of Salisbury began the Sermon his Text being taken out of 2 Sam. 23. V. 3 4. The Sermon ended Their Majesties took the Oath And being conducted to their Regal Chairs placed on the Theater that they might be more conspicuous to the Members of the House of Commons who were seated in the North-Cross They were Anointed After the Unction they were presented with the Spurs and Sword invested with the Palls and Orbs and then with the Rings and Scepters At four of the Clock the Crowns were put upon their Heads at sight whereof all the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Their Majesties and after the Benediction They vouchsafed to kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed Their Majesties left Cheeks In the mean while the Treasurer of the Houshold threw about the Coronation Medals which were of Silver about the bigness of a half-crown Piece representing of one side the King and Queen with their Names thus Gulielmus Maria Rex Regina And on the Reverse giddy-brained Phaethon unskilfully guiding the Chariot of the Sun with Jupiter above striking him with a Thunder-bolt and this Motto about it Ne Totus Absumatur that is Lest the whole World be Consumed with fire A very pat Emblem to the present Juncture as those may best judge who are well acquainted with the Story of Phaethon Next followed the Communion And Their Majesties having made Their second Oblation received the holy Sacrament Then the Bishop read the final Prayers After Prayers Their Majesties retired into S. Edward's Chapel where they were new Arrayed in Purple Velvet And in this Habit they returned to Westminster-Hall with Their rich Crowns of State upon their Heads and the Nobility their Coronets A splendid Dinner being prepared in the Hall for Their Majesties and the whole Proceeding the first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High Constable High Steward and Earl Marshal But the Tables of the Nobility c. were all ready furnished before their Coming in Before the second Course Charles Dymoke Esq Their Majesties Champion came into the Hall on horse-back between the High Constable and the Earl Marshal where be performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendour and Magnificence Their Majesties about eight in the Evening returned to Whitehall CHAP. IX Of the King's peculiar Prerogatives Also of His Power Court and Revenues in general BEsides the Royal Marks of Sovereignty inherent in the Crown of England the King has certain Priviledges properly called by the Name of Prerogatives which are so many Flowers of the Crown The principal are these that follow First all Estates for want of Heirs or by Forfeiture escheat or revert to the King To Him also belong all Lands of Aliens dying before Naturalization or Denization unless they leave Issue born within his Dominions All Waste Ground or Land recovered from the Sea All Gold and Silver Mines in whose Ground soever they are found All Wayfs Strays and Wracks not granted away by Him or any of his Predecessors All Treasure found as Gold Silver Plate Bullion c. the Owner whereof is unknown All Royal Fishes as Whales Dolphins c. And Royal Fowl as Swans not markt and swimming at liberty on the River The King by his Prerogative has the Right of Pre-emption of all Sorts of Victuals near the Court and may take Horses Carts Ships and Boats for his Carriages at reasonable Rates By his Letters Patent he may erect new Counties Cities Boroughs Universities Colledges Schools Hospitals Fairs Markets Forests Chases Free-Warrens c. And without his Authority no Forest Chase or Park can be made or Castle built He has Power likewise to Infranchise an Alien and make him a Denison whereby he is inabled to purchase Houses and Lands and to bear some Offices But none can be Naturalized but by King and Parliament The King only can give Letters of Mart or Reprisal And in case of Losses by Fire or otherwise He only can give Patents to receive the charitable Benevolences of the People without which no Man may ask it publickly Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and till the Kings Debts be satisfied He may protect the Debtor from the Arrest of other Creditors He may Distrein for the whole Rent upon one Tenant tho he do not hold the whole Land Is not obliged to demand his Rent as others are and may sue in what Court he pleases and Distrain where he list No Occupancy can stand good against the King nor any Entry before Him prejudice him And the Sale of the Kings Goods in open Market do's not take away his Property therein All Receivers of Mony for the King or Accomptants to Him for any Branch of his Revenues are