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A50824 The new state of England under Their Majesties K. William and Q. Mary in three parts ... / by G.M. Miege, Guy, 1644-1718? 1691 (1691) Wing M2019A; ESTC R31230 424,335 944

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Opinion of the Yeomanry that occupy Lands than of Tradesmen or Artificers And accordingly Yeomen are capable of bearing some Offices as of Constable and Church-Warden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire to serve in Parliament c. And by the Statutes of England certain Immunities are given to Freeholders and Land-men tho they are not Gentlemen Next to Freeholders are the Copy-holders who are much of the same nature I mean those Copy-holders that hold Copy-holds certain Which is a kind of Inheritance in many Places called Customary because the Tenant dying and the Hold being void the next of Bloud paying the Customary Fine as two Shillings for an Acre or such like may not be denied his Admission They are called Copy-holders from the Copy of Court-Roll of the Mannor within which they hold their Land by which Copy only they hold it For this is all a Copy-holder has to shew for his Title which he takes from the Steward of the Lord of the Mannor's Court. But as England is one of the most trading Countries in Europe so the greatest Body of its Commonalty is that of Traders or Men that live by Buying and Selling. The most eminent whereof are those we call Merchants who trade only by Whole-sale These are the Men who by their Stock and Industry have found the Way not only to Inrich themselves but to make the whole Nation thrive and flourish by a perpetual Circulation of Trade by exporting home-bred and importing forein Commodities by incouraging thereby Navigation and by procuring comfortable Imployment to a vast Number of Artificers Tradesmen and ●●etailers In short such is the benign Influence of Trade and Commerce by their means all over the Nation that there is scarce any part of it but feels the Benefit thereof And for this great Advantage to the Publick as well as their private Wealth they have got a proportionable esteem and respect from the rest of the Nation Insomuch that whereas Trading formerly rendred a Gentleman ignoble now an ignoble Person makes himself by Merchandizing as good as a Gentleman and many Gentlemen Born some of them Younger Sons of Noblemen take upon them this Profession without any prejudice or blemish to their Birth Nay the Law of England that ever had but a slight Opinion of Traders is so far Obliterated in this Point by Custom and Interest that whereas by Law a Ward come to Age may bring his Action of Disparagement against his Gardian for offering any such in Marriage now 't is common for Gentlemens and Merchants Sons and Daughters to Intermarry The truth is Gentility with competent Means is an excellent Compound but without it 't is but a wretched Condition as the World goes now And who would not rather be a substantial honest Trader so as to stand upon his own Legs and make some figure in the World than for want of Imployment to starve with a point of Honour or live a borrowed Life in this Age especially where Poverty is so little pitied and grown so contemptible Poverty says an Author the general Scare-crow of Mankind the fear of which keeps Men in perpetual Morion and makes them run headlong into the greatest Dangers Per Mare Pauperiem fugiunt per Saxa per Ignes Poverty a lingering kind of Death that having once seized upon ones Spirits dejects and stupifies him takes away the edge of his Senses weakens his Memory discomposes his Mind and makes him almost uncapable of any Thing Poverty in a Word that turns Men into ridicule as Juvenal has it in these Words Nil habet Paupertas durius in se Quam quod Ridiculos homines facit In France indeed where if a Gentleman born betakes himself to Trade forfeits his Gentility the Gentry stand so much upon their Honour that it is very rare to see a French Gentleman turn to Merchandizing But there they have greater Opportunities for preferring themselves according to their quality especially by the Way of Arms. And so jealous is the whole Body of them of this their Gentility that rather than have it exposed in any of their Members by naked and hungry Poverty their Way is to help one another to the utmost of their Power and which is very commendable they seldom fail to give a Gentleman though never so needy the Respect due to his Birth But it is something surprizing they should so much decline Merchandizing their King Lewis le Grand not to mention his other Commodities being the greatest Salt-Merchant in the Known World But to return to our Commonalty it may be said to comprehend three Parts in four of the Nation the Generality of them Imployed in Husbandry Trade and Navigation