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A31570 AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1 Chamberlayne, Edward, 1616-1703. 1669 (1669) Wing C1819; ESTC R212862 111,057 538

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under him against the French King then leagued with the English Rebels against Spain where his Magnanimity and Dexterity in Martial Affairs though unsuccessful were very eminent In the year 1660 came over with the King into England and being Lord High Admiral in the year 1665 in the War against the Vnited States of the Netherlands commanded in person the whole Royal Navy on the Seas between England and Holland where with incomparable valour and extraordinary hazard of his own Royal Person after a most sharp dispute he obtained a Signal Victory over the whole Dutch Fleet commanded by Admiral Opdam who perisht with his own and many more Ships in that Fight He married Anne the eldest Daughter of Edward Earl of Clarendon late Lord High Chancellour of England by whom he hath had a numerous issue whereof are living first the Lady Mary born 30 April 1662 whose Godfather was Prince Rupert and Godmothers the Dutchesses of Buckingham and Ormond Secondly the Lady Anne born in Febr. 1664 whose Godfather was Gilbert Lord Archbishop of Canterbury her Godmothers were the young Lady Mary her Sister and the Dutchess of Monmouth She is lately for her health transported into France Thirdly 15 Sept. 1667 was born Edgar lately created Duke of Cambridge by Letters Patents under the Great Seal of England whose Godfathers were the Duke of Albemarle and the Marquiss of Worcester his Godmother the Countess of Suffolk The Titles of his Royal Highness are Duke of York and Albany Earl of Ulster Lord High Admiral of England Ireland and all Foreign Plantations Constable of Dover Castle Lord Warden of the Cinque Ports Governour of Portsmouth c. Of the Prince of Orenge NExt to the Duke of York and his Issue is William of Nassau Prince of Orenge only Issue of the lately deceased Princess Royal Mary eldest Daughter to King Charles the First and wedded 1641 to William of Nassau Commander in Chief of all the Forces of the States General both by Land and by Sea His Highness the present Prince was born 9 dayes after his Fathers death on the 14th Novemb. 1650 had for Godfathers the Lords States General of Holland and Zealand and the Cities of Delft Leyden and Amsterdam His Governess was the Lady Stanhop then wife to the Heer van Hemvliet At 8 years of age was sent to the University of Leyden His Revenue is about 60000 l. Sterling besides Military Advantages enjoyed by his Father and Ancestors which amounted yearly to about 30000 l. Sterling more He is a Prince in whom the high and princely qualities of his Ancestors already appear Of the Princess Henretta THe next Heir after the fore-named to the English Crown is the Princess Henretta only Sister living to the present King of England She was born the 16th of June 1644 at Exeter during the heat of the late Rebellion after the surrender of Exeter conveyed to Oxford and thence 1646 to London whence with her Governess the Lady Dalkieth she escaped into France was there educated as became her high Birth and Quality but being left wholly to the care and maintenance of the Queen her Mother at Paris embraced the Romish Religion At the age of 16 years came with the Queen Mother into England and 6 moneths after returning into France was married to the only Brother of the French King the Illustrious Prince Philip then Duke of Anjou till the death of his Uncle and now Duke of Orleans whose Revenue is 1100000 Livres Tournois besides his Appanage not yet setled Her Portion was 40000 l. Sterling her Joynture to be the same with the present Dutchess Dowager of Orleans This Princess hath issue one Daughter if she hath a Son the French King allows him 50000 Crowns yearly and the Appanage after the death of the present Duke reverts to the Crown Of the Prince Elector Palatine THere being left alive no more of the Off-spring of King Charles the First the next Heirs of the Crown of England are the Issue and Descendants of Elizabeth late Queen of Bohemia only Sister to the said King who was married to Frederick Prince Palatine of the Rhine afterwards stiled King of Bohemia whose eldest Son living is Charles Lodowick Prince Elector Palatine of the Rhine commonly called the Palsgrave from the High Dutch pfaltzgraff Palatii Comes was born the the 22th December 1617 at Heydelberg and afterwards in Holland at the Hague and at the University of Leyden was educated in a Princely manner At the age of 18 years came into England was created Knight of the Garter about two years after fought a Battel in Westphalia In the year 1637 passing incognito thorow France to take possession of Brisach upon the Rhine which the Duke Saxon Weymar intended to deliver up unto him together with the Command of his Army he was by that quick-sighted Cardinal Richlieu discovered at Moulins and thence sent back Prisoner to the Bois de Vincennes whence after 23 weeks imprisonment he was by the mediation of the King of England set at liberty In the year 1643 he came again into England and with the Kings secret consent because the King could not continue unto him the wonted Pension whilst the Rebels possest the greatest part of his Majesties Revenues made his Addresses to and abode with the disloyal part of the Lords and Commons at Westminster until the Murder of the said King and the Restauration of the Lower Palatinat according to the famous Treaty at Munster for which he was constrained to quit all his right to the Upper Palatinat and accept of an Eighth Electorship at a juncture of time when the King of England had he not been engaged at home by an impious Rebellion had been the most considerable of all other at that Treaty and this Prince his Nephew would have had the greatest advantages there In 1650 he espoused the Lady Charlotte Daughter to the Landgrave of Hessen by which Lady he hath one Son named Charles aged about 16 and one Daughter aged about 14. Of Prince Rupert NExt to the Issue of the Prince Elector Palatin is Prince Rupert born at Prague 27 Novemb. 1619 not long before that very unfortunate Battel there fought whereby not only all Bohemia was lost but the Palatin Family was for almost 30 years dispossest of all their Possessions in Germany At 13 years of age he marcht with the then Prince of Orenge to the Siege of Rhineberg afterwards in England was created Knight of the Garter At the age of 18 he commanded a Regiment of Horse in the German Wars and in a Battel being taken by the Imperialists under the Command of Count Hatzfield he continued a prisoner above three years In 1642 returning into England and made General of the Horse to the King fights and defeats Collonel Sands near Worcester routed the Rebels Horse at Edge-hill took Cirencester recovered Lichfield and Bristol raised the long Siege before Latham House fought the great Battel at Marston Moor was created Earl of Holderness and