chargeable for the same at all times in their Persons Lands Goods Heirs Executors and Administrators And when any Debtor to the King is disabled to pay him by reason of Debts owing him which he has not been able to recover in such a Case the Kings Debtor being Plaintiff has some Priviledges above others by virtue of a Quo minus in the Exchequer In Doubtfull Cases always there ought to be a particular Regard and favourable Presumption for the King And Judgments against the King's Title are always entred with a Salvo Jure Domini Regis That if at any time the King's Council at Law can make out his Title better that Judgment shall not prejudice Him Which is not so for a Subject The King's Servants in Ordinary are free from Arrest also from all Offices that require their Attendance as Sheriff Constable Church-Warden c. And for reasonable Causes Him thereunto moving He may protect any Man against Suits at Law c. with a Noli Prosequi As to Church Matters the King by Act of Parliament is the Supream Head of the Church as He is of the State and is lookt upon as her Gardian and Nursing Father He is as Constantine the Emperor said of himself an external Bishop of the Church and in some Sense a Priest aswell as a King Therefore at his Coronation He is Anointed with Oyl as the Priests were at first and afterwards the Kings of Israel to intimate that his Person is Sacred and Spiritual and has the Dalmatica and other Priestly Vests put upon Him By virtue of his Prerogative He has Power to call a National or Provincial Synod and to make such Alterations in the Church-Discipline as they shall judge expedient And as He is the Lord Paramount or Supream Landlord of all the Lands in England so He has all over England the Supream
eldest Sons Marquesses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons But 't is to be observed that all Dukes that are not Princes of the Bloud are preceded by these four Great Officers of the Crown though they be but Barons viz. the Lord Chancellour the Lord Treasurer the Lord President of the Privy Council and the Lord Privy Seal I leave out the Lord High Steward of England because none of this Office is continued beyond the present Occasion As for the Lord Great Chamberlain of England the Lord High Constable the Lord Marshal the Lord High Admiral the Lord Steward of the King's Houshold and the Lord Chamberlain of the King's Houshold they sit above all of their Degree only The Nobility of England have at all times injoyed many considerable Priviledges Though neither Civil nor Common Law allow any Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any oath is esteemed valid And whereas the law allows any one of the Commonalty arraigned for Treason or Felony to challenge 35 of his Jury without shewing Cause and others by shewing Cause a Peer of the Realm cannot challenge any of his Jury or put any of them to their Oath the Law presuming that they being Peers of the Realm and judging upon their Honour cannot be guilty of Falshood Favour or Malice In Criminal Causes a Peer cannot be tried but by a Jury of the Peers of the Realm who are not as other Juries to be put to their Oath but their Verdict given in upon their Honour sufficeth All Peers of the Realm being lookt upon as the King 's constant Counsellors their Persons are at all Times priviledged from Arrests except in Criminal Cases Therefore a Peer cannot be Outlawed in any Civil Action and no Attachment lies against him The only Way for satisfaction from a Peer is by Execution taken forth upon his Lands and Goods and not by Attachment or Imprisonment of his Person So tender is the Law of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose called Scandalum Magnatum to punish all such as by false Reports â—ring any scandal upon them They are exempted from all Attendance at Leets or Sheriffs Turns where others are obliged to take the Oath of Allegiance And whereas for the suppressing of Riots the Sheriff may raise the Posse Comitatus yet he cannot command any Peer of the Realm to attend that Service In Civil Causes they are not to be Impanelled upon any Jury or Inquest de facto though in a Matter between two Peers and if a Peer be returned upon any such Jury there lies a special Writ for his Discharge They are upon no Case to be bound to their good Behaviour or put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated Every Peer of the Realm summoned to Parliament may constitute in his lawful absence a Proxy to Vote for him which none of the Commons may do And any Peer in a Place of Trust is free to make a Deputy to act in his absence whilst he attends the Person of the King Where a