the Nobility or Bishops is made choice of by the Three States assembled in the name of the Infant King who by Nature or Alliance hath most Interest in the preservation of the Life and Authority of the Infant and to whom least benefit can accrue by his Death or Diminution as the Uncle by the Mothers side if the Crown come by the Father and so vice versa is made Protector so during the minority of Edward 6. his Uncle by the Mothers side the Duke of Somerset had the tuition of him and was called Protector and when this Rule hath not been observed as in the minority of Edw. 5. it hath proved of ill consequence If the King of England be Non compos mentis or by reason of an incurable disease weakness or old age become uncapable of governing then is made a Regent Protector or Guardian to govern King Edward 3. being at last aged sick and weak and by grief for the death of the Black Prince sore broken in body and mind did of his own will create his fourth Son John Duke of Lancaster Guardian or Regent of England If the King be absent upon any Foreign Expedition or otherwise which antiently was very usual the Custom was to constitute a Vice-gerent by Commission under the Great Seal giving him several Titles and Powers according as the necessity of affairs have required sometimes he hath been called Lord Warden or Lord of the Kingdom and therewith hath had the general power of a King as was practised during the Absence of Edward the First Second and Third and of Henry 5. but Henry 6. to the Title of Warden or Guardian added the Stile of Protector of the Kingdom and of the Church of England and gave him so great power in his absence that he was tantum non Rex swaying the Scepter but not wearing the Crown executing Laws summoning Parliaments under his own Teste as King and giving his assent to Bills in Parliament whereby they became as binding as any other Acts. Sometimes during the Kings Absence the Kingdom hath been committed to the care of several Noblemen and sometime of Bishops as less dangerous for attempting any usurpation of the Crown sometimes to one Bishop as Hubert Archbishop of Canterbury was Viceroy of England for many years and when Edward 3. was in Flanders though his Son then but nine years old had the Name of Protector John Stafford Archbishop of Canterbury was Governour both of the Kings Son and of the Realm Lastly Sometimes to the Queen as two several times during the absence of Henry 8. in France Of the QUEEN of ENGLAND THe Queen so called from the Saxon Konigin whereof the last syllable is pronounced as gheen in English it being not unusual to cut off the first Syllables as an Almes-House is sometimes called a Spital from Hospital She hath as high Prerogatives Dignity and State during the life of the King as any Queen of Europe From the Saxon times the Queen Consort of England though she be an Alien born and though during the life of the King she be femme covert as our Law speaks yet without any Act of Parliament for Naturalization or Letters Paâ—ents for Denization she may purchase Lands in Feesimple make Leases and Grants in her own Name without the King hath power to give to sue to contract as a femme sole may receive by gift from her Husband which no other femme â—overt may do Had anciently a Revenue of Queen Gold or Aurum Reginae as the Records call it which was the tenth part of so much as by the Name of Oblata upon Pardons Gifts and Grants c. came to the King Of later times hath had as large a Dower as any Queen in Christendome hath her Royal Court apart her Courts and Officers c. The Queen may not be impleaded till first petitioned shall not be amerced if she be nonsuited as all other Subjects are if she be Plaintiff the Summons in the Process need not have the solemnity of 15 dayes c. Is reputed the Second Person in the Kingdom The Law setteth so high a value upon her as to make it High Treason to conspire her death or to violate her Chastity Her Officers as Attourney and Sollicitor for the Queens sake have respect above others and place within the Barre with the Kings Council The like honour the like reverence and respect that is due to the King is exhibited to the Queen both by Subjects and Foreigners and also to the Queen Dowager or Widdow Queen who also above other Subjects loseth not her Dignity though she should marry a private Gentleman so Queen Katharine Widdow to King Henry the Fifth being married to Owen ap Theodore Esquire did maintain her Action as Queen of England much less doth a Queen by inheritance or a Queen Soveraign of England follow her Husbands condition nor is subject as other Queens but Soveraign to her own Husband as Queen Mary was to King Philip. Of the SONS and DAUGHTERS of ENGLAND THe Children of the King of England are called the Sons and Daughters of England because all the subjects of England have a special interest in them though the whole power of Education Marriage and disposing of them is only in the King The Eldest Son of the King is born Duke of Cornwall and as to that Dutchy and all the Lands Honours Rents and great Revenues belonging thereunto he is upon his Birth-day persumed and by law taken to be of full age so that he may that day sue for the Livery of the said Dukedom and ought of right to obtain the same as if he had been full 21 years of age Afterwards he is created Prince of Wales whose Investiture is performed by the Imposition of a Cap of Estate and Coronet on his Head as a Token of Principality and putting into his Hand a Verge of Gold the Emblem of Government and a Ring of Gold on hs Finger to intimate that he must be a Husband to his Countrey and Father to her Children Also to him is given and granted Letters Patents to hold the said Principality to him and his Heirs Kings of England by which words the separation of this Principality is prohibited From the day of his Birth he is commonly stiled the Prince a Title in England given to no other Subject The Title of Prince of Wales is ancient and was first given by King Edward 1. to his Eldest Son for the Welsh Nation till that time unwilling to submit to the yoke of strangers that King so ordered that his Queen was delivered of her first Child in Caernarvan Castle in Wales and then demanded of the Welsh If they would be content to subject themselves to one of their own Nation that could not speak one word of English and against whose life they could take no just exception Whereunto they readily consenting the King nominated this his new born Son and afterwards created
him Prince of Wales and bestowed on him all the Lands Honours and Revenues belonging to the said Principality The Prince hath ever since been stiled Prince of Wales Duke of Aquitaine and Cornwall and Earl of Chester and Flint which Earldomes are alwayes conferred upon him by his Patent since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but more ordinarily the Prince of Wales As Eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth The King of Englands Eldest Son so long as Normandy remained in their hands was alwayes stiled Duke of Normandy Antiently the Princes of Wales whilest they were Soveraigns bare quarterly Gules and Or 4 Lyons passant gardant counterchanged The Arms of the Prince of Wales differ from those of the King only by addition of a Labell of three points and the Device of the Prince is a Coronet beautified with three Ostrich Feathers inscribed with Ich dien which in the German or old Saxon Tongue is I serve alluding perhaps to that in the Gospel The Heir whilest his Father liveth differeth not from a Servant This Device was born at the Battel of Cressy by John King of Bohcmia as serving there under the King of the French and there slain by Edward the Black Prince and since worn by the Princes of Wales and by the Vulgar called the Princes Arms. The Prince by our Law is reputed as the same Person with the King and so declared by a Statute of Henry 8. Corruscat enim Princeps say our Lawyers radiis Regis Patris sui censetur una persona cum ipso And the Civilians say the Kings Eldest Son may be stiled a King He hath certain Priviledges above other Persons To imagine the death of the Prince to violate the Wife of the Prince is made High Treason Hath heretofore had priviledge of having a Purveyor and taking Purveyance as the King To retain and qualifie as many Chaplains as he shall please To the Prince at the Age of 15 is due a certain Aid of Moneys from all the Kings Tenants and all that hold of him in Capite by Knight Service and Free Socage to make him a Knight Yet as the Prince in nature is a distinct person from the King so in Law also in some cases He is a Subject holdeth his Principalities and Seignories of the King giveth the same respect to the