and added to the Chief Person under the King of the Church of England The next Person in the Church of England is the Archbishop of York who was antiently also of very high repute in this Nation and had under his Province not only divers Bishopricks in the North of England but all the Bishopricks of Scotland for a long time until the year 1470 when Pope Sixtus the 4th created the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland He was also Legatus Natus and had the Legantine Office and Authority annext to that Archbishoprick He hath still the place and precedence of all Dukes not of the Royal Blood and of all Great Officers of State except only the Lord Chancellour hath the Title of Grace and Most Reverend Father hath the Honour to Crown the Queen and to be her perpetual Chaplain He is stiled Metropolitan of England and hath under his Province the Bishopricks of York Durham Carlile Chester and that of the Isle of Man Hath the Rights of a Count Palatine over a certain Territory near York erected by King Rich. 2. into a County Palatine May qualifie also 8 Chaplains and hath within his Province divers other Prerogatives and Priviledges which the Archbishop of Canterbury hath within his own Province The next in place amongst the Clergy of England are the Bishops so called from the Saxon word Biscop and that from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Speculator Explorator vel Superintendens an Officer amongst the Heathen so called quia praeerat pani victui quotidiano Episcopus enim apud Christionos praeest pani victui spirituali All the Bishops of England are Barons and Peers of the Realm They are Barons by a threefold manner which cannot be said of the Lay Lords they are Feodal in regard of their Lands and Baronies annext to their Bishopricks They are Barons by Writ being summoned by the Kings Writ to Parliament and they are created Barons by Patent which at their Consecration is alwayes exhibited to the Archbishop They have the Precedence of all Temporal Barons under Vicounts In the Parliament have place in the Upper House in a double capacity not only as Barons but as Bishops for before they were Barons they had in all times place in the Great Council of the Kingdome and there ever placed on the Kings right hand not only to give their Advice as the Judges do but ad tractandum ordinandum statuendum definiendum c. They have the Title of Lords and Right Reverend Fathers All Bishops in England have one or two transcendent Priviledges which seem almost Regal as In their own Courts to judge and pass Sentence alone by themselves without any Collegue or Assessor which is not done in other of the Kings Courts for the Bishops Courts though held by the Kings Authority Virtute Magistratus sui are not accounted to be properly the Kings Courts and therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the Kings Name as all the Kings Courts properly so called do Moreover Bishops have this other transcendent Priviledge To depute their Authority to another as the King doth either to their Bishops Suffragans to their Chancellours to their Commissaries or other Officers which none of the Kings Judges may do All Bishops have one Priviledge above and beyond all Lay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may quatenus Bishops confer Orders c. whereas no Lay Baron Vicount Marquiss nor Duke is in Law acknowledgeed such out of the Dominions of the Prince who conferred those Honours The Laws and Customs of England are so tender of the Honour Credit Reputation and Person of Bishops our Spiritual Fathers that none might without special Licence from the King first obtained be endited of any Crime before any Temporal Judge Upon severe Penalty by our Laws no man may raise reports whereby Scandal may arise to the Person of any Bishop or Debate and Discord between them and the Commons of England In Civil Trials where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay Lord challenge the Array 〈◊〉 one Knight at least be not â—eturned of the Jury and it â—hall be allowed unto him as 〈◊〉 Priviledge due to his Peerage In Criminal Trials for life all â—ishops by Magna Charta and â—tat 25 Edw. 3.
