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
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
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
and to receive the Fees and Allowances due and accustomed as lately at the Coronation of King Charles the Second the Duke of Ormond was made for that occafion Lord High Steward of England and marching immediately before the King bore in his hands St. Edwards Crown Or else for the Arraignment of some Peer of the Realm their Wives or Widdows for Treason or Felony or some other great Crime to judge and give Sentence as the antient High Stewards were wont to do which ended his Commission expireth During such Tryal he sitteth under a Cloth of Estate and they that speak to him say May it please your Grace my Lord High Steward of England His Commission is to proceed Secundum Legem consuetudinem Angliae He is sole Judge yet doth call all the Twelve Judges of the Land to assist him Is not sworn nor the Lords who are the Tryers of the Peer arraigned During his Stewardship he bears a White Staffe in his Hand and the Tryal being over openly breaks it and so his Office takes an end Of the Kings Court. THe Court of the King of England is a Monarchy within a Monarchy consisting of Ecclesiastical Civil and Military Persons and Government For the Ecclesiastical Government of the Kings Court there is first a Dean of the Kings Chappel who is usually some grave Learned Prelate chosen by the King and who as Dean acknowledgeth no Superiour but the King for as the Kings Palace is exempt from all inferiour Temporal Jurisdiction so is his Chappel from all Spiritual it is called Capella Domenica the Demean Chappel is not within the Jurisdiction or Diocess of any Bishop but as a Regal Peculiar exempt and reserved to the Visitation and Immediate Government of the King who is Supreme Ordinary and as it were Prime Bishop over all the Churches and Bishops of England By the Dean are chosen all other Officers of the Chappel viz. a Subdean or Praecentor Capellae 32 Gentlemen of the Chappel whereof 12 are Priests and one of them is Confessor to the Kings Houshold whose Office is to read Prayers every Morning to the Family to visit the Sick to examine and prepare Communicants to inform such as desire advice in any Case of Conscience or Point of Religion c. The other 20 Gentlemen commonly called Clerks of the Chappel are with the aforesaid Priests to perform in the Chappel the Office of Divine Service in Praying Singing c. One of these being well skilled in Musick is chosen Master of the Children whereof there are 12 in Ordinary to instruct them in the Rules and Art of Musick for the Service of the Chappel Three other of the said Clerks are chosen to be Organists to whom are joyned upon Sundayes Collar dayes and other Holy-dayes the Saickbuts and Cornets belonging to the Kings Private Musick to make the Chappel Musick more full and compleat There are moreover 4 Officers called Vergers from the Silver Rods carried in their hands also a Sergeant 2 Yeomen and a Groom of the Chappel In the Kings Chappel thrice every day Prayers are read and Gods Service and Worship performed with great Decency Order and Devotion and should be a Pattern to all other Churches and Chappels of England Twelve dayes in the year being high and principal Festivals His Majesty after Divine Service attended with his principal Nobility adorned with their Collars of Esses in a grave solemn manner at the Altar offers a sum of Gold to God in signum specialis dominii that by his Grace he is King and holdeth all of him All Offerings made at the Holy Altar by the King and the Queen did antiently belong to the disposal of the Archbishop of Canterbury if his Grace were present wheresoever the Court was but now to the Dean of the Chappel Those 12 dayes are first Christmass Easter Whitsunday and All Saints called Houshold-dayes upon which the Besant or Gold to be offered is delivered to the King by the Lord Steward or some other of the Principal Officers then New-years-day and Twelf-day upon the later of which Gold Frankincense and Myrrhe in several Purses are offered by the King Lastly Candlemas Anuntiation Ascention Trinity Sunday St. John Baptist and Michaelmass day when only Gold is offered Upon Christmass Easter and Whitsunday His Majesty usually receives the Holy Sacrament none but two or three of the Principal Bishops communicating with Him The King hath also besides many Extraordinary 48 Chaplains in Ordinary who are usually eminent Doctors in Divinity whereof 4 every Moneth wait at Court to preach in the Chappel on Sundayes and other Festivals before the King and in the Morning early on Sundayes before the Houshold to read Divine Service before the King out of Chappel daily twice in the Kings Private Oratory to give Thanks at Table in the Clerk of the Closets absence In time of Lent according to antient laudable Custom the Divine Service and Preaching is performed in a more solemn manner Antiently at Court there were Sermons in Lent only and that in the Afternoon in the Open Court and then only by Bishops Deans and principal Prebends Our Ancestors judging that time enough and those persons only fit to teach such an Auditory their duty to God and Man Antiently also the Lent Preachers were all appointed by the Archbishop of Canterbury Now on the first Wednesday called Ashwednesday in the Morning begins the Dean of the Chappel to preach and on each Wednesday after one of his Majesties more eloquent Chaplains and every Friday the Dean of some Cathedral or Collegiat Church and on the last Friday called Good Friday is alwayes to preach the Dean of Westminster and on every Sunday in Lent some Right Reverend Bishop preacheth and on the last Sunday of Lent called Palm-Sunday is to preach an Archbishop and upon Easter day the Lord High Almoner who is usually some principal Bishop that disposeth of the Kings Almes and for that use receiveth besides other moneys allowed by the King all Deodands Bona Felonum de se to be that way disposed In France the Grand Aumosnier is principal of all the Ecclesiastiques of the Court and all Officers of the Kings Chappel he receiveth their Oaths of Allegeance and himself swears only to the King for that Office he hath the disposition of all Hospitals the Charge for delivering Prisoners pardoned by the King at his coming to the Crown or at his Coronation or first entrance into any of his Cities Under the Lord High Almoner there is a Subalmoner two Yeomen and two Grooms of the Almonry Besides all these the King hath a Clerk of the Closet or Confessor to His Majesty who is commonly some reverend discreet Divine extraordinarily esteemed by His Majesty whose Office is to attend at the Kings right hand during Divine Service to resolve all doubts concerning spiritual matters c. The present Dean of the Chappel is Doctor Herbert Crofts Bishop of Hereford whose Fee is 200 l. yearly and a Table
