with special equity considered Hence is it that so many Priviledges Immunities Exemptions and Dispensations have been to the Clergy of England granted in all times Our Ancestors thinking it very reasonable that as Souldiers were wont by the Roman Emperours to be endowed with certain Priviledges for their warding and fighting to preserve the State from external Enemies so the Clergy ought to have certain Immunities and Priviledges for their watching and spiritual Warfare to preserve the State from internal Enemies the World the Flesh and the Devil Ut serventur immunes Clerici quo Castris suis sedulo commorantes vigiles excubias ducentes summo caell â—mperatori illaesos populos repraeâ—entent Legibus effectum est â—t quam plurima iis Privileâ—ia concessa sint tum ad eorum personas tum bona ac res spectanâ—ia Of Priviledges some belong to Archbishops some to Bishops as they are so and some belong to them and to the inferiour Clergy as they are Ecclesiastiques or Churchmen Before the coming of the Savons into England the Christian Britains had 3 Archbishops viz. of London York and Caerleon an antient great City of South-Wales upon the River Uske Afterward the Archiepiscopal See of London was by the Saxons placed at Canterbury for the sake of St. Austin the Monk who first preached the Gospel there to the Heathen Saxons and was there buried The other of Caerleon was translated to St. Davids in Pembroke-Shire and afterward subjected wholly to the See of Canterbury since which all England and Wales reckon but 2 Archbishops Canterbury and York The Archbishop of Canterbury antiently had Primacy as well over all Ireland as England and the Irish Bishops received their Consecrations from him for Ireland had no other Archbishop until the year 1152 and therefore in the time of the 2 first Norman Kings it was declared that Canterbury was the Metropolitan Church of England Scotland and Ireland and the Isles adjacent He was therefore sometimes stiled a Patriarch and Patriarcha was a Chief Bishop over several Kingdoms or Provinces as an Archbishop is over several Dioceses and had several Archbishops under him was sometimes called Alterius Orbis Papa Orbis Britannici Pontifex and matters done and recorded in Ecclesiastical affairs ran thus Anno Pontificatus Nostri primo secundo c. He was Legatus Natus that is a perpetual Legantine Power was annext to that Archbishoprick near 1000 years ago whereby no other Legat Nuncio or Ambassadour from the Bishop of Rome could here exercise any Legantine Power without special Licence from the King He was so highly respected abroad that in General Councils he was placed before all other Archbishops at the Popes right Foot He was at home so highly honoured by the Kings of England that according to the Practice of Gods own People the Jews where Aaron was next in Dignity to Moses and according to the practice of most other Christian States where the next in Dignity and Authority to the Sovereign is usually the chiefest Person of the Clergy he was accounted the Second Person in the Kingdome and named and ranked even before the Princes of the Blood He enjoyed some special marks of Royalty as to be Patron of a Bishoprick as he was of Rochester to Coyn Moneys and to have the Wardships of all those who held Lands of him Jure Hominii as it is called although they held in Capite other Lands of the King a Princely Prerogative even against the Kings written Prerogative In an antient Charter granted by William the Conquerour to Lanfranc Archbishop of Canterbury he is to hold his Lands with the same freedom in Dominico suo as the words are as the King holdeth his in Dominico suo except only in 2 or 3 Cases and those of no great importance It is an Antient Priviledge of the See of Canterbury that wheresoever any Mannors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of the Diocess of Canterbury The Archbishop of Canterbury by the favour of our Kings is judged fit to enjoy still divers considerable Pre-eminencies He is Primat and Metropolitan over all England and hath a super-eminency and some Power even over the Archbishop of York hath power to summon him to a National Synod and Archiepis Eboracensis venire debet cum Episcopis suis ad nutum ejus ut ejus Canonicis dispositionibus obediens existat The Archbishop of Canterbury is at this day Primus par Regni the first Peer of England and next to the Royal Family to precede not only all Dukes but all the Great Officers of the Crown He is stiled by the King in his Writs directed to him Dei Gratiâ Archiepisc Cant. and writes himself Divina Providentia whereas other Bishops write Divinâ Permissione and he is said to be inthroned when he is invested in the Archbishoprick To Crown the King belongs to him and it hath been resolved that wheresoever the Court shall happen to be the King and Queen are Speciales Domestici Parochiani Domini Ar. Cant. and had antiently the Holy Offerings made at the Altar by the King and Queen wheresoever the Court should happen to be if his Grace was there present Also the Power of appointing the Lent Preachers as thought by our Ancestors much more fit for a Prelate or Spiritual Person to do as in all other Christian Courts then for any Lay Lord as hath been used in England since one Cromwell was by Hen. 8. made Vicar General and placed above the Archbishop of Canterbury The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellour and the Bishop of Rochester his Chaplain In writing and speaking to him is given the Title of Grace as it is to all Dukes and Most Reverend Father in God He hath the Power of all Probate of Testaments and granting Letters of Administration where the Party dying had Bona Notabilia that is five pounds worth or above out of the Diocess wherein he died or ten pounds worth within the Diocess of London or if the party dying be a Bishop though he hath no Goods out of the Diocess where he died Also to make Wills for all such as die intestate within his Province and to administer their Goods to the Kindred or to Pious Uses according to his discretion which most transcendent Trust and Power is so antiently in England belonging to Bishops that the best Antiquary cannot find the first Original thereof By Stat. 25 H. 8. he hath the Honour and Power to grant Licences and Dispensations in all Cases heretofore sued for in the Court of Rome not repugnant to the Law of God or the Kings 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 To allow a Clerk rightly qualified to hold two Benefices with
ever since thâ— Conquest in the Kings of England to the great honour anâ— benefit of the King and Kingâ—dom though some abuseâ— made some of the people out 〈◊〉 love with their good and thâ— Right of that part of his juâ—â— Prerogative The King by his Prerogative is Ultimus Haeres Regni and is as the Great Ocean is 〈◊〉 all Rivers the receptacle of aâ— Estates when no Heir appears for this cause all Estates foâ— want of Heirs or by forfeiture revert or escheat to the King All spiritual Benefices for want of Presentation by the Bishop is lapsed at last to the King all Treasure Trove that is Money Gold Silver Plate or Bullion found and the Owner unknown belongs to the King so all Wayfs Strays Wrecks not granted away by him or any former Kings all Wast ground or Land recovered from the Sea all Lands of Aliens dying before Naturalization or Denization and all things whereof the property is not known All Gold and Silver Mines in whosoever ground they are found Royal Fishes â—s Whales Sturgeons Dolphins c. Royal Fowl as Swans not markt and swimming at liberty on the River belong to the King In the Church the Kings Prerogative and Power is extraordinary great He only hath the Patronage of all Bishopricks none can be chosen but by his Conged ' Estier whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the Kings special Writ or Assent He is the Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal cares as in the 23th year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and by Commissioners or by his Metropolitanes in their several Jurisdictions to make Canons Orders Ordinances and Constitutions to introduce into the Church what Ceremonies he shall think fit reform and correct all Heresies Schismes and punish Contempts c. and therein and thereby to declare what Doctrines in the Church are fit to be publisht or professed what Translation of the Bible to be allowed what Books of the Bible are Canonical and what Apocryphal c. In 28 of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non Residency c. the Queen much incensed forbad them to meddle in any Ecclesiastical Affairs for that it belonged to her Prerogative c. The King hath power to pardon the violation of Ecclesiastical Laws or to abrogate such as are unfitting or useless to dispense with the Rigour of Ecclesiastical Laws and with any thing that is only prohibitum malum per accidens non malum in se as for a Bastard to be a Priest for a Priest to hold two Benefices or to succeed his Father in a Benefice or to be Non Resident c. Hath power to dispense with some Acts of Parliament Penal Statutes by Non Obstantes where himself is only concerned to moderate the rigor of the Laws according to Equity and Conscience to alter or suspend any particular Law that he judgeth hurtful to the Commonwealth to grant special Priviledges and Charters to any Subject to pardon a man by Law condemned to interpret by his Judges Statutes and in Cases not defined by Law to determine and pass Sentence And this is that Royal Prerogative which in the hand of a King is a Scepter of Gold but in the hands of Subjects is a Rod of Iron This is that Jus Coronae a Law that is parcel of the Law of the Land part of the Common Law and contained in it and hath the precedence of all Laws and Customs of England and therefore void in Law is every Custom quae exaltat se in Praerogativam Regis Some of these Prerogatives especially those that relate to Justice and Peace are so essential to Royalty that they are for ever inherent in the Crown and make the Crown they are like the Sun-beams in the Sun and as inseparable from it and therefore it is held by great Lawyers that a Prerogative in point of Government cannot be restrained or bound by Act of Parliament but is as unalterable as the Laws of the Medes and Persians wherefore the Lords and Commons Rot. Parl. 42. Edw. 3. num 7. declared that they could not assent in Parliament to any thing that tended to the disherison of the King and the Crown whereunto they were sworn no though the King should desire it and every King of England as he is Debitor Justitiae to his people so is he in conscience obliged to defend and maintain all the Rights of the Crown in possession and to endeavour the recovery of those whereof the Crown hath been dispossest and when any King hath not religiously