Peer of the Realm is Defendant no Day of Grace is to be granted to the Plaintiff the Law presuming that a Peer of the Realm must always be ready to attend the Person of the King and the Service of the Commonwealth Therefore he ought not to be delayed any longer than the ordinary Use of the Court but tâ— have expedition of Justice In any Civil Trial where a Peer of the Realâ— is Plaintiff or Defendant there must be at leasâ— one Knight returned of the Jury Otherwisâ— the Array may be quashed by Challenge In all Cases wherein the Priviledge of the Clergy is allowed to other Men and in divers Cases where that Priviledge is taken away from them a Peer of the Realm upon his Request shall be for the first time adjudged as a Clerk Convict though he cannot read And that without burning in the Hand loss of Inheritance or Corruption of Bloud In case of Amerciaments of the Peers of the Realm upon Non-Suits or other Judgments a Duke is to be amerced but Ten Pounds and all others under Five This to be done by their Peers according to Magna Charta though it has been often done of late by the King's Justices A Peer of the Realm being sent for by the King to Court Parliament Council or Chancery has the Priviledge passing by the King's Park or Forest both coming and returning to Kill one or two Deer An Earl has 8 Tun of Wine Custom-free and the rest proportionably All Peers of the Realm have a Priviledge of Qualifying a certain Number of Chaplains to hold Plurality of Benefices with Cure of Souls But it must be with a Dispensation first obtained from the Archbishop and the same ratified under the Great Seal of England Thus a Duke may qualify six Chaplains a Marquess and Earl five a Viscount four and a Baron â—hree A Peer of the Realm has also the Priviledge â—f Retaining six Aliens whereas another may â—ot Retain above four These are the chief Priviledges belonging to â—e Nobility of England which are great and â—onsiderable And yet none of them ever had the Priviledge of the Grandees of Spain to be covered in the King's Presence except Henry Ratcliff Earl of Surrey 'T is true the Princes of the Bloud have often had the honour of being covered but then it was by the King 's gracious Command not by virtue of any constant Priviledge Neither are our Noblemen exempted as in France from Tailles and Contributions but always bear a share proportionable And in case of a Poll-Act they are usually thus Rated according to their several Degrees of Honour Viz. Â l. s. d. A Duke 50 00 00 A Marquess 40 00 00 An Earl 30 00 00 A Viscount 25 00 00 A Baron 20 00 00 Those of their Sons which have attained to 16 Years of Age are thus taxed As. Â l. s. d. The Eldest Son of A Duke 30 00 00 The Eldest Son of A Marquess 25 00 00 The Eldest Son of An Earl 20 00 00 The Eldest Son of A Viscount 17 00 00 The Eldest Son of A Baron 15 00 00 A Younger Son of A Duke 25 00 00 A Younger Son of A Marquess 20 00 00 A Younger Son of An Earl 15 00 00 A Younger Son of A Viscount 13 06 00 A Younger Son of A Baron 12 00 00 The Nobles to bear up their Rank have generally great and plentiful Estates some of them beyond those of several Princes beyond Sea And till the Civil Wars in the Reign of Charles I. they lived with suitable splendour and Magnisicence Keeping a plentiful Table and a numerous Attendance with several Officers delighting in
and other like torturing Deaths are lookt upon here as too cruel for Christians to use Neither are the Criminals who with their Lives have expiated their Crimes before the World denied Christian Burial except in particular Cases All this shews a great deal of Moderation and averseness from Cruelty And if we look upon the English in their private Families there we shall find a greater Harmony than perhaps in any Nation For here generally Husbands are the most Kind to their Wives Wives as tender of their Husbands and Parents indulgent to Children The first is so great a Truth that England is every where acknowledged to be the Paradise of Women as it is the Hell of Horses And it is a common By-Word among the Italians that if there were a Bridge over the Narrow Seas all the Women of Europe would run into England For here they are neither so servilely submissive as the French nor so jealously garded as the Italian Here they have the upper hand in the Streets the upper place at Table the Thirds of their Husbands Estates and in many Cases share in all Lands I wish I could clear the English aswell from Wantonness and Debauchery as I have from Cruelty But if they have too much degenerated in this point from their Ancestors the Reason of it is at hand Regis ad Exemplum totus componitur