our Kings and some Necessities for the preservation of the Weal Publick too much alienated The Antient Dominions of the Kings of England were first England and all the Seas round about Great Britain and Ireland and all the Isles adjacent even too the Shores of all the Neighbour Nations and our Law saith the Sea is of the Ligeance of the King as well as the Land and as a mark thereof all ships of Foreigners have antiently demanded leave to fish and pass in these Seas and do at this day Lower their Top-sailes to all the Kings Ships of War To England Henry 1. annext Normandy and Henry 2. Ireland being stiled only Lord of Ireland till 33 H. 8. although they had all Kingly Jurisdiction before Henry 2. also annext the Dukedomes of Guien and Anjou the Counties of Poictou Turein and Mayn Edward the First all Wales and Edward the Third the Right though not the Possession of all France King James added Scotland and since that time there have been super-added sundry considerable Plantations in America The Dominions of the King of England are at this day in Possession besides his just Right and Title to the Kingdom of France all England Scotland and Ireland Three Kingdoms of large extent with all the Isles above 40 in number small and great whereof some very considerable and all the Seas adjacent Moreover the Islands of Jersey Garnsey and Alderny Parcel of the Dutchy of Normandy besides those profitable Plantations of New England Virginia Barbados Jamaica Florida Bermudos besides several other Isles and Places in those Quarters and some in the East Indies and upon the Coast of Africa also upon the main land of America by right of first discovery to Estoit land Terra Corterialis New found Land Novum Belgium Guiana the King of England hath a Legal Right though not Possession Rex Angliae est Persona mixta cum Sacerdote say our Lawyers He is a Priest as well as a King He is anointed with Oyle as the Priests were at first and afterward the Kings of Israel to intimate that his Person is Sacred and Spiritual and therefore at the Coronation hath put upon him a Sacerdotal Garment called the Dalmatica c. and before the Reformation of England when the Cup in the Lords Supper was denied to the Laity the King as a Spiritual Person received in both kinds He is capable of Spiritual Jurisdiction of holding of Tythes all Extra-Parochial Tythes some Proxies and other Spiritual Profits belong to the King of which Laymen both by Common and Canon Law are pronounced uncapable He is an External Bishop of the Church as Constantine the Emperour said of himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But I am constituted Bishop for external things of the Church Rex idem hominum Phaebique Sacerdos He is as the Roman Emperours Christian as well as Heathen stiled themselves Pontifex Max. He is the Supreme Pastor of England and hath not only Right of Ecclesiastical Government but also of Exercising some Ecclesiastical Function so far as Solomon did 1 Kings 8. when he blessed the People consecrated the Temple and pronounced that Prayer which is the Pattern now for Consecration of all Churches and Chappels but all the Ministerial Offices are left to the Bishops and Priests as the determinination of Causes are to the Kings Judges although the King may himself sit in Judgement if the Affairs of State did not alwayes require his Presence at the Helme and the Administration of Sacraments Preaching and other Church Offices and Duties to the Bishops and their Ordained Clergy Of this Sacred Person of the King of the life and safety thereof the Laws and Customs of England are of tender that they have made it High Treason onely to imagine or intend the death of the King And because by imagining or conspiring the death of the Kings Counsellors or Great Officers of his Houshold the destruction of the King hath thereby sometimes ensued and is usually aimed at saith Stat. 3 H. 7. that also was made felony to be punisht with death although in all other Cases Capital the Rule is Voluntas non reputabitur pro facto and an English Man may not in other Cases be punisht with death unless the Act follow the Intent The Law of England hath so high esteem of the Kings Person that to offend against those Persons and those things that represent his Sacred Person as to kill some of the Crown Officers or the Kings Judges executing their Office or to counterfeit the Kings Seals or his Moneys is made High Treason because by all these the Kings Person is represented and High Treason is in the Eye of the Law so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal his Heirs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them Est enim tam grave crimen saith Bracton ut vix permittitur haeredibus quâ—d vivant High Treason is so grievous a Crime that the Law not content with the Life and Estate and Honour of the Criminal can hardly endure to see his heirs survive him And rather than Treason against the Kings Person shall go unpunisht the Innocent in some Cases shall be punished for if an Idiot or Lunatick who cannot be said to have any will and so cannot offend during his Idiocy or Lunacy shall kill or go about to kill the King he shall be punisht as a Traytor and yet being Non compos mentis the Law holds that he cannot commit Felony or Petit Treason not other sorts of High Treason Moreover for the precious regard of the Person of the King by an Antient Record it is declared that no Physick ought to be administred to him without good Warrant this Warrant to be made by the Advice of his Council no other Physick but what is mentioned in the Warrant ro be administred to him the Physitians to prepare all things with their own hands and not by the hands of any Apothecary and to use the assistance only of such Chyrurgeons as are prescribed in the Warrant And so precious is the Person and Life of the King that every Subject is obliged and bound by his Allegeance to defend his Person in his Natural aswell as Politick Capacity with his own Life and Limbs wherefore the Law saith that the life and member of every Subject is at the service of the Soveraign He is Pater Patriae Dulce erit pro Patre Patriae mori to lose life or limb in defending him from Conspiracies Rebellions or Invasions or in the Execution of his Laws should seem a pleasant thing to every loyal hearted Subject The Office of the King of England according to the Learned Fortescue is Pugnare bella populi sui eos rectissime judicare To fight the Battels of his People and to see Right and Justice done unto them Or according to