observed his duty in this point it hath proved of very dreadful consequence as the first fatal blow to the Church of England was given when Hen. 8. waving his own Royal Prerogative referred the redress of the Church to the House of Commons as the Lord Herbert observes Hist Hen. 8. So the greatest blow that ever was given to Church and State was when the late King parting with his absolute Power of dissolving Parliaments gave it though only pro illâ— vice to the Two Houses of Parliament And indeed it greatly concerns all Subjects though it seem a Paradox to be far more solicitous that the King should maintain and defend his own Prerogative and Preeminence than their Rights and Liberties the truth whereof will appear to any man that sadly considers the mischiefs and inconveniencies that necessarily follow the diminution of the Kings Prerogative above all that can be occasioned by some particular infringements of the Peoples Liberties As on the other side it much concerns every King of England to be very careful of the Subjects just Liberties according to that Golden Rule of the best of Kings Charles I That the Kings Prerogative is to defend the Peoples Liberties and the Peoples Liberties strengthen the Kings Prerogative Whatsoever things are proper to Supreme Magistrates as Crowns Scepters Purple Râ—be Golden Globe and Holy Unction have as long appertained to the King of England as to any other Prince in Europe He holdeth not his Kingdom in Vassallage nor receiveth his Investiture or Installment from another Acknowledgeth no Superiority to any but God only Not to the Emperour for Omnem Potestatem habet Rex Angliae in Regno suo quam Imperator vendicat in Imperio and therefore the Crown of England hath been declared in Parliaments long ago to be an Imperial Crown and the King to be an Emperour of England and Ireland and might wear an Imperial Crown although he choseth rather to wear a Triumphant Crown such as was anciently worn by the Emperours of Rome and that because his Predecessors have triumpht not only over Five
Willmot Earl of Rochester Henry Jermin Earl of St. Albans Edward Montague Earl of Sandwich James Butler Earl of Brecknock Edward Hyde Earl of Clarendon Arthur Capel Earl of Essex Thomas Brudnel Earl of Cardigan Anthony Annesly Earl of Anglesey John Greenvile Earl of Bath Charles Howard Earl of Carlile John Craven Earl of Craven Thomas Bruce Earl of Alisbury Richard Boyle Earl of Burlington Vicounts Leicester Devereux Vicount Hereford Francis Brown Vicount Montague James Fiennes Vicount Say and Seale Edward Conway Vicount Conway Baptist Noel Vicount Camden William Howard Vicount Stafford Thomas Bellasis Vicount Falconbridge John Mordant Vicount Mordant George Savil Vicount Halifax Barons John Nevil Lord Abergavenny James Touchet Lord Andley Charles West Lord de la Warre George Berkly Lord Berkly Thomas Parker Lord Morly and Monteagle Francis Lennard Lord Dacres Conyers Darcy Lord Darcy and Menil William Stourton Lord Stourton William Lord Sandys de la Vine Edward Vaux Lord Vaux Thomas Windsor Lord Windsor Thomas Wentworth Lord Wentworth Wingfield Cromwel Lord Cromwell George Evre Lord Evre Philip Wharton Lord Wharton Francis Willoughby Lord Willoughby of Parham William Paget Lord Paget Dudly North Lord North. William Bruges Lord Chandos William Petre Lord Petre. Dutton Gerard Lord Gerard. Charles Stanhop Lord Stanhop Henry Arundel Lord Arundel of Warder Christopher Rooper Lord Tenham Fulk Grevil Lord Brooke Edward Montague Lord Montague of Boughton Charles Lord Howard of Charlton William Grey Lord Grey of Wark John Robarts Lord Robarts John Lovelace Lord Lovelace John Pawlet Lord Pawlet William Mainard Lord Mainard Thomas Coventry Lord Coventry Edward Lord Howard of Escrick Warwick Mohun Lord Mohun William Butler Lord Butler Percy Herbert Lord Powis Edward Herbert Lord Herbert of Cherbury Francis Seymour Lord Seymour Francis Newport Lord Newport Thomas Leigh Lord Leigh of Stonelty Christopher Hatton Lord Hatton Henry Hastings L. Loughborough Richard Byron Lord Byron Richard Vaughan Lord Vaughan Charles Smith Lord Carington William Widrington Lord Widrington Humble Ward Lord Ward Thomas Lord Culpeper Isaack Astley Lord Astley Richard Boyle Lord Clifford John Lucas Lord Lucas John Bellasis Lord Bellasis Lewis Watson Lord Rockingham Charles Gerard Lord Gerard of Brandon Robert Sutton Lord Sutton of Lexinton Charles Kirkhoven Lord Wotton Marmaduke Langdale Lord Langdale William Crofts Lord Crofts John Berkley Lord Berkley Denzil Hollis Lord Hollis Frederick Cornwallis Lord Cornwallis George Booth Lord de la Mere. Horatio Townsend Lord Townsend Anthony Ashley Cooper Lord Ashley John Crew Lord Crew c. Henry Bennet Lord Arlington John Freschevile Lord Fresschevile Richard Arundel Lord Arundeâ— of Trerice Of Temporal Lords or Peer of England there are at presenâ— about 170 whereof there arâ— 10 Dukes 3 Marquisses 6â— Earls 8 Vicounts and 78 Barons whereas within 60 yearâ— last past there was not onâ— Duke but one Marquiss abouâ— 20 Earls 3 or 4 Vicounts anâ— 40 Lords The Laws and Customs of England alwayes willing that Decorum and Conveniency should be every where observed and considering the Charges and Expences appertaining to the several Degrees of Honour as they belong to Men of Principal Service to the King and Realm both in time of War and Peace expected that each of them should have a convenient Estate and