are to be tryâ—d by their Peers who are Baâ—ns and none under notâ—ithstanding the late conceit of â—ome Lawyers that because Bishops may not be on the Criminal Trial of a Peer thereâ—ore are not to be tried by â—eers for so neither may Bishops be tried by a Common â—ury Because they may not â—e on the Trial of such men Moreover Noble-women may â—ot be on the Trial of Peers â—nd yet they are to be tried by Peers of the Realm And there is no Legal Precedent 〈◊〉 England of a Bishop remaining a Bishop that ever was tried for his life but by Peers of thâ— Realm Antiently indeed Bishops were so ecempted as noâ— at all to be tried by Temporâ—â— Judges till after deprivatioâ— and degradation and then being thereby rendred no Peers but common Persons theâ— might be tried by Common Juries Since the Reformation thâ— English Protestant Bishopâ— have been so constantly loyaâ— and true to the Crown 〈◊〉 which they are so much mâ—ligned by Non-Conformists and so free from all Capitaâ— Crimes that there is yet 〈◊〉 Precedent in England for theiâ— manner of Trial for Life A◠〈◊〉 that Common Assertion â—hat no Lords of Parliament 〈◊〉 to be tried by their Peers 〈◊〉 such as sit there Ratione â—obilitatis and that all Lay â—ords have place in Parliament 〈◊〉 that reason it is not onâ—â— false but frivolous in the â—â—dgement of very many judiâ—â—ous men And indeed how â—â—urd and unreasonable must it â—â—eds be let all men judge â—â—at an Archbishop of Canterâ—â—ry who is by all acknowâ—â—dged to be Primus Par Regâ—â— should be tried by a Comâ—on Jury of Freeholders â—â—en as the meanest Lay Baâ—â— though created but yeâ—â—â—rday may not be tried by aâ—â— under Barons In Parliament Bishops as Baâ—â—as may be present and vote at the Trial and Arraignment 〈◊〉 a Peer of the Realm only bâ—fore Sentence of Death or loâ—â— of Member be pronounced that they may have no hand 〈◊〉 blood no hand in destroying but only in saving they havâ— by Canon Law the Priviledâ—â— and Injunction to absent themselves and by Common Laâ— to make Proxies to vote for them Primo Eliz. cap. 2. It is expresly declared that all Lords 〈◊〉 Parliament without any exception of Lords Spiritual 〈◊〉 should be tried in that particular by their Peers The Bishops of England enjoy at this day many other Priviledges as freedom from Arrests Outlawries Distress pâ—â— Equitaturam or in a Journey Liberty to hunt in any of the Kings Forrests or Parks to kill one or two Deer going from or coming to the King upon his Order The Persons of Bishops may not be seised upon Contempt as the Persons of Lay Lords but their Temporalities only may be seised Every Bishop may by Statute Law qualifie as many Chaplains as a Duke viz. six The Laws of England attributeth so very much to the Word of a Bishop that not only in the Trial of Bastardy the Bishops Certificate shall suffice but also in Trial of Heresie which toucheth a mans Life upon the Bishops bare Certificate that any hath been convicted before him of Heresie the Secular Power puts him to death without any trial by his Peers The Persons the Spiritual Governours of the Church of England are of such high and tender respect in the eye of the Law that it is thought fit to exact the same respect from a Clergyman to his Bishop or Ordinary as from a Child to his Father and therefore made the Offences of Parricide and Episcopicide equal viz. both Petty Treason Next to the two Archbishops of England the Bishop of London amongst all the Bishops hath the pre-eminence Episcopus Londinensis saith an ancient Record speciali quadam Dignitate caeteris anteponendus quia Ecclesiae Cantuariensis Decanus est Provincialis Being Bishop over the Imperial and Capital City of England it is by a Statute of later times expresly provided that he should have the preference and precedence of all the Bishops of England whereby he is become as heretofore the Lord Prior of the Order of St. John of Jerusalem Primus Baro Regni as the Lord Abergavenny is Primus Baronum Laicorum Next amongst those of the Episcopal Colledge is the Bishop of Durham within the Province of York who hath been a Count Palatine 6 or 700 years wherefore the Common Seal of the Bishoprick hath been of a long time an Armed Knight holding in one hand a naked Sword and in the other a Church In the fifth place by vertue of the fore-mentioned Statute is the Bishop of Winchester reputed antiently Earl of Southampton and so stiled in the Statutes of the Honourable Order of the Garter by Hen. 8. though soon after that Earldome was otherwise disposed of After these afore-named all the other Bishops take place according to the Seniority of their Consecration unless any Bishop happen to be made Lord Chancellour Treasurer Privy Seal or Secretary of State which antiently was very usual as reputed for their Piety Learning Single Life Diligence c. far more fit for the Advantage and Service of the King and Kingdome than any Laymen and in such case a Bishop being Lord Chancellour had place next to the Archbishop of Canterbury and above the Archbishop of York and being Secretary of State had place