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 Po●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. ●ut these lying deep are hard ●o come unto and Workmen ●ear which is otherwise in Po●osi Vineyards have been hereto●ore common in most of the ●outhern and Middle Parts of England and Silks might be ●ere produced as it was once ●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 ●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 ●auls subdued afterward by ●he Romans who by reason of ●●eir troubles nearer home ●ere constrained to abandon this Countrey about 400 years af●er Christ whereupon the Picts ●ahabitants of Scotland inva●●ng the Britains they call to ●●eir aid the Saxons who cha●ng away the Picts soon made themselves Masters of the Britains but these not able to en●ure the heavy yoke of the ●axons after many Battels and Attempts to recover their lost Liberties and Countrey retired ●r were driven most of them ●nto the two utmost Western ●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 Norma● and Saxon not without 〈◊〉 tincture of Danish Romish and Britain Blood The English Tongue being a● 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
by the Earl of Sandwich conducted by a Squadron of Ships to Portsmouth where the King first met her and was remarried On the 23th of August 1662 her Majesty coming by water from Hampton Court was with great Pomp and Magnificence first received by the Lord Mayor and Aldermen of London at Chelsey and thence conducted by water to Whitehall The Portion she brought with her was Eight hundred Millions of Reas or two Millions of Crusado's being about Three hundred thousand pounds Sterling together with that important place of Tangier upon the Coast of Africk and the Isle of Bombaim neer Goa in the East Indies with a Priviledge that any Subjects of the King of England may trade freely in the East and VVest Indie Plantations belonging to the Portugueses Her Majesties Joynture by the Articles of Marriage is Thirty thousand pounds Sterling per Annum and the King out of his great affection toward her hath as an addition settled upon her 10000 l. per Annum more The Queens Arms as Daughter of Portugal is Argent 5 Scutcheons Azure cross wise each Scutcheon charged with 5 Plates or Besants Argent Saltier-wise with a Point Sable the Border Gules charged with 7 Castles Or. This Coat was first worn by the Kings of Portugal in memory of a Signal Battel obtained by the first King of Portugal Don Alphonso against 5 Kings of the Moors before which Battel appeared Christ crucified in the air and a Voice heard as once to Constantine the Great In hoc signo vinces before which time the Portugal Arms were Argent a Cross Azure Queen CATHERINE is a Personage of such rare perfections of Mind and Body of such eminent Piety Modesty and other Vertues that the English Nation may yet promise all the happiness they are capable of from a Succession of Princes to govern them to the end of the World Of the Queen-Mother THe Third Person in the Kingdom is the Queen-Mother or Dowager Henretta Maria de Bourbon Daughter to the Great King Henry the Fourth Sister to the Just King Lewis the Eleventh Wife to the Pious Martyr King Charles the First Mother to our Gracious Sovereign King Charles the Second and Aunt to the present Puissant King Lewis the 14th She was born the 19th of November 1609 married first at Nostre Dame in Paris by Proxy 1625 and shortly after in the moneth of June arriving at Dover was at Canterbury espoused to King Charles the First In the year 1629. was delivered of her First born a Son that died shortly after in 1630 of her Second our present Soveraign whom God long preserve in 1631 of her Third Mary the late Princess of Orenge a Lady of admirable Vertues who had the happiness to see the King her Brother restored 6 or 7 moneths before her death In 1633 of her Fourth James now Duke of York In 1635 of her Fifth named Elizabeth who being a Princess of incomparable Abilities and Vertues died for grief soon after the murther of her father In 1636 of her Sixth named Anna who died young In the year 1640 of her Seventh Child Henry of Oatlands designed Duke of Glocester who living till above 20 being most excellently accomplished in all Princely Endowments died four moneths after the Restauration of the King In the year 1644 of her Eighth the Lady Henretta now Dutchess of Orleans In the year 1641 her Majesty fore-seeing the ensuing storm of Rebellion and seeing the groundless Odium raised already against her self timely withdrew her self with her eldest Daughter then newly married to Henry Prince of Orange into Holland whence in 1643 after a most furious storm and barbarous fierce pursuit of the English Rebels at Sea she landed at Burlington Bay with Men Money and Ammunition and soon after with a considerable Army met the King at Edgehill and thence was conducted to Oxford In April 1644 marching with competent forces from Oxford towards Exeter at Abington took her last farewel of the King whom she never saw again In July following embarkt at Pendennis Castle she sailed into France where entertained at the Charges of her Nephew the persent King of France she passed a solitary retired life until the moneth of October 1660. when upon the Restauraution of her Son to the Crown of England she came to London and having settled her Revenues here she went again with her youngest Daughter the Lady Henretta into France to see her espoused to the then Duke of Anjou now of Orleans and in the moneth of July 1662 being returned into England she settled her Court at Somerset-House where she continued till May 1665 then crossed the Seas again and hath ever since continued in France her Native Countrey She needeth no other Character then what is found in the Seventh Chapter of that inimitable Book compiled by him that knew her best Of the present Princes and Princesses of the Blood Royal of England THe First Prince of the Blood in France called Monsieur sans queue is the Most Illustrious Prince James Duke of York Second Son to King Charles the Martyr and only Brother to the present King our Soveraign He was born Octob. 14. 