Value of Lands of Inheritance for the support of their Honours and the Kings Service Therefore antiently when the intrinsique value of a Pound Sterling was worth 30 l. of our Money now every Knight was to have about 800 Acres reckoned at 20 l. yearly in Land that is about 600 l. of our Money at this day A Baron to have 13 Knights Fees and one third part which amounted to 400 l. which multiplied by 30 was as much as 8000 l. a year at this day An Earl 20 Knights Fees and a Duke 40. And in case of decay of Nobility or that they had so far wasted their Revenues that their Honours could not decently be maintained as the Roman Senators were in such case removed from the Senate so sometimes some English Barons have not been admitted to sit in the Higher House of Parliament though they kept the Name and Title of Dignity still For the better support oâ— these Degrees of Honour the King doth usually upon the Creation of a Duke Marquiss Earl or Vicount grant an Annuity or yearly Rent to them and their heirs which is so annext to the Dignity that by no Grant Assurance or any manner of Alienation can be given from the same but is still â—ncident to and a support of the same Creation contrary to that Principle in Law That every Land of Feesimple may be charged with a Rent in Fee-simple by one way or other To a Duke the King grants 40 l. heretofore a considerable Pension to a Marquiss 40 Marks to an Earl 20 l. and to a Vicount 20 Marks To Barons no such Pensions is ordinarily granted onely the late King creating Mountjoy Blount the late Earl of Newport Lord Mountjoy of Thurlston granted him a Fee of 20 Marks per annum to him and his heirs for ever As the King of England hath ever had the repute of the richest in Domaines of any King in Europe so the Nobility of England have been accounted the richest in Lands of any Neighbouring Nation some having above 20000 l. yearly others 15000 and so many of them above ten that if one with another they have 10000 l. yearly it will amount to in all amongst the 160 Lords Sixteen hundred thousand pounds a year about the ninth part of the yearly Revenue of all England which upon Computation is found to be about Fourteen Millions yearly The English Nobility for Valour Wisdome Integrity â—nd Honour hath in all former Ages been equal to any in Christendom Every Lords House was a kind of a well disciplined Court insomuch that the Gentry Males and Females were wont to be sent thither for vertuous breeding and returned excellently accomplisht At home their Table Attendance Officers Exercises Recreations Garb was an Honour to the Nation Abroad they were attended with as brave numerous and uniform Train of Servants and Followers as any â—uâ—ope not thinking it consistent with their Honours to be seen walk the Streets almost in Cuerpo with one Lackey or not that much less to be found drinking in a Tavern c. If the English Nobility by â— long continued Peace excessive Luxury in Diet want oâ— Action c. were before thâ— late Wars born more feeble in body than their Ancestors anâ— by too fine and too full Dieâ— afterwards were rendred weaker in mind and then during thâ— late troubles by much licentiousness and want of fit Education were so debauched thaâ— it was lately difficult to finâ— as some are bold to affirme the Courage Wisdom Integrity Honour Sobriety and Courtesie of the Antient Nobility yet is it not to be doubted but that under a Warlike Enterprising Prince all those Vertues of their Fore-Fathers may spring afresh especially if we consider the vicissitude
Freeholders which are so called because they hold Lands or Tenements inheritable by a perpetual Right to them and their heirs for ever there are in England a very great number of Copyholders who hold Lands within some Mannors only by Copy of Court Roll of the said Mannour c. have Jus perpetuum utile Dominium though not Allodium directum Dominium which none in England but the King hath Amongst the Commons of England in the next place are reckoned Tradesmen amongst whom Merchants of Forrein Trafick have for their great benefit to the publick for their great Endowments and generous living been of best repute in England and although the Law of England look upon Tradesmen and Chapmen that live by buying and selling as a baser sort of people and that a Ward within age may bring his Action of Disparagement against his Guardian for offering any such in Marriage yet in England as well as Italy to become a Merchant of Forreign Commerce without serving any Apprentisage hath been allowed as no disparagement to a Gentleman born especially to a younger Brother Amongst Tradesmen in the next place are Whole-sale-men then Retailers lastly Mechanicks or Handy-crafts-men These are all capable of bearing some Sway or Office in Cities and Towns Corporate The lowest Member the Feet of the Body Politique are the Day-Labourers who by their large Wages given them and the cheapness of all Necessaries enjoy better Dwellings Diet and Apparel in England than the Husbandmen do in many other Countries Liberties and Properties As the Clergy and Nobility have certain Priviledges peculiar to themselves so they have Liberties and Properties common to the Commonalty of England The Commons of England for hereditary fundamental Liberties and Properties are blest above and beyond the Subjects of any Monarch in the World First No Freemen of England ought to be imprisoned or otherwise