King as other Subjects do The Revenues belonging to the Prince since much of the Lands and Demesnes of that Dutchy have been aliened are especially out of the Tinne Mines in Cornwall which with all other profits of that Dutchy amount yearly to the summe of The Revenues of the Principality of Wales surveyed 200 years ago was above 4680 l. yearly a rich Estate according to the value of Money in those dayes At present his whole Revenues may amount to Till the Prince come to be 14 years old all things belonging to the Principality oâ— Wales were wont to be disposed of by Commissioners consisting of some principal Persons of the Clergy and Nobility The Cadets or younger Son of England are created noâ— born Dukes or Earls of what Places or Titles the King pleaseth They have no certain Appanages as in France but onely what the good pleasure of the King bestows upon them All the Kings Sons are Consilii nati by Birth-right Counsellors of State that so they may grow up in the weighty affairs of the Kingdom The Daughters of England are stiled Princesse the eldest of which have an Aid or certain rate of Money paid by every Tenant in Capite Knight Service and Soccage towards her Dowry or Marriage Portion To all the Kings Children belong the Title of Royal Highness All Subjects are to be uncovered in their presence to kneel when they are admitted to kiss their hands and at Table they are out of the Kings Presence served on the Knee The Children the Brothers and Sisters of the King if Plaintiffs the summons in the Process need not have the solemnity of 15 dayes as in Case of other Subjects The Natural or Illegitimate Sons and Daughters of the King after they are acknowledged by the King take precedence of all the Nobles under those of the Blood Royal. They bear what Surname the King pleaseth to give them and for Arms the Arms of England with a Bend Sinister border Gobionnee or some other mark of illegitimation Some Kings of England have acknowledged many and had more illegitimate Sons and Daughters King Henry the First had no fewer than sixteeen illegitimate Children Henry the Eighth amongst others had one by Elizabeth Blount named Henry Fitzroy created by him Duke of Somerset and Richmond Earl of Notingham and Lord High Admiral of England Ireland and Aquitain OF THE PRESENT KING OF ENGLAND THe King now raigning is CHARLES the Second of that Name His Name of Baptisme Charles in the German Tongue signifies one of a Masculine strength or vertue The Royal and also the most princely and antient Families of Europe at this day have properly no Surnames for neither is Burbon the Surname but the Title of the Royal Family of France nor Austria of Spain nor Stuart of England since the coming in of King James nor Theodore or Tudor for his 5 immediate Ancestors in England nor Plantagenet for 11 Generations before as some vainly think for although Geffery Duke of Anjou was surnamed Plantagenet from a Broom Stalk commonly worn in his Bonnet yet his Son H. 2. King of England was surnamed Fitz-empresse and his Son Richard Coeur de Lion So Owen Grandfather to King Henry 7. was ap Meredith and he ap Theodore pronounc'd Tyder Surnames being then but little in use amongst the Cambrobritans So Walter Father to Robert King of Scotland from whom our present King is descended was only by Office Grand Seneschal or High Steward or Stuart of Scotland though of later times by a long vulgar errour it hath so prevailed that they are accounted Surnames of many Families descended from him Steward is a Contraction from the Saxon word Stedeward that is in Latine Locum-tenens in French Lieu-tenant because the Lord High Steward was Regis Locum tenens a Name not unfit for any King who is Dei Locum tenens Gods Stuart or Lieutenant or Vicegerent upon Earth The King now raigning is Son to King Charles the Martyr and the Princess Henretta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his Veins all the Royal Blood of Europe concentred Is descended lineally and lawfully from the British Saxon Danish Norman and Scottish Kings and Princes of this Island From the first British King the 139th Monarch from the Scottish in a continued Succession for almost 2000 years the 109th from the Saxon the 46th and from the first of the Norman Line the 26th King So that for Royal
under him against the French King then leagued with the English Rebels against Spain where his Magnanimity and Dexterity in Martial Affairs though unsuccessful were very eminent In the year 1660 came over with the King into England and being Lord High Admiral in the year 1665 in the War against the Vnited States of the Netherlands commanded in person the whole Royal Navy on the Seas between England and Holland where with incomparable valour and extraordinary hazard of his own Royal Person after a most sharp dispute he obtained a Signal Victory over the whole Dutch Fleet commanded by Admiral Opdam who perisht with his own and many more Ships in that Fight He married Anne the eldest Daughter of Edward Earl of Clarendon late Lord High Chancellour of England by whom he hath had a numerous issue whereof are living first the Lady Mary born 30 April 1662 whose Godfather was Prince Rupert and Godmothers the Dutchesses of Buckingham and Ormond Secondly the Lady Anne born in Febr. 1664 whose Godfather was Gilbert Lord Archbishop of Canterbury her Godmothers were the young Lady Mary her Sister and the Dutchess of Monmouth She is lately for her health transported into France Thirdly 15 Sept. 1667 was born Edgar lately created Duke of Cambridge by Letters Patents under the Great Seal of England whose Godfathers were the Duke of Albemarle and the Marquiss of Worcester his Godmother the Countess of Suffolk The Titles of his Royal Highness are Duke of York and Albany Earl of Ulster Lord High Admiral of England Ireland and all Foreign Plantations Constable of Dover Castle Lord Warden of the Cinque Ports Governour of Portsmouth c. Of the Prince of Orenge NExt to the Duke of York and his Issue is William of Nassau Prince of Orenge only Issue of the lately deceased Princess Royal Mary eldest Daughter to King Charles the First and wedded 1641 to William of Nassau Commander in Chief of all the Forces of the States General both by Land and by Sea His Highness the present Prince was born 9 dayes after his Fathers death on the 14th Novemb. 1650 had for Godfathers the Lords States General of Holland and Zealand and the Cities of Delft Leyden and Amsterdam His Governess was the Lady Stanhop then wife to the Heer van Hemvliet At 8 years of age was sent to the University of Leyden His Revenue is about 60000 l. Sterling besides Military Advantages enjoyed by his Father and Ancestors which amounted yearly to about 30000 l. Sterling more He is a Prince in whom the high and princely qualities of his Ancestors already appear Of the Princess Henretta THe next Heir after the fore-named to the English Crown is the Princess Henretta only Sister living to the present King of England She was born the 16th of June 1644 at Exeter during the heat of the late Rebellion after the surrender of Exeter conveyed to Oxford and thence 1646 to London whence with her Governess the Lady Dalkieth she escaped into France was there educated as became her high Birth and Quality but being left wholly to the care and maintenance of the Queen her Mother at Paris embraced the Romish Religion At the age of 16 years came with the Queen Mother into England and 6 moneths after returning into France was married to the only Brother of the French King the Illustrious Prince Philip then Duke of Anjou till the death of his Uncle and now Duke of Orleans whose Revenue is 1100000 Livres Tournois besides his Appanage not yet setled Her Portion was 40000 l. Sterling her Joynture to be the same with the present Dutchess Dowager of Orleans This Princess hath issue one Daughter if she hath a Son the French King allows him 50000 Crowns yearly and the Appanage after the death of the present Duke reverts to the Crown Of the Prince Elector Palatine THere being left alive no more of the Off-spring of King Charles the First the next Heirs of the Crown of England are the Issue and Descendants of Elizabeth late Queen of Bohemia only Sister to the said King who was married to Frederick Prince Palatine of the Rhine afterwards stiled King of Bohemia whose eldest Son living is Charles Lodowick Prince Elector Palatine of the Rhine commonly called the Palsgrave from the High Dutch pfaltzgraff Palatii Comes was born the the 22th December 1617 at Heydelberg and afterwards in Holland at the Hague and at the University of Leyden was educated in a Princely manner At the age of 18 years came into England was created Knight of the Garter about