Orbis And if that Rule be constantly true we have now the fairest Prospect of a Reformation that ever Nation had and the greatest Reason to hope shortly to see the English now under a sober and religious as well as a warlike Prince recover their Reputation which has been so long obscured by the Licentiousness of two effeminate Reigns From their Temper I proceed to their Genius wherein our Characterizer is no less abusive And one would think his too much Learning made him mad when he calls the English no less than stolidos amentes inertes that is witless and dull The Truth is other Nations are as deeply ingaged as the English against him in this Quarrel of whom he gives likewise an unmanly Character But to confute him in this Point this I dare aver that no Nation has been more industrious than the English in Mechanick Arts and the World to this day is obliged to them for many of their usefull Inventions and Discoveries For Merchandizing and Navigation no People can compare with them but the Hollanders and their great Wealth arising from thence is a plain Proof and Demonstration of it For Literature especially since the Reformation there is no Nation in the World so generally knowing And as Experimental Philosophy so Divinity both Scholastick and Practical has been Improved here beyond all other Places Which makes Forein Divines and the best sort of them so conversant with the learned Works of those famous Lights of the Church our best English Divines In short the English Genius is for close Speaking and Writing and always to the Point They look upon loose and rambling Discourses with contempt and indignation tho' they be seasoned with never so much wit The gawdy part and pomp of Rhetorick so much affected by the French is slighted by the English who like Men of Reason stick chiefly to Logick And what they speak in publick they deliver it with a Gravity sutable to the Subject slighting those mimical Gesticulations so much used beyond Sea and indeavouring not so much to move the Hearer's Affections as to convince his Reason Gutta cavat Lapidem No Nation perhaps is more Satyrical and quicker in Repartees but still with much gravity and I have often wondered at the Acuteness of some of the common Sort which argues more Wit than our Censurer allow's To express themselves significantly and with the greatest advantages they have a most happy Language tho' like their Bloud it be but a Mixture For it is a Compound chiefly of these three Saxon Latine and French but so that the Saxon is the Stock in which the other two are Ingrafted As for the Excellency of it I have little to add to what has been lately published by Mr. Miege in his Prefatory Discourse to his English Grammar The Excellency says he of the English Tongue consists in these four Things viz. its Facility Copiousness Significancy and Sweetness It s Facility is easily demonstrable in its Exemption from Flexions from that Multiplicity of Cases and other Variations which an Author calls the Emblems of Babel's Curse and Confusion The Invariableness of its Nouns Adjective makes their Concordance easy with the Substantives The Pronouns so puzzling and intricate in French admit of little difficulty in English and what is more easy than the Conjugation of English Verbs Instead of one Particle To used before the Infinitive the French have no less than three Prepositions de a and pour differently used in that Mood Nor is the English troubled with Verbs Reciprocal one of the hardest Ingredients of that Language especially when used with an Interrogation and these intricate Particles en y ne and pas the right placing of which is so puzzling to Strangers The Copiousness I need not use much art to demonstrate For besides the Treasures of the old Saxon which the English retains in its Monosyllables the choicer Wits of the Nation have fetcht hither the very Quintessence of some forein Languages who like Bees have gathered the best and left the worst By which means they have so happily improved their Mother-Tongue that those amongst Foreiners who understand the Genius of it are in a maze to see this Language so far outdo their own and to find many of their transplanted Words thrive better in England than in their proper and natural Soil And whereas the French is stinted and grown barren through its exceeding Nicety the English on the contrary is grown mighty Copious by its innate Liberty of making such Compounds and Derivatives as are proper and sutable to abridge the Expression and to say Multum in parvo Insomuch that it do's almost equalize the Greek and even exceed the Latine in a peculiar grace of compounding