large Town seated upon two Rivers the Skerne and a Rivulet that runs there into it Over the first which falls within 2 miles into the Tees it has a fair Stone-Bridge Not far from hence at Oxenhall are 3 Pits called Hell-Kettles of a wonderful depth supposed to come of an Earthquake that hapned in the Year 1179. 'T is said of Bishop Tunstall of this Diocese that he took a Goose which he markt and put into one of the Pits and the same Goose was found afterwards in the River Tees Bernard Castle is seated in a Bottom on the River Tees and adjoyning to Marwood Park 'T is but an indifferent Town and of chief note for Stockings here made Bishop Aukland is pleasantly seated on the side of a Hill between the Ware over which it has a Bridge and a Rivulet that runs into it This is a neat Town and noted for its good Air. But that which adds much to its Reputation is its stately Castle the Bishops Summer Pallace beautifully repaired by Dr. Cosins the late Bishop of Durham and a fine Chappel raised by the same Bishop from its Ruins Sunderland is a Sea-Town on the Mouth of the River Ware Called Sunderland because by the Working of the Sea it is in a manner pulled from the rest of the Land it being at high Water invironed on all sides with the Sea This is a noted Place for its Sea-Coal Trade but chiefly for giving the Title of Earl first to Emanuel Lord Scrope of Bolton and Lord President of the North created Earl of Sunderland by King Charles I. Anno 1627. Upon whose Death without lawful Issue the Title was bestowed by the same King upon Henry Lord Spencer of Wormleighton in the Year 1643. Who being slain the same Year at the first Newberry Fight the Title fell to Robert his Son and Heir the present Earl of Sunderland Stainthorp or Staindrop ly's but 5 miles East-North-East from Bernard Castle among Parks and on a Rivulet that runs from thence into the Tees And not far from it is another Castle called Raby-Castle which King Canute gave to the Church of Durham with the Lands about it But besides the said Market-Towns here is in the South-East Parts Stockton and Billingham noted for their strong Ale And further Northward Hartlepool that stands upon a Neck of Land shooting forth into the Sea which surrounds it on all sides except Westward On the Mouth of the River Tine you will find Sheals where the New-Castle Coal-Fleet takes its Cargo A little higher stands Jarrow noted for being the Birth place of the Venerable Beda And over against Newcastle Gateshead or Gateside the Receptacle of those numerous Men that work in the Coal-pits Men that rake their mean Subsistence from the very Bowels of the Earth This County was formerly called St. Cuthberts Patrimony from S. Cuthbert the Raiser of Durham whose Episcopal See was removed hither from Lindisfarn or Holy Island on the Coast of Northumberland A Saint for whom several of the Saxon Kings and after them Canute the Dane had so great a Veneration that upon him and his Successors in that See was all the Country between Tees and Tine conferred by Alfred King of England Which his Donation was confirmed and in part increased by his Successors Edward Athelstan and Canute the Dane So fortified it was with Priviledges and Royal Grants that at the coming in of the Norman Conquerour the Bishop was reputed for a Count Palatine and did ingrave upon his Seal an armed Knight holding a naked Sword in one hand and in the other the Bishops Arms. Nay it was once adjudged in Law that the Bishop was to have all Forfeitures and Escheats within the Liberties as the King had without In short the Bishops hereof had the Royalty of Princes having their own Courts of Judicature both for Civil and Criminal Causes and covning their own Coin But these exorbitant Priviledges and Immunities were in part impaired by a Statute under Henry VIII and altogether with the Lands and whole Rights thereof conferred upon the Crown by Act of Parliament in the last Year of the Reign of Edward VI. To conclude when England was divided into seven Kingdoms this County was Part of that of Northumberland And the Inhabitants of it as well as those of most part of the North besides were called Brigantes by the ancient â—omans Out of it are elected besides the two Knights of the Shire but two Members to serve in Parliament for which Durham has the Right of Election Essex ESSEX another Maritime County has for its Bounds Eastward the German Ocean Westward Hartfordshire and Middlesex Northward the County of Suffolk and Southward the County of Kent This is a pretty large County being in Length about 45 miles in Breadth 36. The Whole divided into 20 Hundreds wherein 45 Parishes and 21 Market-Towns The same is abundantly irrigated both with great and small Rivers For besides the Thames which severs it from Kent the Stower from Suffolk and the Lea from Middlesex here is the Coln the Chelmer the Crouch and the Roding with several others in all which are great plenty of Fish Here the Air is very Temperate but down in the Hundreds towards the Sea-side it is very Aguish The Soil for the most part is good and in some Parts so fruitful that according to the Author of Englands Remarqnes after 3 Years Glebe of Saffron the Land for 18 years more will yield plenty of Barley without any Manuring with Dung or the like and then bear Saffron again One Acre of this Ground which is most in the North Part of the County will yield 80 or 100 weight of moist Saffron in a Year which being dried is valued 2. pound sterling It s chief Commodities besides Saffron as aforesaid are Cloths Stuffs Hops and the best of Oysters Colchester the chief Place of it bears from London North-East and is distant from it 43 miles by common Computation Viz. 10 from London to Rumford 5 more to Burntwood 10 from thence to Chelmsford and to Colchester 18 more A Town of great Antiquity and built as some Authors write by Coilus the British Prince 124 years after Christ's Birth But yet more Remarkable for giving birth to â—ucius Helena and Constantine the first Christian King Empress and Emperour in the World Seated it is upon the Rise of a Hill stretching it self from East to West and watered by the River Coln from whence probably it came to be called Colchester And as it is but 6 miles distant from the Sea so its Situation must needs be upon all accounts both pleasant and commodious 'T is a fair and well-built Town fortiâ—â—ed with an old Roman Wall and having six Gates of entrance besides 3 Posterns Towards the East stands an old Castle within the Ruins of a Trench containing about two Acres In short there were in it 14 Parish Churches several of which are now reduced to ruin But it is still a Place of good
three are all seated on small Rivers which after some small Course joyn together into one Stream and so fall into the Derwent a little below New Malton To conclude this County formerly a Part of the Kingdom of Northumberland and its Inhabitants Part of the Brigantes as the Romans called them is now in the Diocese of York Out of it are elected besides the two Knights of the Shire 28 Members of Parliament Viz. Two by each of these following Towns York Kingston upon Hull Knaresborough Scarborough Rippon Richmond Heydon Borough-bridge Malton Thirsk Aldborough Beverly North-Allerton Pomfret And which is remarkable it yields at this time two Dukes and one Dutchess one Marquess and nine Earls The Dukes are of Richmond and Bolton the Dutchess of Cleveland the Marquess of Halifax the Earls of Mulgrave Kingston Strafford Craven Burlington Holderness Derwentwater Faulconberg and Scarborough Thus I have compassed a very difficult Task the Description of forty Counties with so much variety of Matter in so short a Compass The Reader perhaps expects in the next place I should give an Account of the Twelve Counties of Wales as being Incorporated with England at least in point of Government But what Union soever it may have with England 't is but like those remote Cities conquered by the Romans whose Inhabitants were Civitate donati that is made Citizens of Rome England and Wales are naturally so distinct from each other both as to the Country and the Inhabitants that they cannot possibly fall under the same Character And so I lay Wales aside to present you by way of Precapitulation with a Table shewing by distinct Columns the Number of Hundreds Parishes and Market-Towns belonging to every County of England with the Names of the Shire-Towns Only 't is to be observed that instead of Hundreds Durham is divided into Wakes Cumberland Westmorland and Northumberland into Wards Also that some Counties are more generally divided than into Hundreds as Yorkshire first into three Ridings Kent into five Lathes Sussex into six Rapes Linconshire into these three Parts Lindsey Kesteven and Holland The TABLE Shires Hun Par. Shire-Towns Mark T. Barkshire 20. 