1633 and forth-with proclaimed at the Court Gates Duke of York the 24th of the same moneth was baptized and afterward committed to the Government of the then Countess of Dorset The 27th of July 1643 at Oxford was created by Letters Patents Duke of York though called so by special command from his Birth without those Solemnities the iniquity of the times not admitting thereof that were used to the King his Father 1605 when being Second Son to King James and so Duke of Albany in Scotland was created Duke of York with the preceding Solemn Creation of divers young Noblemen to be Knights of the Bath and the Robes of State put upon him the Cap of State on his Head and the Golden Rod into his Hand the Prime Nobility and Heralds assisting at that Ceremony After the Surrender of Oxford his Royal Highness was in 1646 conveyed to London by the then prevailing disloyal part of the Two Houses of Parliament and committed with his Brother Glocester and Sister Elizabeth to the care of the Earl of Northumberland In 1648 aged about 15 was by Colonel Bampfield conveyed in a disguise or habit of a Girle beyond Sea first to his Sister the Princess Royal of Orenge in Holland and afterward to the Queen his Mother then at Paris where he was carefully educated in the Religion of the Church of England and in all Exercises meet for such a Prince About the Age of 20 in France he went into the Campagne and served with much Gallantry under that great Commander the Protestant Mareschal de Turenne for the French King against the Spanish forces in Flanders Notwithstanding which upon a Treaty between the French King and Cromwell in 1655 being obliged with all his retinue to leave the French Dominions and invited into Flanders by Don Juan of Austria he there served
Duke of Cumberland after the extinction of the Male Line of the Cliffords Finally the Kings forces at land being totally defeated he transported himself into France and was afterward made Admiral of such Ships of War as submitted to King Charles the Second to whom after divers disasters at Sea and wonderful preservations he returned to Paris 1652 where and in Germany sometimes at the Emperours Court and sometimes at Heydelberg he passed his time in Princely Studies and Exercises till the Restauration of his Majesty now raigning after which returning into England was made a Privy Counsellour in 1662 and in 1666 being joyned Admiral with the Duke of Albemarle first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the Enemy soon to flight He enjoys a Pension from his Majesty of 4000 l. per Annum After Prince Rupert the next Heirs to the Crown of England are 3 French Ladies Daughters of Prince Edward lately deceased who was a younger Son of the Queen of Rehemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. Sterling a year After these is the Princess Elizabeth eldest Sister living to the Prince Elector Palatin born 26 Decemb. 1618. unmarried and living in Germany The next is another Sister called the Princess Louisa bred up at the Hague with the Queen her Mother in the Religion of the Church of England at length embracing the Romish Religion is now Lady Abbess of Maubisson at Ponthoise not far from Paris Last of all is the Princess Sophia youngest Daughter to the Queen of Bohemia born at the Hague 1630. and in 1659 wedded to John Duke of Lunenberg and Free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters Of these three Princesses it is said that the first is the most learned the second the greatest Artist and the last one of the most accomplisht Ladies in Europe Of the Great Officers of the Crown NExt to the King and Princes of the Blood are reckoned the Great Officers of the Crown whereof there are Eight viz. the Lord High Chancellour the Lord High Treasurer the Lord Privy Seal the Lord High Admiral the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Steward for the time being First the Lord High Chancellour Summus Cancellarius so called because all Patents Commissions Warrants coming from the King and perused by him are signed if well or cancelled if amiss He is after the King and Princes of the Blood in Civil Affairs the highest Person in the Kingdom as the Archbishop of Canterbury is in Ecclesiastical Affairs His Office is to keep the Kings Great Seal to judge not according to the Common Law as other Civil Courts do but to moderate the rigour of the Law and to judge according to Equity Conscience or Reason His Oath is to do right to all manner of People poor and rich after the Laws and Customs of the Realm and truly counsel the King to keep secret the Kings Counsel nor suffer so far as he may that the Rights of the Crown be diminisht c. From the time of Henry 2. the Chancellours of England have been ordinarily made of Bishops or other Clergy-men learned in the Civil Laws till Henry 8. made Chancellour one Richard Rich a Common Lawyer from whom is descended the present Earl of Warwick and the Earl of Holland since which time there have been some Bishops but most Common Lawyers This High Office is in France durante vitâ but here is durante beneplacito Regis The Salary from the King is 848 l. per Annum and when the Star-Chamber was up 200 l. per Annum more for his Attendance there The Lord Chancellour or Lord Keeper who differ only in Name is created per traditionem magni Sigilli sibi per dominum Regem and by taking his Oath The Great Seal being lately taken from Edward Earl of Clarendon Lord Chancellour was by his Majesties great favour bestowed upon Sir Orlando Bridgeman with the Title of Lord Keeper of the Great Seal of England The next Great Officer of the Crown is the Lord High Treasurer of England who receives this high Office by delivery of a White Staffe to him by the King and holds it durante beneplacito Regis Antiently he received this Dignity by the delivery of the Golden Keys of the Treasury His Oath is little different from that of the Lord Chancellour He is Praefectus Aerarii a Lord by his Office under whose Charge and Government is all the Kings Revenue kept in the Exchequer He hath also the check of all the Officers any way emploied in collecting Imposts Customs Tributes or other Revenues belonging to the Crown He hath the gift of all Customers Controllers and Searchers in all the Ports of England He hath the nomination of the Escheators in every County and in some Cases by Statute is to appoint a Measurer for the length and breadth of Clothes He with others joyned in Commission with him or without letteth Leases of all the Lands belonging to the Crown He giveth Warrants to certain Persons of Quality to have their Wine Custom free The Annual Salary of the Lord High Treasurer is in all 383 li. 7s 8d per Annum Since the decease of Thomas Wriothesly last Earl of South-hampton and last Lord High Treasurer of England this Office hath been executed by a Commission granted to five eminent Persons viz. the Duke of Albemarle Lord Ashley Sir Thomas Clifford Sir Will. Coventry and Sir John Duncomb The Third Great Officer of the Crown is the Lord Privy Seal who is a Lord by his Office under whose hands pass all Charters and Grants of the King and Pardons signed by the King before they come to the Great Seal of England also divers other matters of less Concernment as for payments of money c. which do not pass the Great Seal He is by his Place of the Kings Privy Council and Chief Judge of the Court of Requests when it shall be re-continued and besides his Oath of Privy Counsellour takes a particular Oath as Lord Privy Seal His Salary is His Place according to Statute is next to the Lord President of the Kings Council It is an Office of great Trust and Skill that he put not this Seal to any Grant without good Warrant under the Kings Privy Signet nor with Warrant if it be against Law or Custom until that the King be first acquainted This great Officer is mentioned in the Statutes of 2 Rich. 2. and then ●anked amongst the Chief Persons of the Realm And is at present enjoyed by John Lord Robarts Baron Robarts of Truro The Fourth Great Officer of the Crown is the Lord