Words together which is one of the greatest Beauties that can be in a Language Nor do's its Abundance ly here altogether there being Court and Country English and peculiar Dialects besides the general one in the West and North Countries In short no Vulgar Language can deliver a Matter with more Variety either plainly by Synonima's or by Circumlocution with Metaphors The Significancy of the English is made out to my hand by the Vindex Anglicus in Words to this effect There is scarce says he any Variety that any other Nation can brag of but the English has almost with equal felicity made its own Witness the Italian Courtier the French Salust the Spanish Guzman the Latine Naso and the Greek Polybius Whoever reads that matchless Essay of Mr. Sandys upon the Aeneids would think it writ so by the peerless Maro himself How properly has the renowned Lord Bacon taught us
Woman upon Marriage does not only lose the Power over her Person Will and Goods but she must part with her very Name and ever after use her Husband's Surname contrary to the Custom of some other Countries One Thing more there is yet which evidences the great Subjection of a Wife to her Husband And that is the Punishment inflicted upon a Woman that has Killed her Husband which is to be Burnt alive the Offence being counted Petty-Treason by Law that is as great a Crime as the Killing of his Father or Master Yet in some things the Law is very favourable to the female Sex of England As for Example if a Wife bring forth a Child begotten before Marriage by another Man than her present Husband her Husband is bound to own the Child and that Child shall be his Heir at Law So literally we take the Saying Pater est quem Nuptiae demonstrant If a Husband be a long time absent from his Wife though it be for some Years and his Wife bring forth a Child during his Absence he must father that Child in case he lived all the while in this Island or to speak the Words of the Law inter quatuor Maria. And if that Child be her first-born Son and her Husband's Estate Intailed or left without Will that Child shall be Heir to it Another Priviledge of English-Women is that the Wife having no Joynture settled before Marriage may challenge after her Husband's Death the third part of his yearly Rents of Land during her Life and within the City of London a third Part of all her Husband's Moveables for ever If there be many Children the rest comes to the eldest if not to the next Heir at Law And if she do not approve of the Division she may claim the Right of being Indowed with the best of the Land to a third part But if the Law be so favourable in some Cases to married Women Custom or rather the good Nature of Englishmen makes their Condition much happier Whose Respect and Tenderness for them is generally so great that every where they give 'em the Precedency and put them the least of any Nation upon Drudgery and Hardship Women are not here mewed up as in Italy and Spain and that mischievous Passion of Jealousy has got so little footing here that the Nation is little troubled with its troublesom Influences or fatal Consequences In short married Women have here more Liberty than any where else Their chief Care is of the House and Houshold according to the ancient Custom of the Greek Wives which is indeed the proper Office of a Wife as the Husband 's is to mind his Concerns abroad And such is generally their Carriage to their Husbands and their mutual Tenderness for them that where the Law gives them nothing the dying Husband often leaves all behind him to the Disposal of his Wife Except in London where a peculiar Order is taken by the City agreeable to the Civil Law A Knight's Wife is by the Courtesy of England counted and called a Lady If her Husband die before her and she take afterwards 〈◊〉 Husband of a lower estate still she shall be â—alled Lady with the surname of her first husband and not of the second Which is by â—he Courtesy of England and according to â—adies of a higher Rank as I have before obâ—erved In point of real Estate 't is Observable that â—f the Wife be an Heiress and bring to her Husband an Estate in Land that Land descends â—o her eldest Son and if she has no Sons â—ut only Daughters it is divided amongst â—hem But if she dies without Issue the â—and goes immediately to the next Heir at Law Only the Husband shall enjoy the Proâ—â—es thereof during his Life if so be that he â—â—d a Child alive of her Body that had been heard once to cry And this also is called the Courtesy of England As to what I said before touching real and personal Estates in case of Matrimony the same is to be understood in the sense