next to the Bishop of Winchester All the Bishops of England now living take place as they are ranked in this following Catalogue Dr. Gilbert Sheldon Lord Archbishop of Canterbury consecrated Bishop of London 1660 and translated to Canterbury 1663. Dr. Richard Stern Lord Archbishop of York consecrated Bishop of Carlile 1660 and translated to York 1664. Dr. Humphrey Henchman Lord Bishop of London consecrated Bishop of Salisbury 1660 and translated to London 1663. Dr. John Cosens consecrated Bishop of Durham 1660. Dr. George Morley consecrated Bishop of Worcester 1660 and translated to Winchester 1662. Dr. William Piers Bishop of Bath and Wells consecrated 1632. Dr. Robert Skinner consecrated Bishop of Bristol 1636 then translated to Oxford 1640 and lastly to Worcester 1663. Dr. Henry King Lord Bishop of Chichester consecrated 1641. Dr. William Lucy Lord Bishop of St. Davids consecrated 1660. Dr. Benjamin Laney Lord Bishop of Ely consecrated 1660 Bishop of Peterborough thence translated to Lincoln 1663 lastly to Ely 1667. Dr. Gilbert Ironside Bishop of Bristol consecrated 1660. Dr. Edward Reynolds consecrated 1660 Bishop of Norwich he is also Abbot of St. Bennet de Hulmo the sole Abbot now remaing in England Dr. William Nicolson consecrated Bishop of Glocester 1660. Dr. John Hacket consecrated Bishop of Coventry and Lichfield 1661. Dr. Seth Ward consecrated Bishop of Exeter 1661 translated to Salisbury 1667. Dr. Herbert Crofts consecrated Bishop of Hereford 1661. Dr. Henshaw consecrated Bishop of Peterborough 1663. Dr. Rainbow consecrated Bishop of Carlile 1664. Dr. Blandford consecrated Bishop of Oxford 1665. Dr. Dolben Bishop of Rochester consecrated 1666. Dr. Davis Bishop of Landaff consecrated 1667. Dr. Fuller consecrated Bishop of Lincoln 1667. Dr.
Glemham consecrated Bishop of St. Asaph 1667. Dr. Price consecrated Bishop of Bangor 1667. Dr. Sparrow consecrated Bishop of Exeter 1667. Dr. Wilkins consecrated Bishop of Chester 1668. These are all Barons and Peers of the Realm these have place in the Upper House of Parliament and in the Upper House of Convocation and these are the Lords Spiritual next follow the Commons Spiritual consisting of Suffragan Bishops Deans Archdeacons Prebends Rectors and Vicars to whom also belong divers considerable Priviledges All Suffragan Bishops all Deans Archdeacons Prebendaries Rectors and Vicars have Priviledges some by themselves others by proxy or by representative to sit and vote in the Lower House of Convocation No Subsidies or other Taxe to the King may legally be laid upon them without their own consent first had in Convocation The Clergy as appears by the words of the Writ as also by Modus Tenendi Parliam and by 21 Rich. 2. cap. 12. hath per Procuratores Cleri Place and Suffrage in the Lower House of Parliament as was antiently practised in England and of later years in Ireland though now not used in either and as the Bishops still have and use in the Higher House of Parliament No Clergyman may be compelled to undergo any Personal Functions or Services of the Commonwealth or to serve in War If any man by reason of his Land be subject to be elected to any Temporal Office if he take Orders he is free and there is a Writ purposely to free him All Clergymen are free from the Kings Purveyors the Kings Carriages the Kings Posts c. for which they may demand a Protection from the King cum clausula nolumus If a Clergyman acknowledge a Statute his Body shall not be taken by vertue of any Process thereupon for the Writ runs Si Laicus sit c. Clergymen are not obliged to appear at Sherives Tourns or Views of Frank Pledge there to take their Oath of Allegeance the Antient Laws presuming that those whose principal care and Office should be to teach the People Loyalty and Allegeance to their King could not themselves want Loyalty By Magna Charta no Clergy-man is to be fined or amerced according to his spiritual means but according to his temporal estate and according to the Crime committed The Goods of Clergymen are discharged by the Common Law of England from Tolls and Customes si non exerceant Marchandizas de eisdem of Avirage Pontage Muriage Paviage for which they have the Kings Writ to discharge them The Glebe Lands and Spiritual Revenues of Clergymen being held in pura perpetua Eleemosyna i. e. in Frankalmoine are exempted from arraying and mustering of Men or Horses for the War as appears in a Statute still in force viz. 8 Hen. 4. Num. 12. in the unprinted Rolls of that Parliament The Clergy being by their Function prohibited to wear a Sword or any Armes their Coat alone being their defence cannot serve in