140. Reading 12. Bedfordshire 9. 116. Bedford 10. Buckinghamsh 8. 185. Buckingham 15. Cambridgeshire 17. 163. Cambridge 8. Cheshire 7. 85. Chester 13. Cornwal 9. 161. Lanceston 21. Cumberland 5. 58. Carlisle 15. Derbyshire 6. 106. Derby 10. Devonshire 33. 394. Exeter 32. Dorseishire 29. 248. Dorchester 19. Durham 4. 118. Durham 6. Essex 20. 415. Colchester 21. Glocestershire 30. 280. Glocester 26. Hampshire 39. 253. Southampton 16. Hartfordshire 8. 120. Hartford 18. Herefordshire 11. 176. Hereford 8. Huntingtonshire 4. 79. Huntington 6. Kent 67. 408. Canterbury 30. Lancashire 6. 61. Lancaster 26. Leicestershire 6. 192. Leicester 12. Lincolnshire 30. 630. Lincoln 35. Middlesex 7. 273. LONDON 6. Monmouthshire 6. 127. Monmouth 7. Norfolk 31. 660. Norwich 28. Northamptonsh 20. 326. Northampton 13. Northumberland 6. 460. Newcastle 6. Nottinghamsh 8. 168. Nottingham 9. Oxfordshire 14. 280. Oxford 15. Rutland 5. 48. Okeham 2. Shropshire 15. 170. Shrewsbury 15. Somersetshire 42. 385. Bath 30. Staffordshire 5. 130. Stafford 18. Suffolk 22. 575. Ipswich 30 Surrey 13. 140. Guilford 8. Sussex 65. 312. Chichester 16. Warwickshire 5. 158. Warwick 15. Westmorland 4. 26. Kendal 8. Wiltshire 29. 304. Salisbury 23. Worcestershire 7. 152. Worcester 11. Yorkshire 26. 563. York 49. CHAP. XVIII Of LONDON and WESTMINSTER I Joyn these two together because contiguous And tho' they be two distinct Cities both by their Foundation and distinct Government yet as they make together one compact Body the City of Westminster under that Notion is generally comprehended under the Name of London and lookt upon as a Part of it In the Description whereof I shall joyn and part them as occasion shall offer My Design is not to make a long Preamble about the uncertain Original of LONDON which as some write was built above eleven hundred Years before the Birth of our Saviour That it is a most ancient City is a thing past all doubt For History tells us that the British King Lud above 60 Years before our Saviours Birth repaired and improved it The Romans in whose Time it was an Archbishop's See gave it the Title of Augusta And Animianus Marcellinus who wrote near 1300 Years ago calls it then an ancient City As for its Name the most probable Conjecture in my Judgment is that of those who derive it from the British Word Llongdin a Town of Ships It s Situation is upon all accounts very advantageous whether we consider the Soil on which it stands the River that waters it the Fruitfulness of the Country about it the Roads that lead into it or its convenient Distance from the Sea The Soil is gravelly and therefore so much the wholsomer And as it stands upon a gentle rising Bank on the North-side of the River this adds much to the healthfulness of the Place the South-side being counted something unhealthy by reason of the Vapours the Sun draws upon it The Thames that waters it I have already described as the chief River of England and an excellent navigable River This City stands where the River is cast into the form of a Crescent and stretches it self in length along the Shore as Cologne does upon the Rhine Which is a great Advantage upon several Accounts especially to a great City First because it ly's the more convenient for the several Uses and Benefits of the River Secondly for the Freeness of the Air which makes it so much the healthfuller lying open to the Fields Northward and to the River Southward Whereas Paris and all other Cities of an orbicular Form ly close together and the middle Parts half choackt for want of Air. To which add another Conveniency in London by its Situation along the River that by the Course of it one may sooner find out any Place than is possible in Paris which is a very Labyrinth in comparison This River besides is full of excellent Fish such as Barbels Trouts Chevins Pearches Smelts Breams Roaches Daces Gudgeons Flounders Shrimps Eels c. And after the Smelt-time is past it yields also sweet Salmons But Carps it is scarce of except upon Land-flouds when they get out of Gentlemens Ponds Great number of Swans are daily seen upon this River Besides a perpetual Motion of Wherries and small Boats above 2000 in Number whereby 3000 Watermen are maintained by carrying Goods and Passengers thereon Not counting those large Tilt-Boats Tide-Boats and Barges which either carry People or bring Provision from most Parts of the neighbouring Counties For Navigation no River more commodious as may appear by a Passage in the Reign of King James I. Who being displeased with the City for refusing to lend him a Sum of Mony he required threatned the Lord Mayor and Aldermen that he would remove his Court with all the Records of the Tower and the Courts of Westminster-Hall to another Place with further expressions of his
of them and then asks the People if they Know any notable Impediment or Crime in any of them Then follow certain godly Prayers with the Collect and Epistle appointed for this Solemnity After which the Oath of Supremacy is administred to every one of them and the Bishop puts divers godly Questions to them Which being answered they all Kneel and he laying his Hands upon them severally does Ordain them Deacons Then he delivers to every one of them the New Testament and gives them Authority to read the same in the Church Whereupon the Bishop appoints one of them to read the Gospel This done they with the Bishop proceed to the Communion and so are dismissed with the Blessing pronounced by the Bishop The Ordination of Priests is much after the same manner Only the Epistle and Gospel are different and after the Questions and Answers made the Bishop puts up a particular Prayer for them Which being ended he desires the Congregation to recommend them to God secretly in their Prayers for doing of which there is a competent time of general Silence Then follows Veni Creator Spiritus in Meter to be sung And after another Prayer they all Kneeling the Bishop with one or two of the grave Priests there present lays his Hands upon the Head of every one of them severally and so gives them Ordination in a grave set Form of Words different both from that of Bishops and that of Deacons The rest is the same as in the Ordaining of Deacons What the Office of a Parish-Priest is is so well known that I need not insist upon it His Orders he has from the Bishop but the Benefice he holds from the Patron Now we call those Patrons of Churches who by first building of Churches or first indowing them with I ands have obtained for them and their Heirs a Right of Advowson or Patronage Who when the Church is void is to propose a fit Clerk to the Bishop to be by him Canonically Instituted As to the Revenues of the Inferiour Clergy they are as in all Places unequally divided So that some Parsons have a very plentiful some but a competent and others but a small Maintenance some two or three hundred pounds per Annum or more others one hundred or thereabouts and some much short of that Which besides the Glebe-Land is mostly raised by way of Tythes and the Duties paid for Christenings Marriages and Funerals The Plurality of Benefices that is the Priviledge of holding more Livings than one allowed by the Church of England for the Incouragement of worthy and eminent Divines makes room for many Curates So we call those who officiate in those Churches where such as hold Plurality of Livings do not Keep their Residence These Curates are such Clergy-men as they think fit to appoint in their places with such an Allowance as is agreed upon amongst themselves The Condition of Vicars is much the same as that of Curates if not worse These properly officiate in those Livings which are called Impropriations of which there are in England no less than 3845. For above a third part of the best Benefices of England being anciently by the Popes Grant appropriated to Monasteries towards their Maintenance were upon the Dissolution of the Monasteries made Lay-fees Which Benefices ever since have been accordingly provided not with the best Allowances nor with the best of the Clergy