restrained without cause shewn for which by Law he ought to be so imprisoned Secondly To him that is imprisoned may not be denied a Writ of Habeas Corpus if it be desired Thirdly If no cause of Imprisonment be alledged and the same be returned upon an Habeas Corpus then the Prisoner ought to be set at Liberty Fourthly No Soldiers can be quartered in the House of any Freeman in time of Peace without his will though they pay for their quarters Fifthly Every Freeman hath such a full and absolute propriety in Goods that no Taxes Loans or Benevolences can be imposed upon them without their own consent by their Representative in Parliament Moreover They have such an absolute Power that they can dispose of all they have how they please even from their own Children and to them in what inequality they will without shewing any cause which other Nations governed by the Civil Law cannot do Sixthly No Englishman may be prest or compelled unless bound by his Tenure to march forth of his County to serve as a Souldier in the wars except in case of a Forreign Enemy invading or a Rebellion at home Nor may he be sent out of the Realm against his will upon any forreign Employment by way of an honourable Banishment Seventhly No Freeman can be tried but by his Peers nor condemned but by the Laws of the Land or by an Act of Parliament Eighthly No Freeman may be fined for any Crime but according to the merit of the Offence alwayes salvo sibâ— contenemente suo in such manner that he may continue and go on in his Calling Briefly If it be considered only that they are subject to no Laws but what they make themselves nor no Taxes but what they impose themselves and pray the King and Lords to consent unto their Liberties and Properties must be acknowledged to be transcendent and their worldly condition most happy and blessed and so far above that of the subjects of any of our Neighbour Nations that as all the Women of Europe would run into England the Paradise of Women if there were a Bridge made over the Sea so all the Men too if there were but an Act for a general Naturalizati-of all Aliens Of the Women Children and Servants of England TOuching the Women of England there are divers things considerable in the English Laws and Customs Women in England with all their Moveable Goods so soon as they are married are wholly in potestate viri at the will and disposition of the Husband If any Goods or Chattels be given to Feme Covert to a Married Woman they all immediately become her Husbands She cannot let set sell give away or alienate any thing without her Husbands consent Her very Necessary Apparel by the Law is not hers in property If she hath any Tenure at all it is in Capite that is she holds it of and by her Husband who is Caput mulieris and therefore the Law saith Uxor fulget radiis mariti All the Chattels personal the Wife had at the Marriage is so much her Husbands that after his death they shall not return to the Wife but go to the Executor or Administrator of the Husband as his other Goods and Chattels except only her Parapherna which are her Necessary Apparel which with the consent of her Husband she may devise by Will not otherwise by our Law because the property and possession even of the Parapherna are in him The Wife can make no Contract without her Husbands consent and in Law matters sine viro respondere non potest The Law of England supposeth a Wife to be in so much Subjection and Obedience to her Husband as to have no will at all of her own Wherefore if a Man and his Wife commit a felony together the Wife by the Law can be neither Principal nor Accessory the Law supposing that in regard of the subjection and obedience she owes to her Husband she was necessitated thereunto The Law of England supposes in the Husband a power over his Wife as over his Child or Servant to correct her when she offends and therefore he must answer for his Wives faults if she wrong another by her Tongue or by Trespass he must make satisfaction So the Law makes it as high a Crime and allots the same punishment to a Woman that shall kill her Husband as to a Woman that shall kill her Father or Master and that is Petty Treason and to be burnt alive So that a Wife in England is de jure but the best of Servants having nothing her own in a more proper sense than a Child hath whom his Father suffers to call many things his own yet can dispose of nothing The Woman upon Marriage loseth not onely the power over her person and her will and the property of her Goods but her very Name for ever after she useth her Husbands Surname and her own is wholly laid aside which is not observed in France and other Countries where the Wife subscribes her self by her Paternal Name as if Susanna the Daughter of R. Clifford be married