Person in War They serve their Countrey otherwise and for that Service have alwayes been thought worthy of their Spiritual Profits and Revenues and of the Kings Protection The Clergy paying to the King the First years profits of all Spiritual Benefices called First Fruits and yearly the Tenth of all the said Benefices are with great reason thought fit to be exempted from all other Taxes though to give the Laity good example they often lay Subsidies or other Great Taxes upon themselves It was an Antient Maxime in England Nullus pro decimis debet onerari de aliqua reparatione Pontis seu aliquibus oneribus temporalibus These and other Immunities of the Clergy the Great Aquinas thought agreeable to Natural Equity or the Law of Nature thence it was that King Pharaoh 47 Gen. when all the Lands of his Subjects were mortgaged to him for Bread yet spared the Lands of the Priests So Ezra 7. 24. and so in our Antient Laws we find De Danigeldo libera quieta erat omnis Ecclesia in Anglia etiam omnis Terra quae in proprio Dominio Ecclesiae erat ubicunque jacebat nihil prorsus in tali redditione persolvens and the reason thereof is added Quia magis in Ecclesiae confidebant Orationibus quam in Armorum defensionibus Many more Priviledges Immunities Liberties and Franchises there are rightly belonging to the Clergy of England so many that to set down all saith Sir Edward Coke upon Magna Charta would take up a whole Book The Priviledges of the Clergy and Franchises of the Church were with the Lities of the People granted confirmed and sealed by the King in full Parliament Anno 1253. in such a solemn manner as no Story can parallel it The King stood up with his Hand upon his Breast all the Lords Spiritual and Temporal stood with burning Tapers in their hands the Archbishop pronounced as followeth By the Authority of God Omnipotent of the Son and of the Holy Ghost c. We excommunicate anathematize and sequester from Our Holy Mother the Church all those which henceforth knowingly and maliciously deprive and spoil Churches of their right and all those that shall by any art or wit rashly violate diminish or alter secretly or openly in Deed Word or Counsel those Ecclesiastical Liberties c. granted by Our Lord the King to the Archbishops Bishops Prelates c. For everlasting memory whereof We have hereunto put Our Seals After which all throwing down their Tapers extinguisht and smoaking they all said So let all that shall go against this Curse be extinct and stink in Hell Since which all Kings of England at their Coronations have by Solemn Oaths promised to preserve the same and they have been confiremed by above 30 Successive Parliaments commanded to be read once a year in Churches and if any Act should be made to the contrary it is to be held for null and void by the Statute of 42 Edw. 3. Antiently men were very tender and fearful to do any thing that might make them incur the said dreadful censure but of later times especially since our Reformation many men pretending to more Christianity and to more knowledge have made little conscience of infringing and violating any Rights Priviledges or Franchises of the Church or Churchmen whilst the Liberties of the People though very little violated have been exacted even to Sedition and Rebellion To the end that men of the best rank and abilities should in all times be encouraged to embrace the most painful and severe Profession of a Clergy-man and that the People â—hould the more willingly be â—uided and conducted by them Our most Christian Ancestors â—ccording to the Pattern of Gods antient People the Jews â—nd of all other Christian Commonwealths judged it expeâ—ient to allot large Revenues â—nd a most plentiful mainteâ—ance to the English Clergy â—aving observed with Solomon â—hat a Wiseman for his poverâ—y is too oft contemned and â—espised and that there is noâ—hing more contemptible and â—diculous than a poor Clergy-man The
Baron was used for Vir as at this day Baron or Varon in the Spanish Tongue is used for the same so that a Baron is Vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vir Notabilis Principalis so the Chief Burgesses of London antiently and still those of the Cinque Ports are called Barons Antiently those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part each Knights Fee being 20 l. which make in all 400 Marks and whoever had so much was wont to be summoned to Parliament Now to hold per Baroniam is to hold per haereditatem Baronis whether greater or less Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards when that King after that great Rebellion against him was supprest called by Writ unto