Amongst the Priviledges of the Clergy this is one of the principal that all Deans Arch-Deacons Prebendaries Rectors and Vicars may some by themselves others by Proxy or by Representative sit and vote as Commons Spiritual in the Lower House of Convocation No Subsidies or other Tax to the King might formerly be laid upon them without their own Consent first had in Convocation And indeed the Clergy paying to the King the first Fruits that is the first Years Profits of all Spiritual Benefices and yearly the Tenth of all the said Benefices 't was thought but reasonable they should be exempted from all other Taxes Though to give the Laity good Example they have often laid upon themselves Subsidies and other great Taxes The Glebe-Lands and Spiritual Revenues of Clergy-men being held in pura perpetua Eleemosyna that is as the Law calls it in Frankalmoine are exempted from arraying and Mustering of Men or Horses for the War And as by their Function they are prohibited to wear any Arms therefore they cannot serve personally in War But they serve their Country otherwise by being our Leaders in our Spiritual Warfare Neither can any Clergy-man be compelled to undergo any other Personal Functions or Services in the Common-wealth For if any Man by reason of his Land be liable to be elected to any Servile Office if he takes Orders he is free and there lies a Writ purposely to free him Clergy-Men are not obliged to appear at Sheriffs Turns or Courts-Leet there to take their Oath of Allegiance By Magna Charta no Clergy-man ought to he Fined or Amerced according to his Spiritual Means but according to his Temporal Estate and to the Crime committed The Goods of Clergy-men are discharged by the Common Law of England from Tolls and Customs of Average Pontage Murage and Panage for which they have the King 's Writ to discharge them provided they don 't trade with them All Clergy-men are free from the King's Purveyors Carriages Post c. for which they may demand a Protection from the King with the Clause Nolumus As to the whole Number of the Clergy in England besides the two Archbishops and the twenty four Bishops there are 26 Deans of Cathedral and Collegiate Churches 576 Prebendaries 9653 Rectors and Vicars besides as many more Curates and others in holy Orders In point of Learning and good exemplary Life England I dare say is outdone by no Clergy in the Christian World If amongst the Inferiour Clergy there be some ignorant lewd Livers the dignified Clergy and the Episcopal Colledge are generally Men noted both for their great Piety and deep Learning And the late Scuffle they had with the Romanists in so difficult a Juncture as King James his Reign as it has sufficiently shewn the greatness of their Parts and the Depth of their Learning so it expressed to the World their strong and invincible Zeal for the Protestant Religion and the gross Mistake of Dissenters that lookt upon them as broad-faced Papists Nothing troubles me more than to see some of the Clergy so much infatuated as to indeavour to defeat as far as in them lies the late signal Providence that rescued us so wonderfully from Popery and Slavery I do not reflect upon those who remain quiet under their Scruples of Conscience and are not so far disturbed in their Mind as to disturb the Government But to see some so low-spirited as to fall a hugging their old Enemies the French and admire them as their Tutelar Angels who were but 'tother Day the greatest Object of their Scorn and Contempt this affords
Rent of the Shops above and below Stairs and the vaulted Cellars under Ground Which comes to about 4000 l. a Year besides 30 l. Fine which is paid for every Shop And as Dr. Chamberlain observes this goodly Fabrick not taking up quite an Acre of Ground is perhaps the richest piece of Ground in the whole World In our Way towards Westminster before we come to St. Pauls Cathedral are three Things worth taking notice of On the left hand a Statute of King Charles II. on Horseback in Stock-Market with a fine Conduit to it Bow steeple in the middle of Cheapside and on the right hand the Guild-hall The first done in white Marble at the Cost and Charges of Sir Robert Viner The other a solid and beautifull Structure composed of four of the Orders of Building which shews the rare Invention of the Architect The whole Height of it from the Ground is 225 foot and yet is but half so high as the intended Dome of St. Pauls Cathedral is designed to be Noted besides for its Ring of Bells reputed to be the best in all England Guildhall where the the City Courts of Judicature are held and where the Lord Mayor Aldermen and Common-Council meet for the Management of the City-Concerns is a spacious Building but more glorious within than without At the first coming in is a spacious Hall set out among other Things with the Pictures of Their Majesties King William and Queen Mary with those of several Judges Here are also two Giauts that stand up in their bulky Figures Blackwell-Hall is so near this Place and so famous for the Sale of Woollen-Cloths that I cannot pass it by in Silence The same was purchased by the Lord Mayor and Commonalty in the Beign of Richard II and has been since imployed as a Weekly Market-Place for all sorts of Woollen-Cloth broad and narrow brought from all Parts of the Kingdom there to be sold And it is to this day the greatest Market and Store-house for all sorts of Woolen-Cloth And now we come to St. Pauls Cathedral seated on the highest Part of all the City and first built by Sebert the first Christian King of the East-Saxons Before the Fire it was in Length 690 Foot that is 20 foot longer than St. Peter's in Rome which for beauty proportion and divers other Things excels all other Churches It s Breadth and Height were proportionable to the Length so that it stood upon so much ground as contained above 3 Acres and a half This famous Church as vast and solid as it was was devoured by that dreadfull Fire in the Year 1666. But some Years after Sir Christopher Wren having by the King's Command designed a new Model of it a new Foundation was laid accordingly And ever since this stately Fabrick has been carried on to that height we see it now So that for Greatness and Figure for Solidity Magnificence and curious-Architecture 't is like to excel all Churches in Christendom except in some particulars St. Peter's Church in Rome To this Cathedral belongs a Dean and thirty Prebendaries c. Within the Liberties The Two Sergeants Inns one in Fleetstreet and the other in Chancery-Lane Two Inns of Court the Inner and the Middle-Temple in Fleetstreet Five Inns of Chancery viz. Clifford's-Inn in Fleetstreet and these four in Hoâ—born Thavies Furnivals Bernards and Staple-Inns Without the Liberties Two other Inns of Court viz. Grays Inn in Holborn and Lincolns Inn in Chancery Lane Three Inns of Chancery viz. Clements Inn New Inn and Iyons Inn. The Sergeants Inns are so called because divers Judges and Sergeants at Law keep their Commons and Lodge there in Term-time The Number of these is about 26 who being arrived to the highest Degree in the Study of the Common Law have here their Lodging and Diet. Out of these are all the Judges of the Kings Bench Common Pleas and Exchequer elected by the King â—t being a Degree in the Common Law anâ—werable to that of Doctor in the Civil Law But whereas Doctors of Law are allowed to it covered within the Bar the Sergeants stand â—are-headed without the Bar only with Coifs â—or Caps on For they are called Servientes 〈◊〉 Legem and Servitutis Appellatio-est Ministeâ—ii Doctoris vero Magisterii The Degrees by which the Student in the â—ommon Law rises to that of a Sergeant are first by being bred 2 or 3 years in the University in the Study of Logick and Rhetorick with some Insight into the Civil Law Upon which he is admitted to one of the four Inns of Court where he is first called a Student or Inner-Barrister till after 7 Years Study he becomes a Mootman or Utter-Barrister and some Years after a Bencher Those are Utter-Barristers who from their Learning and Standing are called by the Benchers in the Mooting Time to plead and argue Moots that is doubtfull Cases and Questions And whilst they argue the said Cases they sit uttermost on the Forms of the Benchers Out of these Mootmen are chosen Readers for the Inns of Chancery where in Term-Time and Grand Vacations they argue Cases in the presence of Attorneys and Clerks In the four Inns