first Kings of England â—ad all the Lands of England 〈◊〉 Demesne The second sole Monarch amongst the Saxon Kings Ethelwolphus by the advice of his Nobles gave foâ— ever to God and the Church both the Tythe of all Good and the Tenth part of all the Lands of England free from all Secular Service Taxations or Impositions whatsoever the Charter of which Donation 〈◊〉 to be seen in Ingulphus and other Authors which Chartâ— thus ends Qui augere voluerâ— nostram donationem as many Pious Kings and Nobles sinâ— have done augeat Omnipotenâ— Deus dies ejus prosperos si quâ—â— vero mutare vel minuere praesumpâ— serit noscat se ad tribunal Christ rationem redditurum Beside the Tenth of Land and the Husbandmans profits Merchants also and Shop-keepers paid to their Spirituaâ— Pastors the Tenth of theiâ— Gain Servants in divers Plaâ—es the Tenth of their Wages 〈◊〉 as Soldiers in the Kings Armies do now a part of their Pay and in some places Aleâ—ellers the Tenth Flagon Alâ—o Handicrafts-men and Day-â—abourers paid the Tenth of â—heir Wages upon their Oaths 〈◊〉 required Per Assisas Forestae and other â—ecords it doth appear that â—ythes have been paid even â—f Venison in divers parts of England men making consciâ—nce in those dayes as amongst â—he antient Jews to pay Tythes â—f all they possâ—ssed Besides all those in some plaâ—es were paid to the Pastor Obâ—entions Oblations Pensions Mortuaries c. so that the Enâ—lish Clergy were the best provided for of any Clergy in the whole World except only the Nation of the Jews amongst whom the Tribe of Levi being not the 40th part of the 12 Tribes as appears in the Book of Numbers yet had as Mr. Selden confesseth and that by Gods own appointment three times the Annual Revenue of the greatest of the 12 Tribes insomuch that the poorest Priest in the 24 Courses might be reputed a wealthy person And as amongst the Jews the 24 Chief Priests for the better maintenance of their Authority and Dignity had means far exceeding those of the Inferiour Clergy and the High Priest had a Maintenance as far exceeding any of the said 24 Priests So in England the Bishops by the great Piety and Bounty of several English Kings had in Lands and Revenues Temporal and Spiritual a Maintenance far more â—mple than those of the Inferiour Clergy and the 2 Archbishops more ample than â—he Bishops William the Conquerour at his coming into England found â—he Bishopricks then in being 〈◊〉 richly endowed with Lands â—hat he erected them all into Baronies and every Barony â—hen consisted of 13 Knights Fees at the least Besides theâ—e belonged to Bishops several Perquisits and Duties for the Visitations of â—heir Diocesses for Ordinasions Institutions Census Cathedraticus subsidium Charitativum which upon reasonable Causes they might requireâ— of the Clergy under them also other Duties called Decimarum quarta Mortuariorum Oblationum pensitatio Juâ— Hospitii Processio Litania Viatici vel Commeatus collatio which upon a Journey to Româ— they might demand Tenthâ— and First Fruits was antiently paid as is believed to the several Diocesans and was continued to the Bishop of Norwich till Henry 8. deprived him thereof and deprived the Pope of all the rest Moreover all Cathedral Churches were by divers Kings and Nobles richly furnisht with Lands for thâ— plentiful maintenance of a Dean and a certain number of Prebends insomuch that together with the Lands given to Monasteries a third part of the Lands of England belonged to the Church and Church-men whereby did accrue much benefit to this Nation great Hospitality was kept many Hospitals Colledges Churches Bridges built and other Publick Pious and Charitable Works All Leases held of them by the Laity were not â—aly much more easie than other Tenures but so unquestionable that there was little work for the Lawyers so much peaceableness that 140 sworn Attourneys was thought sufficient to serve the whole Kingdome At present the Revenues of the English Clergy is generally very small and insufficient above a third part of the best Benefices of England being antiently by the Popes Grant appropriated to Monasteries towards their maintenance were upon the dissolution of Monasteries made Lay Fees besides what hath been taken by secret and indirect means thorow corrupt Compositions anâ— Compacts and Customs in many other Parishes also manâ— large Estates wholly exempâ—â— from paying Tythes as Land belonging to the Cistertiaâ— Monks to the Knights Templars and Hospitallers Thoâ— Benefices that are free from these things yet besides Fiâ—â— Fruits and Tenths to the King and Procurations to the Bishop are taxed towards the Chargâ— of their respective Parishes and towards the publique charges of the Nation above and beyond the proportion of the Laity The Bishopricks of England have been also since the later end of Hen. 8. to the coming in of King James most miserably robbed and spoiled of the greatest part of their Lands and Revenues so that at this day a mean Gentleman of 200 l. land yearly will not change his worldly estate and condition with divers Bishops an Attourney a Shop-Keeper a common Artisan will hardly change theirs with ordinary Pastors of the Church Some few Bishopricks do yet retain a competency amongst which the Bishoprick of Durham is accounted one of the Chief the yearly Revenues whereof before the late troubles was above 6000 l. of which by the late Act for abolishing Tenures in Capite was lost above 2000 l. yearly Out of it an yearly Pension of 880 l is paid to the Crown ever since the Raign of Queen Elizabeth who promised in lieu thereof so much in Impropriations which was never performed Above 340 l. yearly paid to several Officers of the County Palatine of Durham The Assises and Sessions duly kept in the Bishops House at the sole Charges of the Bishop The several expences for keeping in repair certain Banks of Rivers in that Bishoprick and of several Houses belonging to the Bishoprick Moreover the yearly Tenths the Publick Taxes the Charges of going to and waiting at Parliament being deducted there will remain