Parliament only such great men as had continued loyal which the succeeding Kings observing they only were accounted Peers of the Realm that were called by the Kings special Writ and the others lost their Peerage The Earls Palatines and Earls Marchers of England had antiently also their Barons under them as in Cheshire there are yet such Barons but as no Bishops but those that hold immediately of the King are Peers of the Realm for the Bishop of Man holding immediately of the Earl of Derby is no Peer so no Barons but those that hold immediately of the King are Peers of the Realm Caput Baroniae is some Castle or Chief Seat of a Nobleman which is not to be divided amongst Daughters if there be no Son but must descend to the Eldest Daughter caeteris filiabus aliunde satisfactis Lands holden by Barony doth not make the purchaser that is ignoble to be noble although the charge of such Tenure doth lie upon him in respect of the Service of the Realm no more than Lands by Villain Service doth make the Purchaser that is a Freeman a Villain though he shall thereby be bound to his Villain Service due for those Lands Barons are sometimes made by Writ being thereby called to sit in the Higher House of Parliament but most usually by Patent All the fore-mentioned Degrees have the Title of Lord from the Saxon word Laford Dominus All the Lords of England both Spiritual and Temporal are Feudataries to the King and in their Creation and also in their Succession do swear an Oath of Fealty and do Homage to the King their Soveraign and pay certain Duties as Signs and Symbols of their Subjection to their Prince All Honours in England are given by the King who is the sole Fountain of Honour The Law of England prohibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince King or Emperour Est enim jus Majestatis inter Insignia summae potestatis None of these Honours bestowed by the King on a Family can be lost but by want of Issue or else by some heinous Crime and then that Family cannot be restored to their Blood but by Parliament All Noblemen at their Creation have two Ensigns to signifie two Duties Their Heads are adorned ad consulendum Regem Patriam tempore pacis and they are girt with a Sword ad defendendum Regem Patriam tempore belli The several Degrees of the English Nobility are differenced and distinguisht one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent and Noble Prince A Marquiss Most Noble and Potent Prince An Earl Most Noble and Potent Lord. A Vicount Right Noble and Potent Lord. And A Baron Right Noble Lord. Their Coronets are all different A Baron hath a Coronet of 6 Pearls upon the Circle given to that honour by the present King A Vicount hath a Coronet with 8 Pearls without the Circle â—n â—â—arls Coronet hath the Pearls raised The Marquiss a Pearl and Strawbeâ—ry Leaf round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or Short Cloaks about their Shoulders A Baron hath but 2 Guards a Vicount two and and a half an Earl 3 a Marquiss 3 and a half and a Duke 4. The Nobility of England have in all times enjoyed many considerable Priviledges All Peers of the Realm being lookt on as the Kings Hereditary constant Counsellours their Persons out of Parliament time are priviledged as others in Parliament time from all arrest unless for Treason Felony or breach of Peace Condemnation in Parliament or Contempt to the King No Supplicavit can be granted against them No Capias or Exigent sued out against them for Actions of Debt or Trespass No Essoin lies against any Peer of the Realm In Criminal Causes Treason or Felony they cannot be tried by any other Jury but by a Jury of Peers of the Realm who are not as other Juries to be put to their Oath but their Veâ—dict given in upon their Honour sufficeth In Civil Causes they are not to be empanelled upon any Jury nor upon any Enquests de facto though in a matter between two Peers In case any Peer be returned upon any such Jury there is a special Writ for his discharge Upon no case to be bound to the good behaviour nor put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated A Peer of the Realm may not be put to the Rack or Torture to discover the truth though accused of High Treason Every Peer of the Realm called to Parliament hath the Priviledge in his lawful absence to constitute a Proxy to vote for him which none of the Commons may do Also in places of trust committed to them they are allowed to make Deputies by reason of the necessity supposed in the Law of their attendance on the Person of the King Though neither Civil Law nor Common Law allow any others Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any Oath is esteemed valid and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry and to put in their Answer to a Bill super honorem without taking an Oath though of later times that Priviledge by the neglect of some Lords hath been infringed sometimes A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant and this by Statute Law because the Law presumes that a Peer of the Realm must alwayes be ready to attend the Person of the King and the Service of the Commonwealth and therefore it is not to be delayed longer than the ordinary use of the Court