two years after fought a Battel in Westphalia In the year 1637 passing incognito thorow France to take possession of Brisach upon the Rhine which the Duke Saxon Weymar intended to deliver up unto him together with the Command of his Army he was by that quick-sighted Cardinal Richlieu discovered at Moulins and thence sent back Prisoner to the Bois de Vincennes whence after 23 weeks imprisonment he was by the mediation of the King of England set at liberty In the year 1643 he came again into England and with the Kings secret consent because the King could not continue unto him the wonted Pension whilst the Rebels possest the greatest part of his Majesties Revenues made his Addresses to and abode with the disloyal part of the Lords and Commons at Westminster until the Murder of the said King and the Restauration of the Lower Palatinat according to the famous Treaty at Munster for which he was constrained to quit all his right to the Upper Palatinat and accept of an Eighth Electorship at a juncture of time when the King of England had he not been engaged at home by an impious Rebellion had been the most considerable of all other at that Treaty and this Prince his Nephew would have had the greatest advantages there In 1650 he espoused the Lady Charlotte Daughter to the Landgrave of Hessen by which Lady he hath one Son named Charles aged about 16 and one Daughter aged about 14. Of Prince Rupert NExt to the Issue of the Prince Elector Palatin is Prince Rupert born at Prague 27 Novemb. 1619 not long before that very unfortunate Battel there fought whereby not only all Bohemia was lost but the Palatin Family was for almost 30 years dispossest of all their Possessions in Germany At 13 years of age he marcht with the then Prince of Orenge to the Siege of Rhineberg afterwards in England was created Knight of the Garter At the age of 18 he commanded a Regiment of Horse in the German Wars and in a Battel being taken by the Imperialists under the Command of Count Hatzfield he continued a prisoner above three years In 1642 returning into England and made General of the Horse to the King fights and defeats Collonel Sands near Worcester routed the Rebels Horse at Edge-hill took Cirencester recovered Lichfield and Bristol raised the long Siege before Latham House fought the great Battel at Marston Moor was created Earl of Holderness and
France and Ireland King Defender of the Faith The King only is Dei Gratiâ simply i.e. from the favour of none but God and the Archbishops and Bishops that pretend to that Title must understand Dei gratiâ Regis or Dei gratiâ voluntate Regis Defender of the Faith was antiently used by the Kings of England as appears by several Charters granted to the University of Oxford but in the year 1521 more affixt by a Bull from Pope Leo the Tenth for a Book written by Henry the Eighth against Luthers in defence of some points of the Romish Religion but since continued for defence of the Antient Catholck and Apostolick Faith Primogenitus Ecclesiae belongs to the Kings of England because their Predecessor Lucius was the first King that embraced Christianity Christianissimus was by the Lateran Council under Pope Julius the 2d conferred on the Kings of England in the 5th year of Henry 8 though now used only by the French King The Title of Grace was first given to the King about the time of H. 4. to H. 6. Excellent Grace to Ed. 4. High and Mighty Prince to Hen. 8. first Highness then Majesty and now Sacred Majesty after the Custom of the Eastern Emperours that used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The King of England in his Publick Instruments and Letters stiles himself Nos We in the plural number before King John's time the Kings used the singular number which Custom is still seen in the end of Writs Teste meipso apuâ— Westm In speaking to the King is used often besides Your Majesty Syr from Cyr in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Abbreviation o◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dominus much used to the Greek Emperours but Syr or Domine iâ— now in England become the ordinary word to all of better rank even from the King to the Gentleman It was antiently in England given to Lords afterwards to Knights and to Clergymen prefixt before their Christian Names â—ow in that manner only to Baâ—onets and Knights of the Bath and Knights Batchelours yet in France Syr or Syre is reserved only for their King About the time that our Saviour lived on Earth there was a Jewish Sect whose Ring-â—eader was one Judas of Gaile mentioned Acts 5. 37. that would not give this Title of Sir or Dominus to any man affirming that it was proper only to God and stood not unlike our new Fanaticks called Quakers so perversely for such Nominal Liberty being â—n other points meer Pharisees that no penalties could force them to give this honorary Title to any man no not to the Emperour uti videre 〈◊〉 apud Josephum alios Sed hâ—â— obiter The Saxon Kings before the Conquest bare Azure a Crossâ— Formy between four Martlet Or. Afterward the Danish King raigning in England bare oâ— Semi de Harts Gules 3 Lyon Passant Gardant Azure After the Conquest the Kings of England bare two Leopards born first by the Conquerour as Duke of Normandy till the time of Hen. 2 who in right of his Mother annext her Paternal Coat the Lyon of Aquitaine which being of the same Field Mettal and Form with the Leopards â—â—om thence-forward they were â—intly marshalled in one Shield and Blazoned 3 Lyons as at â—resent King Edward the Third in â—â—ght of his Mother claiming â—he Crown of France with the Arms of England quartered the Arms of France which then were Azure Semy Flower â—eluces Or afterwards changed to 3 Flower deluces whereupon Hen. 5. of England caused the English Arms to be changed likewise King James upon the Union of England and Scotland caused the Arms of France and England to be quartered with Scotland and Ireland and are thus blazoned The King of England beareth for his Soveraign Ensigns Armorial as followeth In the first place Azure 3 Flower deluces Or for the Regal Arms of France quartered with the Imperial Ensigns of England which are Gules threâ— Lyons Passant Gardant in Palâ— Or. In the second place with in a double Tressure counter-flowered de lys Or a Lyon Rampant Gules for the Royal Arms of Scotland In the third place Azure an Irish Harp Or Stringed Argent for the Royal Ensigns of Ireland In the fourth place as in the first All within the Garter the chief Ensign of that most Honourable Order above the same an Helmet answerable to His Majesties Soveraign Jurisdiction upon the same a rich Mantle of Cloth of Gold doubled Ermine adorned with an Imperial Crown and surmounted for a Crest by a Lyon Passant Gardant Crowned with the like supported by 〈◊〉 Lyon Rampant Gardant Or Crowned as the former and an unicorn Argent Gorged with a Crown thereto a Chain affixt passing between his foreâ—egs and reflext over his back Or both standing upon a Compartment placed underneath and in the Table of the Compartment His Majesties Royal Motto Dieu mon Droit The Supporters used before the Union of England and Scotland were the Dragon and Lyon The Arms of France placed first for that France is the greater Kingdom and because from the first bearing those Flowers have been alwayes Ensigns of a Kingdom whereas the Arms of England were originally of Dukedoms as beforesaid The Motto upon the Garter Honi soit qui mal y pense that is Shame be to him that evil thereof thinketh was first given by Edward 3 the Founder of that Order upon occasion as some have written of a Garter falling from the Countess of Kent and Salisbury as she danced and taken up by that King whereat the Queen being jealous or the Courtiers observing it the King first uttered those words now upon the Garter whereof the Order was soon after instituted The Motto Dieu mon Droit that is God and my Right was first given by Richard the First to intimate that the King of England holdeth his Empire not in Vassallage of any mortal man but of God only and after taken up by Edward 3. when he first claimed the Kingdom of France King William the Conquerour getting by right of Conquest all the Lands of England except Lands belonging to the Church to Monastenies and Religious Houses into his own hands in Demesne as Lawyers speak soon bestowed amongst his Subjects aâ— great part thereof reserving some retribution of Rents and Services or both to him and his Heirs Kings of England which reservation is now as it was before the Conquest called the Tenure of Lands the rest he reserved to himself in Demesne called Coronae Regis Dominica Domaines and Sacra Patrimonia Praedium Domini Regis Directum Dominum cujus nullus est Author nisi Deus all other Lands in England being held now of some Superiour and depend mediately or immediately on the Crown but the Lands possest by the Crown being held of none can escheat to none being sacred cannot become prophane are or should be permanent and inalienable Which Royal Domaines are by Time the Gift and Bounty of