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
Cure of Souls To abolish irregularity gotten without a mans own default as by defect of body or birth or by accidental killing of a man c. To abolish the guilt of Simony To allow a Beneficed Clerk for some certain Causes to be Non-Resident for some time To allow a Lay-man to hold a Prebend c. whilst by study he is preparing himself for the Service of the Church To grant Dispensations to sick to Old People to Women with Child to eat flesh on dayes whereon it was forbidden To constitute Publick Notaries whose single Testimony is as good as the Testimonies of any two other Persons He hath the Power to grant Literns Tuitorias whereby any one that brings his Appeal may prosecute the same without any molestation To bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation there of a new Bishop who is also to provide a sufficient Benefice for one of the Chaplains of the Archbishop or to maintain him till it be effected By the Stat. Primo Eliz. it is provided that the Queen by the Advice of the Archbishop might ordain and publish such Rites and Ceremonies as may be for Gods glory for edifying the Church and due reverence of the Sacraments He hath the Prerogative to Consecrate a Bishop though it must be done in the presence and with the assistance of two other Bishops as every Bishop gives Ordination but with the assistance of Presbyters to assign Co-adjutors to infirm Bishops to confirm the Elections of Bishops within his Province to call Provincial Synods according to the Kings Writ alwayes directed to him to be Moderator in the Synods or Convocations to give his Suffrage there last of all to visit the whole Province to appoint a Guardian of the Spiritualties during the Vacancy of any Bishoprick within his Province whereby all the Episcopal Rights of that Diocess belong to him all Ecclesiastical Jurisdiction as Visitation Institutions c. The Archbishop may retain and qualifie 8 Chaplains which is 2 more than any Duke by Statute is allowed to do The Archbishop of Canterbury hath moreover the Power to hold divers Courts of Judicature for deciding of Differences in Ecclesiastical Affairs as his Court of Arches his Court of Audience his Prerogative Court and his Court of Peculiars of all which shall be handled particularly and apart in the Second Part of the Present State of England These and other Prerogatives and Priviledges the Wisdom of our first Reformers thought fit to be retained and added to the Chief Person under the King of the Church of England The next Person in the Church of England is the Archbishop of York who was antiently also of very high repute in this Nation and had under his Province not only divers Bishopricks in the North of England but all the Bishopricks of Scotland for a long time until the year 1470 when Pope Sixtus the 4th created the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland He was also Legatus Natus and had the Legantine Office and Authority annext to that Archbishoprick He hath still the place and precedence of all Dukes not of the Royal Blood and of all Great Officers of State except only the Lord Chancellour hath the Title of Grace and Most Reverend Father hath the Honour to Crown the Queen and to be her perpetual Chaplain He is stiled Metropolitan of England and hath under his Province the Bishopricks of York Durham Carlile Chester and that of the Isle of Man Hath the Rights of a Count Palatine over a certain Territory near York erected by King Rich. 2. into a County Palatine May qualifie also 8 Chaplains and hath within his Province divers other Prerogatives and Priviledges which the Archbishop of Canterbury hath within his own Province The next in place amongst the Clergy of England are the Bishops so called from the Saxon word Biscop and that from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Speculator Explorator vel Superintendens an Officer amongst the Heathen so called quia praeerat pani victui quotidiano Episcopus enim apud Christionos praeest pani victui spirituali All the Bishops of England are Barons and Peers of the Realm They are Barons by a threefold manner which cannot be said of the Lay Lords they are Feodal in regard of their Lands and Baronies annext to their Bishopricks They are Barons by Writ being summoned by the Kings Writ to Parliament and they are created Barons by Patent which at their Consecration is alwayes exhibited to the Archbishop They have the Precedence of all Temporal Barons under Vicounts In the Parliament have place in the Upper House in a double capacity not only as Barons but as Bishops for before they were Barons they had in all times place in the Great Council of the Kingdome and there ever placed on the Kings right hand not only to give their Advice as the Judges do but ad tractandum ordinandum statuendum definiendum c. They have the Title of Lords and Right Reverend Fathers All Bishops in England have one or two transcendent Priviledges which seem almost Regal as In their own Courts to judge and pass Sentence alone by themselves without any Collegue or Assessor which is not done in other of the Kings Courts for the Bishops Courts though held by the Kings Authority Virtute Magistratus sui are not accounted to be properly the Kings Courts and therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the Kings Name as all the Kings Courts properly so called do Moreover Bishops have this other transcendent Priviledge To depute their Authority to another as the King doth either to their Bishops Suffragans to their Chancellours to their Commissaries or other Officers which none of the Kings Judges may do All Bishops have one Priviledge above and beyond all Lay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may quatenus Bishops confer Orders c. whereas no Lay Baron Vicount Marquiss nor Duke is in Law acknowledgeed such out of the Dominions of the Prince who conferred those Honours The Laws and Customs of England are so tender of the Honour Credit Reputation and Person of Bishops our Spiritual Fathers that none might without special Licence from the King first obtained be endited of any Crime before any Temporal Judge Upon severe Penalty by our Laws no man may raise reports whereby Scandal may arise to the Person of any Bishop or Debate and Discord between them and the Commons of England In Civil Trials where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay Lord challenge the Array 〈◊〉 one Knight at least be not â—eturned of the Jury and it â—hall be allowed unto him as 〈◊〉 Priviledge due to his Peerage In Criminal Trials for life all â—ishops by Magna Charta and â—tat 25 Edw. 3.
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