High Admiral of England whose Trust and Honour is so great that this Office hath usually been given either to some of the Kings younger Sons near Kinsmen or to some one of the highest and chiefest of all the Nobility He is called Admiral from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Greek that is Praefectus Marinus a word borrowed from the Eastern Empire where such kind of compounds were much in re-request and introduced into England after the Wars in the Holy Land by King Richard or King Edward 1. The Patent of the Lord Admiral did anciently run thus Angliae Hiberniae Aquitaniae Magnus Admirallus but at present thus Angliae Hiberniae ac Dominiorum Insularum earundem Villae Callesiae Marchiarum ejusdem Normandiae Gasconiae Aquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum To the Lord High Admiral of England is by the King intrusted the management of all Marine Affairs as well in respect of Jurisdiction as Protection He is that High Officer or Magistrate to whom is committed the Government of the Kings Navy with Power of decision in all Causes Maritime as well Civil as Criminal of all things done upon or beyond the Sea in any part of the World all things done upon the Sea Coasts in all Ports and Havens and upon all Rivers below the first Bridge next toward the Sea The Lord Admiral hath the power to commissionate a Vice-Admiral a Reer Admiral and all Sea Captains also Deputies for particular Coasts Coroners to view dead bodies found on the Sea Coasts or at Sea Commissioners or Judges for exercising Justice in the Court of Admiralty to imprison release c. He hath sometimes a power to bestow Knighthood to such as shall deserve it at Sea To the Lord Admiral belongs by Law and Custom all penalties and amercements of all Transgressors at Sea on the Sea Shore in Ports and from the first Bridge on Rivers towards the Sea also the Goods of Pyrats Felons or Capital Faulters condemned outlawed or horned Moreover all Waifs Stray Goods Wrecks of Sea Deodands a share of all lawful Prizes Lagon Jetson and Flotson as the Mariners term them that is Goods lying in the Sea on Ground Goods floting on the Sea and Goods cast by the Sea on the Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea Hogs and other Fishes of extraordinary bigness called Royal Fishes except only Whales and Sturgeons This High Dignity is at present enjoyed by the Kings only Brother the Illustrious Prince James Duke of York The Fifth Great Officer of the Crown is the Lord Great Chamberlain of England an Officer of great Antiquity to whom belongs Livery and Lodging in the Kings Court and certain Fees due from each Archbishop and Bishop when they do their Homage or Fealty to the King and from all Peers of the Realm at their Creation or doing the Homage or Fealty and at the Coronation of any King to have 40 Ells of Crimson Velvet for his own Robes and on the Coronation day before the King riseth to bring him his Shirt Coyfe Wearing Clothes and after the King is by him apparelled and gone forth to have his Bed and all Furniture of his Bed-Chamber for his Fees all the Kings Night Apparel and to carry at the Coronation the Coyfe Gloves and Linnen to be used by the King upon that occasion also the Sword and Scabberd and the Gold to be offered by the King and the Robe Royal and Crown and to undress and attire the King with his Robes Royal and to serve the King that day before and after Dinner with water to wash his hands and to have the Basin and Towells for his Fees c. This Honour was long enjoyed by the Earls of Oxford from the time of Hen. 1. by an Estate Tayle or Inheritance but in the two last Coronations by the Earls of Lindsey and that by an Estate of Inheritance from a Daughter or Heir General claimed and controverted The Sixth Great Officer is the Lord High Constable of England so called some think from the Saxon Cuning by contraction King and Stable quasi-Regis columen for it was antiently written Cuningstable but rather from Comes Stabuli whose Power and Jurisdiction was antiently so great that after the death of Edward Bohun Duke of Buckingham 1521 the last High Constable of England it was thought too great for any Subject But since upon occasion of Coronations as at that of King Charles 2. was made the present Earl of Northumberland and at Solemn Trials by Combat as at that which was intended between Rey and Ramsey 1631 was made Robert Earl of Lindsey there is created pro hac vice a Lord High Constable His Power and Jurisdiction is the same with the Earl Marshal with whom he sits Judge in the Marshals Court and takes place of the Earl Marshal The Seventh Great Officer of the Crown is the Earl Marshal of England so called from Mare in the old Saxon i.e. Horses and Schal Praefectus He is an Earl some say by his Office whereby he taketh as the Constable doth Cognisance of all matters of War and Arms determineth Contracts touching Deeds of Arms out of the Realm upon Land and matters concerning Wars within the Realm which cannot be determined by Common Law This Office is of great Antiquity in England and antiently of great Power The last Earl Marshal was Henry Howard Earl of Arundel who died in 1652 his Father Thomas Earl of Arundel and he enjoying that Office onely for the Term of their lives by the Kings Letters Patents At the Coronation of His Majesty now raigning the present Earl of Suffolk for that Solemnity only was made Earl Marshal The Eighth and last Great Officer of the Crown is the Lord High Steward of England quasi Stedeward Locum tenens the Kings Lieftenant in Lawyers Latin Seneschallus of Sen in Saxon Justice and Schals Governour or Officer His Power antiently in Civil Matters was next to the King and was so transcendent that it was thought fit not longer to trust it in the hands of any Subject for his Office was Supervidere regulare sub Rege immediatè post Regem as an antient Record speaks totum Regnum Angliae omnes ministros Legum infra idem regnum temporibus pacis guerrarum The last that had a State of Inheritance in this High Office was Henry of Bullinbrook Son and Heir to the great Duke of Lancaster John of Gaunt afterwards King of England since which time they have been made only hâc vice to officiate at a Coronation by vertue of which Office he sitteth judicially and keepeth his Court in the Kings Palace at Westminster and there receiveth the Bills and Petitions of all such Noblemen and others who by reason of their Tenure or otherwise claim to do Services at the New Kings Coronation