of Chancery seated in Holbourn the Moots are read either by those of Grays-Inn or Lincolns-Inn and in the others by those of the two Temples The Benchers so called from the Bench whereon they sit at the upper end of the Hall are the Seniors to whom is committed the Government of the whole House and out of whose Number is yearly chosen a Treasurer who receives disburses and accounts for all Moneys belonging to the House Out of these are also chosen those Readers whose Reading is kept with so much feasting and solemnity To which are invited the chief Nobles Judges Bishops great Officers of the Kingdom and sometimes the King himself Such a Feasting as has cost some Readers 1000 l. After which the Reader wears a long Robâ—different from other Barristers and is then in a capacity to be made a Sergeant at Law the Sergeants being usually chosen out of these Readers The Manner of their Choice is thus When the Number of Sergeants is small the Lord Chief-Justice of the Common Pleas by the advice and consent of the other Judges makes choice of some of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellour or Lord Keeper Who sends by the King 's Writ to each of them to appear on such a day before the King to receive the State and Degree of a Sergeant at Law At the appointed Time they being habited in party-coloured Robes come to Westminster-Hall accompany'd with the Students of the Inns of Court and attended by a Train of Servants and Retainers in their Cloth Liveries Where they take in publick a solemn Oath and are cloathed with Coifs which they wear always in publick After this they feast the great Persons of the Nation in a most splendid manner and present them with gold Rings
is the Fort St. George belonging to the East-India Company where they have a President of all the Factories on that Coast and of the Bay of Bengala As to the Royal African Company King Charles II was pleased by his Letters Patents to grant them a Liberty of Trading all along the Western Coasts of Africk from Cape Vert as far as the Cape of good Hope with prohibition of Trading there to all his other Subjects At Cape-Coast is the Residence of the chief Agent of the Company where they have a strong Place or Fort. I pass by the other Companies though some of them very considerable and the great Trade of the West-Indies generally managed by Merchants not Incorporated Only I shall add that every Company has the Priviledge to govern themselves by setled Acts and Orders under such Governours Deputies Assistants and Agents as they think fit to chuse among themselves And this way has been found to be so profitable and beneficial by Exporting the native Commodities thereof by setting the Poor on Work by building of many brave Ships and by Importing hither of forein Commodities both for Use and Ornament that the Benefit accruing thereby to these Nations cannot be expressed The principal Commodities exported from hence into forein Countries are Woollen Cloths of all sorts broad and narrow the English being now the best Cloth-Workers in the World To which add Sattins Tabies Velvets Plushes and infinite other Manufactures some of which make very good Returns from the foreign Plantations Abundance of Tin Lead Alum Copper Iron Fullers Earth Salt and Sea-Coal of most sorts of Grains but Wheat especially of Skins and Leather of Trane Oyl and Tallow Hops and Beer Saffron and Licorish besides great Plenty of Sea-fish is yearly transported over Sea to forein Conntries From whence the Merchants make good Returns and bring a great deal of Treasure and rich Commodities to the Inriching of themselves the unspeakable benefit of the Nation and the Credit of the English in general Who are as industrious and active as fair Dealers and great Undertakers as any Nation in the World For though the Hollanders perhaps do drive a greater Trade 't is neither for want of Stock nor for want of Industry on the side of the English The Hollanders being squeezed as they are within the narrow Bounds of their Country find little or no Land to purchase with the Returns of their Trade This puts 'em upon a kind of Necessity of improving still their Stock and of sending back those Riches a floating upon the Sea which they cannot fix on the Land Whereas our English Merchants having the Opportunity of Injoying the Fruits of their Industry in a spacious delicate fruitful Country by purchasing Estates for themselves and Families are apt to yield to the Temptation and to exchange the hurry of Trade for the pleasures of a Country-life CHAP. V. Of the English Laws and Religion THE Laws of England are of several Sorts and severally used according to the Subject First there is the Common Law that is the Common Customs of the Nation which have by length of time obtained the force of Laws This is the Summary of the Laws of the Saxons and Danes first reduced into one Body by King Edward the Elder about the Year 900. Which for some time being lost were revived by King Edward the Confessor and by Posterity named his Laws To these William the Conquerour having added some of the good Customs of Normandy he caused them all to be written in his own Norman Dialect which being no where vulgarly used varies no more than the Latine Therefore to this day all Reports Pleadings and Law-Exercises Declarations upon Original Writs and all Records are written in the old Norman But where the Common Law falls short the Statute Law makes it up Which are the Laws made from time to time by King and Parliament The Civil Law which is counted the Law of Nations is peculiarly made use of in all Ecclesiastical Courts in the Court of Admiralty in That of the Earl Marshal in Treaties with forein Princes and lastly in the Two Universities of the Land The Canon-Law otherwise called the Ecclesiastical Laws takes place in Things that meerly relate to Religion This Law comprehends the Canons of many ancient General Councils of many National and Provincial English Synods divers Decrees of the Bishops of Rome and Judgments of ancient Fathers received by the Church of England and incorporated into the Body of the Canon Law By which she did ever proceed in the Exercise of her Jurisdiction and do's still by virtue of an Act in the Reign of Henry VIII so far as the said Canons and Constitutions are not repugnant to the Holy Scripture to the Kings Prerogative or the Laws of this Realm But whereas Temporal Laws inflict Punishment upon the Body these properly concern the Soul of Man And as they differ in several Ends so they differ in several Proceedings The Martial Law reaches none but Souldiers and Mariners and is not to be used but in time of actual War But the late King who ran headlong to Arbitrary Power made nothing of violating this and most other Laws The Forest-Law concerns the Forests and in flicts Punishment on those that trespass upon them By virtue of this Law the Will is reputed for the Fact so that if a Man be taken hunting a Deer he may be Arrested as if he had taken it Lastly there are Municipal Laws commonly called Peculiar or By Laws proper to Corporations These are the Laws which the Magistrates of a Town or City by virtue of the King's Charter have a Power to make for the benefit and advantage of their Corporation Provided always that the same be not repugnant to the Laws of the Land These By-Laws properly bind none but the Inhabitants of the Place unless they be for publick Good or to avoid a publick Inconvenience In which Case they bind Strangers Thus much in general as to the Laws of England The chief Particulars will come in of course when I come to treat of the Government The Religion of England as it is established by Law is the best Reformed Religion and the most agreeable to the primitive Times of Christianity But before I come to shew the Occasion Time and Methods of its Reformation it will not be improper to give a brief historical Account how the Christian Faith came to be planted in this Island to set forth its Progress Decay and Restauration then its Corruption with Rome and at last its Reformation That Christianity was planted here in the Apostles Times long before King Lucius is plainly demonstrated by the Antiquity of the British Churches writ some Years since by Dr. Stillingfleet the present Bishop of Worcester Where he learnedly disproves the Tradition concerning Joseph of Arimathea supposed by many to have been the first Planter of the Gospel here as an Invention of the Monks of Glassenbury to serve their Interests by advancing