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
another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all â—onours both of higher and of â—â—wer Nobility of England â—he Power of determining Reâ—ards and Punishments By His Letters Patents may â—ect new Counties Bishopricks â—niversities Cities Burroughs â—â—lledges Hospitals Schools â—airs Markets Courts of Juâ—â—ice Forests Chases Free â—arrens c. The King by his Prerogative â—â—th power to enfranchise an â—lien and make him a Denison â—hereby he is enabled to purâ—â—ase Leases of Houses and â—ands and to bear some Offiâ—es Hath power to grant Letâ—rs of Mart or Reprisal The King by his Prerogaâ—ive hath had at all times the â—ight of Purveyance or Preemption of all sorts of Victuaâ— neer the Court and to talâ— Horses Carts Boats Ships for his Carriages at reasonabâ—â— rates also by Proclamation 〈◊〉 set reasonable rates and pricâ— upon Flesh Fish Fowl Oaâ— Hay c. which his Majesâ—â— now raigning was pleased to exchange and in liew thereof 〈◊〉 accept of some other recompence Debts due to the King are the first place to be satisfied 〈◊〉 case of Executorship and Admiâ—nistratorship and until thâ— Kings Debt be satisfied he maâ—â— Protect the Debtor from the arrest of other Creditors May distrain for the whoâ— rent upon one Tenant that holdâ—eth not the whole land maâ— require the Ancestors Debt 〈◊〉 â—he Heir though not especiâ—ly bound is not obliged to â—â—mand his rent as others are â—â—ay sue in what Court he â—â—ease and distrain where he 〈◊〉 No Proclamation can be â—ade but by the King No Protection for a Defenâ—ant to be kept off from a Suit â—t by him and that because 〈◊〉 is actually in his Service He only can give Patents in â—se of losses by Fire to reâ—ive the Charitable Benevolenâ—s of the People without â—hich no man may ask it pubâ—â—kly No Forest Chase or Park 〈◊〉 be made nor Castle to be â—uilt without the Kings Auâ—â—ority The sale of his Goods in a open Market will not take awaâ— his property therein His Servants in ordinary aâ— priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaâ—â— to him for any of his Revenueâ— their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ— same at all times for Nulluâ— tempus occurrit Regi His Debtor hath a kind 〈◊〉 Prerogative remedy by a Qâ—minus in the Exchequer against all other Debtors or any against whom they have anâ— Cause of Personal Action supposing that he is therebâ— â—isabled to pay the King and 〈◊〉 this Suit the Kings Debtor â—eing Plaintiff hath some Priâ—iledges above others In Doubtful Cases Semper â—â—aesumitur pro Rege No Statute restraineth the King except he be especially â—amed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ— may demand reasonable Aid Money of his Subjects to Knighâ— his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of 〈◊〉 years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at Law c. In all Cases where the King is party his Officers with an arrest by force of a Process at Law may enter and if entrance be denied may break open the â—ouse of any man although â—ery mans House is said to be 〈◊〉 Castle and hath a priviâ—â—dge to protect him against all â—her Arrests A Benefice or Spiritual Liâ—ng is not full against the King 〈◊〉 Institution only without Inâ—â—ction although it be so against Subject None but the King can hold â—â—ea of false judgments in the â—ourt of his Tenants The King of England by his â—rerogative is Summus Regni â—ustos and hath the Custody â—f the Persons and Estates of â—uch as for want of understanding â—annot govern themselves 〈◊〉 or â—erve the King so the Persons â—nd Estates of Ideots and Luâ—aticks are in the Custody of â—he King that of Ideots to his own use and that of Luâ—naticks to the use of the nexâ— Heir So the Custody or Wardâ—â—ships of all such Infants whoâ— Ancestors held their Lands bâ— Tenure in Capite or Knight service were
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
Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vegeâ—ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus Deâ— enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament iâ— ipso facto puâ—ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
Vindicta est mihi for all punishments do proceed from him in some of his Courts of Justice and it is not lawful for any Subâ—ect to revenge himself So he onely can be Judge in his own Cause though he deâ—â—ver his Judgement by the Mouth of his Judges And yet there are some â—hings that the King of England cannot do Rex Angliae â—ihil injuste potest and the King cannot devest himself or his Successors of any part of his Regal Power Prerogative and Authority inherent and annext to the Crown not that there â—s any defect in the Kings Power as there is none in Gods Power though he cannot lie nor do any thing that implies Contradiction not but that the King of England hath as absolute a power over all his Subâ—ects as any Christian Prince rightfully and lawfully hath oâ— ever had not but that he still hath a kind of Omnipotency noâ— to be disputed but adored by his Subjects Nemo quidem 〈◊〉 factis ejus praesumat disputarâ— saith Bracton multo minuâ— contra factum ejus ire nam dâ—â— Chartis Fact is ejus non debenâ— neâ— possunt Justiciarii multâ— minus privatae personae disputare Not but that the King may do what he please without either opposition or resistance and without being questioned by his Subjects for the King cannot be impleaded for any Crime no Action lieth against his Person because the Writ goeth forth in his own Name and he cannot arrest himself If the King should seize his Subjects Lands which God forbid or should take away his Goods having no Title by Law so to do there is no remedy Onely this Locus erit saith the same Bracton supplicationi quod factum suum corrigat emendet quod quidem si non fecerit sufficit ei â—d paenam quod Dominum Dèum expectet Vltorem There may be Petitions and Supplications made that His Majesty will be pleased to rule according to Law which if he shall refuse to do it is sufficient that he must expect that the King of Kings will be the Avenger of Oppressed Loyal Subjects But there are also divers things which the King cannot do Salvo jure Salvo Juramento Salvâ Conscientia sua Because by Oath at his Coronation and indeed without any Oath by the Law of Nature Nations and of Christianity he holds himself bound as do all other Christian Kings to protect and defend his people to do justice and to shew mercy to preserve Peace and Quietness amongst them to allow them their just Rights and Liberties to consent to the Repealing of bad Laws and to the Enacting of good Laws Two things especially the King of England doth not usually do without the consent of his Subjects viz. make New Laws and raise New Taxes there being something of Odium in both of them the one seeming to diminish the Subjects Liberty and the other his Property therefore that all occasion of disaffection towards the King the Breath of our Nosthrils and the Light of our Eyes as he is stiled might be avoided it was most wisely contrived by our Ancestors that for both these should Petitions and Supplications be first made by the Subject These and divers other Prerogative rightfully belong and are enjoyed by the King of England Nevertheless the Kings of England usually govern this Kingdom by the ordinary known Laws and Customs of the Land as the great God doth the World by the Laws of Nature yet in some Cases for the benefit not damage of this Realm they make use of their Prerogatives as the King of Kings doth of his Extraordinary Power of Working of Miracles Lastly To the Kings of England quatenus Kings doth appertain one Prerogative that may be stiled super-excellent if not miraculous which was first enjoyed by that pious and good King Edward the Confessor which is by the touch to remove and to cure the Struma that stubborn disease commonly called the Kings Evil. In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from his Subjects more Reverence Honour and Respect than the King of England All his People at their first Addresses kneel to him he is at all times served upon the Knee all Persons not the Prince or other Heir Apparant excepted stand bare in the presence of the King and in the Presence Chamber though in the Kings absence Only it was once indulged by Queen Mary for some eminent services