be verified of Religion and Gods Service amongst us The time thereof may be Threescore years and ten if it continue till Fourscore it will be but small joy to those that shall then behold the Condition of the English Church and the best read Historian cannot produce one example of a happy State where the Clergy hath been exposed to the peoples Contempt which must needs happen where their Benefices their Maintenance is scandalous and their Persons despicable It is the last Trick saith St. Gregory that the Devil hath in this World when he cannot bring the Word and Sacraments in disgrace by Errours and Heresies he invented this Project to bring the Clergy into contempt and low esteem as it is now in England where they are accounted by many as the dross and refuse of the Nation Men think it a stain to their blood to place their Sons in that Function and Women ashamed to marry with any of them whereas antiently in England as among the Jews the Tribe of Levi was counted Noble above all other Tribes except that of the Royal Tribe of Judah the Function of the Clergy was of so high account and esteem that not only the best Gentry and Nobility but divers of the Sons and Brothers of divers of our English Kings since the Conquest and before disdained not to enter into Holy Orders and to be Clergy-men as at this day is practised in most other Monarchies of Christendome Ethelwolph Son and Successor to Egbert first sole King of England was in Holy Orders and Bishop of Winchester at his Fathers death Odo Bishop of Bayeux in Normandy was Brother to William the Conquerour Henry de Blois Brother to King Stephen was Bishop of Winchester Geofry Plantagenet Son to Henry 2 was Bishop of Lincoln Henry de Beaufort Brother to Henry the 4th was Bishop also of Winchester And of later Times that most prudent Henry 7 had designed his second Son to be a Clergyman to omit many others of Noble Blood Which Policy is still observed even amongst the few Families of the Romish Religion in England wherein are to be found at this day some Brothers or Sons of Dukes Marquisses Earls and Barons in Holy Orders and all the rest of the Stock of Baronets Knights or Gentry and for this cause find respect not only amongst those of their own Opinions but even of the more sober moderate and best civilized Protestants Whilst this Policy lasted in England the Clergy were judged the fittest Persons to execute most of the Chief Offices and Places of the Kingdom according to the Divine Policy amongst Gods peculiar People where the Priests and Levites were the Principal Officers and Judges in every Court to whom the People were to be obedient on pain of death and the Laity did with much reverence and respect submit to them And as then Os Sacerdotis Oraculum erat plebis according to that of Malachi 2. 7. So Os Episcopi Oraculum erat Regis Regni Rex amplectabatur universum Clerum lata fronte ex eo semper sibi eligebat primos a Consiliis primos ad officia Regni obeunda Primi igitur sedebant in omni Regni Comitiis Tribunalibus Episcopi in Regali quidem Palatio cum Regni Magnatibus in Comitatu una cum Comite in Turno cum Vicecomite in Hundredo cum Domino Hundredi sic ut in promovenda Justitia usquequaque gladius gladium adjuvaret nihil inconsulto Sacerdote vel Episcopo ageretur And because the Weal of the Kingdom and the Service of the King depended so much upon them and their presence for that end so oft required at London it was judged expedient that every Bishoprick should have a Palace or House belonging to it in or about London and it is known at this day where stood the Houses of every one except that of St. Asaph which also might probably have had one but more obscure than some other that Bishoprick having been as still very mean Great was the Authority of the Clergy in those dayes and their Memory should be precious in these dayes if we consider that they were the Authors of so great benefits and advantages to this Kingdom that there are few things of any importance for promoting of the welfare of this Church and State wherein the Bishops and Prelats under God have not been the Principal Instruments The Excellent Laws made by King Ina King Athelstan King Edmund and St. Edward from whom we have our Common Laws and our Priviledges mentioned in Magna Charta were all made by the perswasions and advice of Bishops and Archbishops named in our Histories The Union of the 2 Houses of York and Lancaster whereby a long and bloody War was ended was by the most wise Advice and Counsel of Bishop Morton then a Privy Councellour The Union of England and Scotland that inexpressible advantage to both Nations was brought to pass by the long fore-sight of Reverend Bishop Fox a Privy Councellour in advising Henry the 7th to match his Eldest Daughter to Scotland and his Younger to France Most of the Great Publick Works now remaining in England acknowledge their antient and present being either to the sole Cost and Charges or to the liberal Contributions or at least to the powerful Perswasions of Bishops as most of the best endowed Colledges in both our Vniversities very many Hospitals Churches Palaces Castles have been founded and built by Bishops even that famous chargeable and difficult Structure of London-Bridge stands obliged to the liberal Contributions of an Archbishop and it was a Bishop of London at whose earnest request William the Conquerour granted to the City of London so large Priviledges that in a grateful remembrance thereof the Lord Mayor and Aldermen to this day upon some solemn dayes of their resort to St. Pauls Church do go in Procession to the Grave Stone where that Bishop lies interred But above all The Converting England to the Christian Religion the Reforming that Religion when corrupted and since that the maintenance of the Doctrine thereof against all Romish Writers and of the Discipline thereof none of the least good Offices against all the Practices and Power of the Puritan and Presbyterian Factions and all those other Sectaries lineally descended from them all this and more is owing if not solely yet principally to Bishops and Prelats by the late want of whom to sit at the Stern how soon was this goodly Vessel split upon the Rocks of Anarchy and Confusion Even since the late Restauration of Bishops to set down the many considerable Publick Benefits flowing from them and other Dignified Clergy would tire the Reader What Sums of Money have been by them expended in repairing Cathedral Churches Episcopal Houses in founding and building Hospitals in Charity to poor Widdows of Clergymen utterly ruined by the late Rebels for redeeming of poor Christian Slaves at Algier what publick and private Sums for supplying the Kings Necessities at his