some in a higher others in a lesser Degree And such is the Happiness of this People in general that none injoy greater Priviledges or are more secure by Law from Oppression They are subject to no Taxes or Laws but what they contrive themselves by their Representatives in Parliament And in point of Trials none of them can be Tried but by a Jury of his Peers that is by Twelve Men Commoners like himself Nor can he be Condemned but by the Laws of the Land In short the Government is so very favourable to the Common People of England that unless the Laws be invaded which are the Bulwark of the Government they need not fear to be any Way oppressed CHAP. XXII Of the Clergy of England and first of the Bishops THE Clergy of England is like the Laity divided into several Ranks or Degrees For as the Laity consists of Nobility Gentry and Commonalty so the Clergy is divided into Bishops Dignitaries and Inferious Clergy The Bishops are those who take upon them the Government of the Church of England according to Law every one in his Diocese And as England consists of 26 Dioceses or Bishopricks so there are accordingly 26 Bishops or Diocesans Besides the Bishoprick of the Isle of Man which is a distinct Bishoprick Their Office being Pastoral their Business is to feed their Flocks with the wholsom Doctrine of the Church and so to oversee the Inferiour Clergy that by their Lives and Doctrine the People may Keep the Truth and live according to the Rules of Christianity And as each of them has a Canonical Authority over all the Priests of his Diocese so they have all in chief the Power of Ordination Which however is never performed but by the Bishop joyntly with some other Priests They are also Impowred to grant Institutions to Benefices upon Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the Successors Use They are bound to defend the Church-Liberties and once in three Years to Visit each his Diocese In this triennial Visitation they Inquire of the Manners Carriages and Offences of Ministers Church-Wardens and the rest of the Parishioners principally of Offenders against Justice
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 ●alled Lady with the surname of her first husband and not of the second Which is by ●he Courtesy of England and according to ●adies of a higher Rank as I have before ob●erved In point of real Estate 't is Observable that ●f the Wife be an Heiress and bring to her Husband an Estate in Land that Land descends ●o her eldest Son and if she has no Sons ●ut only Daughters it is divided amongst ●hem But if she dies without Issue the ●and goes immediately to the next Heir at Law Only the Husband shall enjoy the Pro●●es thereof during his Life if so be that he ●●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 ●y their Parents or Friends they take place ●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 ●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
Bishops See since the Reign of Henry VIII For as it is no plausible Place either for health or pleasure so it stands out of the way for Trade Yet it shews two handsom Streets a large Market-Place and a fair Parish Church besides the Abbey Which last from a Monastery founded by Wolpher the Mercian King is now become a Cathedral And from that Monastery dedicated by him to St. Peter This Town formerly known by the Name of Medanshede came to be called Peterburgh or Peterborough Dignify●d with the Title of an Earldom in the person of Henry Mordant the present Earl of Peterborough devolved to him from his Father John Lord Mordant created Earl of Peterborough by King Charles I. Anno 1627. Oundle is pleasantly seated on the Banks of the Nen over which it has two Bridges A well built and uniform Town beautified with a fair Church a free School and an Alms-house Nigh unto Oundle Northwards and upon the same River stands Fotheringhay-Castle invironed on all sides with pleasant Meadows Noted for that here Mary Queen of Scots was beheaded Thrapston Higham-Ferrers and Wellingborow ly all three upon the Nen the first two on the Eastern the last on the Western Banks and each of them with a Bridge over the River Higham-Ferrers has a Free-School for the Education of Youth and an Alms house for the Relief of poor people and was anciently strengthned with a Castle whose Ruins are yet to be seen Wellingborow pleasantly seated upon the Ascent of a Hill is a large and well inhabited Town injoying a good Trade beautified with a fair Church and having the Convieniency besides of a Free School Not far from Rothwell or Rowel is Naseby which is said to stand on the highest Ground in England near which the Avon and the Nen two considerable Rivers have their Spring-heads A noted Town for the Battel fought here June 14th 1645 where the Kings Forces commanded by Prince Rupert were totally