performed by Henry Ratcliffe Earl of Sussex that by Patent he might at any time be covered in her presence but perhaps in imitation of the like liberty allowed by King Philip her Husband and other Kings of Spain to some of the principal Nobility there called Grandees of Spain Any thing or Act done in the Kings Presence is presumed to be void of all deceit and evil meaning and therefore a Fine levied in the Kings Court where the King is presumed to be present doth bind a Feme Covert a married Woman and others whom ordinarily the Law doth disable to transact The Kings only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch of Justice he useth no other Witness but himself viz. Teste me ipso Of the Kings Succession to the Crown of ENGLAND THe King of England hath right to the Crown by Inheritance and the Laws and Customs of England Upon the Death of the King the next of Kindred though born out of the Dominions of England or born of Parents not Subjects of England as by the Law and many Examples in the English Histories it doth manifestly appear is and is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Crown of England descends from Father to Son and to his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brother to the Sister and her Heirs The Salique Law or rather Custom of France hath here no more force than it had anciently among the Jews or now in Spain and other Christian Hereditary Kingdoms Among Turks and Barbarians that French Custom is still and ever was in use In Case of descent of the Crown contrary to the Custom of the descent of Estates among Subjects the Half Blood shall inherit so from King Edward the Sixth the Crown and Crown Lands descended to Queen Mary of the half blood and again to Queen Elizabeth of the half blood to the last Possessor At the death of every King die not only the Offices of the Court but all Commissions granted to the Judges durante beneplacito and of all Justices of Peace If the King be likely to leave his Crown to an Infant he doth usually by Testament appoint the person or persons that shall have the tuition of him and sometimes for want of such appointment a fit person of
Duke of Cumberland after the extinction of the Male Line of the Cliffords Finally the Kings forces at land being totally defeated he transported himself into France and was afterward made Admiral of such Ships of War as submitted to King Charles the Second to whom after divers disasters at Sea and wonderful preservations he returned to Paris 1652 where and in Germany sometimes at the Emperours Court and sometimes at Heydelberg he passed his time in Princely Studies and Exercises till the Restauration of his Majesty now raigning after which returning into England was made a Privy Counsellour in 1662 and in 1666 being joyned Admiral with the Duke of Albemarle first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the Enemy soon to flight He enjoys a Pension from his Majesty of 4000 l. per Annum After Prince Rupert the next Heirs to the Crown of England are 3 French Ladies Daughters of Prince Edward lately deceased who was a younger Son of the Queen of Rehemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. Sterling a year After these is the Princess Elizabeth eldest Sister living to the Prince Elector Palatin born 26 Decemb. 1618. unmarried and living in Germany The next is another Sister called the Princess Louisa bred up at the Hague with the Queen her Mother in the Religion of the Church of England at length embracing the Romish Religion is now Lady Abbess of Maubisson at Ponthoise not far from Paris Last of all is the Princess Sophia youngest Daughter to the Queen of Bohemia born at the Hague 1630. and in 1659 wedded to John Duke of Lunenberg and Free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters Of these three Princesses it is said that the first is the most learned the second the greatest Artist and the last one of the most accomplisht Ladies in Europe Of the Great Officers of the Crown NExt to the King and Princes of the Blood are reckoned the Great Officers of the Crown whereof there are Eight viz. the Lord High Chancellour the Lord High Treasurer the Lord Privy Seal the Lord High Admiral the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Steward for the time being First the Lord High Chancellour Summus Cancellarius so called because all Patents Commissions Warrants coming from the King and perused by him are signed if well or cancelled if amiss He is after the King and Princes of the Blood in Civil Affairs the highest Person in the Kingdom as the Archbishop of Canterbury is in Ecclesiastical Affairs His Office is to keep the Kings Great Seal to judge not according to the Common Law as other Civil Courts do but to moderate the rigour of the Law and to judge according to Equity Conscience or Reason His Oath is to do right to all manner of People poor and rich after the Laws and Customs of the Realm and truly counsel the King to keep secret the Kings Counsel nor suffer so far as he may that the Rights of the Crown be diminisht c. From the time of Henry 2. the Chancellours of England have been ordinarily made of Bishops or other Clergy-men learned in the Civil Laws till Henry 8. made Chancellour one Richard Rich a Common Lawyer from whom is descended the present Earl of Warwick and the Earl of Holland since which time there have been some Bishops but most Common Lawyers This High Office is in France durante vitâ but here is durante beneplacito Regis The Salary from the King is 848 l. per Annum and when the Star-Chamber was up 200 l. per Annum more for his Attendance there The Lord Chancellour or Lord Keeper who differ only in Name is created per traditionem magni Sigilli sibi per dominum Regem and by taking his Oath The Great Seal being lately taken from Edward Earl of Clarendon Lord Chancellour was by his Majesties great favour bestowed upon Sir Orlando Bridgeman with the Title of Lord Keeper of the Great Seal of England The next Great Officer of the Crown is the Lord High Treasurer of England who receives this high Office by delivery of a White Staffe to him by the King and holds it durante beneplacito Regis Antiently he received this Dignity by the delivery of the Golden Keys of the Treasury His Oath is little different from that of the Lord Chancellour He is Praefectus Aerarii a Lord by his Office under whose Charge and Government is all the Kings Revenue kept in the Exchequer He hath also the check of all the Officers any way emploied in collecting Imposts Customs Tributes or other Revenues belonging to the Crown He hath the gift of all Customers Controllers and Searchers in all the Ports of England He hath the nomination of the Escheators in every County and in some Cases by Statute is to appoint a Measurer for the length and breadth of Clothes He with others joyned in Commission with him or without letteth Leases of all the Lands belonging to the Crown He giveth Warrants to certain Persons of Quality to have their Wine Custom free The Annual Salary of the Lord High Treasurer is in all 383 li. 7s 8d per Annum Since the decease of Thomas Wriothesly last Earl of South-hampton and last Lord High Treasurer of England this Office hath been executed by a Commission granted to five eminent Persons viz. the Duke of Albemarle Lord Ashley Sir Thomas Clifford Sir Will. Coventry and Sir John Duncomb The Third Great Officer of the Crown is the Lord Privy Seal who is a Lord by his Office under whose hands pass all Charters and Grants of the King and Pardons signed by the King before they come to the Great Seal of England also divers other matters of less Concernment as for payments of money c. which do not pass the Great Seal He is by his Place of the Kings Privy Council and Chief Judge of the Court of Requests when it shall be re-continued and besides his Oath of Privy Counsellour takes a particular Oath as Lord Privy Seal His Salary is His Place according to Statute is next to the Lord President of the Kings Council It is an Office of great Trust and Skill that he put not this Seal to any Grant without good Warrant under the Kings Privy Signet nor with Warrant if it be against Law or Custom until that the King be first acquainted This great Officer is mentioned in the Statutes of 2 Rich. 2. and then â—anked amongst the Chief Persons of the Realm And is at present enjoyed by John Lord Robarts Baron Robarts of Truro The Fourth Great Officer of the Crown is the Lord