but to have expedition of Justice At the beginning of Parliament when the Oath of Supremacy is exacted of all those of the House of Commons yet is it not reqnired of any of the Lords because the King is otherwise assured of their Loyalty and Fidelity as is presumed In all Cases wherein the Priviledge of Clergy is allowed to other men and also in divers Cases where that Priviledge is taken away from other men every Peer of the Realm having Place and Voice in Parliament shall upon his Request by Stat. 1. Ed. 6. without burning in the hand loss of Inheritance or corruption of Blood be adjudged for the first time as a Clerk convict though he cannot read All Barons of England are exempted from all attendance at Sherives Turns or any Leets as others are to take the Oath of Allegeance A Peer cannot be outlawed in any Civil Action because he cannot be arrested by any Capias and by the same reason lies no Attachment against him By the Custom of England as is by the Law of the Empire Nobiles non torquentur in quibus plebeii torquerentur Nobiles non suspenduntur sed decapitantur yet this by the meer favour of the King and in some cases especially of Felony hath been otherwise sometimes For the suppressing of Riots and Routs the Sheriff may raise the Posse Comitatus that is ●all able men are to assist him yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service A Baron of Parliament being sent for by the Kings Writ or Letter or by his Messenger to come to Court or to Parliament or to appear before the Council-Board or in his Court of Chancery may both coming and returning by the Kings Forest or Park kill one or two Deer In any Civil Trial where a Peer of the Realm is Plaintiff or Defendant there must be returned of the Jury at least one Knight otherwise the Array may be quasht by Challenge The Laws of England are so tender of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose to prohibit all offence by false reports whereby any scandal to their persons may arise or debate and discord between them and the Commons and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm it is called Scandalum Magnatum If a Peer of the Realm appear not upon a Subpena yet may not an Attachment be awarded against him as it may against a common person though of later times the practice hath been otherwise The House of a Peer cannot in some Cases as in search for Prohibited Books for Conventicles c. be en●●red by Officers of Justice without a Warrant under the Kings own hand and the hands of 6 of his Privy Council whereof 4 to be Peers of the Realm No Peer can be assessed towards the standing Militia but by 6 or more of themselves The Law allowing any one of the Commonalty to be ar●aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause and others by shewing cause yet allows not a Peer of the Realm to challenge any of his Jury or to put any of them to their Oath the Law presuming that they being all Peers of the Realm and judging upon their Honour cannot be guilty of Falshood o● Favour or Malice All Peers of the Realm have a Priviledge of qualifying a certain number of Chaplains who after a Dispensation from the Archbishop if to him i● seem good and the same ratified under the Great Seal of England may hold Plurality of Benefices with Cure of Souls In this manner every Duke may qualifie 6 Chaplains every Marquiss and Earl 5 apiece every Vicount 4 and every Baron 3. A Peer of the Realm may retain 6 Aliens born whereas another may not retain above 4. In Case of Amercements of the Peers of the Realm upon Non-suits or other Judgements a Duke is to be amer●ed only 10 pounds and all under only 5 l. and this to be done by their Peers accord●ng to Magna Charta al●hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm be●ng constant hereditary Councellours of the King in his Great Council of Parliament and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges are priviledged from contributing to the Expences of any Member of the House of Commons for which no levy may be made upon any of their Lands parcel of their Earldoms or Baronies any of their antient Demesnes Copyhold or Villain Tenants The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages satisfaction is to be sought by Execution taken forth upon their Lands and Goods and not by Attachments Imprisonments of their Persons those are to be alwayes free for the Service of the King and Kingdome no● by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8● Tun of Wine Custome free to every Earl and to the rest proportionably c. Notwithstanding these great Priviledges belonging to the Nobility of England yet the greatest of them no not the Brother or Son of the King ever had the Priviledge of the Grandees of Spain to be covered in the Kings Presence except only Henry Ratcliffe Earl of Surrey as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France whose Domain Lands and their Dependants holding them are exempted from all Contributions and Tailles whereby they are tied to their King and so enabled to serve him that although Rebellions are frequent yet seldome of long continuance and never prosperous whereas the highest born Subject of England hath herein no more Priviledge than the meanest Plowman but utterly want that kind of reward for antient Vertue and encouragement for future Industry Touching the Places or Precedences amongst the Peers of England it is to be observed that after the King and Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no● farther Dukes amongst the Nobility have the first place then Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Vicounts Earls eldest Sons Marquisses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons Here note That it was decreed by King James that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter quate●us tales and to all Privy Councellours Master of the Wards Chancellour and Under Treasurer of the Exchequer Chancellour of the Dutchy Chief Justice of the Kings Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and all other Judges and Barons of the Degree of the Coise of the said Courts