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
but to have expedition of Justice At the beginning of Parliament when the Oath of Supremacy is exacted of all those of the House of Commons yet is it not reqnired of any of the Lords because the King is otherwise assured of their Loyalty and Fidelity as is presumed In all Cases wherein the Priviledge of Clergy is allowed to other men and also in divers Cases where that Priviledge is taken away from other men every Peer of the Realm having Place and Voice in Parliament shall upon his Request by Stat. 1. Ed. 6. without burning in the hand loss of Inheritance or corruption of Blood be adjudged for the first time as a Clerk convict though he cannot read All Barons of England are exempted from all attendance at Sherives Turns or any Leets as others are to take the Oath of Allegeance A Peer cannot be outlawed in any Civil Action because he cannot be arrested by any Capias and by the same reason lies no Attachment against him By the Custom of England as is by the Law of the Empire Nobiles non torquentur in quibus plebeii torquerentur Nobiles non suspenduntur sed decapitantur yet this by the meer favour of the King and in some cases especially of Felony hath been otherwise sometimes For the suppressing of Riots and Routs the Sheriff may raise the Posse Comitatus that is â—all able men are to assist him yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service A Baron of Parliament being sent for by the Kings Writ or Letter or by his Messenger to come to Court or to Parliament or to appear before the Council-Board or in his Court of Chancery may both coming and returning by the Kings Forest or Park kill one or two Deer In any Civil Trial where a Peer of the Realm is Plaintiff or Defendant there must be returned of the Jury at least one Knight otherwise the Array may be quasht by Challenge The Laws of England are so tender of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose to prohibit all offence by false reports whereby any scandal to their persons may arise or debate and discord between them and the Commons and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm it is called Scandalum Magnatum If a Peer of the Realm appear not upon a Subpena yet may not an Attachment be awarded against him as it may against a common person though of later times the practice hath been otherwise The House of a Peer cannot in some Cases as in search for Prohibited Books for Conventicles c. be enâ—â—red by Officers of Justice without a Warrant under the Kings own hand and the hands of 6 of his Privy Council whereof 4 to be Peers of the Realm No Peer can be assessed towards the standing Militia but by 6 or more of themselves The Law allowing any one of the Commonalty to be arâ—aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause and others by shewing cause yet allows not a Peer of the Realm to challenge any of his Jury or to put any of them to their Oath the Law presuming that they being all Peers of the Realm and judging upon their Honour cannot be guilty of Falshood oâ— Favour or Malice All Peers of the Realm have a Priviledge of qualifying a certain number of Chaplains who after a Dispensation from the Archbishop if to him iâ— seem good and the same ratified under the Great Seal of England may hold Plurality of Benefices with Cure of Souls In this manner every Duke may qualifie 6 Chaplains every Marquiss and Earl 5 apiece every Vicount 4 and every Baron 3. A Peer of the Realm may retain 6 Aliens born whereas another may not retain above 4. In Case of Amercements of the Peers of the Realm upon Non-suits or other Judgements a Duke is to be amerâ—ed only 10 pounds and all under only 5 l. and this to be done by their Peers accordâ—ng to Magna Charta alâ—hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm beâ—ng constant hereditary Councellours of the King in his Great Council of Parliament and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges are priviledged from contributing to the Expences of any Member of the House of Commons for which no levy may be made upon any of their Lands parcel of their Earldoms or Baronies any of their antient Demesnes Copyhold or Villain Tenants The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages satisfaction is to be sought by Execution taken forth upon their Lands and Goods and not by Attachments Imprisonments of their Persons those are to be alwayes free for the Service of the King and Kingdome noâ— by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8â— Tun of Wine Custome free to every Earl and to the rest proportionably c. Notwithstanding these great Priviledges belonging to the Nobility of England yet the greatest of them no not the Brother or Son of the King ever had the Priviledge of the Grandees of Spain to be covered in the Kings Presence except only Henry Ratcliffe Earl of Surrey as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France whose Domain Lands and their Dependants holding them are exempted from all Contributions and Tailles whereby they are tied to their King and so enabled to serve him that although Rebellions are frequent yet seldome of long continuance and never prosperous whereas the highest born Subject of England hath herein no more Priviledge than the meanest Plowman but utterly want that kind of reward for antient Vertue and encouragement for future Industry Touching the Places or Precedences amongst the Peers of England it is to be observed that after the King and Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and noâ— farther Dukes amongst the Nobility have the first place then Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Vicounts Earls eldest Sons Marquisses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons Here note That it was decreed by King James that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter quateâ—us tales and to all Privy Councellours Master of the Wards Chancellour and Under Treasurer of the Exchequer Chancellour of the Dutchy Chief Justice of the Kings Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and all other Judges and Barons of the Degree of the Coise of the said Courts