of the Common Law where there is no private Contract For whatever Contract or Covenants were made before the Marriage betwixt the husband and the Wife either by themselves â—y their Parents or Friends they take place â—nd are of force to be Kept according to the Validity thereof Lastly the Wife in England is accounted 〈◊〉 much one with her Husband that she cannot be produced as Witness for or against her Husband And so strong is the Tie that joyns them together that they may not be wholly Separated by any Agreement between themselves but only by a Judicial Sentence Now there is a twofold Separation both called by the name of Divorce The one in case of Adultery a Mensa Thoro Which is nothing else but a living asunder without a liberty-to Remarry whilst either Party is alive Whereas the other is a Vinculo Matrimonii from the Bond of Matrimony whereby each Party is free to Remarry And this is allowed upon a Nullity of the Marriage or upon some essential Impediment as Consanguinity or Affinity within the Degrees forbidden Precontract Impotency or such like Of which Divines reckon fourteen according to these Verses Error Conditio Votum Cognatio Crimen Cultus Disparitas Vis Ordo Ligamen Honestas Si sis Affinis si forte Coire nequibis Si Parochi duplicis desit praesentia Testis Raptave sit Mulier c. But sometimes in case of Adultery this plenary Divorce has been allowed of in private Cases by Act of Parliament CHAP. XXVI Of Children and Servants FRom the Condition of Women in England I come now to that of Children and Servants As to the first a Father in England has a more absolute Authority over his Children than is usual in our Neighbour Countries Here a Father may give all his Estate Unintailed from his Children and all to one Child the Consideration whereof is apt to keep his Children in aw and within the bounds of filial Obedience But commonly the eldest Son inherits all Lands and the younger Children Goods and Chattels by which is meant the Personal Estate Among the Nobility and Gentry the eldest Son 's Wife's Portion does usually go for the Portions of his Sisters and the younger Sons are put out to some Profession The Reason why the eldest Son is so well provided beyond the rest of the Children is that he may be the better able to bear up the Honour of the Family which in course â—alls to the share of the Eldest For when all is done Titular Honour without Means is commonly lookt upon but as an empty Shadow But if there be no Son the Lands as well as Goods are equally divided among the Daughters A Son at the Age of 14 his Father being dead may chuse his Gardian and may claim his Land holden in Socage that is such Lands as Tenants hold by or for certain inferiour Services of Husbandry to be performed to the Lord of
the Fee He is free to consent to Marriage and may by Will dispose of Goods and Chattels At the Age of 15 he ought to be Sworn to his Allegiance to the King at 21 he is said to be of full Age. Then he is free to make any Contracts and to pass by Will both Goods and Lands which in other Countries may not be done till the Age of 25 called Annus Consistentiae A Daughter at the Age of 7 Years may consent to Marriage but at 12 she is free to retract or confirm it If she confirms it then the Marriage is good and she may make a Will of Goods and Chattels At 21 she may Contract or Alienate her Lands by Will or otherwise Servants in England are either tied to a certain Number of Years or only by the Year these being free to quit their Service at such a Warning as is agreed upon between the Master or the Mistris and the Servant By those that are tied to a certain Number of Years I mean Apprentices the usual Time for their Apprentiship being 7 Years This is the most Servile Condition in England considering the Lash they ly under together with their long and strict Confinement under Articles And whereas other Servants receive Wages for their Service these commonly do pay a Sum of Mony to their Masters for their Prenticeship The Condition of other Servants is much easier all over England For besides that few undergo the Hardship that Prentices do they may be free at the Years end giving 3 Months Warning and if a Servant do not like one Master he may go to another where perhaps he may find more favour or advantage But before a Person ventures upon such a Servant 't is civil first to get his former Masters Leave and prudential to have from him a testimony of his faithfulness and diligence Now there are so many Degrees of Serâ—ants in England that if some live meanly there are others who live genteely and some of these so splendidly as to keep Servants of their