of all sublunary things and remember that there was once a time when the Juvenes Nobiles in Old English the Edel Knaben were so leud that those words came at length to signifie as now Idle Knaves Of the Commonalty or Third State of England THe Law of England contrary to the Laws and Customs of other Countries â—alleth none Noble under a Baron so that not only all Baronets all sorts of Knights all Esquires and Gentlemen but also all the Sons of the Nobility are by our Law reckoned amongst the Commons of England and therefore the eldest Son of a Duke though by the Courtesie of England stiled an Earl yet shall be arraigned by the Stile of Esquire only and may be tried by a Jury of Common Freeholders and in Parliament can sit only in the House of Commons if elected till called by the Kings Writ to the Lords House Yet doth it seem very absurd that all Noblemens Sons with all Knights Esquires and Gentlemen should be esteemed Plebeans but rather as in Rome they were in a middle Rank inter Senatores Plebem or else as â—n other Christian Kingdomes they should be considered as â—he Minor Nobilitas Regni so â—hat as Barons and all above may be stiled Nobiles Majores â—o from a Baron downward to â—he Yeoman all may be not â—â—fitly stiled Nobiles Minores The Lower Nobility then of England consists of Baroâ—ets Knights Esquires and Gentlemen The next Degree to Barons â—re Baronets which is the lowâ—st Degree of Honour that is â—ereditary An Honour first â—nstituted by King James Anno â—611 given by Patent to a Man and his Heirs Males of his Body lawfully begotten for â—hich each one is obliged to â—ay into the Exchequer so much money as will for 3 years at 8â— d. per diem pay 30 Foot Souldiers to serve in the Province oâ— Vlster in Ireland which summe amounts to 1095 l. which with Fees doth commonly arise to 1200 l. Baronets have precedencâ— before all Knights excepâ— Knights of the Garter and Knights Bannerets made under the Kings Banner or Standard displaied in an Army Royaâ— in open War and the Kinâ— personally present Baronets have the Priviledgi to bear in a Canton of theiâ— Coat of Arms or in a wholâ— Scutcheon the Arms of Vlster viz. In a Field Argent a Hanâ— Gules also in the Kings Armies to have place in the gros near the Kings Standard witâ— some other particulars for their Funerals The whole number of Baronets in England are not to exceed 200 at one and the same time after which number compleated as any for want of heirs come to be extinct the number shall not be made up by new Creations but be suffered to diminish as appears by their Patent No Honour is ever to be created between Baronets and Barons The first Baronet that was created was Sir Nicholas Bacon of Suffolk whose Successor is therefore stiled Primus Baronettorum Angliae This Word Knight is derived from the German Word Knecht signifying originally 〈◊〉 Lusty Servitor The Germans as the antient Romans gave their young men Togam Virilem by Publick Authority bestowed on their young men able to manage Arms a Shield and a Javelin as fit for Martial Service and to be a Member of the Common wealth accounted before but a part of a Family and such a young man publickly allowed they called Knecht whence we had our Institution of Knighthood The thing Knight is at this day signified in Latine French Spanish Italian and also in the High and Low Dutch Tongues by a Word that properly signifies a Horseman because they were wont to serve in War on Horsback and were sometimes in England called Radenyhts id est Riding Servitors yet our Common Law stiles them Milites because they commonly held Lands in Knights Service to serve the King in his Wars as Soldiers The Honour of Knighthood is commonly given for some personal desert and therefore dies with the person deserving and descends not to his Son In England there are several sorts of Knights whereof the chiefest are those of the Order of St. George commonly called Knights of the Garter This Order is esteemed the most Honourable and most Antient of any now in use in Christendom It began as