Defenders of the Faith Which last Title was given by Pope Leo X to King Henry VIII for a Book written by him against Luther in Defence of some Points of the Romish Religion and afterwards confirmed by Act of Parliament for Defence of the ancient Catholick and Apostolick Faith as it is now professed by the Church of England Whereas the King of France is called Most Christian and the King of Spain Most Catholick The Title of Majesty came not into use in England till the Reign of Henry VIII Instead whereof the Title of Grace now appropriated to the Dukes and the two Archbishops was given to former Kings and that of Highness to the foresaid King Henry till the Word Majesty prevailed When we speak to the King the Word Sir is often used besides Your Majesty according to the French Sire which is likewise applied â—o that King For the King's Arms or Ensigns Armorial He â—ears in the first place for the Regal Arms of â—rance Azure 3 Flower de luces Or quarterâ—d with the Arms of England which are Gules 〈◊〉 Lions passant Gardant in pale Or. In the seâ—ond place for the Royal Arms of Scotland a â—ion rampant Gules within a double Tressure â—unter flowred de luce Or. In the third place or Ireland Azure an Irish Harp Or stringed â—rgent In the fourth place as in the first To which has been added since the present King's â—ccession to the Crown another Lion in the â—iddle thus blazoned Azure a Lion rampant â—r between an Earl of Billets Or. And all this within the Garter the chief Enâ—gn of that Order above which is an Helmet â—swerable to his Majesties Sovereign Jurisâ—iction and upon this a Mantle The Mantle 〈◊〉 Cloth of Gold doubled Ermin adorned with 〈◊〉 Imperial Crown and surmounted for a Crest 〈◊〉 a Lyon Passant Gardant Crowned with the â—â—ke The Supporters a Lyon Rampant Gardant 〈◊〉 Crowned as the former and an Vnicorn Arâ—â—t Gorged with a Crown thereto a Chain afâ—ed passing between his Fore-legs and reâ—xed over his Back Or. Both standing upon Compartment placed underneath and in the â—ce of the Compartment this Royal Motto â—en mon Droit that is God and my Right â—hich Motto was taken up by Edward the â—ird when he first claimed the Kingdom of â—ance Who also gave the Motto upon the â—â—ter Honi soit qui mal y pense that is Shame to him that evil thereof thinketh The Arms of France are placed first as being the greater Kingdom and perhaps thereby to induce the French the more easily to owâ— the English Title The Ensigns of Royalty such as Crowns Scepters Purple-Robe Golden-Globe and Holy Vnction the King of England has them all And so he has all the Marks of Sovereignty As the Power of making Treaties and League with forein States of making Peace or Waâ— of sending and receiving Ambassadours Creating of Magistrates Convening the Parliament of Adjourning Proroguing and Dissolving the same when he thinks fit of conferring Title of Honour of pardoning some Criminals oâ— Coyning c. All which Marks of Sovereignty are by Law lodged in the Crown Accordingly the King of England without the Concurrence of his Parliament levies Meâ— and Arms for Sea and Land-Service and may if need require press Men for that purpose He has alone the Choice and Nomination of aâ—â— Commanders and Officers the principal Direction and Command of his Armies and thâ— Disposal of all Magazines Ammunition Castles Forts Ports Havens Ships of War The Militia is likewise wholly at his Command And though he cannot of himself raise Mony upon his Subjects without his Parliament yet he haâ— the sole Disposal of publick Moneys In the Parliament He has a Negative Voice that is he may without giving any Reason for it refuse to give his Royal Assent to anâ— Bill though passed by both Houses of Parliâ—ment and without his Assent such a Bill 〈◊〉 but like a Body without Soul He may at 〈◊〉 pleasure increase the Number of the House 〈◊〉 Peers by creating more Barons or summoning thither whom he thinks fit by Writ and of the House of Commons by bestowing Priviledges on any other Town to send Burgesses to Parliament He has the Choice and Nomination of all Counsellours and Officers of State of all the Judges Bishops and other high Dignities in the Church In short the King is the Fountain of Honour Justice and Mercy None but the King has the Sovereign Power in the Administration of Justice and no Subject has here as in France Haute Moyenne basse Jurisdiction that is High Mean or Low Jurisdiction So that the King only is Judge in his own Cause though he deliver his Judgement by the Mouth of his Judges By Him is appointed the Metal Weight Purity and Value of Coyn and by his Proclamation he may make any forein Coyn to be lawful Mony of England So tender is the Law for the Preservation of his Sacred Person that without any overt Act the very Imagining or intending the Death of the King is High Treason by Law And though by Law an Idiot or Lunatick Non Compos Mentis cannot commit Felony nor any sort of Treason yet if during his Idiocy or Lunacy he shall Kill or go about to Kill the King he shall be punished as a Traytor In point of Physick by an ancient Record it is declared That no Physick ought to be administred to the King without a Warrant signed by the Privy Council by no other Physician but what is mentioned in the Warrant and the Physicians to prepare it themselves with their own hands If there be occasion for a Surgeon he must be likewise authorized by a Warrant And such is the Honour and Respect the King of England receives from his Subjects that 〈◊〉 Prince in Christendom receives more Homage Not only all Persons stand bare in his presence but even in his absence where he has a Chaiâ— of State All People at their first Address kneel to him and he is at all times served upon the Knee 'T is true the King of England is not free to act contrary to or to dispense with the known established Laws Neither can he of himself repeal a Law or make any new Law without the Concurrence of both Houses of Parliament A happy Impotency both to King and People For whilst the King keeps within the Bounds of the Law he can do no Wrong and the People can receive no Harm Had the late King but acted accordingly he might have been a most glorious Monarch instead of being now a general Object of Pity Far from being necessitated to creep under the shelter of a Proud Monarch he might have been a Curb to his Pride and the Refuge of many Nations that suffered Fire and Sword to advance what he called his Glory Three Crowns at once are too great a Sacrifice not to God but to a Mercenary Crew of Priests and Jesuits Tantum Religio potuit suadere Malorum As to the Rank and Reputation
of the Kings of England when all Christendom in the Council of Constance was divided into Nations the English was one of the Principal and not Subaltern having its Voice of equal ballance with the Nations of France or Italy In those General Councils the Emperor of Germany was counted Major Filius Ecclesiae the King of France Minor Filius and the King of England Filius tertius adoptivus Whereas with submission methinks it had been more proper especially in such Assemblies to look upon the King of England as Primogenitus Ecclesiae the Eldest Son of the Church out of respect to the British King Lucius who as I said before was the first King in the World that imbraced Christianity In those Councils the King of France had place next the Emperour on his right hand the King of England next on his left hand and the King of Scotland next before Castille However the King of England acknowledges no Precedence to any Monarch but only to the Emperour and that upon the Score of Antiquity For the Crown of England is free and independent and therefore has been declared in Parliaments long since to be an Imperial Crown CHAP. VIII Of the Solemn Proclamation and Coronation of the King of England THE Kings of England are both Proclaimed and Crowned with so much Solemnity that it won't be improper to describe the Manner of it it being a Solemnity not at all disagreeable to the Design of this Work I begin with the Proclamation which is the first Step to the Crown And being we are upon the New State of England I shall describe the Manner how the present King William and Queen Mary were Proclaimed at Whitehall-Gate within Temple-Bar in Cheap-sideâ— and the Royal Exchange Which happened oâ— the 13th of Febr. Anno 1688 9. The Lords and Commons