own In great Families where a Person of quality makes a proper Figure and has a sutable Attendance there is a necessary Subordination of Servants so that the Inferiour Servants may be at the beck of their Superiour Officers to answer the several parts of their respective Duties Thus a great Man lives like a Prince and Keeps a Court of his own In general it may be said no Country is more favourable than England to Servants who generally live here with more ease and less Subjection and have larger Salaries than any where else The truth is if we consider the nature of a Servant how by going to Service he devests himself of what is dearest to Mankind his Liberty and Subjects his Will to another who sometimes proves magget-headed cruel or tyrannical I think it but reasonable to have a tender Regard for good Servants For this amongst other Things was that great Man of Spain Cardinal Ximenes so noted in his time who proved so bountiful and so generous a Master to his Servants that History to this day does admire him for it As for stubborn and unruly Servants the Law of England gives Masters and Mistresses Power to correct them and Resistance in a Servant is punished with severe Penalty But for a Servant to Kill his Master or Mistris is so high a Crime that it is counted Petty Treason or a Crime next to High Treason Since Christianity prevailed here England admits of no forein Slaves In forein Plantations indeed the English as other Nations buy and sell Negro's as Slaves But a forein Slave brought over into England is upon Landing ipso facto free from Slavery though not from ordinary Service 'T is true there has been a sort of Tenure here called a Tenure in Villenage and the Tenant Villain who was in effect a Bond-man to the Lord of the Land For the Lord might take Redemption of him to marry his Daughter and to make him free He might put him out of his Lands and Tenements Goods and Chattels at his Will and might beat and chastise but not maim him Now such Villains are out of date though the Law concerning them stands unrepealed to this day Servorum Nativorum says Spelman apud nos sublata est Conditio quas ideo possidebant Terras vel Praedia hodie libere tenent sub antiquae Servitutis Consuetudinibus And Sir Edward Coke out of Fortescue has this Note Impius Crudelis judicandus qui Libertati non favet for which he gives this as the Reason of it Anglia Jura in omni Casu dant favorem Libertati the Laws of England in all Cases stand for Liberty The End of the Second Part. THE THIRD PART OF THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary CONTAINING A Description of the several Courts of Judicature Viz. The highest Court of Parliament Privy Council and all other Courts with a Catalogue of the present Officers in Church and State London Printed in the Year 1691. THE NEW STATE OF ENGLAND PART III. Of the Courts of Judicature CHAP. I. Of the Parliament of England THE High Court of Parliament being the Great Council of England the Supreme Court of Judicature and One of the most August Assemblies the World is the Court that I am to speak in the first place It came to be called Parliament from the French Parlement and this from their Verb Parler to speak or talk together The same is taken in a two-fold Sense First as it includes the Legislative Power of England as when we say an Act of Parliament In which Acceptation it includes the King Lords and Commons each of which have a Negative Voice in making Laws so that without their joynt Consent no Law can by either abrogated or made Secondly in a Vulgar Sense as when we say the King and Parliament or the King has called a Parliament by which is meant the Two Houses viz. the House of Lords and the House of Commons This Court is a Body Corporate consisting according to the first Acceptation of the Word of the Three Estates of the Realm And though the Name Parliament by which it is now called be not probably older than the Conquest by William Duke of Normandy yet 't is made plain by ancient Records and Precedents that the former Kings of England even in the Saxons-time had from time to time great National Councils much of the same nature as our Parliaments In the Saxons Time says Lambard the great Council of the Nation consisted of the King Lords and Commons It is most apparent says Prinn by all the old Precedents before the Conquest that all our ancienâ— Councils were nothing else but Parliaments called by different Names in several Ages till at lasâ— that of Parliament was fixed upon them and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usuall present and voted there as Members and Judge The same is averred