appears in the Statutes of this Order in the 23th year of the Warlike and Puissant King Edward 3 who was Founder thereof and at first made choice of the most Illustrious Persons of Europe to be of that Royal Society no doubt upon a Martial and not upon any such Amorous Account as is intimated Page 96 of this Treatise which ridiculous Story to the dishonour of the Order was first fancied by Polydore Virgil and since upon his credit taken up by many late Authors It appears by Antient Writings that this Honourable Company is a Colledge or Corporation having a Great Seal belonging to it and consisting of a Soveraign Guardian which is alwayes the King of England and of 25 Companions called Knights of the Garter of 14 Secular Canons that are Priests of 13 Vicars who are also Priests of 26 poor Knights who have no other Maintenance but the allowance of this Colledge which is given them in respect of their Prayers to the Honour of God and of St. George who is the Patron of England and of this Order in particular and is none of those Fabulous St. Georges as some have vainly fancied but that famous Saint and Soldier of Christ St. George of Cappadocia a Saint so universally received in all Parts of Christendom so generally attested by the Ecclesiastical Writers of all Ages from the time of his Martyrdome till this day that no one Saint in all the Calendar except those attested by Scripture can be better evidenced There be also certain Officers belonging to this Order as the Prelate of the Garter which Office is settled on the Bishoprick of VVinchester A Chancellour of the Garter A Register who of later times hath been constantly the Dean of VVindsor though antiently it was otherwise The Principal King at Arms called Garter whose chief function is to manage and marshal their Solemnities at their Installations and Feasts Lastly The Usher of the Garter There are also certain Orders and Constitutions belonging to this Society touching the Solemnities in making these Knights their Duties after Creation and their high Priviledges too long for this place The Colledge is seated in the Castle of VVindsor with the Chappel of St. George there erected by King Edward 3. and the Chapter House The Order of the Garter is wont to be bestowed upon the most excellent and renowned Persons for Honour and Vertue and with it a Blew Garter deckt with Gold Pearl and Pretious Stones and a Buckle of Gold to be worn daily on the Left Leg also at High Feasts they are to wear a Surcoat a Mantle a Black Velvet Cap a Coller of Garters and other stately and magnificent Apparel They are not to be seen abroad without their
Freeholders which are so called because they hold Lands or Tenements inheritable by a perpetual Right to them and their heirs for ever there are in England a very great number of Copyholders who hold Lands within some Mannors only by Copy of Court Roll of the said Mannour c. have Jus perpetuum utile Dominium though not Allodium directum Dominium which none in England but the King hath Amongst the Commons of England in the next place are reckoned Tradesmen amongst whom Merchants of Forrein Trafick have for their great benefit to the publick for their great Endowments and generous living been of best repute in England and although the Law of England look upon Tradesmen and Chapmen that live by buying and selling as a baser sort of people and that a Ward within age may bring his Action of Disparagement against his Guardian for offering any such in Marriage yet in England as well as Italy to become a Merchant of Forreign Commerce without serving any Apprentisage hath been allowed as no disparagement to a Gentleman born especially to a younger Brother Amongst Tradesmen in the next place are Whole-sale-men then Retailers lastly Mechanicks or Handy-crafts-men These are all capable of bearing some Sway or Office in Cities and Towns Corporate The lowest Member the Feet of the Body Politique are the Day-Labourers who by their large Wages given them and the cheapness of all Necessaries enjoy better Dwellings Diet and Apparel in England than the Husbandmen do in many other Countries Liberties and Properties As the Clergy and Nobility have certain Priviledges peculiar to themselves so they have Liberties and Properties common to the Commonalty of England The Commons of England for hereditary fundamental Liberties and Properties are blest above and beyond the Subjects of any Monarch in the World First No Freemen of England ought to be imprisoned or otherwise restrained without cause shewn for which by Law he ought to be so imprisoned Secondly To him that is imprisoned may not be denied