communibus annis to the Bishop to keep Hospitality which must be great and to provide for those of his Family but about 1500 l. yearly The like might be said of some other Principal Bishopricks The great diminution of the Revenues of the Clergy and the little care of augmenting or defending the Patrimony of the Church is the great reproach and shame of the English Reformation and will one day prove the ruin of Church and State Judicious Mr. Hooker who in the Preface of his Works fore-told our late troubles 40 years before they came to pass observing in his time how the Church was every day robbed of her Dues and that it was then an opinion rife That to give to the Church smelt of Judaisme and Popery and to take from the Church what our Ancestors had given was Reformation declared that what Moses saith in the 90th Psalme was likely to
to E. Chamberlayn she writes her self Susanna Clifford Chamberlayn Notwithstanding all which their condition de facto is the best in the World for such is the good nature of Englishmen towards their Wives such is their tenderness and respect giving them the uppermost place at Table and elsewhere the right hand every where and putting them upon no drudgery and hardship that if there were a Bridge over into England as aforesaid it is thought all the Women in Europe would run thither Besides in some things the Laws of England are above other Nations so favourable to that Sex as if the Women had voted at the making of them If a Wife bring forth a Child during her Husbands absence though it be for some years within England and not beyond the Seas that Husband must father that Child If a Wife bring forth a Child begotten by any other before Marriage yet the present Husband must own the Child and that Child shall be his Heir at Law The Wife after her Husbands death may challenge the third part of his yearly Rents of Lands during her life and within the City of London a third part of all her Husbands moveables for ever As the Wife doth participate of her Husband Name so likewise of his Condition If he be a Duke she is a Dutchess if he be a night she is a Lady if he be an Alien made a Denison she is ipso facto so too If a Freeman marry a Bondwoman she is also free during the Coverture wherefore it is said as before Uocor fulget radiis Mariti All Women in England are comprised under Noble or Ignoble Noble Women are so three manner of wayes viz. by Creation by Descent and by Marriage The King the Fountain of Honour may and oft hath created Women to be Baronesses Countesses Dutchesses c. By Descent such Women are Noble to whom Lands holden by such Dignity do descend aâ— Heir for Dignities and Titles of Honour for want of Males descend to Females but to one of them onely because they are things in their own nature entire and not to be divided amongst many as the Lands and Tenements are which descend to all the Daughters equally besides by dividing Dignities the Reputation of Honour would be lost and the Strength of the Realm impaired for the Honour and Chevalry of the Realm doth chiefly consist in the Nobility thereof By Marriage all Women are Noble who take to their Husbands any Baron or Peer of the Realm but if afterwards they 〈◊〉 to Men not Noble they 〈◊〉 their former Dignity and follow the condition of their laâ—â— Husband for eodem modo distolvitur earum Nobilitas quo constituitur But Women Noble by Creation or Descent or Birthright remain Noble though they marry Husbands under their Degree for such Nobility is accounted Character indelebilis Here note that by the Courtesie of England a Woman Noble only by Marriage alwayes retaineth her Nobility but if the Kings Daughter marry a Duke or an Earl illa semper dicitur Regalis as well by Law as Courtesie Noble women in the Eye of the Law are as Peers of the Realm and are to be tried by their Peers and to enjoy most other Priviledges Honour and Respect as their Husbands Only they cannot by the opinion of some great Lawyers maintain an Action upon the Statute De Scandalo Magnatum the Makers of that Statute meaning only to provide in that Case for the Great Men and not for the Women as the words of that Statute seem to import Likewise if any of the Kings Servants within his Check Roll should conspice the death of any Noblewoman this were not Felony as it is if like Conspiracy be against a Nobleman None of the Wives Dignities can come by Marriage to their Husbands although all their Goods and Chattels do onely the Wives Lands are to descend to her next Heir yet is the Courtesie of England such that as the Wife for her Dower hath the third part of her Husbands Lands during her life so the Husband for the Dignity of his Sex and for playing the Man in begetting his Wife with Child which must appear by being born alive shall have all his Wives Lands for his Dower if it may be so called during his life By the Constitutions of England married persons are so fast joyned that they may not be wholly separated by any agreement between themselves but only by Sentence of the Judge and such separation is either a Vinculo Matrimonii and that is ob praecontractum vel ob contractum per metum effectum vel ob frigiditatem vel ob affinitatem sive Censanguinitatem vel ob Saevitiam or else such separation is a Mensa Thoro and that is ob Adulterium The Wife in England is accounted so much one with her Husband that she caunot be produced as a witness for or against her Husband