Garter upon the Left Leg upon pain of paying 2 Crowns to any Officer of the Order who shall first claim it onely in taking a Journey a Blew Ribon under the Boot doth suffice Upon the Left Shoulder upon Cloak Coat or Riding Cassack in all places of Assembly when they wear not their Robes they are to wear an Escutcheon of the Arms of St. George that is a Cross with a Garter and this by an Order made April 1626. That Ornament and Embellishment about the said Escutcheon now worn and called the Star or rather the Sun in its glory was at the same time enjoyned The The greatest Monarchs of Christendome have been enrolled and have taken it for an Honour to be of this Order There have been of this Order since the Institution 8 Emperours 25 or 26 Forreign Kings besides many Soveraign Princes c. The Fellows and Companions of the Most Noble Order of St. George are at present these that follow ranked according as they are seated in their several Stalls at Windsor IN the first Stall on the right hand is the Soveraigne of the Order King Charles the Second who is Patron and Sole Disposer of the Order The Stall opposite to His Majesty is now void In the other Stalls on the Sovereign Side are thus placed these that follow 2 The Duke of York 3 Prince Rupert 4 Marquiss of Brandenbourgh 5 Earl of Salisbury 6 Earl of Northumberland 7 Duke of Buckingham 8 Earl of Bristol 9 Count Marsin 10 Earl of Sandwich 11 Duke of Richmond 12 Earl of Strafford 13th Stall is void On the other side opposite to these afore-named are placed in this Order these that follow 2 Prince Elector Palatine 3 Prince of Orenge 4 Prince of Denmark 5 Earl of Berkshire 6 Duke of Ormond 7 Duke of Newcastle 8 Prince of Tarent 9 Duke of Albemarle 10 Earl of Oxford 11 Earl of Manchester 12 Duke of Monmouth 13th Stall on this Side also is void The whole number of Fellows of this Order is not to exceed 26. In the next place are Knights Bannerets Equites Vexilliferi antiently a high Honour now obsolete there being at this time none of this Order in England These may bear Supporters of their Arms and none under this Degree Knights of the Bath so called of their Bathing used before they are created The first of this sort were made by Henry 4th Anno 1399. They are now commonly made at the Coronation of a King or Queen or Installation of 〈◊〉 Prince of VVales They wea● a Scarlet Ribon Belt-wise They are still made with much Ceremony too long here to be described Other Knights called Equites Aurati from the Gilt Spurs usually put upon them and Knights Batchelors quasi Baschevaliers Knights of lower Degree So Bachelors in Arts or Divinity quasi Low Knights or Servitors in Arts. These were antiently made by girding with a Sword and Gilt Spurs and was bestowed onely upon Sword men for their Military Service and was re●uted an excellent and glorious Degree and a Noble Reward ●or Courageous Persons but ●f late being made more common and bestowed upon ●own Men contrary to the ●ature of the thing as Degrees ●n the University are sometimes ●estowed upon Sword men it ●s become of much less reputa●ion Yet amongst Gown men 〈◊〉 is given only to Lawyers and ●hysitians and not to Divines ●ho may as well become that Dignity and be Spiritual Knights as well as Spiritual Lords These are now made with no other Ceremony but kneeling down the King with a drawn Sword lightly toucheth them on the Shoulder after which heretofore the King said in French Sois Chevalier au nom de Dieu and then Avances Chevalier When a Knight is to suffe● death for any foul Crime hi● Military Girdle is first to be ungirt his Sword taken away hi● Spurs cut off with an Hatchet● his Gantlet pluckt off and hi● Coat of Arms reversed Next amongst the Lowe● Nobility are Esquires so called from the French word Escuyers Scutigeri because they were wont to bear before the Prince in War or before the better sort of Nobility 〈◊〉 Shield or else perhaps because they bear a Coat of Arms as Ensigns of their descent and by our Lawyers are called Armigeri Of this Title are first all Vicounts eldest Sons and all Vicounts and Barons younger Sons and by the Common Law of England all the Sons of Earls Marquisses and Dukes are Esquires and no more Next are the Esquires of the Kings Body mentioned among the Officers of the Kings Court after these are reckoned Knights eldest Sons and their eldest Sons for ever then younger Sons of the elder Sons of Barons next Esquires created by the King by putting about their Necks a Collar of Esses and bestowing on them a pair of Silver Spurs Lastly any that are in superiour Publick Office for King or State are reputed Esquires or equal to Esquires as Justices of the Peace Mayors of Towns so Councellours at Law Batchelors of Divinity Law or Physick although none of them really are so In the last place among th● lower Nobility are accounted the Gentry of England that have no other Title but are descended of antient Families that have alwayes born a Coa● of Arms. This Kind of Honour is derived from the Germans to the rest of Christendome and was never known in any Countrey where the German Customs were unknown as in Asia Africa and America The Germans antiently warring oft amongst themselves painted their Scutcheons with the Picture of some Beast Bird or other thing for distinction and put some eminent and visible Mark upon the Crest of their Helmets and this Ornament both of Arms and Crest descended by inheritance to their Children to the eldest pure and to the rest with some note of distinction such as the Old Master of Ceremonies in High Dutch Here-alt now Herald thought fit Gentlemen well descended and well qualified have alwayes been of such repute in England that none of the higher Nobility no nor the King himself have thought it unfitting to make them sometimes their Companions The Title of Gentleman in England as of Cavalier in France Italy and Spain is not disdained by any Nobleman All Noblemen are Gentlemen though all Gentlemen are not Noblemen The State of Gentry was antiently such that it was accounted an abasing of Gentry to put their Sons to get their Living by Shop-keeping and our Law did account it a disparagement of a Ward in Chivalry to be married to a Shop-keepers Daughter or to any meer Citizen for Tradesmen in all Ages and Nations have been reputed ignoble in regard of the doubleness of their Tongue without which they cannot grow rich for Nihil proficiunt nisi admodum mentiuntur as Tully observed and therefore amongst the Thebans no man was admitted to places of Honour or Trust unless he had left off trading ten years before So by the Imperial Laws a Tradesman is not capable of any