a Writ of Habeas Corpus if it be desired Thirdly If no cause of Imprisonment be alledged and the same be returned upon an Habeas Corpus then the Prisoner ought to be set at Liberty Fourthly No Soldiers can be quartered in the House of any Freeman in time of Peace without his will though they pay for their quarters Fifthly Every Freeman hath such a full and absolute propriety in Goods that no Taxes Loans or Benevolences can be imposed upon them without their own consent by their Representative in Parliament Moreover They have such an absolute Power that they can dispose of all they have how they please even from their own Children and to them in what inequality they will without shewing any cause which other Nations governed by the Civil Law cannot do Sixthly No Englishman may be prest or compelled unless bound by his Tenure to march forth of his County to serve as a Souldier in the wars except in case of a Forreign Enemy invading or a Rebellion at home Nor may he be sent out of the Realm against his will upon any forreign Employment by way of an honourable Banishment Seventhly No Freeman can be tried but by his Peers nor condemned but by the Laws of the Land or by an Act of Parliament Eighthly No Freeman may be fined for any Crime but according to the merit of the Offence alwayes salvo sibâ— contenemente suo in such manner that he may continue and go on in his Calling Briefly If it be considered only that they are subject to no Laws but what they make themselves nor no Taxes but what they impose themselves and pray the King and Lords to consent unto their Liberties and Properties must be acknowledged to be transcendent and their worldly condition most happy and blessed and so far above that of the subjects of any of our Neighbour Nations that as all the Women of Europe would run into England the Paradise of Women if there were a Bridge made over the Sea so all the Men too if there were but an Act for a general Naturalizati-of all Aliens Of the Women Children and Servants of England TOuching the Women of England there are divers things considerable in the English Laws and Customs Women in England with all their Moveable Goods so soon as they are married are wholly in potestate viri at the will and disposition of the Husband If any Goods or Chattels be given to Feme Covert to a Married Woman they all immediately become her Husbands She cannot let set sell give away or alienate any thing without her Husbands consent Her very Necessary Apparel by the Law is not hers in property If she hath any Tenure at all it is in Capite that is she holds it of and by her Husband who is Caput mulieris and therefore the Law saith Uxor fulget radiis mariti All the Chattels personal the Wife had at the Marriage is so much her Husbands that after his death they shall not return to the Wife but go to the Executor or Administrator of the Husband as his other Goods and Chattels except only her Parapherna which are her Necessary Apparel which with the consent of her Husband she may devise by Will not otherwise by our Law because the property and possession even of the Parapherna are in him The Wife can make no Contract without her Husbands consent and in Law matters sine viro respondere non potest The Law of England supposeth a Wife to be in so much Subjection and Obedience to her Husband as to have no will at all of her own Wherefore if a Man and his Wife commit a felony together the Wife by the Law can be neither Principal nor Accessory the Law supposing that in regard of the subjection and obedience she owes to her Husband she was necessitated thereunto The Law of England supposes in the Husband a power over his Wife as over his Child or Servant to correct her when she offends and therefore he must answer for his Wives faults if she wrong another by her Tongue or by Trespass he must make satisfaction So the Law makes it as high a Crime and allots the same punishment to a Woman that shall kill her Husband as to a Woman that shall kill her Father or Master and that is Petty Treason and to be burnt alive So that a Wife in England is de jure but the best of Servants having nothing her own in a more proper sense than a Child hath whom his Father suffers to call many things his own yet can dispose of nothing The Woman upon Marriage loseth not onely the power over her person and her will and the property of her Goods but her very Name for ever after she useth her Husbands Surname and her own is wholly laid aside which is not observed in France and other Countries where the Wife subscribes her self by her Paternal Name as if Susanna the Daughter of R. Clifford be married