his Subdean is Doctor Jones whose Fee is 100 l. yearly The Fee of each Priest and Clerk of the Chappel is 70 l. yearly The Clerk of the Closet is Doctor Blandford Bishop of Oxford hath no Fee The Lord High Almoner is Doctor Henchman Bishop of London hath no Fee his Sub-Almoner is Doctor Perinchef whose Fee is 6 l. 6 s. 10 d. Of the Civil Government of His Majesties Houshold FOr the Civil Government of the Kings Court the Chief Officer is the Lord Steward quasi Stede ward Locum tenens called also in the time of Henry 8. the Great Master of the Kings Houshold after the French Mode but Primo Mariae and ever since called the Lord Steward of the Kings Houshold He hath Authority over all Officers and Servants of the Kings House except those of His Majesties Chappel Chamber and Stable c. He judgeth of all disorders committed in the Court or within the Verge which is every way within 12 miles of the chief Tunnel of the Court only London by Charter is exempted for the Law having an high esteem of the dignity of the Kings settled Mansion House laid out such a Plot of ground about his House as a half-pace or Foot-Carpet spread about the Kings Chair of Estate that ought to be more cleared and void than other places to be subject to a special exempted jurisdiction depending on the Kings Person and Great Officers that so where the King comes there should come with him Peace and Order and an Awfulness and Reverence in mens hearts besides it would have been a kind of eclipsing of the Kings Honour that where the King was any Justice should be sought but immediately from the Kings own Officers and therefore from very antient times the Jurisdiction of the Verge hath been executed by the Lord Steward with great Ceremony in the nature of a peculiar Kings Bench and that not only within but without the Kings Dominions for so it is recorded that one Engleam of Nogent in France for stealing Silver dishes out of the House of Edward 1. King of England then at Paris after the matter had been debated in the Council of the King of France touching the Jurisdiction and ordered that the King of England should enjoy this Kingly Prerogative of his Houshold was condemned by Sir Robert Fitz-John then Steward to the King of England and hanged in St. Germans Fields The Lord Steward is a White Staffe Officer for he in the Kings Presence carrieth a White Staffe and at other times going abroad it is carried by a Foot-man bare-headed At the death of the King over the Hearse made for the Kings Body he breaketh this Staffe and thereby dischargeth all the Officers whom the succeeding King out of his meer grace doth re-establish each one in his former Office This eminent Emploiment is now enjoyed by James Duke of Ormond Lord Lieftenant of Ireland whose Fee is 100 l. yearly and 16 Dishes daily each Meal with Wine Beer c. The next Officer is the Lord Chamberlain who hath the over-sight of all Officers belonging to the Kings Chamber except the Precincts of the Kings Bed-Chamber which is wholy under the Groom of the Stool and all above Stairs who are all sworn by him or his Warrant to the Gentlemen Ushers to the King He hath also the over-sight of the Officers of the Wardrobes at all his Majesties Houses and of the removing Wardr or of Beds of the Tents Revels Musick Comedians Hunting and of the Messengers of the Trumpetters Drummers of all Handy-Crafts and Artisans retained in the Kings Service Moreover he hath the over-sight of the Heraulds and Pursivants and Sergeants at Arms of all Physitians Apothecaries Surgeons Barbers c. To him also belongeth the over-sight of the Chaplains though himself be a Lay-man contrary in this particular to the Antient Custom of England and Modern Custom of all other Kingdoms where Ecclesiastiques are never under the ordering of Lay-men The Fee of the Lord Chamberlain of the Kings House is 100 l. yearly and 16 Dishes each Meal with all the Appurtenances This Office is now in the hands of Edward Montague Lord Montague and Earl of Manchester Most of the above-named Offices and Places are in the Gift and Disposal of the Lord Chamberlain The Third Great Officer of the Kings Court is the Master of the Horse antiently called Comes Stabuli or Constable to whom a higheâ— Employment and Power was then given and this taken from him This great Officer hath now the ordering and disposal of all the Kings Stables and Races of Horses and had heretofore of all the Posts of England He hath also the power over Escuiries and Pages over the Footmen Grooms Riders of the Great Horses Farriers Smiths Coach-men Sadlers and all other Trades working to the Kings Stables to all whom he or by his Warrant the Avener giveth an Oath to be true and faithful He hath the Charge of all Lands and Revenues appointed for the Kings breed of Horses and for Charges of the Stable and for Litters Coaches Sumpter Horses c. Also for the Charges of Coronations Marriages Entries Cavalcades Funerals c. He only hath the Priviledge to make use of any Horses Pages Foot-men belonging to the Kings Stable At any Solemn Cavalcade he rides next behind the King and leads a Lear Horse of State This great honour is now enjoyed by George Monk Duke of Albemarle in consideration of his unparalleld Services to the King to his Crown and Dignity at a juncture of time when his Affairs and Friends were in a very desperate condition His yearly Fee is 666 l. 16 s. 4 d. Under these Three Principal Officers of His Majesties Houshold are almost all the other Officers and Servants First under the Lord Steward in the Compting-House is the Treasurer of the Houshold Comptroller Cofferer Master of the Houshold Two Clerks of the Green-Cloth Two Clerks Comptrollers One Sergeant Two Yeomen The Cofferers Clerk The Groom Two Messengers It is called the Compting-House because the Accompts for all Expences of the Kings Houshold are there taken daily by the Lord Steward the Treasurer the Comptroller the Cofferer the Master of the Houshold the two Clerks of the Green Cloth and the two Clerks Comptrollers who also there make Provisions for the Houshold according to the Law of the Land and make Payments and Orders for the well governing of the Servants of the Houshold In the Compting-House is the Green-Cloth which is a Court of Justice continually sitting in the Kings House composed of the Persons last mentioned whereof the three first are usually of the Kings Privy Council To this Court being the first and most ancient Court of England is committed the charge and oversight of the Kings Court Royal for matters of Justice and Government with Authority for maintaining the Peace within 12 miles distance wheresoever the Court shall be and within the Kings House the power of correcting all the Servants therein that
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
Glemham consecrated Bishop of St. Asaph 1667. Dr. Price consecrated Bishop of Bangor 1667. Dr. Sparrow consecrated Bishop of Exeter 1667. Dr. Wilkins consecrated Bishop of Chester 1668. These are all Barons and Peers of the Realm these have place in the Upper House of Parliament and in the Upper House of Convocation and these are the Lords Spiritual next follow the Commons Spiritual consisting of Suffragan Bishops Deans Archdeacons Prebends Rectors and Vicars to whom also belong divers considerable Priviledges All Suffragan Bishops all Deans Archdeacons Prebendaries Rectors and Vicars have Priviledges some by themselves others by proxy or by representative to sit and vote in the Lower House of Convocation No Subsidies or other Taxe to the King may legally be laid upon them without their own consent first had in Convocation The Clergy as appears by the words of the Writ as also by Modus Tenendi Parliam and by 21 Rich. 2. cap. 12. hath per Procuratores Cleri Place and Suffrage in the Lower House of Parliament as was antiently practised in England and of later years in Ireland though now not used in either and as the Bishops still have and use in the Higher House of Parliament No Clergyman may be compelled to undergo any Personal Functions or Services of the Commonwealth or to serve in War If any man by reason of his Land be subject to be elected to any Temporal Office if he take Orders he is free and there is a Writ purposely to free him All Clergymen are free from the Kings Purveyors the Kings Carriages the Kings Posts c. for which they may demand a Protection from the King cum clausula nolumus If a Clergyman acknowledge a Statute his Body shall not be taken by vertue of any Process thereupon for the Writ runs Si Laicus sit c. Clergymen are not obliged to appear at Sherives Tourns or Views of Frank Pledge there to take their Oath of Allegeance the Antient Laws presuming that those whose principal care and Office should be to teach the People Loyalty and Allegeance to their King could not themselves want Loyalty By Magna Charta no Clergy-man is to be fined or amerced according to his spiritual means but according to his temporal estate and according