being then Assembled at Westminster came to the Banquetting-House where they presented the Princâ— and Princess of Orange the Instrument in Writing agreed upon for Declaring Their Highnesse KING and QUEEN of England France and Ireland with all the Dominions and Teâ—tories thereunto belonging and received Their Consent thereto About 11 of the Clock the said Lords and Commons came down to Whitehall Gate preceded by the Speakers of their respective Housâ—â— viz. the Marquess of Hallifax Speaker 〈…〉 Lords and Henry Powle Esq Speaker of 〈…〉 mons each of them attended by a 〈…〉 Arms in order to see Their Majesties 〈…〉 Being come down to the Gate there they found the Heralds of Arms the Sergeants at Arms the Trumpets and other Officers all in readiness being assembled by Order from the Duke of Norfolk Earl Marshal of England And Sr. Thomas S. George Knight Garter Principal King of Arms having received a Proclamation in Writing with an Order from the Lords House to the King's Heralds and Pursuivants of Arms for Publishing or Proclaiming the same forthwith the Persons concerned disposed themselves in Order before the Court-Gate for making the said Proclamation The Trumpets having sounded a Call three several times the last of which was answered by a great Shout of the vast Multitudes of People there assembled the Noise ceasing the said Garter King of Arms read the' Proclaimation by short Sentences or Periods Which was thereupon proclaimed aloud by Robert Devenish Esq York Herald being the Senior Herald in these Words VVHEREAS it has pleased Almighty God in his great Mercy to this Kingdom to vouchsafe as a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next unto God to the Resolution and Conduct of His Highness the Prince of Orange whom God has chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of her Highness the Princess of Orange whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon the Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and presented the same to the said Prince and Princess of Orange and therein desired Them to Accept the Crown who have Accepted the same accordingly We therefore the Lords Spiritual and Temporal and Commons Together with the Lord Mayor and Citizens of London and others of the Commons of this Realm Do with a full Consent Publish and Proclaim according to the said Declaration William and Mary Prince and Princess of Orange to be KING and QVEEN of England France and Ireland with all the Dominions and Territories thereunto belonging Who are accordingly so to be owned deemed accepted and taken by all the People of the aforesaid Realms and Dominions who are henceforward bound to acknowledge and pay unto Theâ— all Faith and true Allegiance Beseeching God by whom Kings Reign to bless KING WILLIAM and QVEEN MARY with long and happy Years to Reign over us God save King William and Queen Mary Jo. Brown Cleric Parliamentorum Which being ended and the Trumpeâ— sounding a Flourish was answered by several repeated Shouts of the People And Direction being given to proclaim the same with in Temple-Bar in Cheap-side and at the Royal-Exchange the Proceeding marched in this manner I. The several Beadles of the Liberties of Westminister II. The Constables of the said Liberties all on foot with the high-Constable on horseback III. The Head-Bayliff of Westminster and his Men all on horseback with white Staves to clear the Way IV. A Class of Trumpets nine in all on horse-back the six first riding two and two and the three last together Followed by the Sergeant-Trumpeter carrying his Mace on the Shoulder V. A Pursuivant of Arms single a Pursui â—ant and a Sergeant at Arms and next an â—ther Pursuivant and 〈◊〉 Sergeant at Arms. The Pursuivants in â—heir rich Coats of the â—oyal Arms and each â—f the Sergeants carryâ—â—g his Mace on his Shoulder all of them on horse-back VI. Four Heralds of Arms one after another each with a Sergeant at Arms on his left hand carrying his Mace on the Shoulder and the Heralds being all in their rich Coats of the Royal Arms. VII Garter King of Arms in his rich Coat of Arms carrying the Proclamation Accompany'd with Sr. Tho. Duppa Kt. Gentleman Vsher of the Black Rod in his Crimson Mantle of the Order of the Garter and his Black Rod of Office likewise on Horseback VIII The Speaker of the House of Lords in his Coach Attended by Sr. Roger Harsnet eldest Sergeant at Arms with his Mace IX The Speaker of the House of Commons in his Coach Attended by John Topham Esq Sergeant at Arms to the said House with his Mace X. The Duke of Norfolk Earl Marshal and Primier Duke of England in his Coachâ— with his Marshal's Staff in his hand XI The Peers in order in their Coaches XII The Members of the House of Commons in their Coaches In this Order they proceeded towards Temple-Bar And being come as far as the May-pole in the Strand two
Right of Patronage called Patronage Paramount Insomuch that if the mean Patron or the Ordinary or the Metropolitan present not in due time the Right of Presentation comes at at last to the King As for the Bishopricks the King only has the Patronage of them For none can be chosen Bishop but whom he nominates in his Conge d'Estire and a Bishop Elect cannot be Consecrated or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent In short as the King is the only Sovereign and Supream Head both in Church and State so there lies no Appeal from Him as from some other States and Kingdoms beyond Sea either to the Pope of Rome or to the Emperor But indeed the greatest and safest of the Kings Prerogatives is as the present King wrote in a late Letter to his Council of Scotland to Rule according to Law and with Moderation The Dispensing Power so much contended for in the late Reign by the Court-Party as a Branch of the Kings Prerogative and as vigorously opposed by some true Patriots is â—ow quite out of Doors by the Act of Settlement which makes it plainly Illegal And as to that divine Prerogative which the Kings of England claimed as a Thing de Jure divino I mean the Curing of the King 's Evil only by the King 's laying his hands on the Sick assisted with a short Form of Divine Service it is now laid aside as a Traditional Errour at least a Doctrine not fit to be trusted â—o So that the French King is at this time the only Monarch that pretends to this Miraculous Priviledge Our Historians derived it here from King Edward the Confessour who lived so holy a Life that as they say he received Power from above Intailed to his Royal Successors for ever to cure this stubborn Disease But now 'c is lookt upon as a Doctrine not so fit for Protestants as bigotted Papists to whom no Miracle is amiss I come now to the King's Power with relation to forein Parts Which I shall describe as near as I can first as Defensive secondly as Offensive In the first Sense England if well united is of all the States in Europe the least subject to an Invasion especially since the Conjunction of Scotland The whole Island is naturally so well senced with the Ocean and when Occasion requires so well garded by those moving Castles the King's Ships of War the strongest and best built in the whole World The Kingdom besides is so abundantly furnished with Men and Horses with Provisions and Ammunition and Mony the Sinews of War that nothing but our intestine Divisions can make us a Prey to the greatest Potentates of Europe tho united together As for the King's Power abroad not only our Neighbours but the most remote Places have sufficiently felt it and this at a time when Scotland and Ireland were usually at enmity with Him 'T is true since the Reign of Qâ— Elizabeth what with our Distractions at home and the Weakness or Effeminacy of some of one Kings England has either been Idle or taken up with Intestine Broils Only in Cromwel's Time we humbled the Hollanders scowred the Algerines kept the French and the Pope in aw and took Jamaica from Spain Our greatest Exploits were upon our own selves when being unhappily involved in Civil Wars for several Years together we destroy'd one another with a fatal Courage Then were computed about two hundred thousand Foot and fifty thousand Horse to be in Arms on both sides which had they been imploy'd abroad might have shaken the greatest part of Europe And here I cannot but with an aking heart apply the Words of Lucan Heu quantum potuit Coeli Pelagique parari Hoc quem Civiles fuderunt Sanguine Dextrae In English thus How much