routed by General Fairfax Towcester situate in a Valley and on the Banks of a small River that empty's it self in the Ouse is a Place of good Antiquity Cambden takes it for the ancient Tripontium which took its Name from 3 Bridges the Roman Port-way which in many places between it and Stony-Stratford shews it self being cut through by three Streams or Channels which the Rivulet there divides it self into About the Year 917. it was so strongly fortified as to resist the furious Assaults of the Danes At present 't is but a small Town beautified however with a fine Church Near this Place Eastward is Grafton a Road-Town in this part of Northamptonshire with a fine Park adjoyning to it and a Mannor-house of great Antiquity most part whereof was burnt and pulled down in the long Intestine War Anno 1643. Memorable for the Marriage here consummated betwixt Edward IV. and the Lady Grey the first King o● England since the Conquest that married his Subject This was the ancient Seat of the Family de Wideville Earls of Rivers And Richard the last of the male Line dying Anno 1490. did by his Will bequeath it amongst other Lands to Thomas Grey Marquess of Dorset In which Name it continued till Henry VIII with whom it was exchanged for other Lands in Leicestershire and so has ever since continued in the Crown Of late become of more remark for giving the Title of Duke to his Grace Henry Fitz-Roy created Baron of Sudbury Viscount Ipswich and Earl of Euston Anno 1672 and Duke of Grafton five years after Brackley a Town of Note when it was in a manner the Staple Town in the County for Wool is seated near the Spring of the Ouse upon the edge of the County towards Buckinghamshire It contains two Parish-Churches and had formerly a Colledge now made use of for a Free-School Daventry and Kettering are seated each of 'em upon a Rivulet that falls into the Nen. The first a great Road-Town from London to the North-West Counties and from thence hither The last North-East from that is delightfully seated on an Ascent and has a Sessions-House for the Justices of Peace of the County who sometimes assemble here Rockingham a small Town is seated on the Weland A Town of note in former Time for its Castle long since demolished Lastly this County together with Rutland make up the Diocese of Peterborough In the Time of the Saxons it made part of the Kingdom of Mercia and its Inhabitants in the Romans Time part of the Coritani Out of it are chosen besides the two Knights of the Shire seven Members of Parliament Viz. 2 out of Northampton 2 out of Peterborough 2 out of Brackley and 1 out of Higham-Ferrers CHAP. XIII Of Northumberland Nottinghamshire Oxfordshire and Rutland Northumberland NORTHVMBERLAND a Maritime County and the furthest North in England is bounded on the East by the German Ocean on the West by Cumberland and the Cheviot Hills which part it from Scotland Northward by the River Twede which divides it also from Scotland and Southward by the Bishoprick of Durham from which severed in part by the River Tine It s Form is triangular contains in Length from North to South about 40 long Miles and in Breadth from East to West at the broadest 30. The Whole divided into six Wards wherein 460 Parishes and but 6 Market-Towns The Air of this County is sharp and piercing in Winter and sometimes troubled with deep Snows and pinching Frosts sutable to its Climate But yet 't is nothing near so sharp as the People And by my late Experience here wet Weather is not so sensible and searching as it is in Middlesex 'T is possible the warm Breaths that continually come out of its numberless Colepits helps with the Vapours of the Sea to take off the rawness of a cold dampish Air. For the Soil as this County is nearly related to Scotland so it is one of the worst Counties in England being for the most part rough and hilly and hard to be manured Yet in some Parts chiefly towards the Sea it is fertile enough But the greatest Riches of this Country lies in the Bowels of the Earth full of Coal-mines Which supply with Coals not only this Country where that Fewel is always bought at very easy rates but a good Part of England besides and London particularly for whose Use many hundred Sail of Ships have yearly from hence their Loading The Coal-Pits made use of to get up this Treasure are all square commonly 7 or 8 foot in diameter and timbered from top to bottom some 30 some 40 more or less but few above 50 fadoms deep A great Depth for Workmen to go and rake a Livelyhood And yet here is a Legion of such Men bred and born to it that spend most of their Life in this Land of Darkness in continual Danger besides that of the Rope of being crushed below by a Thrust sometimes in Danger of Water and in some places of Fire The Way to go down these
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