to the Crime committed The Goods of Clergymen are discharged by the Common Law of England from Tolls and Customes si non exerceant Marchandizas de eisdem of Avirage Pontage Muriage Paviage for which they have the Kings Writ to discharge them The Glebe Lands and Spiritual Revenues of Clergymen being held in pura perpetua Eleemosyna i. e. in Frankalmoine are exempted from arraying and mustering of Men or Horses for the War as appears in a Statute still in force viz. 8 Hen. 4. Num. 12. in the unprinted Rolls of that Parliament The Clergy being by their Function prohibited to wear a Sword or any Armes their Coat alone being their defence cannot serve in Person in War They serve their Countrey otherwise and for that Service have alwayes been thought worthy of their Spiritual Profits and Revenues and of the Kings Protection The Clergy paying to the King the First years profits of all Spiritual Benefices called First Fruits and yearly the Tenth of all the said Benefices are with great reason thought fit to be exempted from all other Taxes though to give the Laity good example they often lay Subsidies or other Great Taxes upon themselves It was an Antient Maxime in England Nullus pro decimis debet onerari de aliqua reparatione Pontis seu aliquibus oneribus temporalibus These and other Immunities of the Clergy the Great Aquinas thought agreeable to Natural Equity or the Law of Nature thence it was that King Pharaoh 47 Gen. when all the Lands of his Subjects were mortgaged to him for Bread yet spared the Lands of the Priests So Ezra 7. 24. and so in our Antient Laws we find De Danigeldo libera quieta erat omnis Ecclesia in Anglia etiam omnis Terra quae in proprio Dominio Ecclesiae erat ubicunque jacebat nihil prorsus in tali redditione persolvens and the reason thereof is added Quia magis in Ecclesiae confidebant Orationibus quam in Armorum defensionibus Many more Priviledges Immunities Liberties and Franchises there are rightly belonging to the Clergy of England so many that to set down all saith Sir Edward Coke upon Magna Charta would take up a whole Book The Priviledges of the Clergy and Franchises of the Church were with the Lities of the People granted confirmed and sealed by the King in full Parliament Anno 1253. in such a solemn manner as no Story can parallel it The King stood up with his Hand upon his Breast all the Lords Spiritual and Temporal stood with burning Tapers in their hands the Archbishop pronounced as followeth By the Authority of God Omnipotent of the Son and of the Holy Ghost c. We excommunicate anathematize and sequester from Our Holy Mother the Church all those which henceforth knowingly and maliciously deprive and spoil Churches of their right and all those that shall by any art or wit rashly violate diminish or alter secretly or openly in Deed Word or Counsel those Ecclesiastical Liberties c. granted by Our Lord the King to the Archbishops Bishops Prelates c. For everlasting memory whereof We have hereunto put Our Seals After which all throwing down their Tapers extinguisht and smoaking they all said So let all that shall go against this Curse be extinct and stink in Hell Since which all Kings of England at their Coronations have by Solemn Oaths promised to preserve the same and they have been confiremed by above 30 Successive Parliaments commanded to be read once a year in Churches and if any Act should be made to the contrary it is to be held for null and void by the Statute of 42 Edw. 3. Antiently men were very tender and fearful to do any thing that might make them incur the said dreadful censure but of later times especially since our Reformation many men pretending to more Christianity and to more knowledge have made little conscience of infringing and violating any Rights Priviledges or Franchises of the Church or Churchmen whilst the Liberties of the People though very little violated have been exacted even to Sedition and Rebellion To the end that men of the best rank and abilities should in all times be encouraged to embrace the most painful and severe Profession of a Clergy-man and that the People â—hould the more willingly be â—uided and conducted by them Our most Christian Ancestors â—ccording to the Pattern of Gods antient People the Jews â—nd of all other Christian Commonwealths judged it expeâ—ient to allot large Revenues â—nd a most plentiful mainteâ—ance to the English Clergy â—aving observed with Solomon â—hat a Wiseman for his poverâ—y is too oft contemned and â—espised and that there is noâ—hing more contemptible and â—diculous than a poor Clergy-man The
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
Baron was used for Vir as at this day Baron or Varon in the Spanish Tongue is used for the same so that a Baron is Vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vir Notabilis Principalis so the Chief Burgesses of London antiently and still those of the Cinque Ports are called Barons Antiently those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part each Knights Fee being 20 l. which make in all 400 Marks and whoever had so much was wont to be summoned to Parliament Now to hold per Baroniam is to hold per haereditatem Baronis whether greater or less Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards when that King after that great Rebellion against him was supprest called by Writ unto Parliament only such great men as had continued loyal which the succeeding Kings observing they only were accounted Peers of the Realm that were called by the Kings special Writ and the others lost their Peerage The Earls Palatines and Earls Marchers of England had antiently also their Barons under them as in Cheshire there are yet such Barons but as no Bishops but those that hold immediately of the King are Peers of the Realm for the Bishop of Man holding immediately of the Earl of Derby is no Peer so no Barons but those that hold immediately of the King are Peers of the Realm Caput Baroniae is some Castle or Chief Seat of a Nobleman which is not to be divided amongst Daughters if there be no Son but must descend to the Eldest Daughter caeteris filiabus aliunde satisfactis Lands holden by Barony doth not make the purchaser that is ignoble to be noble although the charge of such Tenure doth lie upon him in respect of the Service of the Realm no more than Lands by Villain Service doth make the Purchaser that is a Freeman a Villain though he shall thereby be bound to his Villain Service due for those Lands Barons are sometimes made by Writ being thereby called to sit in the Higher House of Parliament but most usually by Patent All the fore-mentioned Degrees have the Title of Lord from the Saxon word Laford Dominus All the Lords of England both Spiritual and Temporal are Feudataries to the King and in their Creation and also in their Succession do swear an Oath of Fealty and do Homage to the King their Soveraign and pay certain Duties as Signs and Symbols of their Subjection to their Prince All Honours in England are given by the King who is the sole Fountain of Honour The Law of England prohibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince King or Emperour Est enim jus Majestatis inter Insignia summae potestatis None of these Honours bestowed by the King on a Family can be lost but by want of Issue or else by some heinous Crime and then that Family cannot be restored to their Blood but by Parliament All Noblemen at their Creation have two Ensigns to signifie two Duties Their Heads are adorned ad consulendum Regem Patriam tempore pacis and they are girt with a Sword ad defendendum Regem Patriam tempore belli The several Degrees of the English Nobility are differenced and distinguisht one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent and Noble Prince A Marquiss Most Noble and Potent Prince An Earl Most Noble and Potent Lord. A Vicount Right Noble and Potent Lord. And A Baron Right Noble Lord. Their Coronets are all different A Baron hath a Coronet of 6 Pearls upon the Circle given to that honour by the present King A Vicount hath a Coronet with 8 Pearls without the Circle â—n â—â—arls Coronet hath the Pearls raised The Marquiss a Pearl and Strawbeâ—ry Leaf round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or Short Cloaks about their Shoulders A Baron hath but 2 Guards a Vicount two and and a half an Earl 3 a Marquiss 3 and a half and a Duke 4. The Nobility of England have in all times enjoyed many considerable Priviledges All Peers of the Realm being lookt on as the Kings Hereditary constant Counsellours their Persons out of Parliament time are priviledged as others in Parliament time from all arrest unless for Treason Felony or breach of Peace Condemnation in Parliament or Contempt to the