Concerning Children in England The Condition of Children in England is different from those in our Neighbour Countries As Husbands have a more absolute Authority over their Wives and their Estates so Fathers have a more absolute Authority over their Children Fathers may give all their Estates from their own Children and all to any one Child and none to the rest the consideration whereof keeps the Children in great awe Children by the Common Law of England are at certain ages enabled to perform certain Acts. A Son at the age of 14 may choose his Guardian may claim his Lands holden in Socage may consent to Marriage may by Will dispose of Goods and Chattels At the age of 15 he ought to be sworn to his Allegeance to the King At 21 he is said to be of full age may then make any Contracts may pass not only Goods but Lands by Will which in other Countries may not be done till the Annus consistentiae the age of 25 when the heat of youth is somewhat abated and they begin to be staied in mind as well as in growth A Daughter at 7 years is to have aid of her Fathers Tenants to marry her for at those years she may consent to Marriage though she may afterwards dissent At 9 she is dowable as if then or soon after she could virum sustinere and thereby Dotem promereri At 12 she is enabled to ratifie and confirm her former consent given to Matrimony and if at that age she dissent not she is bound for ever she may then make a Will of Goods and Chattels At 14 she may receive her Lands into her own hands and is then out of Wardship if she be 14 at the death of her Ancestor At 16 though at the death of her Ancestor she was under 14 she shall be out of Wardship because then she may take a Husband who may be able to perform Knights-service as well as hers At 21 she is enabled to contract or alienate her Lands by Will or otherwise The Eldest Son inherits all Lands and to the younger Children are disposed Goods and Chattels and commonly the Eldest Sons Wives Portion and besides they are carefully educated in some Profession or Trade If there be no Son the Lands as well as Goods are equally divided amongst the Daughters Concerning Servants in England The Condition of Servants in England is much more favourable than it was in our Ancestors dayes when it was so bad that England was called the Purgatory of Servants as it was and is still the Paradise of Wives and the Hell for Horses Ordinary Servants are hired commonly for one year at the end whereof they may be free giving warning 3 Moneths before and may place themselves with other Masters only it is accounted discourteous and unfriendly to take another Mans Servant before leave given by his former Master and indiscreet to take a Servant without a Certificate of his diligence and of his faithfulness in his Service to his former Master All Servants are subject to be corrected by their Masters and Mistresses and resistance in a Servant is punisht with severe penalty but for a Servant to take away the life of his or her Master or Mistris is accounted a Crime next to High Treason and called Petty Treason and hath a peculiar Punishment Capital Slaves in England are none since Christianity prevailed A Slave brought into England is upon landing ipso facto free from Slavery but not from ordinary service Some Lands in England are holden in Villanage to do some particular Services to the Lord of the Mannor and such Tenants may be called the Lords Servants There is a Twofold Tenure called Villanage one where the Tenure only is servile as to plow the Lords ground sow reap and bring home his Corn dung his Land c. the other whereby both Person and Tenure is servile and bound in all respects at the disposition of the Lord such persons are called in Law pure Villans and are to do all Villanous Services to improve the Land he holds to the Lords use themselves to be wholly at the Lords Service and whatever they get is for their Lord of such there are now but few left in England The nearest to this condition are Apprentices that signifies Learuers a sort of Servants that carry the Marks of pure Villans or Bond-slaves as before in the Chapter of Gentry is intimated differing however in this that Apprentices are Slaves only for a time and by Covenant the other are so at the Will of their Masters FINIS Name Climat Dimensions Aire Soyle Comâ—odities Inhabitants Their Language Stature Dyet Attire Buildings Number of Inhabitants Dispositions and humours of the Inhabitants Recreations Weights and Measures Measures Moneys English Coâ—â—â—tation English Numbring English Names Surnamesâ— Name Title Arms. Patrimony Dominions Person Office Power and Prerogative Supremacy and Soveraignty Divinity Respect Minor â—capaâ—ty Absence â—â—me â—erogaâ—es Dignity Eldest Son Title Arms. Dignity Priviledges Revenues Cadets Name Surname Genealogy Birth Baptisme Court Education Marriage Arms. Lord Chancellour Dignity Office Oath Salary Lord Treasurer Oath Office Lord Privy Seal Dignity Admiral Office Chamberlain Constable Earl Marshal High Steward Clergy their Dignity Name Degrees Bishop Archbishop Suffragan Bishop Dean Archdeacon Priviledges of the Clergy Archbishop Canterbury York don Revenues of the Clergy Name Use Degrees Duke Marquisâ— Earl Vicount Baron Priviledges Precedence State Marquiss Earl Vicount Baron Number Revenue Baronets Knights Knights of the Garter Knights Bannerets Knights of the Bath Knights Bachelors Gentleman