both Sea and Land might have been gained By their dear Bloud which Civil Wars have drained Of so martial Spirit the English are and their fear of Death so little that as Dr. Chamberlain has well observed no Neighbourâ—â—ation scarce durst ever abide Battle with â—hem either by Sea or Land upon equal Terms â—nd now we are ingaged in a just War both with Ireland and France under a Prince of â—o great Conduct and Courage incouraged by â—â—s Parliament assisted and faithfully served by the greatest General now in Europe I cannot but hope well from our Armies both by Seu and Land if our provoked God do not fight against us The next Thing that offers it self to our Consideration is the King of England's Court which for State Greatness and good Order besides the constant Concourse of Nobility and Gentry resorting thither when there is no Jealousy between the King and his People is one of the chief Courts of Europe It is as an Author says a Monarchy within a Monarchy consisting of Ecclesiastical Civil and Military Persons the two last under their proper Government To support the Grandure of this Court and the other Charges of the Crown in time of Peace the Kings of England have always had competent Revenues Which never were raised by any of those sordid Ways used in other Countries but consist chiefly in Domains or Lands belonging to the Crown in Customs and Excise Anciently the very Domains of the Crown and Fee-Farm Rents were so considerable that they were almost sufficient to discharge all the ordinary Expences of the Crown without any Tax or Impost upon the Subject Then there was scarce a County in England but the King had in it a Royal Castle a Forest and a Park to Receive and Divert Him in his Royal Progresses A piece of Grandure which no King else could boast of But upon the Restauration of King Charles the Crown Revenues being found much Impaired and the Crown Charges increasing upon the growing Greatness of our Neighbours the French and Dutch the Parliament settled upon the King a Yearly Revenue of Twelve Hundred Thousand Pounds by several Imposts besides the Domains and other Profits arising to the Crown in Tenths and First-Fruits in Reliefs Fines Amerciaments and Confiscations And the whole Revenue improved to that degree that in the late Reign it was judged to amount to near two Millions Which is a Fair Revenue in Time of Peace In Time of War the Parliament supplies the King according to his Occasions by such Taxes to be raised upon the Nation as they think most convenient CHAP. X. Of the Government of England by Regency Also of the Succession to the Crown THere are three Cases wherein the Kingdom of England is not immediately governed by the King but by a Substitute Regent And those are the Kings Minority Absence or Incapacity The King is by Law under Age when he is under twelve Years old And till he has attained to that Age the Kingdom is governed by a Regent Protector or Gardian appointed either by the King his Predecessor or for want of such Appointment by the Three States assembled in the Name of the Infant
Goâ—ernment nine and twenty of the Lords Spiâ—â—al and Temporal such as â—â—â—ned to be at â—t time in and about the Cities of London â—d Westminster immediately assembled at â—ildhall Where they unanimously Reâ—â—ved to apply themselves to His Highness 〈◊〉 Prince of Orange and to assist Him â—â—th their utmost Endeavours in the obâ—â—ing with all speed such a free Parliament 〈◊〉 the security of our Laws Liberties and â—operties as thereby the Church of England 〈◊〉 particular with a due Liberty to Proteâ—â—nt Dissenters and in general the Protestant â—eligion and Interest over the whole World â—ight be supported and incouraged to the â—lory of God the Happiness of these Kingâ—oms and the Advantage of all Princes and â—ates in Christendom Whereof they made publick Declaration signed by every one of 〈◊〉 Lords amongst which the Earl of Pemâ—ke the Lord Viscount Weymouth the Bishop 〈◊〉 Ely and the Lord Culpeper were chosen to â—tend forthwith His Highness with the said â—eclaration and at the same time acquaint 〈◊〉 with what they had further done at that â—eeting Few days after this the Lord Mayor Alderâ—en and Commons of the City of London in â—mmon Council Assembled made an humble â—ddress to the Prince wherein they returned 〈◊〉 Highness their Thanks for his glorious Unâ—rtaking to rescue these Kingdoms from Poâ—ry and Slavery look'd upon him as their Reâ—â—e implored his Protection and humbly beâ—ght Him to repair to this City where he should be received with Universal Joy and Sâ—tisfaction The Prince was then at Henley where he râ—ceived the Addressers in the most obliging maâ—ner with Aâ—â—rances of his Protection aâ— of his Readiness to comply with their Dâ—fires In the mean time King James was unhappiâ— taken in a Disguise at Feversham in Kent as 〈◊〉 was going for France Where being soon Dâ— covered he was at last prevailed upon to Return so that his Guards and Coach being seâ— for Him he came back to Whitehall Sundâ—â— Dec. 16 and reassumed the Government Whilâ— King James came up to London from the South the Prince made his Way thither from tâ—â— West in hopes that his Majesty would come 〈◊〉 an amicable and equitable Accommodation by referring all Grievances to a free Parlâ—â—ment But the King not being able to bear the hâ—â— of a Free Parliament after so many notoriâ—â— Violations of the Laws of the Realm grew foâ— uneasy at Whitehall and his Heart beat agâ— for France as his only Place of Refuge 〈◊〉 Rochester he goes from whence few Days â—â—ter he privately Withdrew himself the secâ—â— time but with more success than the 〈◊〉 For he got clear to France where the Quâ—â— and the supposed Prince of Wales had soâ— time before taken Sanctuary Mean while the Prince of Orange was 〈◊〉 to St. James's Dec. 19th where his Highâ—â— received the Compliments of all the Nobiâ—â— and other Persons of the chiefest quality Town and at Night the Streets were 〈◊〉 with Bonfires with Ringing of Bells and ther publick Demonstrations of Joy Then the Scene of Affairs was so very much â—ered that nothing but a new Settlement â—â—uld Resettle us In order to which a great Assembly of Lords and Commons Members of â—rmer Parliaments besides the Lord Mayor â—ldermen and Common Council of the City of London was held at Westminster to consult â—hat was fit to be done Who after some Deâ—â—tes upon the present Juncture came to this resolve that his Highness the Prince of Oâ—â—nge should be humbly Intreated to Summon 〈◊〉 Convention of Lords and Commons by his Cirâ—ular Letters these to be chosen by the People in a Parliamentary Way to meet at Westminster on â—he 22th of January following And that His sighness in the mean time would be pleased â—o take upon Him the Administration of pubâ—ick Affairs both Civil and Military and the disposal of the publick Revenue Which was â—one accordingly The Convention being met at the Time â—ppointed the House of Commons broke the 〈◊〉 Voted the Abdication of the Governâ—ent by King James and the Vacancy of the â—â—rone that is in short a Dissolution of the whole Frame of Government The House of Lords being divided as to the Word Abdicate â—â—d several Conferences about it with the Comâ—ons till at last their Lordships Concurred with them by Plurality of Votes Which hapâ—ed on the 6th of Febr the same Day upon which King James had ascended the Throne The Government being thus declared in a â—ate of Dissolution and the Throne Vacant â—he next Business was to Resettle the first by â—lling up the last It was then in their power 〈◊〉 bestow the Crown upon whom they pleased 〈◊〉 after several Debates the Two Houses at last fully agreed upon a joynt Declaration concerning the Misgovernment of King James the Offer of the Crown to the Prince and Prince of Orange the Abrogation of the Oaths of Allegiance and Supremacy and the new Oaths tâ— be taken instead of them All this was done by the 12th of February upon which Day Her Royal Highness the Princess of Orange arrived at Whitehall about twâ— in the Afternoon the welcome News whereoâ— was received with universal Demonstrations oâ— Joy The next Day Febr. 13th both Houses being Assembled at Westminster came to thâ— Banqueting House where they presented tâ— the Prince and Princess of Orange the Instrument in Writing agreed upon for Declarinâ— Their Highnesses KING and QUEEN oâ— England France and Ireland with all the Dominions and Territories thereunto belonging and received Their Consent Whereupon Their Majesties were immediately Proclaimed in thaâ— solemn Manner as I have already described iâ— the Seventh Chapter And thus was accomplished the Curse of King James J a Prince whose Learned Pen baffleâ— all the Conclave which he solemnly pronounced on any of his Posterity that should turn Papists I am heartily sorry that it should fall 〈◊〉 heavy upon the late King but it is better so than that three Kingdoms should perish And yet had he kept within some reasonable Bounds and his Religion to himself withouâ— his open Violations of the Laws as it were iâ— defiance 't is very likely the Nation would haâ—â— been upon his account very indulgent to thâ— Roman Catholick Party They might have gâ— by this means some legal Toleration which 〈◊〉 the space of few Years would have Incouraâ—â—d and Strengthned their Party here consideâ—bly So quick of growth are the Roman â—atholicks where they find Incourageâ—ent Therefore the very Court of France did oâ—enly declare his Errors to the World and â—ssed this Verdict upon him That his whole â—onduct had been very little Judicious The â—mperour on the other side in his Letter to â—ing James from Vienna Apr. 9. 