King No Supplicavit can be granted against them No Capias or Exigent sued out against them for Actions of Debt or Trespass No Essoin lies against any Peer of the Realm In Criminal Causes Treason or Felony they cannot be tried by any other Jury but by a Jury of Peers of the Realm who are not as other Juries to be put to their Oath but their Veâ—dict given in upon their Honour sufficeth In Civil Causes they are not to be empanelled upon any Jury nor upon any Enquests de facto though in a matter between two Peers In case any Peer be returned upon any such Jury there is a special Writ for his discharge Upon no case to be bound to the good behaviour nor put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated A Peer of the Realm may not be put to the Rack or Torture to discover the truth though accused of High Treason Every Peer of the Realm called to Parliament hath the Priviledge in his lawful absence to constitute a Proxy to vote for him which none of the Commons may do Also in places of trust committed to them they are allowed to make Deputies by reason of the necessity supposed in the Law of their attendance on the Person of the King Though neither Civil Law nor Common Law allow any others Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any Oath is esteemed valid and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry and to put in their Answer to a Bill super honorem without taking an Oath though of later times that Priviledge by the neglect of some Lords hath been infringed sometimes A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant and this by Statute Law because the Law presumes that a Peer of the Realm must alwayes be ready to attend the Person of the King and the Service of the Commonwealth and therefore it is not to be delayed longer than the ordinary use of the Court
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
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
Honourable Estate nor to be a Commander over Souldiers and therefore the English Nobility and Gentry till within late years judged it a stain and diminution to the honour and dignity of their Families to seek their Childrens support by Shop-keeping but only as in all great Monarchies by Military Court State or Church Emploiments much less to subject their Children to an Apprentisage a perfect Servitude for during that time whatever they gain by their Masters Trade or their own wit belongs all to their Master neither can they lie our of their Masters House noâ— take a Wife nor trade of their own but subject to all Houshold Work all Commands oâ— their Master undergo what punishment and eat and wear what their Master pleaseth which Marks of Slavery considered Heralds are of opinion that a Gentleman thereby loses his Gentility for ever till he can otherwise recover it and yet to the shame of our Nation we have seen of fare not onely the Sons of Baroners Knights and Gentlemen sitting in Shops and sometimes of Pedling Trades far more fit for Women and their Daughters but also an Earl of this Kingdom subjecting his Son to an Apprentisage and Trade but the folly of the English in swerving from their Ancestors steps herein as in other things is now apparent for those young Gentlemen possessing more noble and active Spirits could not brook such dull slavish lives and being thereby unfitted for other emploiments have generally taken ill debauched courses Priviledges The lower Nobility of England have fewer and lesse Priviledges than those in other Monarchies Some few Priviledges belong to Knights quatenus Knights 〈◊〉 a Knight be a Minor yet shall he be out of Wardship both for Lands Body and Marriage for though the Law doth judge him not able to do Knights Service till the Age of 21 years yet the King being Sovereign and Supreme Judge of Chivalry by dubbing him Knight doth thereby allow him to be able to do him Knights Service Knights are excused from attendance at Court-Leets They and their eldest Sons not compellable to find Pledges at the Visus Franci Plegii Knights by Magna Charta cap. 21. are so freed that no Demesne Cart of theirs may be taken The Son and Brother of a Knight by Statute law are capacitated to hold more than one Beenfice with cure of Souls By the Stat. Primo Jacobi It seems that Knights and their Sons though they cannot spend 10 l. per annum nor are worth 200 l. may keep Greyhounds Setting Dogs or Nets to take Pheasants or Partridges Some Priviledges also beâ—ong to Gentlemen Antientâ—y if an ignoble person did â—trike a Gentleman in England he was to lose his hand A Gentleman by Stat. Quint. Eliz. may not be comâ—elled to serve in Husbandry The Child of a Gentleman â—rought up to singing cannot â—e taken without the Parents â—nd Friends consent to serve â—n the Kings Chappel as others may The Horse of a Gentleman may not be taken to ride post Note That as there are somâ— Great Officers of the Crownâ— who for their Dignity anâ— Worth of their Places although they are not Noble men yet take place amongâ— the highest of the Higher Nobility so there are some Persons who for their Dignities in the Church-degrees iâ— the University Offices in thâ— State or Army although thâ— are neither Knights nor Gentlemen born yet take place amongst them So all Deanâ— Archdeacons Chancellours Prebends Doctors of Divinity Law and Physick Heads of Houses in the University usually take place nexâ— to Knights and before all Esquires and Gentlemen Likewise all Judges of Courts Mayors Bailiffs Justices of the Peace All Commissionated Officers in the Army as Colonels Master of Artillery Quarter-Master General c. All higher Officers in the Kings Court or State All Sergeants at Law c. These are wont to precede Esquires All Batchelors of Divinity Law and Physick all Doctors in the Arts commonly called Masters of Art all Barresters in the Innes of Court all Captains Officers in the Kings Houshold c. may equal if not precede Gentlemen that have none of those qualifications In England Gentry as in Germany all Nobility and Arms are held in Gavelkind descending to all the Sons alike only the eldest Son beareth Arms without difference which the younger may not Of the low Nobility in England the number is so great that there are reckoned at present above 500 Baronets more than the first intended number that is in all above 700 who are possest one with another of about 1200 l. a year in Lands Of Knights above 1400 who one with another may have about 800 l. Lands a year Of Esquires and Gentlemen above 6000 each one possest one with another of about 400 l. a year in Lands besides younger Brothers whose number may amount to about 16000 in all England who have small Estates in Lands but are commonly bred up to Divinity Law Physick to Court and Military Emploiments but of late too many of them to Shop-keeping The Lands in the possession of the lower Nobility will amount to about four Millions and sixty thousand pounds yearly Next to the lower Nobility and the first Degree of the Commons or Plebeans are the Freeholders in England commonly called Yeomen from the High Dutch Gemen or Gemain in English Common so in the Kings Court it signifieth an Officer which is in a middle place between a Sergeant and a Groom or else from the Low Dutch Yeman Some-body as the Spaniard calls a Gentleman Hidalgo Hijo d' algo that is the Son of Some-body The Yeomanry of England having Lands of their own to a good value and living upon Husbandry are lookt upon as not apt to commit or omit any thing that may endanger their Estates and Credits nor apt to be corrupted or suborned c. wherefore they are judged fit to bear some Offices as of Constable Churchwarden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire for Parliament c. In Cases and Causes the Law of England hath conceived a better opinion of the Yeomanry that occupy Lands then of Tradesmen Artificers or Labourers Husbandry hath in no age rendred a Gentleman ignoble nor uncapable of places of Honour Amongst the Romans some of the greatest Dictators and Consuls had been once Husbandmen and some of them taken from Plowing their Ground to bear those Highest Offices and Dignities so divers Princes Kings and Emperours have exercised Agriculture and the Grand Scipâ—o and the Emperour Dioclesian left their Commands to enjoy Husbandry By the Statutes of England certain Immunities are given to Freeholders and landed men though they are not Gentlemen Vide Stat. 1 Jacobi cap. 27. alibi Of the Free-holders in England there are more in number and richer than in any Countrey of the like extent in Europe 40 or 50 l. a year a piece is very ordinary 100 and 200 l. a year in some Counties is not rare Besides these
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