claim to do Services at the King's Coronation and to receive the accustomed Fees and Allowances In the Procession on the Coronation-Day 't is he that carries the King's Crown The Right Honourable the Earl of Devonshire was honoured with this great Office in the last Coronation Upon the Trial of a Peer he sits under a Cloth of State and his Commission is to proceed secundum Legem Consuetudinem Angliae He is not Sworn nor the Lords who are the Tryers of the Peer arraigned and tho he call all the Judges of the Land to assist him yet he is the sole Judge Next to the Lord High Steward is the Lord High Chancellour who in Civil Affairs now there is no High Steward is the highest Person in the Kingdom next to the Royal Family as the Arch-bishop of Canterbury is in Ecclesiastical His Oath is to do Right to all manner of People rich and poor after the Laws and Customs of the Realm truly to counsel the King and keep secret the King's Counsel to stand for the Rights of the Crown c. The Great Seal of England is in his Custody He is the Judge of the Court of Chancery otherwise called the Court of Equity where he is to judge not according to the Rigour and Letter of the Law but with Equity and Conscience He also bestow's all Ecclesiastical Benefices in the King's Gift under 20 l. a Year in the King's Books Since the Reign of Henry VII this great Office has been commonly executed by Lawyers whereas formerly Bishops and other Clergy-men learned in the Civil Laws were usually intrusted with it The Lord High Chancellour holds his Place but durante Regis Beneplacito during the King's Pleasure And his Place is counted to be worth 8000 l. a Year Anciently he had sometimes a Vice-Chancellour commonly called Keeper of the Great Seal But of later Times they differ only in Name For the late Kings have always beflowed the Great Seal either with the Title of Lord Keeper or of Lord Chancellour but still with the same Power and Right of Precedence Only the Lord Chancellour receives a Patent from the King for his Office which the Lord Keeper do's not and by the Title of Chancellour he is lookt upon as in greater favour with the King But his present Majesty since his Accession to the Crown thought fit to have this Office managed by Commissioners and accordingly it has been hitherto managed by three Lords Commissioners The third Great Officer of the Crown is the Lord High Treasurer who has the Charge and Government of all the King's Revenue kept in the Exchequer He has the Gift of all Customers Comptrolers and Searchers in all the Ports of England and the Nomination of all Escheators in every County He has also the Check of all the Officers imploy'd in collecting all the Revenues of the Crown He has power either by himself or with others joyned in Commission with him to let Leases of all the Crown-Lands And it is he that gives Warrants to certain Persons of Quality to have their Wine Custom-free Anciently he received this Office and Dignity by the delivery of the golden Keys of the Treasury which is now done by delivery of a white Staff to him by the King His Oath do's not differ much from that of the Lord Chancellour and he holds his Place as he do's during his Majesties Pleasure His Place is also reckoned to be worth 8000 l. per ann But this great Office is now executed by four Persons called the Lords Commissioners of the Treasury Next is the Lord President of the King 's Privy Council an Officer as ancient as King John's Time made by the King's Letters Patent under the Great Seal durante Beneplacito His Office is to manage the Debates in Council to propose Matters from the King and report the Transactions to his Majesty In the late Reigns this Office was often supplied by the Chancellour Next to the Lord President is the Lord Privy Seal whose Office is of great Trust and Skill He is so called from the Privy Seal which is in his custody All Charters and Grants of the King and all Pardon 's signed by the King pass through his hands before they come to the Great Seal of England And hâ—â— ought not to put this Seal to any Grant withâ— out good Warrant under the King 's Privy Signet nor with Warrant if it be againsâ— Law or Custom until the King be first acquainted He manages also divers other Matters of less concernment which do not pass the Great Seal He is by his Place of the King 's Privy Council and takes his Oath accordingly besides a particular Oath as Lord Privy Seal Wheâ— there is a Court of Requests he is the chieâ— Judge of it His Place is also during the King's Pleasure 〈◊〉 and his Salary is 1500 l. per annum The sixth Great Officer of the Crown iâ— the Lord Great Chamberlain of England an Officer of State and of great Antiquity whose chief Business is on the Coronation-Day For it is his Office that Day to bring the King his Shirt Coyf and Wearing Cloaths before his Majesty rises and to carry at the Coronation the Coyf Gloves and Linnen to be used by the King upon that Occasion In the Church where the King is Crowned he undresses and attires his Majesty with Robes Royal and giveâ— Him the Gold which is offered by Him at the Altar Before and after Dinner he serves the King with Water to wash his hands For this Service he has 40 Ells of Criâ—â—son Velver for-his own Robes the King 's Beâ— and all the Furniture of his Bed-Chamber all the King's Night-Apparel and the Basoâ— and Towels used at Dinner for his Fees He has also Livery and Lodging in the King's Court certain â—ees from all Peers of the Realm at their Creation and from each Arch-Bishop or Bishop when they do their Hoâ—â—age or Fealty to the King To him belongs the Care of providing all Things in the House of Lords in Parliament-Time and therefore has an Apartment allowed him near the House of Lords This Office is Hereditary and belongs to the Earls of Lindsey The Lord High Constable is another great Officer but of too great Authority and Power to be continued and therefore is only created for the Solemnity of the King's Coronation The Duke of Ormond was High Constable in the last The next is the Earl Marshal of England an Officer of great Antiquity and anciently of great Power His proper Office is to summon the Nobility to the King's Coronation with such Directions for State and publick Appearance as becomes that Solemnity He also takes Cognizance of Matters of War and Arms out of the reach of the Common Law and in these Matters he is commonly guided by the Civil Law Neither can any obtain a Coat of Arms but he must first apply himself to the Earl Marshal to whom the Heralds Colledge is subordinate The last is the Lord
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