Honourable Estate nor to be a Commander over Souldiers and therefore the English Nobility and Gentry till within late years judged it a stain and diminution to the honour and dignity of their Families to seek their Childrens support by Shop-keeping but only as in all great Monarchies by Military Court State or Church Emploiments much less to subject their Children to an Apprentisage a perfect Servitude for during that time whatever they gain by their Masters Trade or their own wit belongs all to their Master neither can they lie our of their Masters House no● take a Wife nor trade of their own but subject to all Houshold Work all Commands o● their Master undergo what punishment and eat and wear what their Master pleaseth which Marks of Slavery considered Heralds are of opinion that a Gentleman thereby loses his Gentility for ever till he can otherwise recover it and yet to the shame of our Nation we have seen of fare not onely the Sons of Baroners Knights and Gentlemen sitting in Shops and sometimes of Pedling Trades far more fit for Women and their Daughters but also an Earl of this Kingdom subjecting his Son to an Apprentisage and Trade but the folly of the English in swerving from their Ancestors steps herein as in other things is now apparent for those young Gentlemen possessing more noble and active Spirits could not brook such dull slavish lives and being thereby unfitted for other emploiments have generally taken ill debauched courses Priviledges The lower Nobility of England have fewer and lesse Priviledges than those in other Monarchies Some few Priviledges belong to Knights quatenus Knights 〈◊〉 a Knight be a Minor yet shall he be out of Wardship both for Lands Body and Marriage for though the Law doth judge him not able to do Knights Service till the Age of 21 years yet the King being Sovereign and Supreme Judge of Chivalry by dubbing him Knight doth thereby allow him to be able to do him Knights Service Knights are excused from attendance at Court-Leets They and their eldest Sons not compellable to find Pledges at the Visus Franci Plegii Knights by Magna Charta cap. 21. are so freed that no Demesne Cart of theirs may be taken The Son and Brother of a Knight by Statute law are capacitated to hold more than one Beenfice with cure of Souls By the Stat. Primo Jacobi It seems that Knights and their Sons though they cannot spend 10 l. per annum nor are worth 200 l. may keep Greyhounds Setting Dogs or Nets to take Pheasants or Partridges Some Priviledges also be●ong to Gentlemen Antient●y if an ignoble person did ●trike a Gentleman in England he was to lose his hand A Gentleman by Stat. Quint. Eliz. may not be com●elled to serve in Husbandry The Child of a Gentleman ●rought up to singing cannot ●e taken without the Parents ●nd Friends consent to serve ●n the Kings Chappel as others may The Horse of a Gentleman may not be taken to ride post Note That as there are som● Great Officers of the Crown● who for their Dignity an● Worth of their Places although they are not Noble men yet take place among● the highest of the Higher Nobility so there are some Persons who for their Dignities in the Church-degrees i● the University Offices in th● State or Army although th● are neither Knights nor Gentlemen born yet take place amongst them So all Dean● Archdeacons Chancellours Prebends Doctors of Divinity Law and Physick Heads of Houses in the University usually take place nex● to Knights and before all Esquires and Gentlemen Likewise all Judges of Courts Mayors Bailiffs Justices of the Peace All Commissionated Officers in the Army as Colonels Master of Artillery Quarter-Master General c. All higher Officers in the Kings Court or State All Sergeants at Law c. These are wont to precede Esquires All Batchelors of Divinity Law and Physick all Doctors in the Arts commonly called Masters of Art all Barresters in the Innes of Court all Captains Officers in the Kings Houshold c. may equal if not precede Gentlemen that have none of those qualifications In England Gentry as in Germany all Nobility and Arms are held in Gavelkind descending to all the Sons alike only the eldest Son beareth Arms without difference which the younger may not Of the low Nobility in England the number is so great that there are reckoned at present above 500 Baronets more than the first intended number that is in all above 700 who are possest one with another of about 1200 l. a year in Lands Of Knights above 1400 who one with another may have about 800 l. Lands a year Of Esquires and Gentlemen above 6000 each one possest one with another of about 400 l. a year in Lands besides younger Brothers whose number may amount to about 16000 in all England who have small Estates in Lands but are commonly bred up to Divinity Law Physick to Court and Military Emploiments but of late too many of them to Shop-keeping The Lands in the possession of the lower Nobility will amount to about four Millions and sixty thousand pounds yearly Next to the lower Nobility and the first Degree of the Commons or Plebeans are the Freeholders in England commonly called Yeomen from the High Dutch Gemen or Gemain in English Common so in the Kings Court it signifieth an Officer which is in a middle place between a Sergeant and a Groom or else from the Low Dutch Yeman Some-body as the Spaniard calls a Gentleman Hidalgo Hijo d' algo that is the Son of Some-body The Yeomanry of England having Lands of their own to a good value and living upon Husbandry are lookt upon as not apt to commit or omit any thing that may endanger their Estates and Credits nor apt to be corrupted or suborned c. wherefore they are judged fit to bear some Offices as of Constable Churchwarden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire for Parliament c. In Cases and Causes the Law of England hath conceived a better opinion of the Yeomanry that occupy Lands then of Tradesmen Artificers or Labourers Husbandry hath in no age rendred a Gentleman ignoble nor uncapable of places of Honour Amongst the Romans some of the greatest Dictators and Consuls had been once Husbandmen and some of them taken from Plowing their Ground to bear those Highest Offices and Dignities so divers Princes Kings and Emperours have exercised Agriculture and the Grand Scip●o and the Emperour Dioclesian left their Commands to enjoy Husbandry By the Statutes of England certain Immunities are given to Freeholders and landed men though they are not Gentlemen Vide Stat. 1 Jacobi cap. 27. alibi Of the Free-holders in England there are more in number and richer than in any Countrey of the like extent in Europe 40 or 50 l. a year a piece is very ordinary 100 and 200 l. a year in some Counties is not rare Besides these
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 sib● 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