1689 could â—â—t forbear amongst his tender condoling â—xpressions to tell him the Cause of his â—in But King James would never be advised to Moderation and no Counsellors were welcome 〈◊〉 him but such as prompted him to Vioâ—nce The Issue whereof proved accordingly â—ll Covet all Lose I conclude with a Character of Their
in Trial of Heresy which toucheth a Mans Life If a Clergy-man Kills his Bishops or Ordinary the Law looks upon it as a Parricide and 't is Petty-Treason by Law Every Bishop may by Statute Law qualify six Chaplains which is as many as a Duke But if the Bishops Priviledges be so great the Archbishops are much greater especially his Grace of Canterbury's Who is the first Peer of the Realm and next to the Royal Family precedes not only all Dukes but all the great Officers of the Crown Though he holds his Place from the King yet in the King's Writs to him he is stiled Dei Gratia Archiepiscopo Cantuariensi and whereas other Bishops write Divina Permissione he writes himself Divina Providentia When he is Invested in the Archbishoprick he is said to be Inthroned It belongs properly to him to Crown the King and he had formerly the Power of appointing the Lent Preachers which is now in the Lord High Chamberlain The Bishop of London is accounted his Pravincial Dean the Bishop of Winchester his Chancellour and the Bishop of Rochester his Chaplain He has the Probate of all Wills in his Province and the Power of granting Letters of Administration where the Party at the time of his Death had 5 l. worth or above out of the Diocese wherein he died or 10 l. within the Diocese of London For all such as die Intestate within his Province he has Power to make Wills and to administer their Goods to the Kindred or to pious uses according to his Discretion In all Cases heretofore sued for in the Court of Rome he has Power to grant Licences and Dispensations either by himself or his Deputy called the Master of Faculties Provided the same be not repugnant to the Law of God or the King's Prerogative As to allow a Clerk to hold a Benefice in Commendam or Trust to allow a Son contrary to the Canons to succeed his Father immediately in a Benefice a Beneficed Clerk upon some Occasions to be Non-resident for some time a Clerk rightly qualified to hold two Benefices with Cure of Souls and a Lay-man to hold a Prebend c. whilst by Study he is preparing himself for the service of the Church He may also bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation of a new Bishop And the new-created Bishop is also to provide a sufficient Benefice for one of the Archbishops Chaplains or to maintain him till it be effected He has the Prerogative with two other Bishops to Consecrate a new made Bishop to appoint Coadjutors to infirm Bishops to confirm the Election of Bishops within his Province to call Provincial Synods according to the King 's Writ directed to him to be Moderator in the Synods or Convocations and there to give his Suffrage last of all 'T is both his Power and Duty to Visit the whole Province and during the Vacancy of any Bishoprick within the same to appoint a Guardian of the Spiritualities So that to him belong all the Episcopal Rights and Ecclesiastical Jurisdictions of the Diocese as Visitations Institutions c. To decide all Differences in Ecclesiastical Matters he holds several Courts of Judicature for which I refer you to my Third Part. Lastly he may retain and qualify 8 Chaplains which is two more than any Duke is allowed The Archbishop of York has also the Precedence of all Dukes that are not of the Royal Bloud and of all great Officers of State except only the Lord Chancellour He is also stiled Primate of England and Metropolitan of his Province and has many of those Prerogatives and Priviledges which the Archbishop of Canterbury has within his own Province Each of the Archbishops is honoured as Dukes are with the Title of His Grace And whereas the Inferiour Bishops are stiled Right Reverend the Archbishops are in a Superlative manner stiled Most Reverend As to the Revenues of the English Bishops the best Bishopricks are those of Canterbury Durham and Winchester which yield a plentiful Income Amongst the rest some have but a Competency and others are not much better some worse than many Parsonages And yet I must say this to the eternal Praise of the Episcopal Order that they have done great Things for the Publick out of their Revenues For most of the great publick Works now â—â—maining in England acknowledge their Being eather to the sole Cost and Charge or to the liberal Contributions of Bishops I mean not only Pallaces and Castles but Churches Colledges Schools Hospitals Alms-houses a great Number whereof have been founded and built by Bishops Nay that famous and chargeable Structure of London-Bridge stands to this day obliged to the liberal Contributions of an Archbishop In former Reigns when the Clergy were judged to be the fittest Persons to execute most of the chief Offices and Places of the Realm such Benefits and Advantages accrued thereby to this Kingdom that there are few Things of any great Consequence to the Welfare thereof but the Bishops and Prelates were the chief Actors therein The excellent Laws says an Author made by several of the Saxon Kings from whom we have our Common Laws and our Priviledges mentioned in Magna Charta were all made by the Persuasions and Advice of Bishops named in our Histories And 't was a Bishop of London at whose Request William the Conqueror granted to this City so large Priviledges that in a grateful Remembrance thereof the Lord Mayor and Aldermen did before the late dreadful Fire upon some solemn Days of their Resort to S. Paul's Church use to go in Procession about the Grave-stone where that Bishop lay interred The Union of the two Houses of York and Lancaster whereby a long and cruel Civil War was ended was by the Advice and Counsel of Bishop Morton then a Privy Counsellour And the happy Union of England and Scotland was brought to pass by the long Foresight of the Reverend Bishop Fox a Privy Counsellour in advising Henry VII to match his eldest Daughter to Scotland and his Younger to France But above all the Converting England to Christianity the Reforming of it when corrupted and the Defence of the Reformation against all Romish Writers is principally if not solely owing to Bishops and Prelates CHAP. XXIII Of the Dignify'd Clergy AS amongst the Laity the Gentry Keeps a middle Rank betwixt the Nobility and the Commonalty so amongst the Clergy of England there is a middle Station between the Episcopal Order and the inferiour Clergy Which Station is properly that of the Dignify'd Clergy as Deans Arch-Deacons and Prebendaries the Subject of this Chapter For a Supply of able and fit Persons to make Bishops or to assist Bishops a certain Number of eminent Divines both for their Piety and Learning were thought fit by our Fore-fathers to be placed in a Collegiate manner at every Cathedral or Episcopal See out of which Seminaries fit Persons from time to time might be chosen to govern the
presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original
the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges