claim to do Services at the King's Coronation and to receive the accustomed Fees and Allowances In the Procession on the Coronation-Day 't is he that carries the King's Crown The Right Honourable the Earl of Devonshire was honoured with this great Office in the last Coronation Upon the Trial of a Peer he sits under a Cloth of State and his Commission is to proceed secundum Legem Consuetudinem Angliae He is not Sworn nor the Lords who are the Tryers of the Peer arraigned and tho he call all the Judges of the Land to assist him yet he is the sole Judge Next to the Lord High Steward is the Lord High Chancellour who in Civil Affairs now there is no High Steward is the highest Person in the Kingdom next to the Royal Family as the Arch-bishop of Canterbury is in Ecclesiastical His Oath is to do Right to all manner of People rich and poor after the Laws and Customs of the Realm truly to counsel the King and keep secret the King's Counsel to stand for the Rights of the Crown c. The Great Seal of England is in his Custody He is the Judge of the Court of Chancery otherwise called the Court of Equity where he is to judge not according to the Rigour and Letter of the Law but with Equity and Conscience He also bestow's all Ecclesiastical Benefices in the King's Gift under 20 l. a Year in the King's Books Since the Reign of Henry VII this great Office has been commonly executed by Lawyers whereas formerly Bishops and other Clergy-men learned in the Civil Laws were usually intrusted with it The Lord High Chancellour holds his Place but durante Regis Beneplacito during the King's Pleasure And his Place is counted to be worth 8000 l. a Year Anciently he had sometimes a Vice-Chancellour commonly called Keeper of the Great Seal But of later Times they differ only in Name For the late Kings have always beflowed the Great Seal either with the Title of Lord Keeper or of Lord Chancellour but still with the same Power and Right of Precedence Only the Lord Chancellour receives a Patent from the King for his Office which the Lord Keeper do's not and by the Title of Chancellour he is lookt upon as in greater favour with the King But his present Majesty since his Accession to the Crown thought fit to have this Office managed by Commissioners and accordingly it has been hitherto managed by three Lords Commissioners The third Great Officer of the Crown is the Lord High Treasurer who has the Charge and Government of all the King's Revenue kept in the Exchequer He has the Gift of all Customers Comptrolers and Searchers in all the Ports of England and the Nomination of all Escheators in every County He has also the Check of all the Officers imploy'd in collecting all the Revenues of the Crown He has power either by himself or with others joyned in Commission with him to let Leases of all the Crown-Lands And it is he that gives Warrants to certain Persons of Quality to have their Wine Custom-free Anciently he received this Office and Dignity by the delivery of the golden Keys of the Treasury which is now done by delivery of a white Staff to him by the King His Oath do's not differ much from that of the Lord Chancellour and he holds his Place as he do's during his Majesties Pleasure His Place is also reckoned to be worth 8000 l. per ann But this great Office is now executed by four Persons called the Lords Commissioners of the Treasury Next is the Lord President of the King 's Privy Council an Officer as ancient as King John's Time made by the King's Letters Patent under the Great Seal durante Beneplacito His Office is to manage the Debates in Council to propose Matters from the King and report the Transactions to his Majesty In the late Reigns this Office was often supplied by the Chancellour Next to the Lord President is the Lord Privy Seal whose Office is of great Trust and Skill He is so called from the Privy Seal which is in his custody All Charters and Grants of the King and all Pardon 's signed by the King pass through his hands before they come to the Great Seal of England And hâ—â— ought not to put this Seal to any Grant withâ— out good Warrant under the King 's Privy Signet nor with Warrant if it be againsâ— Law or Custom until the King be first acquainted He manages also divers other Matters of less concernment which do not pass the Great Seal He is by his Place of the King 's Privy Council and takes his Oath accordingly besides a particular Oath as Lord Privy Seal Wheâ— there is a Court of Requests he is the chieâ— Judge of it His Place is also during the King's Pleasure 〈◊〉 and his Salary is 1500 l. per annum The sixth Great Officer of the Crown iâ— the Lord Great Chamberlain of England an Officer of State and of great Antiquity whose chief Business is on the Coronation-Day For it is his Office that Day to bring the King his Shirt Coyf and Wearing Cloaths before his Majesty rises and to carry at the Coronation the Coyf Gloves and Linnen to be used by the King upon that Occasion In the Church where the King is Crowned he undresses and attires his Majesty with Robes Royal and giveâ— Him the Gold which is offered by Him at the Altar Before and after Dinner he serves the King with Water to wash his hands For this Service he has 40 Ells of Criâ—â—son Velver for-his own Robes the King 's Beâ— and all the Furniture of his Bed-Chamber all the King's Night-Apparel and the Basoâ— and Towels used at Dinner for his Fees He has also Livery and Lodging in the King's Court certain â—ees from all Peers of the Realm at their Creation and from each Arch-Bishop or Bishop when they do their Hoâ—â—age or Fealty to the King To him belongs the Care of providing all Things in the House of Lords in parliament-Parliament-Time and therefore has an Apartment allowed him near the House of Lords This Office is Hereditary and belongs to the Earls of Lindsey The Lord High Constable is another great Officer but of too great Authority and Power to be continued and therefore is only created for the Solemnity of the King's Coronation The Duke of Ormond was High Constable in the last The next is the Earl Marshal of England an Officer of great Antiquity and anciently of great Power His proper Office is to summon the Nobility to the King's Coronation with such Directions for State and publick Appearance as becomes that Solemnity He also takes Cognizance of Matters of War and Arms out of the reach of the Common Law and in these Matters he is commonly guided by the Civil Law Neither can any obtain a Coat of Arms but he must first apply himself to the Earl Marshal to whom the Heralds Colledge is subordinate The last is the Lord
eldest Sons Marquesses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons But 't is to be observed that all Dukes that are not Princes of the Bloud are preceded by these four Great Officers of the Crown though they be but Barons viz. the Lord Chancellour the Lord Treasurer the Lord President of the Privy Council and the Lord Privy Seal I leave out the Lord High Steward of England because none of this Office is continued beyond the present Occasion As for the Lord Great Chamberlain of England the Lord High Constable the Lord Marshal the Lord High Admiral the Lord Steward of the King's Houshold and the Lord Chamberlain of the King's Houshold they sit above all of their Degree only The Nobility of England have at all times injoyed many considerable Priviledges Though neither Civil nor Common Law allow any 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 whereas the law allows any one of the Commonalty arraigned for Treason or Felony to challenge 35 of his Jury without shewing Cause and others by shewing Cause a Peer of the Realm cannot challenge any of his Jury or put any of them to their Oath the Law presuming that they being Peers of the Realm and judging upon their Honour cannot be guilty of Falshood Favour or Malice In Criminal Causes a Peer cannot be tried but by a Jury of the Peers of the Realm who are not as other Juries to be put to their Oath but their Verdict given in upon their Honour sufficeth All Peers of the Realm being lookt upon as the King 's constant Counsellors their Persons are at all Times priviledged from Arrests except in Criminal Cases Therefore a Peer cannot be Outlawed in any Civil Action and no Attachment lies against him The only Way for satisfaction from a Peer is by Execution taken forth upon his Lands and Goods and not by Attachment or Imprisonment of his Person So tender is the Law of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose called Scandalum Magnatum to punish all such as by false Reports â—ring any scandal upon them They are exempted from all Attendance at Leets or Sheriffs Turns where others are obliged to take the Oath of Allegiance And whereas for the suppressing of Riots the Sheriff may raise the Posse Comitatus yet he cannot command any Peer of the Realm to attend that Service In Civil Causes they are not to be Impanelled upon any Jury or Inquest de facto though in a Matter between two Peers and if a Peer be returned upon any such Jury there lies a special Writ for his Discharge They are upon no Case to be bound to their good Behaviour or 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 Every Peer of the Realm summoned to Parliament may constitute in his lawful absence a Proxy to Vote for him which none of the Commons may do And any Peer in a Place of Trust is free to make a Deputy to act in his absence whilst he attends the Person of the King Where a Peer of the Realm is Defendant no Day of Grace is to be granted to the Plaintiff the Law presuming that a Peer of the Realm must always be ready to attend the Person of the King and the Service of the Commonwealth Therefore he ought not to be delayed any longer than the ordinary Use of the Court but tâ— have expedition of Justice In any Civil Trial where a Peer of the Realâ— is Plaintiff or Defendant there must be at leasâ— one Knight returned of the Jury Otherwisâ— the Array may be quashed by Challenge In all Cases wherein the Priviledge of the Clergy is allowed to other Men and in divers Cases where that Priviledge is taken away from them a Peer of the Realm upon his Request shall be for the first time adjudged as a Clerk Convict though he cannot read And that without burning in the Hand loss of Inheritance or Corruption of Bloud In case of Amerciaments of the Peers of the Realm upon Non-Suits or other Judgments a Duke is to be amerced but Ten Pounds and all others under Five This to be done by their Peers according to Magna Charta though it has been often done of late by the King's Justices A Peer of the Realm being sent for by the King to Court Parliament Council or Chancery has the Priviledge passing by the King's Park or Forest both coming and returning to Kill one or two Deer An Earl has 8 Tun of Wine Custom-free and the rest proportionably All Peers of the Realm have a Priviledge of Qualifying a certain Number of Chaplains to hold Plurality of Benefices with Cure of Souls But it must be with a Dispensation first obtained from the Archbishop and the same ratified under the Great Seal of England Thus a Duke may qualify six Chaplains a Marquess and Earl five a Viscount four and a Baron â—hree A Peer of the Realm has also the Priviledge â—f Retaining six Aliens whereas another may â—ot Retain above four These are the chief Priviledges belonging to â—e Nobility of England which are great and â—onsiderable And yet none of them ever had the Priviledge of the Grandees of Spain to be covered in the King's Presence except Henry Ratcliff Earl of Surrey 'T is true the Princes of the Bloud have often had the honour of being covered but then it was by the King 's gracious Command not by virtue of any constant Priviledge Neither are our Noblemen exempted as in France from Tailles and Contributions but always bear a share proportionable And in case of a Poll-Act they are usually thus Rated according to their several Degrees of Honour Viz. Â l. s. d. A Duke 50 00 00 A Marquess 40 00 00 An Earl 30 00 00 A Viscount 25 00 00 A Baron 20 00 00 Those of their Sons which have attained to 16 Years of Age are thus taxed As. Â l. s. d. The Eldest Son of A Duke 30 00 00 The Eldest Son of A Marquess 25 00 00 The Eldest Son of An Earl 20 00 00 The Eldest Son of A Viscount 17 00 00 The Eldest Son of A Baron 15 00 00 A Younger Son of A Duke 25 00 00 A Younger Son of A Marquess 20 00 00 A Younger Son of An Earl 15 00 00 A Younger Son of A Viscount 13 06 00 A Younger Son of A Baron 12 00 00 The Nobles to bear up their Rank have generally great and plentiful Estates some of them beyond those of several Princes beyond Sea And till the Civil Wars in the Reign of Charles I. they lived with suitable splendour and Magnisicence Keeping a plentiful Table and a numerous Attendance with several Officers delighting in
Civil Affairs by a MAYOR with the Title of Lord prefixt given to no Mayor in England but that of London and of late to the Mayor of York In the Time of the Romans he was called Prefect of London in the Saxons time Port-greeve and sometimes Provost of London and after the Coming in of the Normans Bayliff 'T was King Richard I who in the Year 1189 being the first of his Reign changed the Name of Bayliff into that of Mayor a French Word originally which has continued ever since This great and mighty Magistrate is yearly chosen by the Citizens upon Michaelmas Day the 29th of September The Body out of which he is chosen are the 26 Aldermen all Persons of great Wealth and Wisdom at least ought so to be Those that chuse him are first the Livory-men or Members of the several Companies of Tradesmen within the City and at last the Aldermen which is done in this manner First the Livery-Men do usually put up four Candidates out of which they chuse two by the Plurality of Voices and out of these two the Court of Aldermen select whom they think fit And though they be free in their Choice yet commonly they have a regard for the Senior Alderman that has not been Lord Mayor and give him the Precedence The Mayor Elect being Proclaimed is sworn first at Guildhall and afterwards at Westminster There he swears to maintain the Priviledges of the People and here to be True to the King The Installation-Day is the 29th of October a Month after the Election The Solemnity of which Day upon his Account is so great that no Magistrate in Europe appears with so much state and grandure as the Mayor of London upon his Installation First he go's by water to Westminster in his Barge of state accompanied with the Aldermen in all their Formalities with their Scarlet Robes and Chains of gold hanging before their Breasts The Twelve Companies also in their several Barges â—et out with their Arms Colours and Screamers on both sides attend him in their furred Gowns In his way he is saluted from the Shore with the noise of great Guns and as he passes by Whitehall the King from thence viewing the Solemnity gives him and his Brethren a Mark of his Respect At last being landed at Westminster Bridge the several Companies march in order to their Hall and after them the Mayor and Aldermen with the Sword and Mace before them the Sword-bearer with his Cap of Maintenance on his head At their Entrance into the Hall the Hall is Intertained with the harmonious Musick of a Set of Hoboys marching in order before them and playing all the Way First they walk round the Hall where they pay their respects to each Court of Judicature and from the Hall they proceed to the Exchequer-Chamber where the New Lord Mayor is Sworn by the Barons This done they walk again in Procession round the Hall to invite the several Judges of each Court to Dinner at Guildhall And after this the whole Procession returns in the same manner by Water to Black-Friars From whence the Lord Mayor and Aldermen make their Cavalcade to Guildhall all mounted upon Horses richly Caparisoned the Livery-Men marching before in good order And now the Artillery men make their best appearance with their Buff-coats and Head-pieces But the most diverting Sight is that of the Pageants here and there in motion to divert the Spectators At last a most splendid Dinner to which besides the Judges many of the great Lords and Ladies the Privy Counsellours the forein Embassadors and oftentimes the King and Queen are invited concludes the Solemnity Such is the Magnificence of the Lord Mayor of London though always a Citizen and Tradesman being a Member of one of the 12 Companies Who for his great Dignity is usually Knighted by the King before the Year of his Mayoralty be expired unless he had received that Honour before whilst he was an Alderman as of late has been â—shal His Authority reaches not only all over this great City and part of the Suburbs except some particular Places but also on the Thames as far as the Mouth of it and Westward as far as Stanes-Bridge And so great is his Power that he may cause any Person inhabiting within London or the Liberties thereof to be Summoned to appear before him upon the Complaint of any Citizen and for Non-appearance may grant his Warrant to bring such Person before him For he has Power to determine Differences between Party and Party His Attendance whilst he is a Mayor is very considerable For besides his proper Servants first he has four principal Officers that wait on him as Lord Mayor who are reputed Esquires by their Places And those are the Sword-bearer the Common Hunt the Common Crier and the Water-Bayliff whose Places are very advantageous and purchased when vacant at a great rate from the Lord Mayor for the time being Besides them there is the Coroner 3 Sergeants Carvers 3 Sergeants of the Chamber 1 Sergeant of the Channel 4 Yeomen of the Waterside 1 Vnder Water-Bayliff 2 Yeomen of the Chamber 3 Meal-Weighers 2 Yeomen of the Wood-Wharf and several others Most of which have Servants allowed them with Livories Among which the Sword-bearer has a 1000 l. a Year allowed him for his Table in the Lord Mayor's House When he appears abroad on horseback which is his usual Appearance 't is with rich Caparison and always in long Robes sometimes of fine Scarlet-Cloth richly furred sometimes Purple and sometimes Puke with a black Velvet Hood over his Robes and a great Chain of Gold with a rich Jewel to it hanging from his Neck downwards Attended by several Officers walking before and on both sides of him He keeps an open Table all the Year to all Comers of any quality and so well furnished that it is always fit to receive the greatest Subject of England or of any other Potentate He has a Priviledge to hunt not only in Middlesex but also in Essex and Surrey and for this purpose has a Kennel of Hounds always maintained On the King's Coronation-Day he claims to be the chief Butler and bears the King's Cup among the highest Nobles of the Kingdom which serve on that Day in other Offices And upon the King's Death he is said to be the prime Person of England Therefore when King James I was invited to come and take the Crown of England Robert Lee then Mayor of London subscribed in the first place before all the Officers of the Crown and all the Nobility One Thing is observable which hapned not long since I mean four Mayors the City had in little more than half a Year viz. Sir John Shorter Sir John Eyles Sir John Chapman and Sir Thomas Pilkington For upon the Death of the first in September 1688 Sir John Eyles was made Lord Mayor and in October following the Charter being restored Sir John Chapman was chosen Lord Mayor Who dying in March following
Fee-simple make Leases and Grants and sue in her own Name without the King which is not in the power of any other Feme-covert or married Woman to do A Queen Dowager or Widow-Queen is still Respected as a Queen in her Widowhood and keeps a Court accordingly And though she should marry a private Gentleman as did Queen Catharine King Henry the Fifths Widow she does not lose her Dignity By the Sons and Daughters of England I mean the King's Children So called because all the Subjects of England have a special Interest i◠Them though their Education and the Disposing of Them is only in the King The Eldest Son commonly called the Prince of Wales is born Duke of Cornwal and afterwards created Prince of Wales Upon his Birth he is by Law of full Age to sue for the Livery of the said Dukedom as if he were full a Years of Age. But so much of the Lands 〈◊〉 Demesns of it have been Alienated that h◠Revenues are chiefly out of the Tin-Mines i◠Cornwall Which with all other Profits of the Dutchy amount yearly to the Sum of 140◠Pounds and the Prince's whole Revenues to about 20000 l. When King Edward I had compleated the Conquest of Wales He divided it into Seven Shires to which Henry VIII added five more out of the March Lands Over each of the Seven Shires King Edward placed a particular English Lieutenant and over the whole he designed a Vicegerent The Welch being disgusted at this He sent for his Queen then great with Child to Caernarvan where she was delivered of a Son Upon the News whereof the King assembled the Chief Men of that Nation and offered to name them a Governour born in Wales who could not speak one word of English and against whose Life they could take no just exception Such a one when they had all sworn to obey he named his young Son Edward Whereupon He created him Prince of Wales and since that time the Kings of England eldest Sons have been called Princes of Wales Whereas while Normandy was in the Power of the English which lasted till the Reign of King John they were stiled Dukes of Normandy The Investiture is performed by the Imposition of a Cap of Estate and a Coronet on the Princes Head as a Token of his Principality by delivering into his hand a Verge of Gold the Emblem of Government by putting a Gold Ring on his Finger in token that he must be a Husband to his Country and a Father to her Children and by giving him a Patent to hold the said Principality to Him and his Heirs Kings of England By which Words the Separation of it from the Crown is prohibited and the King keeps to himself an excellent Occasion of obliging unto Him his Son when he pleases In Imitation of which Custom John I King of Castille and Leon made his Son Henry Prince of the Asturias a Country so Craggy and Mountainous that it may not improperly be called the Wales of Spain And all the Spanish Princes ever since have been honoured with that Title The Mantle worn in Parliament by the Prince of Wales has for Distinctions sake one gard more than a Duke's his Coronet of Crosses and Flower de luces and his Cap of State indented His Arms differ from the Kings only by addition of a Label of three points And his peculiar Device is a Coronet beautified with three Ostrich Feathers inscribed with ICH DIEN that is I serve Alluding perhaps to that in the Gospel The Heir while he is a Child differs not from a Servant Which Device was born at the Battel of Cressy by John King of Bohemia serving there under the French King and there slain by Edward the Black Prince Since worn by the Princes of Wales and by the Vulgar called the Princes Arms. In short the King of England's Eldest Son has ever since been stiled Prince of Wales Duke of Aquitain and Cornwal and Earl of Chester and Flint these Earldoms being conferred upon him by Letters Patent As Eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth Though he is a Subject yet the Law looks upon his Person as so Sacred that it is high Treason to imagine his Death or violate his Wife The Younger Sons of England depend altogether upon the King's Favour both for Titles of Honour and Revenues sutable to their Birch For they are not born Dukes or Earls but are so created according to the Kings Pleasure Neither have they as in France certain Appanages but only what Revenue the King pleases to bestow upon them They are indeed by Birth-right as well as the Prince of Wales Counsellors of State whereby they may fit themselves to manage the weighty Affairs of the Kingdom The Daughters are called Princesses And to violate them unmarried is High Treason The Title of Royal Highness is common to all the King's Children All Subjects ought to be uncovered in their Presence to kneel when they are admitted to kiss their hands and to be served on the Knee at Table unless the King be present Lastly all Persons of the Royal Bloud being a Lawful Issue have the Precedency of all others in England As for the King 's Natural or Illegitimate Sons and Daughters they are commonly created Dukes and Dutchesses and bear what Surname the King pleases to give them King Henry I. and Charles II. of blessed Memory are noted to have had the most of any CHAP. XII Of the Nine Great Officers of the Crown NEXT to the Royal Family the Great Officers of the Crown come of course to be Inquired into which are Nine in Number Viz. The Lord High Steward The Lord High Chancellor The Lord High Treasurer The Lord President of the Kings Council The Lord Privy Seal The Lord Great Chamberlain The Lord High Constable The Lord Earl Marshal The Lord High Admiral The Lord High Steward of England is the highest Officer under the King His Office not unlike that of the Mayre of the Pallace under the ancient Kings of France is to rule and govern the Kingdom under the King in Time of Peace and War during his Reign Which Power being thought too large and exorbitant for a Subject to have this Great Officer has been discontinned ever since Henry of Bullingbrock Son to John of Gaunt Duke of Lancaster afterwards King of England under the Name of Henry IV. Only at a Coronation also for the Trial of a Peer or Peeress for Treason or Felony or some other great Crime the King makes a High Steward for that Time Who during his Stewardship is called His Grace and bears a white Staff in his hand which he openly breaks when the Business is over and so ends his Office By virtue of his Office at a Coronation he sits Judicially at the King's Pallace at Westminster Where he receives the Bills and Petitions of all such Noblemen and others who by reason of their Tenure or otherwise
Parliament dispenses with that Act. Neither can any be legally chosen that is not of full Age that is 21 Years old at least And reason good for if no Man under that Age can dispose of his Estate much less should he have any share in the supream Power of the Nation to judge vote or dispose of the Estate of the Realm Yet the Practice in the House of Commons has often been otherwise in the House of Lords but seldom Whoever stands to be Elected must be a Native Englishman or at least must be Naturalized by Act of Parliament No Alien Denizated ought to sit here None of the Judges can be chosen that sit in the Bench Common Pleas or Exchequer because they are Assistants in the Lords House But any that have Judicial Places in other Courts Ecclesiastical or Civil being no Lords of Parliament are Eligible No Sheriff nor Clergy-man can be chosen a Member of Parliament Not the first because his personal Attendance is required within his Bayliwick during the time of his Sheriffalty Nor the last because he is of another Body viz. the Convocation and the Clergy of the Convocation-House are no Part or Member of the Parliament A Man attainted of Treason or Felony c. is not Eligible For he ought to be magis idonâ—us discretus sufficiens But a Person Outlawed in a Personal Cause may be a Burgess And tho the Common Law do's disinable the Party yet the Priviledge of the House being urged prevails over the Law Anciently the Elected Members had a competent Allowance from the respective County City or Borough for which they served in Parliament A Knight of the Shire was allowed 4 shill and a Citizen or Burgess 2 shill a Day which in those Days was a considerable Sum. But then the Sessions were but short sometimes but eight Days sometimes less seldom above three or four Weeks and yet during that short space of time several great and weighty Affairs were dispatched Which as some think were prepared to their hand by the King and Council as it is now practised in Sweden by the 40 Counsellors of State and in Scotland by the Lords of the Articles And if they did only debate upon such Things as the King did propose a little Time might serve well enough to do it But it do's not appear to be so by what passed Feb. 9. 1597 39 Eliz. When the Queen gave her Royal Assent to 24 publick and 19 private Bills but refused 48 Bills more which had passed both Houses Certain it is that there was less Canvassing and more Plainness in those Days than there is at present The Place of Meeting for this honourable Assembly is in whatsoever City Town or House the King pleases But of latter times it has been ufually at the Kings ancient Palace at Westminster the Lords in a Room by themselves and the Commons not far from them in another Room which formerly was S. Stephens Chappel When the Day prefixt by the King in his Writs of Summons is come His Majesty usually comes in person to the House of Lords cloathed with his Royal Robes the Crown upon his head and the Sword of State before Him At the upper end of the Room is placed a Chair of State under a Canopy upon which His Majesty sits Then all the Temporal Peers appear in their Scarlet Robes every one according to his Degree and the Spiritual Lords in their Episcopal Habit which they do all the Sessions On the Kings right hand next the Wall are placed on a Form the two Arch-Bishops next below on another Form the Bishops of London Durham and Winchester then upon other Forms on the same side all the rest of the Bishops sit according to the priority of their Consecration The Lord Chancellor or Keeper when there is one stands behind the Cloth of State or fits on the first Wool-sack before the Chair of State with his Great Seal and Mace by him On the Kings left hand are placed the Treasurer President of the Council and Lord Privy Seal of they be Barons above all Dukes but those of the Royal Family if not Barons then they sit uppermost on the Wool-sacks And on the same side sit the Dukes Marquesses or Earls according to their Creation Cross the House below the Wool-sacks the first Form is that which the Viscounts sit upon and upon the next Forms the Barons all in order The King being thus seated in his Throne with this noble Appearance of the Peers of the Realm all standing uncovered his Majesty sends for the Commons from their Room where they are assembled Who being come at least part of them stand at the Bar of the Lords House Whereupon the King makes a short Speech to both Houses concerning such Matters as He thinks fit to lay before them for the Good of the Kingdom Amongst which that of a Supply of Mony is most commonly one in order to answer the extraordinary Charges of the Crown The King having ended his Speech the Chancellor or Lord Keeper did formerly use by the Kings Appointment to inlarge upon it with all the Rhetorick and Logick the Matter could bear to dispose both Houses to a Compliance with the King But His present Majesty has declined that Method and being a Prince of few Words gains more upon rational Men by his concise and plain Way of Delivery as the more agreeable to a true generous Nature than perhaps he might with all the Windings and Turnings of artificial Rhetorick Then the Speaker of the House of Lords commands in the Kings Name the Commons to assemble in their House there to chuse one of their Members for their Speaker and to present him such a Day to His Majesty Upon which the King withdraws and the Commons presently re-assemble themselves in the Lower House in order to chuse one of their Members for Speaker Sometimes as in the last Session the Speaker is chosen by the Kings Command before fore His Majesty delivers his Speech to both Houses of Parliament After the Speaker is chosen and the Choice approved by the King His Majesty leaves both Houses to their private Debates upon the Subject of his Speech and do's no more appear amongst them that Session in his Royal Robes except upon the passing of any Act or at the Close of the Session whether it be by Adjournment Prorogation or Dissolution 'T is true upon any extraordinary Debate in the House of Lords 't is customary with the Kings of England to assist at the same not to argue upon it or to influence the House one way or other but only to hear the Arguments of the House upon the Matter in Debate But then the King appears without his Crown and Robes and every Peer sits except when he speaks to the House as if the King were not there The House of Lords otherwise called the House of Peers or the Vpper House consists of 189 Members Viz. 163 Temporal Lords whereof 14 Dukes 3 Marquesses
submitted to take it at his hand again at a yearly Tribute the Pope in the Reign of Edward III. demanded his Rent and all the Arrears Upon which issued this Resolve of the Parliament that neither the King nor any other could put the Realm nor the People thereof into a forein Subjection without their Assent This was a high Resolution in Law in one of the highest Points of Law concerning the Kings Claim of an absolute Power when the Pope was in his height However this intimates that with their joynt Consent the Crown may be disposed of But how transcendent soever be the Power and Authority of the King and Parliament yet it do's not extend so far as to bar restrain or make void subsequent Parliaments and tho divers Parliaments have attempted â—t yet they could never effect it For the â—atter Parliament hath still a Power to abrogate suspend qualify explain or make void the former in the Whole or any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former it being a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant 'T was therefore but in vain that the late King James pretended so to settle that Liberty of Conscience which he ushered in by his Declaration as to make it a Law unalterable like the Laws of the Medes and Persians It was but a Blind for Dissenters to bring them into his Snare and tho he had really designed it he must have been at least Immortal to secure it One of the fundamental and principal Ends of Parliaments was to Redress Grievances and ease the People of Oppressions The chief Care whereof is in the House of Commons as being the Grand Inquest of the Realm summoned from all Parts to present publick Grievances to be redressed and publick Delinquents punished as corrupted Counsellours Judges and Magistrates Therefore Parliaments are a great Check to Men in Authority and consequently abhorred by Delinquents Who must expect one time or other to be called to a strict and impartial Account and be punished according to their Demerits Remember said the Lord Bacon to his Friend Sr. Lionel Cranfield when he was made Lord Treasurer that a Parliament will come In this Case the House of Commons the Parliament sitting Impeaches and the House of Lords are the Judges the Commons Inform Present and Manage the Evidence the Lords upon a full Trial give Judgment upon it And such is the Priviledge of the House of Commons in this particular that they may Impeach the highest Lord in the Kingdom either Spiritual or Temporal and he is not to have the benefit of the Habeas Corpus Act that is he cannot come out upon Bail till his Trial be over or the Parliament Dissolved which last some of the late Judges have declared for But the Lords cannot proceed against a Commoner except upon a Complaint of the Commons In a Case of Misdemeanour both the Lords Spiritual and Temporal are Judges and the Kings Assent to the Judgment is not necessary But if the Crime be Capital the Lords Spiritual tho as Barons they might sit as Judges yet they absent themselves during the Trial because by the Decrees of the Church they may not be Judges of Life and Death For by an Ordinance made at the Council at Westminster in 21 Hen. 2. all Clergymen were forbidden agitare Judicium Sanguinis upon pain to be deprived both of Dignities and Orders When a Peer is Impeached of High Treason a Court is usually erected for his Trial in Westminster-Hall and the King makes a Lord Steward which commonly is the Lord Chancellour to sit as Judge thereof The Trial being over the Lords Temporal resorting to their House give Judgment upon it by Voting the Party arraigned upon their Honours Guilty or not Guilty and he is either Condemned or Acquitted by the Plurality of Voices If found Guilty he receives Sentence accordingly by the Mouth of the Lord High Steward The House of Lords is also in Civil Causes â—he highest Court of Judicature consisting of â—ll the Lords Spiritual and Temporal as Judges â—sisted with the most eminent Lawyers both 〈◊〉 Common and Civil Law And from this Court there lies no Appeal only the cause or â—ome Point or other of it may be brought again before the Lords upon a new Parliament In Case of Recovery of Damages or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any inferiour Court at the Common Law But the Lords in Parliament may direct how it shall be levied In short by the ancient Laws and Constitutions of this Kingdom it belongs to the House of Peers to interpret Acts of Parliament in Time of Parliament in any Cause that shall be brought before Them I conclude with the Priviledges of Parliament which are great in both Houses and fit for so honourable a Court. First as to the Persons of the Commoners they are Priviledged from Suits Arrests Imprisonments except in Case of Treason and Felony also from Attendance on Trials in inferiour Courts serving on Juries and the like Their necessary Servants that tend upon them during the Parliament are also Priviledged from Arrest except in the aforesaid Cases Which Priviledge is their due eundo morando redeundo that is not only for that time the Parliament sits but also during 40 Days before and 40 Days after the Parliament finished And that not only for the Persons of Members and their necessary Servants but also in some Cases for their Goods and Estates during that Time Moreover this Priviledge do's likewise extend to such Officers as attend the Parliament as the Clerks the Sergeant at Arms the Porter of the Door and the like But if one was Arrested before he was chosen Burgess he is not to have the Priviledge of the House Many are the Precedents which shew the Resentments of this House against such as have offered to act contrary to these Priviledges and their severe Proceedings against some of them either for serving a Subpoena upon or Arresting a Member of this House or refusing to deliver a Member arrested for Debt the Parliament sitting For common Reason will have it that the King and his whole Realm having an Interest in the Body of every one of its Members all private Interest should yield to the Publick so that no Man should be withdrawn from the Service of the House And so much has been the Priviledge of the House insisted on that it has been a Question Whether any Member of the House could consent to be sued during the Session because the Priviledge is not so much the Person 's the House's And therefore when any Person has been brought to the Bar for any Offence of this nature the Speaker has usually charged the Person in the name of the whole House as a Breach of the Priviledge of this House Also for offering to threaten or to give abusive Language to any Member
constant Attendance upon the King As for Home Concerns whether publick oâ— private both the Secretaries do equally receive and dispatch whatever is brought to them But for forein Affairs each has his distinct Province receiving all Letters and Addresse from and making all Dispatches to the severaâ— Princes and States in his Province They keep each of them his Office called the Secretaries Office at Whitehall Where they have also Lodgings for their own Accommodation and those that attend upon it whâ— a liberal Diet at the Kings Charge or Board wages in lieu of it Their settled Allowancâ— is little less than 2000 l. a Year to each 〈◊〉 them besides Perquisites The Secretaries and Clerks they imploy uâ—der them are wholly at their own choice anâ— have no Dependance upon any other Lastly they have the Custody of the Signet one of the Kings Seals To which belongs the Signet-Office where four Clerks wait Monthly by turns preparing such Things as are to pass the Signet in order to the Privy Seal or Great Seal He that is in waiting is always to attend the Court wheresoever it removes and to prepare such Bills or Letters for the King to sign not being Matter of Law as by Warrant from the King or Secretaries of State or Lords of the Council he is directed to prepare And to this Office all Grants prepared by themselves or the Kings Learned Council at Law for the Kings hand are returned when signed and there transcribed again The Transcription is carried to one of the Principal Secretaties of State to be sealed with the Signet This done it is directed to the Lord Privy Seal and is his Warrant for issuing out a Privy Seal upon it But then it must be first transcribed by the Clerks of the Seal who are also four in Number and when it has the Privy Seal affixt 't is sufficient for the Payment of any Monies out of the Exchequer and for several other Uses If the Grant requires the passing the Great Seal as several Grants do the Privy Seal is a Warrant to the Lord Chancellour or the Lords Commissioners to pass it as the Signet was to the Lord Privy Seal But here also a new Transcription must be made of the Grant The Reason why a Grant must go through so many Hands and Seals before it can be perfected is that it may be duly considered and all Objections cleared before it take its effect The Paper-Office at Whitehall is also depending on the Secretaries of State Where all the Papers and Dispatches that pass through their Offices as Matters of State and Council Letters Intelligences and Negotiations of forein Ministers here or of the Kings Ministers abroad are from time to time transmitted and there remain disposed by way of Library The Keeper whereof has a yearly Salary of 160 l. payable out of the Exchequer To conclude the Lords of the Privy Council have always been of such high value and esteem that if a Man did but strike another in a Privy Counsellors House or elsewhere in his presence he was fined for the same To conspire the Death of any of them was Felony in any of the Kings Servants and to kill one of them was High Treason A Privy Counsellour though but a Gentleman has precedence of all Knights Baronets and younger Sons of all Barons and Viscounts And a Secretary of State has this special Honour that if he be a Baron he takes place as such of all other Barons So honourable an Imployment it is that in the late Reign the Earl of Sunderland was both principal Secretary of State and Lord President of the Privy Council CHAP. III. Of the High Court of Chancery otherwise called the Court of Equity I come now to the Courts of Judicature held at Westminster viz. the Courts of Chancery Kings Bench Common Plâ—as Exchequer and Dutchy of Lancaster whereof the three first are held at Westminster Hall the Common-Pleas near the Gate the Chancery and Kings Bench at the further end of the Hall All the fore-mentioned Courts are opened four times a Year called the four Terms Viz. Easter Trinity Michaelmas and Hilary Term. Easter-Term begins always the 17th Day after Easter and lasteth 27 Days Trinity or Midsummer Term begins the fifth Day after Trinity Sunday and lasteth 20 Days Michaelmas-Term begins the 23th of October and lasteth 37 Days And Hilary-Term so called from S. Hilary a Bishop beginneth the 23 of January and lasteth 21 Days Next to the Parliament of England and the Kings Privy Council by whose Influences the Nation is chiefly governed under the King the High Court of Chancery is the chief and the most ancient Court of Judicature Otherwise called the Court of Equity in opposition to other inferiour Courts the Judges whereof are tied to the Letter of the Law Whereas this is a Court of Mercy in which the Rigour of the Law is tempered with Equity And therefore the Kings of England would have this Court Superiour to the other Tribunals as well as for being the Original of all other Courts and the Fountain of all our Proceedings in Law For as Sir Edward Coke says this Court is Officina Justitiae out of which all Original Writs and all Commissions which pass under the Great Seal go forth which Great Seal is Clavis Regni the Key of the Kingdom and for those ends this Court is always open In the Chancery are two Courts one Ordinary and the other Extraordinary In the first the Proceedings are in Latine Secundum Legem Consuetudinem Angliae according to the Laws and Statutes of the Realm In the second by English Bill Secundum aequum bonum according to Equity The Manner of Proceeding is much like that in the Courts of the Civil Law the Actions by Bill or Plaint the Witnesses examined in private and the Decrees in English or Latin not in French No Jury of twelve Men but all Sentences given by the Judge of the Court. The Judge is the Lord Chancellour or Lord Keeper of the Great Seal the highest Dignity that a Lay-man is capable of in England and held of the King durante Beneplacito But now this Office is executed by three Lords Commissioners Next to whom there are twelve Assistants called Masters of the Chancery who are Civilians Their Salary is each 100 Pound paid out of the Exchequer quarterly besides Robe-mony Three of these at a time sit in the Chancery Court in Term-time and two out of Term when the Chancellour sits to hear Causes at his own House Who often refers to them the further hearing of Causes c. These Masters have a publick Office where one or more of them do constantly attend to take Affidavits c. The chief of them is the Master of the Rolls whose Place is both very honourable and beneficial The same is in the King's Gift either Life or during his Majesties Pleasure And he is called Master of the Rolls as having the Custody of all Charters Patents
Hoods lined with Taffety if they be of Oxford or white Minever Furr if of Cambridge and all round black Velvet Caps Besides the Advocates here are also ten Proctors to manage other Mens Causes Who wear Hoods lined with Lambs-Skin if not Graduates but if Graduates Hoods proper to the Degree According to the Statutes of this Court all Arguments made by Advocates and Petitions by the Proctors are to be made in Latine All Process of this Court runs in the Name of the Judge To this Court belong two principal Officers that attend it Viz. an Actuary who sets down the Judges Decrees registers the Court Acts and sends them in Books to the Registry Then a Register whose Office is by himself â—or Deputy to receive all Libels or Bills Allegations and Exhibits of Witnesses to file all Sentences and keep the Records of the Court. Next to which is the Beadle an inferiour Officer who carries a Mace before the Judge â—nd calls the Persons that are cited to appear All Places and Offices belonging to this Court are in the Arch-Bishops Gift The Audience Court is a Court of equal Authority with the Arches tho inferiour both in Antiquity and Dignity The Original of this Court was thus The Arch-Bishop of Canterbury heard many Causes extrajudicially at home in his own Pallace but before he would finally determine any thing he did usually commit them to be discussed by certain Men learned in the Civil and Canon Laws who thereupon were called his Auditors till at last those Causes were committed to One thence named Causarum Negotiorumque Audientiae Cantuariensis Auditor seu Officialis And with this Office was joyned heretofore the Arch-Bishops Chancery which properly meddles not with any point of contentious Jurisdiction or deciding of Causes between Party and Party but only of Office as the Granting the Custody of the Spiritualities during the Vacation of Bishopricks Institution to Benefices Dispensing with Banes of Matrimony c. But this is now distinguished from the Audience The Prerogative Court is the Court wherein all Wills are proved and all Administrations taken that belong to the Arch Bishop by his Prerogative that is where the Deceased had Goods of any considerable value out of the Diocese wherein he died And that Value is usually 5 l. except it be otherwise by Composition between the Arch-Bishop and the Bishop as in the Diocese of London where it is 10 l. If any Contention arise between Two or more touching any such Will or Administration the Cause is properly debated and decided in this Court The Judge whereof is termed Judex Curiae Praerogativae Cantuariensis the Judge of the Prerogative Court of Canterbury Who is attended in the Court by a Register or his Deputy whose Office is to set down the Decrees and Acts of the Court to Keep the Records all Original Wills and Testaments of Parties deceased that have left Bona Not abilia c. His Office is commonly called the Prerogative Office now Kept in the Deans Court near St. Paul's Church-yard where for a moderate Fee one may have a Copy of any such Testament And Under the Register are Six Clerks severally appointed for such and such Counties This Court formerly held in the Consistory of St. Pauls is now Kept in the Common-Hall at Drs. Commons next Day after the Arches in the Afternoon All Places belonging to this Court are in his Grace's Gift The Archbishop of York has also the like Court which is termed his Exchequer but far inferiour to this in Power and Profit He has also an Audience Court For Civil Affairs that concern the Church the highest Court is the Court of Delegates A Court which consists of Commissioners delegated or appointed by the King's Commission to sit upon an Appeal to Him in the Court of Chancery and is granted in three Cases First when a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly when any Sentence is given in any Ecclesiastical Cause in Places exempt Thirdly when Sentence is given in the Admiralty in Suits Civil and Marine by order of the Civil Law The Judges are appointed by the Lord Chancellour under the Great Seal of England pro illa vice and upon every Cause or Business there is a new Commission and new Judges according to the nature of the Cause As sometimes Bishops Common-Law Judges Noblemen Knights and Civilians sometimes Bishops and Civilians at other times Common Law Judges and Civilians and sometimes Civilians only This Court is Kept in the same Place as the former the next Day after the Prerogative-Court in the Afternoon Here the Citations and Decrees run in the King's Name and to this Court belongs a standing Register From this Court lies no Appeal in common Course But the King may and sometimes does grant a Commission of Review under the Great Seal The Court of Peculiars is about certain Parishes that have Jurisdiction within themselves for Probate of Wills c. being exempt from the Ordinary and the Bishops Courts 'T is an ancient Priviledge of the See of Canterbury that wheresoever any Mannors or Advowsons do belong to it they forthwith become exempt from the Ordinary and are reputed Peculiars And there are reckoned in his Province no less than 57 such Peculiars So the King's Chappel is a Royal Peculiar exempt from all Spiritual Jurisdiction and reserved to the Visitation and immediate Government of the King himself who is supreme Ordinary Besides these Courts serving for the whole Province every Bishop has his Court held in the Cathedral of his Diocese Over which he hath a Chancellour anciently termed the Church-Lawyer who being skilled in the Civil and Canon Law sits there as Judge But if his Diocese be large he has in some more remote Place a Commissary whose Authority is only in some certain Places of the Diocese and certain Causes limited to him by the Bishop in his Commission These are called Consistory Courts Every Arch-Deacon besides has his Court and Jurisdiction where smaller Differences arising within his Limits are pleaded The Dean and Chapter of every Cathedral or Collegiate Church have also a Court wherein they take Cognizance of Causes happening in Places belonging to the Cathedral The proper Matters belonging to Ecclesiastical Courts are Ordinations Institution of Clerks to Benefices Celebration of Divine Service Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Rights of Matrimony Divorces general Bastardy Probate of Wills Administrations Pensions Procurations Commutation of Penance c. the Cognizance whereof does not belong to the Common Law Also Apostacy from Christianity Simony Heresy Schisms Blasphemy Fornication Incests Adulteries The Manner of Trials here is different from those at Common Law as thus First goes forth a Citation then a Bill and Answer after that they proceed to Proofs Witnesses and Presumption the Matter being argued pro and con and the Canon and Civil Laws quoted Upon which the definitive Sentence of the Judge passeth without any Jury
each of these Towns Lanceston Liskerd Liskil or Liswithieâ— Truro Bodmin Hâ—lston Saltash Camelford Weâ— and East Lowe Grampond Penrin Tregny Bâ—â—ney S. Ives Fouay S. Germains S. Michaeâ— Newport S. Mawes and Kellington When this County was under the Earls oâ— Cornwal they gave great Immunities and Liâ—erties to those that workt in the Mines And when this Earldom reverted to the Crown in King Edwards Time he gave it to his Son surnamed the Black Prince advancing that Title to that of a Dukedom and erected a Lord Warâ—â—en of the Stanneries to have the Government thereof Since which time the eldest Sons of the Kings of England whether it be by Birth or by the Death of their elder Brothers are ipso facto Dukes of Cornwal as they are Earls of Chester without any Creation being at age to sue their Livery how young soever Of the Isles of Scilly West of Cornwal about 24 miles distant â—ies a Cluster of small Islands called by us the Isles of Scilly by the Dutch Sorlings and by the ancient Greeks Hesperides from their Western Situation Cassiterides from the Tin-Mines they found amongst them They are reckoned to be 145 in Number most of 'em very fruitful in Corn and Pasturage and plentifully stored with Conies Cranes Swans Heâ—ons and other wild Fowl Scilly which communicates its Name to the rest was formerly counted the chief of these â—slands But now S. Maries has got the preâ—minency being about 8 miles in circuit the biggest and most fertile of all having the conveniency of a large and commodious Harbour and fortified with a strong Castle built in the Reign of Q. Elizabeth These Islands after the Romans had forsaken their Holds in Britain returned again into the power and possession of the Natives From whom it was subdued and added to this Crown by Athelstane the eighth King of England and since that time governed as a part of Cornwal CHAP. VII Of Cumberland Derbyshire and Devonshire Cumberland CVMBERLAND is a Maritime County in the North-West Parts of England Bounded on the East by Northumberland and Westmorland on the West by the Irish Sea on the North by Scotland on the South by Westmorland and Lancashire It s Length from North to South is about 5â— miles its Breadth from East to West some thing less than 40. The Whole divided noâ— into Hundreds but Wards five in Number wherein 58 Parishes and 15 Market Towns This Country is generally Mountainous and some of the Hills both very high and steeâ— Those of most note are Skiddaw Haraknot Black coum and Wry-nose On the Top of this last on the high Way-side are placed 3 stones caled the Shire-stones standing within a foot oâ— each other one in this County another iâ— Westmorland and the third in Lancashire As for Rivers and Meres here is abundance â—â— them the principal River known by the Namâ— of Eden Here the Air is pretty sharp and piercing though the Country be something sheltered bâ— the Northern Hills And as hilly as this Country is yet the Hilâ— thereof are not so barren but that they feed great Flocks of Sheep and other Cattel whilst â—ts fruitful Valleys bear good Crops of Corn and its rich Meadows excellent Pasture The Sea and Rivers on the other side strive â—n a manner to furnish it with plenty of Fish and wild Fowl And which is remarkable here they have Muscles that bear a sort of Pearl But besides Rivers here are a great many Meers or Lakes yielding great plenty of Fish but chiefly Vlles Water bordering both upon Cumberland and Westmorland In the Bowels of the Earth not only Coals for Fewel but also Lead and Copper are found in great plenty Of all the Counties in England this shews the most Roman Antiquities The principal of which is the Picts Wall a prodigious Stone-wall built by the Romans for their security against the Incursion of the raging Picts the track whereof in many places is yet to be seen This Wall was 8 foot broad and 12 high reaching cross the Country from Carlisle to Newcastle that is from Sea to Sea at least 80 miles Thus it ascended and descended over great Crags and high Hills with Watch-Towers erected at every thousand Paces in which Souldiers were kept for its Defence At Salkeld on the Eden is a Trophy of Victory erected called by the Inhabitants Long Meg and her Daughters This Monument consists of â—7 Stones each 10 foot above ground and one of them namely Long Meg is 15 foot high Carlisle the chief Place of this County bears from London North-North-West and is distant from it 235 miles thus From London to Buckingham 44 for the particulars of which I refer you to Buckinghamshire to Coventry 30 more from thence to Lichfield 20 to Stoâ— 16 more thence to Warington 32 to â—anâ—â—ster 45 to Kendall 16 more and from thence to Carlisle 32. A City pleasantly seated on the South Bank of the River Eden within few miles of its faâ— into the Sea being watered besides East anâ— West with two lesser Rivers the Pettrel anâ— Canda at their fall into the Eden So that it iâ— in a manner surrounded with three Rivers except towards the South This is a Town oâ— great Antiquity flourishing even in the time oâ— the Romans upon whose Departure it suffered much by the Scots and Picts Afterward being utterly defaced by the Danes it lay dejected for about 200 years till William Rufâ—â— rebuilt it After him Henry the First hiâ— Brother and Successor made it a Bishops See Thus by degrees it recovered it self being now a fine City well inhabited and a Place of good Trade chiefly for Fustians It is begirt with fine Walls fortified with a Castle and Cittadeâ— beautified with a Cathedral of curious Workmanship and dignify'd with the Title of an Earldom at this time injoy'd by the Right Honourable Edward Howard Earl of Carlisle c. Derived to him from his Father Charles Howarâ— created Earl of Carlisle by King Charles II. Anno 1661. And the said Charles Son and Heâ—â— of Sir William Howard was great Grand-chilâ— of the Lord William Howard third Son of Thomas Duke of Norfolk In the Year 1663. hâ— was sent Embassador Extraordinary by the saiâ— King Charles to the Courts of Moscovy Sweden and Denmark And some Years after hâ— was sent again with the same Character tâ— the King of Sweden to whom he carried the Garter The other Market Towns are Egremont Sat. Ravenglas Sat. Keswick Sat. Alston-Moor Sat. Abbey-holm Sat. Cockermouth Mund. Perth Tue. Wigton Tue. Brampton Tue. Bootle Wedn. White-Haven Thu. Ireby Thu. Kirkswald Thu. Longtown Thu. Amongst which Perith or Penrith seated between Eimont a River on the South-side and Lowther another River on the West is counted the second Town of note in this County being large well built and inhabited by Tradesmen but Tanners especially Cockermouth a goodly Town is so called from its Situation on the River Cocker near its fall into the Derwent by which two
afford excellent Fish and wild Fowl in great plenty A noted Place in former time for its wonderfull rich Abbey which continued in its glory till its Dissolution by King Henry VIII This County which formerly was Part of the Kingdom of Mercia and its Inhabitants Part of the Iceni as the Romans called them is now in the Diocese of Lincoln Out of it are elected besides the two Knights of the Shire but two Parliament Men and these out of Huntington Kent KENT in Latin Cantium so called as being seated in a Canton or Corner of the Kingdom is a large rich and pleasant Country â—â—ying between the Thames and the Narrow Seas So that it is invironed on all sides with the Sea except Westward where it borders both upon Surrey and Sussex It contains in Length from East to West 60 Miles in Breadth from North to South 30. The Whole divided into five Lathes called Sutton Aylesford Scray St. Augustine and Shepway Lathes and these into 67 Hundreds wherein 408 Parishes and 30 Market Towns Which is an Argument of its Populousness But the Air is neither so serene nor so healthful here as in other Counties especially near the Sea and Marshes which makes this Country so noted for its Kentish Agues Now that you may know in few words the Nature of this Country both as to its Air and Soil I shall bring in the Remark made upon it which is that there are 3 Ridges of Hills in Kent one called Health without Wealth the second Health and Wealth and the third Wealth without Health Others as to the Soil give this different Character of it The Weald for Wood East Kent for Corn Rumney for Meadow Tenham for an Orchard Shepey and Reculver for Wheat Thanet for Barley and Hedcorn for Capons In general this may be said of Kent that it is a Country very good for Corn and fit for Pasturage according to the several Plots and Parts thereof and wondrous full of fruitful and well-ordered Orchards from whence the City of London is supplied with most sorts of Fruit but chiefly with Pippins and Cherries which are counted the best in England On the Cliffs between Deal and Dover there grows a great store of Samphire The same is well watered with Rivers For besides the Thames that washes its North Parts here is the Medway which in a manner parts it in the middle the Stower that runs by Canterbury the Tun through Tunbridge and the Rother upon which Appledore is seated not to mention the lesser Streams Of all the Counties in England this was the first Kingdom of the Heptarchy and had a particular King to it self which no other County ever had Neither was it conquered by the Normans the Kentish Men yielding upon Articles and having their ancient Franchises and Customs confirmed to 'em by William the Conqueror One of which is the Cavelkind whereby they are not so bound by Copy-hold as in other Parts of England Lands of this nature being equally divided here among the male Children and for want of Males among the Females By the same Law they are at age at 15 years old and they may sell or make over the Land without the consent of the Lord. Also the Son tho of a convicted Father for Felony or Murder succeeds him in such Kind of Lands The Kentish Men besides have this to glory in that they were the first Christians of this Island And this is the only County at this time that has two Cities or Episcopal Sees namely Canterbury and Rochester Canterbury the chief Place of this County is 46 miles East of London Viz. from London to Dartford 12 to Rochester 11 more from thence to Sittingborn 10 and to Canterbury 13 more A City of great Antiquity if it was built as some Authors aver 900 years before Christ 'T is seated on the River Stower noted for breeding the best Trouts in the South East Parts of England and is counted in the Lath of S. Augustine The Buildings of it but mean and the Wall which encompasses it in a decayed condition The greatest Ornament of all is the Cathedral wherein ly interred the Bodies of eight Kings For this City had been the Seat of the Kings of Kent till given by Ethelbert the first Christian King of this Country to Augustine the first Archbishop thereof and his Successors Whereupon the King removed his Seat to Reculver a Town by the Sea-side In this Cathedral is also interred the Body of Thomas Becket once Archbishop hereof that famous Saint so reverenced by the Romanists In this City and its Suburbs are reckoned 14 Parish Churches besides a Meeting-place under the Cathedral for the Walloonâ— that dwell in this City who are very numerous and drive a considerable Trade of the Stuffs they make here It has two Markets a Week Wednesdays and Saturdays the latter of which is the most considerable But to the honour this City has had of being the Regal Seat of the first Kings of Kent and of being to this day the See of the Primate of England let us add the Coronation of King John and Queen Izabel his Wife the Marriages of Henry II. and Edward I and the Interments of Edward the black Prince King Henry the Fourth and Queen Joan his Wife all which was performed in this Place The other Market-Towns are Eltham Mund. Wrotham Tue. Lenham Tue. Westram Wedn. S. Mary Cray Wedn. Goldburst Wedn. Gravesend Wedn. Sat. Feversham Wedn. Sat. Dover Wedn. Sat. Sandwich Wedn. Sat. Wye Thu. Rumney Thu. Lyd Thu. Folkstone Thu. Maidstone Thu. Bromley Thu. Rochester Frid. Tunbridge Frid. Tenderden Frid. Woolwich Frid. Smarden Frid. Malinge Sat. Milton Sat. Cranbrook Sat. Hythe Sat. Ashford Sat. Sevenoke Sat. Dartford Sat. Appledore Among which Rockester requires the preeminence as a Bishops See and the second for Antiquity in all the Island It is seated upon the Medway over which it has a stately Stone-bridge one of the fairest in England It consists most of one principal Street which extends it self a long way the Houses being but ordinary as they are inhabited for the most part but by Trades-men and Inn-keepers Yet besides the Honour it has of being a Bishops See it is dignify'd with the Title of an Earldom in the Person of the Right Honourable Laurence Hyde Earl of Rochester Viscount Hyde c. Which Title was formerly enjoy'd by three Wilmots And before them there was a Viscount of this Place Sir Robert Carr being created Viscount of Rochester Anno 1611. and afterwards Earl of Somerset Adjoyning to this City is Chatham also seated on the Banks of Medway A long Thorough-fare Town well inhabited by Seamen and Shipwrights as being the principal Station of the Royal Navy and having a good Dock and Store-houses for the building and equipping of his Majesties Ships Maidstone is seated also on the Medway but near the head of it This is the Town where the County-Goal Sessions and Assizes are kept being conveniently seated for
handsom Town flands pleasantly among fertile Meadows near the Forest of Charwood on the Banks of the River Stowr over which it has a Bridge Lutterworth a goodly Town also beautified with a large and fair Church with a neat and lofty Spire-Steeple is seated in a good Soil on the River Swift which at a small distance from hence falls into the Avon in Warwickshire Of this Town the famous Wicless was Parson an okl Champion against the Corruptions and Errours of the Church of Rome This County now in the Diocese of Lincoln was part of the ancient Kingdom of Mercia in the Time of the Heptarchy and its Inhabitants with several of their Neighbours went among the ancient Romans under the Name of Coritani Out of it are elected besides the two Knights of the Shire but two Members of Parliament chosen by the Town of Leicester Lincolnshire LINCOLNSHIRE a large Maritime County is bounded on the East with the German Ocean on the West with the Counties of York Nottingham and Leicester on the North with the River Humber which parts it from Yorkshire on the South with the Counties of Cambridge Northampton and Rutland It contains in Length from North to South almost 60 miles in Breadth from East to West 35. The Whole divided into 3 Parts called Lindsey Kesteven and Holland And these 3 Divisions contain 30 Hundreds wherein 630 Parishes and 35 Market-Towns This Country being Fenny especially in the East and South Parts makes the Air something unhealthful because it is apt to be thick and foggy The Soil in the North and West Parts is exceeding pleasant and fertile stored with Pasturage Arable and Meadow Grounds But the East and South Parts that are full of Fenny Grounds and something brackish by reason of the Salt Waters that come in from the Sea through several Inlets are barren and unfit for Corn. 'T is true in recompence thereof there is such a plenty both of Fowl and Fish that no County in the Kingdom can compare with it And there goes a Story that at one draught with a Net 30â—0 Mallards have been taken besides other sorts How true it is I am as yet to seek but am apt to think there 's one Cypher too much As for Rivers no County in England is better irrigated nor Rivers any where more plentifull of Fish Northward is the Humber which as I said before parts it from Yorkshire and Westward the Trent which severs Part of it from Nottinghamshire Cross the Country you will find the Witham River Southward the Weland and the Nen. That Part of the County which goes by the Name of Lindsey lies to the Northward and is so named from Lindissi the ancient Name of Lincoln according to Beda This Part is so surrounded with Water that it is an Island and its Extent so great in proportion to the rest that it takes up at least one half of the County Noted for giving the Title of Earl to the Right Honourable Robert Bertie the present Earl of Lindsey Lord Great Chamberlain of England Kesteven and Holland take up the South Parts from Lindsey Holland lying towards the Sea and Kesteven West from it Of Holland there has been 3 Earls Henry Robert and Edward Rich. The first created Earl of Holland by King James I. Anno 1624. Robert his Son succeeded not only in this Title but also in that of Earl of Warwick upon the Death of his Cousin-german Charles Rich Earl of Warwick who died without Issue So that both Titles are now injoyd by his Son and Heir the Right Honourable Edward Rich the present Earl of Warwick and Holland Lincoln the principal Place in this Shire and a Bishops See bears from London North by West and is distant from it by common Computation 103 miles thus Viz. from London to Huntington 48 miles for the Particulars whereof I refer you to Huntingtonshire from thence to Stilton 9 to Peterborough 5 more to Market-Deeping 8 to Sleaford 18 more and thence to Lincoln 15. A City seated on the side of a Hill the lower part whereof is watered by the River Witham over which there are several Bridges for the Conveniency of Passengers A Place of great Antiquity whose ancient ruinated Places are still an Argument of its former Greatness In the Time of the Romans 't was a Town of great strength and fame and in the Time of the Normans a Place of great Trading Whose flourishing Condition occasioned the Episcopal See then at Dorchester near Oxon to be removed hither But this City has gone through all the Calamities of Fire Sword and Earth-quake Which has so much weakned and impaired it that of 50 Churches it is said to have had for divine Worship there remains but 15 besides the Cathedral In the Time of the Saxons King Arthur drove away their Forces from this Place The like did Edmund Ironside to the Danes who had made sore havock thereof On the 5th of Sept. 1140. here was a great Battel fought between King Stephen and Maud the Empress in which the King was taken Prisoner and afterwards laid in irons in Bristol On the 19th of May 1217. here was another sore Battel fought betwixt King Henry III. and his disloyal Barons who stood for Lewis the Dauphin of France in which the King got the day But whatever Disasters and Calamities this City has gone through still 't is a large populous and well frequented Place Dignified not only with an Episcopal See whose Diocese to this day is the greatest of any in the Kingdom but also for many Ages with the Title of an Earldom Which having passed through severall Families with frequent Interruptions came at last to be in the possession of Edward Fiennes Lord Clinton who being Lord Admiral in Queen Elizabeth's Time was by her Majesty created Earl of Lincoln Anno 1565. From whom the Title is now devolved in a direct Line to the Right Honourable Edward Clinton the present Earl of Lincoln The Cathedral or Minster as now standing is one of the stateliest Piles in England and perhaps in Christendom high seated on a Hill and from thence discerned over all the Country In short this City is a County of it self whose Liberties extend about 20 miles in compass and is called the County of the City of Lincoln It s Market kept on Fridays is well served with Provisions and Country Commodities The other Market-Towns are Grantham Sat. Kirkton Sat. Thongcaster Sat. Waynfleet Sat. Horn-Castle Sat. Dunington Sat. Burton Sat. Bourn Sat. Spilsby Mun. Salsby Mun. Sleaford Mun. Market-Stanton Mun. Stamford Mund. Frid. Ganesborough Tue. Barton Tue. Market-Rasen Tue. Bullingbrook Tue. Spalding Tue. Alford Tue. Grinsby Wedn. Binbrook Wedn. Lowthe Wed. and Sat. Boston Wed. and Sat. Glamford Thu. Burgh Thu. Market-Deeping Thu. Folkingham Thu. Holbich Thu. Wragby Thu. Naverby Thu. Tatershall Frid. Saltfleet Crowland Barnwell Among which Stamferd in Kesteven Division and the hithermost Town of Lincolnshire is the most considerable Seated on both sides of the
New Buckenham ly not far from Thetford to the Eastward Diss and Harleston on the Waveney Watton Windham Hingham Swafham and East-Derham do not ly far asunder about the middle of the County Further to the Northward you will find Repeham Caston Fakenham Walsingham Holt Aleâ—ham Worsted North Walsham and Hickling this last in a Marsh-Ground not far from the Sea Downham is upon the Ouse over which it has a Bridge leading into Cambridgeshire Snetham North of Lyn is seated on a bivuler not far from the Sea Burnham-Market and Cromere are two Sea-Towns in the North Parts of the County Between which is Clay another Sea-Town on three sides incompassed with Waters and once a Market Town but now discontinued And near it Wayborn-hope a noted Place amongst Seamen as is Winterton Ness or Point in the East which is very coldly seated And yet it is observed that the Ground about Winterton is one of the richest and fattest in England Among the aforesaid Towns Walsingham was formerly renowned as for its Colledge of Canons so for the continual Concourse of Pilgrims to this Place Who came hither to pay their Superstitious Devotion to the Blessed Virgin at a Chappel near the two Wells called to this day the Virgin Mary's Wells It was also a Place of note for its good Saffron Near Burnham-Market within 2 Miles from it to the Westward is a small Country-Town called Brancaster the Ruins of an ancient Town known by the Name of Branodunum Seated near the Sea-shore and a Place of good account in the time of the Romans who kept here a Garrison Not far from Hickling in the North-East Parts is the ancient decay'd Abbey of St. Bennet's in the Holme built by the Danish King Canute An Abbey so fortified afterwards by its Monks with Walls and Bulwarks that it seemed rather a Castle than a Cloyster and yet was betrayed by a Monk to William the Conqueror The Bishop of Norwich retains to this Day the Title of Lord Abbot of St. Bennets And it is observable that hereabouts both Cockles and Perwinkles are digged out of the Ground Lastly this County which is the largest in England next to Yorkshire but much more populous was Part of the Kingdom of the East-Angles in the time of the Heptarchy and its Inhabitants part of the Iceni as the Romans called them It is observed of the People in this County that they are notably industrious for Plough and Manufactures insomuch that one shall hardly see a Beggar throughout all the Country And yet which one would wonder at they are notable Wranglers and generally so well versed in the Quirks of the Law that they create more work for the Assizes than almost all the Circuit else Accordingly Norfolk is the County which commonly yields the best Breed of Lawyers and has furnished the Courts of Justice with many an emiment Man in the Laws of England But a great Antiquary has made another material Observation That in this County are a hundred Families of ancient Gentry that never were attainted of high Treason Which if it be true the Gentry here have had better fortune than the Dukes Dutchesses and Earls of Norfolk His Grace Henry Howard the present Duke of Norfolk derives his Title from his noble Ancestor John-Lord Howard created Duke of Norfolk by King Edward IV. Anno 1483 and descended from the Lady Margaret Dutchess of Norfolk Daughter of Tho. de Brotherton Earl of Norfolk first Son of King Edward I. Out of this County are elected besides the two Knights of the Shire ten Members of Parliament Viz. Two out of each of these following Places Norwich Kings I yn Yarmouth Thetford and Castle-rising Northamptonshire NORTHAMPTONSHIRE an Inland County is bounded on the East with the Counties of Cambridge Huntington Bedford and Buckingham on the West with Rutland Leicestershire and Warwickshire Northward with the Counties of Lincoln Rutland and Leicester Southward with Buckinghamshire and Oxfordshire This County being long but narrow runs in Length from North to South ahout 50 miles and in Breadth from East to West but half The Whole divided into 20 Hundreds wherein 326 Parishes and 13 Market-Towns Here the Air is temperate and healthfull the Soil as rich either for Corn or Grass as in any Place in England And the Inhabitants find such a Profit here by Grazing and Tillage that they improve the Ground every where Insomuch that it is said there is less waste Ground in this County than in any other As for Rivers and other fresh Streams 't is as well watered as most Counties are It s principal Rivers are the Nen and the Weland both having their Rise here besides the Ouse which rises in the South Parts near Bucking hamshire A further Proof of the excellency of this County might be fetched from its Populousness For it is so garnished with Towns that in many Places 20 or 30 Steeples present themselves at one view And considering its Extent 't is said to be honoured with the Seats of as many if not more of the Nobility and Gentry as any County in the Kingdom Northampton the chief Place hereof ly's North-West from London and by common Computation is distant from it 54 miles thus From London to Barnet 10 thence to St. Allans 10 and to Dunstable 10 more from Dunstable to Stony Stratford 20 and to Northampton 10 more A Town pleasantly seated on the Banks of the River Nen where it meets with two Rivulets one from the North the other from the South And though it has suffered much by the sore hand of the Dane and other Calamities and of late particularly by the dreadfull Fire which buried it all in Ashes in September 1675 yet it has raised it self again more glorious than before So that for Circuit and Beauty it may at this time be ranked with many Cities Fortified heretofore with good Walls and a strong Castle and seated in so good an Air that once the Students of Cambridge had a mind to remove their University hither Here the Inhabitants drive a considerable Trade especially of Leather and its Market which is on Saturdays is well served with Provisions This Town is the Place where the County-Goal and the Assizes are kept Of special note for giving the Title of Earl to the Right Honourable George Compton the present Earl of Northampton Devolved to him from his noble Ancestor William Lord Compton and Lord President of Wales Created Earl of Northampton by King James I. Anno 1618. The other Market-Towns are Peterborough Sat. Oundle Sat. Higham-Ferrers Sat. Rothwell Mund. Thrapston Tue. Towcester Tue. King's Cliff Tue. Wellingborow Wed. Braâ—kley Wed. Daventry Wed. Kettering Frid. Bodkingham Among which Peterborough is seated in a Nook or Angle of the County bordering upon Cambridgeshire and Huntingtonshire where formerly had been a Gulf or Whirlpool of an exceeding depth 'T is seated on the River Nen over which it has a Bridge leading into Huntingtonshire A Town of no great account but for being a
the South with Herefordshire It s Length from North to South is about 35 miles its Breadth from East to West 26. The Whole divided into fifteen Hundreds wherein 170 Parishes and 15 Market-Towns Here the Air is counted very wholesom and the Soil as fruitfull both for Corn and Pasture T is well cloathed with Wood and in the Bowels of the Earth are Mines of Iron and Pitcoal in great plenty But towards the West and South Parts the Country is very hilly and mountainous As for fresh Streams no County is better watered than this For besides the Severn which in its crooked and winding Course cuts the Shire in the midst here are the Roden the Terne Clum Rea and Teme In all which are plenty of fresh-Water Fish And as this County is inferiour to none about it either for delight or penty So for the Number of Towns and Castles standing exceeding thick on every side as having formerly been a Frontier-County towards Wales it is far above ' em Shrewsbury the chief Place hereof bears from London North-West and by West and is distant therefrom 124 miles thus Viz. From London to St. Albans 20 and to Dunstable 10 more thence to Stony-Stratford 14 to Towcester 6 and to Daventry 10 more from thence to Covenrry 14 and to Bermingham 14 more then to Dudley 8 to Bridgenorth 12 more from Bridgenorth to Wenlock 6 and from thence to Shrewsbury 10. 'T is seated in the very midst or Center as it were of the County on a pleasant Ascent and on the Banks of the Severn not far from the Place where stood Vriconium out of whose Ruins 't is said to be raised The Severn do's almost incompass it round and that Part of it which is not fenced with it is fortified with a strong Castle built by Roger de Montgomery the first Earl hereof A Town which for neatness of Buildings both publick and private for variety and fineness of Streets for extent and populousness yields to few Cities in England It contains five Parish-Churches two of which viz. St. Marie's and St. Alchmond's are fair Structures and beautify'd with lofty Spires And here are still to be seen the Remains of a stately Abbey founded by the foresaid Earl of Montgomery Besides the natural Strength of this Place it is fenced about with a strong Wall with a Bulwark ranging from the Castle unto and part along the Severn On the East and West there are three Entrances into the Town by two fair Stone-bridges with Gates Towers and Bars and on the North by a Gate over which stands the Castle once exceeding strong Remarkable besides for giving the Title of Earl to the Right Honourable Charles Talbot the present Earl of Shrewsbury In short 't is a well-traded and frequented Town by all sorts of people both English and Welch whose frequent Intercourse brought them to speak both Speeches The principal Trade they drive here is in Cloths Frizes Welch Cottons and some other Commodities this being the common Mart or Empory between England and Wales And here are Weekly 3 Markets Viz. On Wednesdays for Provisions on Thursdays for Welch Cottons c. here sold in great abundance and thence sent to London on Saturdays for all sorts of Provisions The other Market-Towns are Bridgenorth Sat. Newport Sat. Ludlow Mund. Great Wenlock Mund. Oswestree Mund. Ellismeer Tue. Shipton Tue. Drayton Wedn. Wem Thu. Wellington Thu. Stretton Thu. Whitechurch Frid. Bishops Castle Frid. Clebury Among which Ludlow seated in the South Parts of the County upon the Banks of the Teme is the most considerable The Town is large and populous beautified with many fair Edifices It is also defended by a Wall and a Castle both built by Earl Roger of Montgomery But it is of chief note for being the Place where the Court for the Marshes of Wales were kept first ordained by King Henry VIII for the Trial of Causes but suppressed in the late Session of Parliament Bridgenorth or the Borough of Bruges is situate upon the Severn over which there 's a fair Stone-bridge 'T is a good large Town divided into two Parts the one called the Upper the other the Lower Town containing two Parish Churches In former time fortified with Walls a Ditch and a stately Castle seated on a Rock now decay'd Drayton on the River Terne where it severs this County from Staffordshire is a Place of some note for a Battel there fought betwixt the Houses of York and Lancaster Newport lies South of Drayton on a Plain or Flat adjoyning to Staffordshire Great Wenlock in the Road from Worcester to Shrewsbury Bishops Castle in the South Parts not far from the River Clun Wem on the Roden in the North Parts of the County noted for the Title of Baron it lately gave to the Lord Chancellour Jeffreys Oswestree and Ellismore near the Borders of Wales Whitechurch on the Confines of the County near Cheshire At Wenlock in the Time of Richard the Second was found a rich Copper Mine And at Pitchford in this County is a Well or Spring in a private Man's Yard wherein flow's a thick Scum of liquid Bitumen which being cleared and taken off one day will have the like upon it again the next Alderbury though no Market-Town is famed for being the Birth-place of old Thomas Parre who lived to a great Age and about two years before he died was brought up to London to King Charles I. Where he died and lies buried in Westminster Abbey He was born Anno 1483 died in the Year 1635 lived 152 Years and saw ten â—eigns Lastly this County which formerly was Part of the Kingdom of Mercia and its Inhabitants part of the Cornavii as the Romans called them stands now divided betwixt the Dioceses of Lichfield and Hereford Out of it are elected besides the two Knights of the Shire ten Members of Parliament Viz. two out of each of these following Towns Shrewsbury Ludlow Great Wenlock Bridgenorth and Bishops-Castle Somersetshire SOMERSETSHIRE a large Maritime County in the West of England is so called from Somerton once the most famous and most considerable Town in all the County and now but a small Market-Town of little or no credit 'T is bounded on the East by Wiltshire and part of Devonshire on the West by Devonshire Northward by the Severn Sea and part of Glocestershire Southward by the Counties of Devon and Dorset It s Length from East to West is about 55 miles its Breadth from North to South 40. The Whole divided into 42 Hundreds wherein 385 Parishes and 30 Market-Towns The Air of this County in the Summer Season is very agreeable but in Winter-time 't is apt to be too moist and foggy Accordingly the Soil in Winter is wet miry and moorish especially in the midst of the Country which makes the Roads very uneasy to Travellers But in Summer there is no pleasanter Country being garnished as it is with rich Pastures and delightful Meadows Which has given occasion to an usual Proverb here
fortified with a strong Castle wherein a Garrison is kept The Town is not very large but well built and well inhabited and as it has a commodious Key it injoy's a pretty good Trade Several Vessels belong unto this Town imploy'd especially in Herring-Fishing Season which are taken on this Coast in great plenty This Place is also noted for its famous Spaw which is much resorted unto But of late in a more particular manner for giving the Title of Earl to the Right Honourable Richard Lumley newly created Earl of Scarborough Between this Town and Whitby to the Northward is Robin Hoods Bay so called from Robin-Hood that noted Robber in the Reign of Richard I. About which is found a sort of Jeat or black Amber Whitby another Sea-Town is commodiously seated on the River Esk at its Influx into the Sea A pretty neat Town with a Bridge over the River and driving a good Trade chiefly for Allum and Butter Here is a Custom-House and great many Vessels belonging to the Town Formerly a Place of note for its Abbey but chiefly for the Abbess thereof S. Hilda so famed in her time for working of Miracles One of which Tradition tells us was her ridding this Part of the Country of Snakes which infected it much and conjuring of them into the Sea by her fervent Prayers Which is backed by those who aver that at the Root of the craggy Rocks that are upon the Shore therely Stones scattered here and there naturally as round as a Bullet In which Stones being broken are found stony Serpents wrapt round but most of them headless Not far from Whitby is Mulgrave an ancient Castle situate near unto the Sea and first built in the Time of Richard II by Peter de Mauley Who being pleased with it called it Mouligrace that is a fine Seat But as it proved a grievous Yoke to the neighbour Inhabitants they nicknamed it and called it Moultgrave since turned into Mulgrave by which Name it go's to this day It continued in this Line for 7 Generations and all of them called Peters too The Issue male failing it passed through several Families till it came to the Sheffields Out of which House Edmund Lord Sheffield of Butterwick Lord President of the North was created Earl of Mulgrave by King Charles I. Anno 1625. To whom succeeded in the Title Edmund his Grand-Son by Sir John Sheffield his second Son Who dying in the Year 1658. left his Title to his Son and Heir the Right Honourable John Sheffield the present Earl of Mulgrave Some miles West from Mulgrave Castle is a small Sea-Town called Skeningrave not to be omitted were it but for the following Account of the Seal-fish Hereabouts near unto Hunt-Cliff at low Water appear Rocks not far from the Shore about which the Seal-fish come in great Sholes and in fair and warm Weather ly sleeping and sunning themselves But as it has been observed while they ly thus asleep one of them is upon the Watch and acts the part of a Sentinel Who upon the appearance of any Danger gives the Signal by flouncing into the Water the Noise whereof awakes the rest and so they make their escape They are not afraid say's my Author of Women but only of Men and therefore they that catch 'em put on Womens Cloaths If when they are chased they find themselves too far from the Water their Way is with their hinder feet to fling Sand and Gravel backward in the Pursuers faces which forces 'em sometimes to quit the Sport Some miles from this Coast to the Southward is a Tract of Land called Cleveland taking that Name as Cambden tells us of the Cliffs or steep Banks which run all along the side thereof and at the foot of which the Country spreads it self into a fine fruitful Plain A Territory besides of a good extent which gave the Title of an Earl to Thomas Lord Wentworth created Earl of Cleveland by King Charles I. But leaving no Issue the Title died with him Anno 1670. King Charles II. conferred the Title of Dutchess of Cleveland upon Barbara Villiers Daughter to the Lord Viscount Grandison who was slain in the Civil Wars the Earl of Castlemain's Wife and Mother of three Dukes viz. the Duke of Southampton the Duke of Grafton and the Duke of Northumberland In this Tract I mean Cleveland is an ancient Castle called Danby seated near unto a large Park and a goodly Chase of the same Name It belonged anciently to the Lord Latimer and was sold with other Lands belonging to that Family to Ralph Nevil Earl of Westmorland who forthwith gave the same to his Son Sir George Nevil And not long after King Henry VI. summoned him to the Parliament by the Name of Lord Latimer Whose Issue male failing in Queen Elizabeths Time the Estate was divided between his two Daughters The Castle with the Lands adjoyning fell to the share of Mary Wife to Sir John Danvers of Wiltshire By whom she got Sir Henry Danvers Created by King James I. Lord Danvers of Danby and by King Charles I. Earl of Danby But he dying without Issue the Title lay dormant till revived by Charles II. By whom the Right Honourable Thomas Osborn now Marquess of Caermarthen was created Baron of Kineton and Viscount Latimer in the Year 1673 and Earl of Danby the next Year Gisborough is pleasantly seated in a Flat between Mulgrave and the River Tees A mean Town to what it was when it had its rich Abbey but of some note however for being the first place where Allum was made in England Not far from which is Roseberry-Topping a Hill Pyramid-like serving to Sailers for a Land-Mark and being to the Country-people a certain Sign of Rain when they see a Cloud over it Almost at the top of it is a Spring of Water coming out of a huge Rock counted good for sore Eyes Stokesley is a Market-Town well watered with fresh Streams Yarum but a mean Town is seated on the Tees which divides this County from the Bishoprick of Durham and over which it has a fair Stone-Bridge North-Allerton a large Borough-Town stands near the Wisk a small Stream that falls into the Swale And Thirsk is a small Borough-Town that had once a very strong Castle Bedal Middleham and Masham are all three in Richmondshire The first seated on the Swale and a small Stream that falls there into it Middleham and Masham on the Youre And not far from Masham is Aldborough an ancient Borough-Town New Malton Pickering Kirby-Moreside and Helmley ly all four Eastward not far distant from each other nor from the Sea The first a Borough-Town is seated on the Banks of the River Derwent over which it has a Stone-bridge and contains 3 Parish Churches being well-inhabited and accommodated with good Inns for Travellers It s Market on Saturdays is counted one of the best in all the County for Horses living Cattle Provisions and most Country-Commodities especially Tools for Husbandry The other
Rent of the Shops above and below Stairs and the vaulted Cellars under Ground Which comes to about 4000 l. a Year besides 30 l. Fine which is paid for every Shop And as Dr. Chamberlain observes this goodly Fabrick not taking up quite an Acre of Ground is perhaps the richest piece of Ground in the whole World In our Way towards Westminster before we come to St. Pauls Cathedral are three Things worth taking notice of On the left hand a Statute of King Charles II. on Horseback in Stock-Market with a fine Conduit to it Bow steeple in the middle of Cheapside and on the right hand the Guild-hall The first done in white Marble at the Cost and Charges of Sir Robert Viner The other a solid and beautifull Structure composed of four of the Orders of Building which shews the rare Invention of the Architect The whole Height of it from the Ground is 225 foot and yet is but half so high as the intended Dome of St. Pauls Cathedral is designed to be Noted besides for its Ring of Bells reputed to be the best in all England Guildhall where the the City Courts of Judicature are held and where the Lord Mayor Aldermen and Common-Council meet for the Management of the City-Concerns is a spacious Building but more glorious within than without At the first coming in is a spacious Hall set out among other Things with the Pictures of Their Majesties King William and Queen Mary with those of several Judges Here are also two Giauts that stand up in their bulky Figures Blackwell-Hall is so near this Place and so famous for the Sale of Woollen-Cloths that I cannot pass it by in Silence The same was purchased by the Lord Mayor and Commonalty in the Beign of Richard II and has been since imployed as a Weekly Market-Place for all sorts of Woollen-Cloth broad and narrow brought from all Parts of the Kingdom there to be sold And it is to this day the greatest Market and Store-house for all sorts of Woolen-Cloth And now we come to St. Pauls Cathedral seated on the highest Part of all the City and first built by Sebert the first Christian King of the East-Saxons Before the Fire it was in Length 690 Foot that is 20 foot longer than St. Peter's in Rome which for beauty proportion and divers other Things excels all other Churches It s Breadth and Height were proportionable to the Length so that it stood upon so much ground as contained above 3 Acres and a half This famous Church as vast and solid as it was was devoured by that dreadfull Fire in the Year 1666. But some Years after Sir Christopher Wren having by the King's Command designed a new Model of it a new Foundation was laid accordingly And ever since this stately Fabrick has been carried on to that height we see it now So that for Greatness and Figure for Solidity Magnificence and curious-Architecture 't is like to excel all Churches in Christendom except in some particulars St. Peter's Church in Rome To this Cathedral belongs a Dean and thirty Prebendaries c. Within the Liberties The Two Sergeants Inns one in Fleetstreet and the other in Chancery-Lane Two Inns of Court the Inner and the Middle-Temple in Fleetstreet Five Inns of Chancery viz. Clifford's-Inn in Fleetstreet and these four in Hoâ—born Thavies Furnivals Bernards and Staple-Inns Without the Liberties Two other Inns of Court viz. Grays Inn in Holborn and Lincolns Inn in Chancery Lane Three Inns of Chancery viz. Clements Inn New Inn and Iyons Inn. The Sergeants Inns are so called because divers Judges and Sergeants at Law keep their Commons and Lodge there in Term-time The Number of these is about 26 who being arrived to the highest Degree in the Study of the Common Law have here their Lodging and Diet. Out of these are all the Judges of the Kings Bench Common Pleas and Exchequer elected by the King â—t being a Degree in the Common Law anâ—werable to that of Doctor in the Civil Law But whereas Doctors of Law are allowed to it covered within the Bar the Sergeants stand â—are-headed without the Bar only with Coifs â—or Caps on For they are called Servientes 〈◊〉 Legem and Servitutis Appellatio-est Ministeâ—ii Doctoris vero Magisterii The Degrees by which the Student in the â—ommon Law rises to that of a Sergeant are first by being bred 2 or 3 years in the University in the Study of Logick and Rhetorick with some Insight into the Civil Law Upon which he is admitted to one of the four Inns of Court where he is first called a Student or Inner-Barrister till after 7 Years Study he becomes a Mootman or Utter-Barrister and some Years after a Bencher Those are Utter-Barristers who from their Learning and Standing are called by the Benchers in the Mooting Time to plead and argue Moots that is doubtfull Cases and Questions And whilst they argue the said Cases they sit uttermost on the Forms of the Benchers Out of these Mootmen are chosen Readers for the Inns of Chancery where in Term-Time and Grand Vacations they argue Cases in the presence of Attorneys and Clerks In the four Inns of Chancery seated in Holbourn the Moots are read either by those of Grays-Inn or Lincolns-Inn and in the others by those of the two Temples The Benchers so called from the Bench whereon they sit at the upper end of the Hall are the Seniors to whom is committed the Government of the whole House and out of whose Number is yearly chosen a Treasurer who receives disburses and accounts for all Moneys belonging to the House Out of these are also chosen those Readers whose Reading is kept with so much feasting and solemnity To which are invited the chief Nobles Judges Bishops great Officers of the Kingdom and sometimes the King himself Such a Feasting as has cost some Readers 1000 l. After which the Reader wears a long Robâ—different from other Barristers and is then in a capacity to be made a Sergeant at Law the Sergeants being usually chosen out of these Readers The Manner of their Choice is thus When the Number of Sergeants is small the Lord Chief-Justice of the Common Pleas by the advice and consent of the other Judges makes choice of some of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellour or Lord Keeper Who sends by the King 's Writ to each of them to appear on such a day before the King to receive the State and Degree of a Sergeant at Law At the appointed Time they being habited in party-coloured Robes come to Westminster-Hall accompany'd with the Students of the Inns of Court and attended by a Train of Servants and Retainers in their Cloth Liveries Where they take in publick a solemn Oath and are cloathed with Coifs which they wear always in publick After this they feast the great Persons of the Nation in a most splendid manner and present them with gold Rings
Warranto brought in at the latter end of Charles II his Reign and a new Charter granted the City but with several Restrictions of great moment yet that Judgement was Reversed upon their late Application to the Parliament and their ancient Charter Confirmed So that Things run now as they did before that Judgment in their proper Channel For Military Affairs the City of London is a Lieutenancy of it self So that the Power of a Lord Lieutenant is in the Lord Mayor and Aldermen and other principal Members of the City for the Time being Who by a peculiar Commission from His Majesty are authorized to act as his Lieutenants in London for the ordering the City-Militia with the same Power that the Lord Lieutenants have in their respective Counties Now the City-Militia consists of 6 Regiments of Foot making about 90000 men besides the Hamlets of the Tower 2 Regiments and the Regiment of Southwark To which if we add the Militia of Westminster consisting of 2 Regiments called Holborn and Westminster each of 2000 men we find in all eleven Regiments But in case of Necessity the Auxiliaries are raised consisting of Apprentices which make up six Regiments more every Freeman that has two Apprentices finding one for that purpose To supply the City Train-Bands and Auxiliary men with Commanders there is a Nursery of Souldiers called the Artillery Company of above 60 Years standing This Company consists of 600 choice men commanded in chief by the King and under his Majesty by a Leader Who exercises this Company every Tuesday fortnight in the Artillery-Ground a spacious Place near Moorfields inclosed for that purpose with a fair Brick-Wall And the other Tuesday the Exercise is performed by the several Members of the Company who are there trained up to command most of them being Commanders of the Train-Bands They have a Court-Marshal consisting of a President Vice-President Colonel and 24 Members of the Company On the second Tuesday in February is their general Rendezvous every Year when they chuse their Officers Which besides the Leader are two Lieutenants 2 Ensigns 2 Sergeants a Provost Marshal 3 Gentlemen of Arms c. The Church-Government is by the Bishop of London The Parishes whereof for the most part provided with able and eminent Divines under the Title of Rector or Vicar are under his Jurisdiction And for maintaining these Divines with their Families there is in most Parishes a Parsonage or Vicarage-House with a yearly Allowance besides the Perquisites arising from Christenings Marriages and Burials Which Allowance since the Reformation falls much short of what it was in the time of Popery when besides the Tythes of the Tradesmens Gains the Mortuaries Obits c. the Priest tho' in a state of Celibacy had 3 shillings and 5 pence in the pound of the yearly Rent of all the Houses and Shops in his Parish Which afterwards was brought to 2 shillings 9 pence in the pound by an Act of Parliament under the Reign of Henry VIII and that confirmed by a subsequent Act. But since the Reformation this being lookt upon as too large an Allowance it has been so curtailed that 't will be hard to bring back that golden Age. 'T is true under the Reign of Charles II. a Regulation was made by Act of Parliament but it concerned only those Parishes whose Churches had been demolished by the dreadfull Fire And according to the several Extents of Parishes the Parsons thereof by virtue of that Act have a certain yearly Allowance none under 100 Pounds and none above 200 but most between one and two hundred Pounds The same to be raised in lieu of Tythe within the said respective Parishes by rating the Houses and Shops therein proportionably to their respective Rents As to those Parishes all over the City and Suburbs where there is besides the Parson a Lecturer he has his maintenance no otherwise than by a voluntary Contribution from the Parishioners As for the City of Westminster the Dean and Chapter are invested with all mander of Jurisdiction both Civil and Ecclesiastical not only within the City of Westminster but also in other Places of their Jurisdiction as the Precincts of S. Martin le Grand within the Walls of London and some Towns in Essex The Dean in particular has a Commission of Peace within the City and Liberties of Westminster The principal Officer in it called the High Steward of Westminster is usually one of the prime Nobility Under whom there is a Deputy Steward then the Bayliff and the two high Burgesses these chosen every Year Within the Precincts of Westminster but chiefly near the Court the Nobility and Gentry take up for the most part their Quarters But the proper Station of the Lawyers is in their Inns between the City and the Court and that of Merchants and Seamen in and about the East-end of the City Thus you have a short Description of the famous City of London the Metropolis of England the Seat of the British Empire the Epitome and Glory of this Kingdom A City which for Greatness Beauty Conveniencies Plenty of Provisions Commerce Riches and good Government is inferiour to none beyond Sea 'T is a Magazine of all sorts of Commodities necessary or expedient for the Use or Pleasure of Mankind The great Rendez-vous of the Nobility Gentry Courtiers Divines Lawyers Physicians Merchants Seamen of the best Artificers the most refined Wits and the greatest Beauties of the Land For a constant Supply of Provisions here are abundance of Markets the best furnished of any in Christendom but especially Leaden-Hall-Market near the Royal Exchange in the City the greatest Flesh-Market about the City and a great Magazine of Corn. So that there is scarce a great City in Europe where poor People or such as love a frugal Life may live cheaper or the splendid Liver gallanter To get a Livelyhood and raise himself in the World no Place like this by Mechanick or Liberal Arts by Merchandizing Offices Preferments c. For Conveniencies and Delight here all is at hand and scarce any Thing wanting that Money can purchase In point of Society here learned and unlearned high and low rich and poor good and bad may fit themselves any where And this I must needs say to the Praise of London that there is not a Place in Europe of such a vast Confluence of all sorts of People where Murders and Outrages so frequent in great and populous Cities beyond Sea are so seldom heard of Which argues a great deal of Wisdom in the Magistrate that so great a Body should be kept in so good Order William the Conquerour to prevent Disorders and Mischiefs in the Night commanded that in every Town and Village a Bell called Curfew-Bell a Corrupt Word from the French Couvre-feu should be rung every Night at 8 of the Clock and that all people should then put out their Fire and Candle This continued in his Reign and that of his next Successor William Rufus But Henry I. revoked
Pugnae est ubi Victus gaudet uterque Et tamen alteruter se superasse dolet For Men of other Studies Lindwood the Canonist Cosins and Cowel eminent in the Civil Laws Bracton Briton Dier and Coke as eminent for their Knowledge in the Laws of England Johannes de Sacro Bosco the Author of the Book of the Sphere Roger Bacon a noted Mathematician in the darker Times The Lord Bacon Viscount of S. Albans Sir Thomas More Lord Chancellour one of the Restorers of Learning to the Isle of Great Britain Sir Henry Savile of Eaton the Reviver of Chrysostom Sir Henry Spelman a learned Antiquary and a religious Assertor of the Churches Rights Cambden the Pausanias of the British Islands Matthew Paris Roger Hoveden Henry of Huntington William of Malmesbury Matthew of Westminster and Thomas of Walsingham all known Historians For Poetry Gower and Lydgate a Monk of Bury The famous Geosry Chaucer Brother in Law to John of Gaunt the great Duke of Lancaster Sir Philip Sidney and the Renowned Spencer Sam. Daniel and Michael Drayton That the Lucan and This the Ovid of the English Nation Beaumont and Fletcher not inferiour unto Terence and Plantus And lastly Ben. Johnson equal to any of the Ancients for the exactness of his Pen and the Decorum he kept in the Dramatick Poems never before observed on the English Theater CHAP. II. Of the English Names and of their Way of Computing CHristian Names says Cambden were first imposed for the Distinction of Persons Surnames for the Distinction of Families The first amongst the English are either Saxon as Edward Gilbert Henry Richard Walter William c. Or taken out of the Holy Writ as Abraham Jacob James Jsaac c. 'T is rare for the English to have two Christen Names together as they have in Germany But it is not unusual with them to christen Children by their Godfathers Surnames which is unpractised beyond Sea The Ancients took particular care to give their Children significative and good Names according to the Proverb Bonum Nomen Bonum Omen And the Pythagoreans affirmed the Minds Actions and Successes of Men to be according to their Fate Genius and Name In short such was Mens Superstition of old in this particular that they used a kind of Divination by Names called Onomantia which was condemned by the last General Council The Story of Augustus the Emperour is remarkable upon this Subject The Day before his Sea-fight at Actium the first Man he met was a poor Man driving his Ass before him Augustus demanded his Name and he answered Eutyches that is Happy-man then he asked his Asse's Name which proved to be Nicon that is Victor Augustus took it for a good Omen and having accordingly obtained the Victory there he built Nicopolis or the City of Victory and erected brazen Images of the Man and his Ass Alfonso IV. King of Castille had two Daughters by one of the Daughters of Henry II. King of England The Eldest Vrraca by Name was far surpassing her Sister Blanche in beauty Lewis VIII of France sent to Alfonso to demand one of the Daughters They were both presented to the Ambassadors Choice who inquiring of their Names preferred the Lady Blanche and made choice of her contrary to all expectation The Name of Vrraca though the more beautiful Lady proved unpleasing and that of the Lady Blanche signifying Fair and Beautiful carried it as a Name that would be more acceptable in France For my part though I am not so much a Pythagorean as to think a Mans Name should interpret his Fate yet I think it not amiss to name Children with Names of a happy signification as it was usual among the Primitive Christians were it but to stir them up to live according to their Names and not give themselves the lie As for the English Surnames they are generally Saxon some few Danish as Whitfeld and Wren The Whitfelds a very ancient Family came over with King Canute into England and their chief Brâ—nch is continued to this day in Northumberland with a good Estate In Q. Elizabeths Time there was a Whitfeld sent hither Embassadour from the King of Denmark But the Surnames now of best account in England are Local and so were many Names among the Romans Those you will find deduced from Places in Normandy or Countries adjacent being either the Patrimonial Possessions or native Places of such as served the Conqueror or came in after out of Normandy As Mortimer Albigny Percy Gournay Devereux Nevil Ferrers Montfort Courtney Cressy c. Or from Places in England and Scotland as Barkley Clifford Lumley Ratcliff Willoughby Douglas Some of which Local Names were formerly used with de prefixt but of late generally neglected or joyned to the Name as Darcy Devereux Others had at prefixed as At More At Wood At Down which has been removed from some and has been conjoyned to others as in these Atmore Atwood Atwells c. Many have also had their Names from Rivers as Trent Eden Swale Stoure From Trees near their Habitations as Oak Box Elder Beech. Some from their Situation in respect to adjoyning Places as North South East West according to the Greek Names Anatolius Zephyrius c. Others from several Parts of a House as Hall Parlour Cellar Lodge c. From Towns where they were born or from whence they came without being Lords or Possessors of them as Compton Egerton Or from several Denominations of Land and Water as Hill Wood Warren Field Ford Pool and Wells Among Foreiners several retained the Names of their Countries as Scot Picard Fleming French Lombard Poitevin German And these had commonly Le prefixt in Records and other Writings as Le Fleming Le Picard Next to these Local Names I shall take notice of those that have been assumed by some Families from Civil Honours and Dignities as King Duke Prince Lord Baron Knight and Squire probably because their Ancestors haâ—acted such Parts or were Kings of the Bean Christmas Lords c. Agreeable to which are the old Greek and Roman Names Archelaus Augustulus Regulus Basilius Caesarius Flaminius though they were neither Kings Caesars Dukes or Priests Others have been assumed from Offices as Chamberlain Steward Page Cook Spencer Gardener Butler Porter Foster Parker Faulconer Fowler Forester Woodward Clark Sergeant c. From Ecclesiastical Functions as Bishop Abbot Priest Monk Dean Deacon But most of all from Trades as Taylor Smith Potter Fisher Baker Chapman Spelman c. Some from Parts of the Body as Head Arm Leg Foot Others from Qualities of the Body good or bad as Greathead Whitehead Strong Armstrong Long Low Short Fair and Bell in the same sense Fairfax and Whitelock in the same sense Thin Heile or healthful c. No more to be disliked than these Roman Names Romulus and Nero which signify Strong Capito Pedâ— Labeo Naso Longus Longinus Minutius Crispus Calvus Gracchus Salustius Cocles and the like Not a few got their Names from the Colour of their Complexions
Winter-time Fewel with the Londoners The English Diet falls next under our Consideration which for the eating part does most consist in Flesh and chiefly in Butchers Meat For though they have great Plenty and Variety of Fish and Fowl Roots and Herbs yet they are most commonly used but as a Supplement or an Accessory to the Principal And therefore the English ever went amongst Strangers for the greatest Flesh-eaters Which is certainly the best and the most proper nourishment for this Country But whereas formerly the English used to eat three or Four Meals a Day the generality of them since the long Civil Wars in the Reign of Char. I. have used themselves to eat but one Meal a Day If then they eat plentifully and perhaps beyond the rate of other People who eat three or four times a Day it is no matter of amazement Some thing more than ordinary must be laid up in store to hold out 24 Hours There is the less Time lost in eating and the more saved for Business So that if other Nations live to eat the English may be said to eat only to live In short all things considered we may reckon the English who heretofore were perhaps not unjustly taxed of Gluttony and to be a People most given to their Bellies to be now one of the most sober Nations of Europe as to Eating Not but that in their Feastings both publick and private they are as great as any Nation Witness for publick ones the Feasts at Coronations at the Installation of the Knights of the Garter Consecration of Bishops Intertainments of Embassadors the Feasts of the Lord Mayor of London of Sergeants at Law and of Readers in the Inns of Court And yet as sumptuous and magnificent as they are in these Times they are not to compare to the wonderful Feastings of elder Times 'T is recorded says Dr. Chamberlain of Richard Earl of Cornwal Brother to Henry III that at his Marriage-Feast he had thirty thousand Dishes of Meat and that King Richard II spent daily at a Christmas 26 Oxen and 300 Sheep besides Fowl and all other Provision proportionably Anciently says Fortescue at a Call of Sergeants at Law each Sergeant spent 1600 Crowns in Feasting which in those Days was more than 1600 Pounds now But the Civil Wars aforesaid are not the only Thing which has brought the English to this Moderation of eating but one Meal a Day The frequent Use of Tobacco Tea and Coffee has had also a great hand in it And the Experience of making but slight Suppers or rather of turning Suppers into Beverages has proved so conducive to Health that few People in England make a set Supper Whereas beyond Sea 't is counted the principal Meal The Plainness of the English Diet is also very observable in point of Health Their usual Way is downright Boiled and Roasted without any Sophistication and 't is certainly the most agreeable to ones Health The French Kickshaws are meer Kitchin Sophistry invented more toplease a curious Palate than to satisfy a natural Appetite Their Cooks meer Legerdemains You take one thing for another the proper Taste of the Meat is gone and another by the virtue of Coquus Pocus is substituted Thus the Palate is gratified and the Stomack cheated 'T is true the dainty Frenchified Palates in England love this kind of Transmigration but those who are for Variety may find here pretty Knacks enough without running to France for it For Pastry no Nation excels the English but in Venison-Pasties they excel all Nations But if we go from the Kitchin to the Buttery here indeed the English Butler does outdo the French Cook in point of Variety Besides the Diversity of Wines from abroad from the East and from the South here we find Beer and Ale small and strong of both sorts and of the last twenty Species all noted for some peculiar quality most for their strength Nothing pleasanter than this to the Eye or to the Palate when skill and age has brought it to perfection but nothing more treacherous It goes down gently and palatably but as if it were too noble a Liquor for those lower Parts it presently flyes up to the Head and puts all there in a confusion So quick is the Operation of those strong sorts of Liquors upon too large a Dose that they run a Man out of his Senses before he can have an Interval of Mirth I speak of Men that are not so well used to those sorts of Liquors as the North Country Men are who know best how to deal with them But besides the Variety of Wines from abroad of Beer and Ale brewed at home here is drunk abundance of Sider Perry Mead Metheglin Mum and since the Plague French Brandy and Irish Usquebach two dangerous sorts of Drink when taken immoderately To conclude I wish I could say the English are as sober in point of Drinking as they are in their Eating But since Scaliger's Time they have in a great measure clubbed with the Germans their old Kinred in the Character he gives of these in one of his Epigrams Tres sunt Convivae Germanus Flander Anglus Dic quis edat meliùs quis meliùsve bibat Non comedis Germane bibis tu non bibis Angle Sed comedis comedis Flandre bibisque bene In English thus Dutch Flemings English are your only Guests Say which of all do's eat or drink it best Th' English love most to eat the Dutch to swill Only the Fleming eats and drinks his fill Thus was it in Scaliger's time with the English Nation But now the Case is altered so far at least as concerns the English who are at this time less Eaters but more addicted to Drinking than formerly and yet not to that excess neither generally as the Germans are The Use of Coffee and Tea two sober Liquours now so prevalent in England do's take off people considerably from drinking of strong Liquours And were it but for that the Coffee-houses ought to be kept up and incouraged Now Coffee is made with the berries of a Tree that grows in the Levant and Tea with the leaves of an India Plant both hot and dry and therefore very proper for Phlegmatick people And whereas strong Liquours are apt to disorder the Brain these on the contrary do settle and compose it Which makes it so much used by Men of Learning and Business who know best the virtue of ' em As for Tobacco the Use whereof is indeed more universal 't is a Remedy for phlegmatick people and consequently not amiss in this Country T is a Companion in Solitude an Amusement in Company an innocent Diversion to Melancholy and a Help to Fancy in private Studies and Meditations I come now to the English Wearing Apparel wherein this Nation has shewed in former Ages much Pride and Levity So foolish and extravagant they were so superfluous and obscene that divers Statutes were made against that Excess even before the Reformation Then an English-man
of the Kings of England when all Christendom in the Council of Constance was divided into Nations the English was one of the Principal and not Subaltern having its Voice of equal ballance with the Nations of France or Italy In those General Councils the Emperor of Germany was counted Major Filius Ecclesiae the King of France Minor Filius and the King of England Filius tertius adoptivus Whereas with submission methinks it had been more proper especially in such Assemblies to look upon the King of England as Primogenitus Ecclesiae the Eldest Son of the Church out of respect to the British King Lucius who as I said before was the first King in the World that imbraced Christianity In those Councils the King of France had place next the Emperour on his right hand the King of England next on his left hand and the King of Scotland next before Castille However the King of England acknowledges no Precedence to any Monarch but only to the Emperour and that upon the Score of Antiquity For the Crown of England is free and independent and therefore has been declared in Parliaments long since to be an Imperial Crown CHAP. VIII Of the Solemn Proclamation and Coronation of the King of England THE Kings of England are both Proclaimed and Crowned with so much Solemnity that it won't be improper to describe the Manner of it it being a Solemnity not at all disagreeable to the Design of this Work I begin with the Proclamation which is the first Step to the Crown And being we are upon the New State of England I shall describe the Manner how the present King William and Queen Mary were Proclaimed at Whitehall-Gate within Temple-Bar in Cheap-sideâ— and the Royal Exchange Which happened oâ— the 13th of Febr. Anno 1688 9. The Lords and Commons being then Assembled at Westminster came to the Banquetting-House where they presented the Princâ— and Princess of Orange the Instrument in Writing agreed upon for Declaring Their Highnesse KING and QUEEN of England France and Ireland with all the Dominions and Teâ—tories thereunto belonging and received Their Consent thereto About 11 of the Clock the said Lords and Commons came down to Whitehall Gate preceded by the Speakers of their respective Housâ—â— viz. the Marquess of Hallifax Speaker 〈…〉 Lords and Henry Powle Esq Speaker of 〈…〉 mons each of them attended by a 〈…〉 Arms in order to see Their Majesties 〈…〉 Being come down to the Gate there they found the Heralds of Arms the Sergeants at Arms the Trumpets and other Officers all in readiness being assembled by Order from the Duke of Norfolk Earl Marshal of England And Sr. Thomas S. George Knight Garter Principal King of Arms having received a Proclamation in Writing with an Order from the Lords House to the King's Heralds and Pursuivants of Arms for Publishing or Proclaiming the same forthwith the Persons concerned disposed themselves in Order before the Court-Gate for making the said Proclamation The Trumpets having sounded a Call three several times the last of which was answered by a great Shout of the vast Multitudes of People there assembled the Noise ceasing the said Garter King of Arms read the' Proclaimation by short Sentences or Periods Which was thereupon proclaimed aloud by Robert Devenish Esq York Herald being the Senior Herald in these Words VVHEREAS it has pleased Almighty God in his great Mercy to this Kingdom to vouchsafe as a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next unto God to the Resolution and Conduct of His Highness the Prince of Orange whom God has chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of her Highness the Princess of Orange whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon the Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and presented the same to the said Prince and Princess of Orange and therein desired Them to Accept the Crown who have Accepted the same accordingly We therefore the Lords Spiritual and Temporal and Commons Together with the Lord Mayor and Citizens of London and others of the Commons of this Realm Do with a full Consent Publish and Proclaim according to the said Declaration William and Mary Prince and Princess of Orange to be KING and QVEEN of England France and Ireland with all the Dominions and Territories thereunto belonging Who are accordingly so to be owned deemed accepted and taken by all the People of the aforesaid Realms and Dominions who are henceforward bound to acknowledge and pay unto Theâ— all Faith and true Allegiance Beseeching God by whom Kings Reign to bless KING WILLIAM and QVEEN MARY with long and happy Years to Reign over us God save King William and Queen Mary Jo. Brown Cleric Parliamentorum Which being ended and the Trumpeâ— sounding a Flourish was answered by several repeated Shouts of the People And Direction being given to proclaim the same with in Temple-Bar in Cheap-side and at the Royal-Exchange the Proceeding marched in this manner I. The several Beadles of the Liberties of Westminister II. The Constables of the said Liberties all on foot with the high-Constable on horseback III. The Head-Bayliff of Westminster and his Men all on horseback with white Staves to clear the Way IV. A Class of Trumpets nine in all on horse-back the six first riding two and two and the three last together Followed by the Sergeant-Trumpeter carrying his Mace on the Shoulder V. A Pursuivant of Arms single a Pursui â—ant and a Sergeant at Arms and next an â—ther Pursuivant and 〈◊〉 Sergeant at Arms. The Pursuivants in â—heir rich Coats of the â—oyal Arms and each â—f the Sergeants carryâ—â—g his Mace on his Shoulder all of them on horse-back VI. Four Heralds of Arms one after another each with a Sergeant at Arms on his left hand carrying his Mace on the Shoulder and the Heralds being all in their rich Coats of the Royal Arms. VII Garter King of Arms in his rich Coat of Arms carrying the Proclamation Accompany'd with Sr. Tho. Duppa Kt. Gentleman Vsher of the Black Rod in his Crimson Mantle of the Order of the Garter and his Black Rod of Office likewise on Horseback VIII The Speaker of the House of Lords in his Coach Attended by Sr. Roger Harsnet eldest Sergeant at Arms with his Mace IX The Speaker of the House of Commons in his Coach Attended by John Topham Esq Sergeant at Arms to the said House with his Mace X. The Duke of Norfolk Earl Marshal and Primier Duke of England in his Coachâ— with his Marshal's Staff in his hand XI The Peers in order in their Coaches XII The Members of the House of Commons in their Coaches In this Order they proceeded towards Temple-Bar And being come as far as the May-pole in the Strand two
of the Officers of Arms with a Sergeant at Arms and two Trumpets went before to Temple-Bar where the Lord Mayor Aldermen and Sheriffs were by this time arrived and had ordered the Gates to be shut The Herald at Arms knocked thereat and the Sheriffs being come to the Gate on Horse-back he acquainted them That he came by Order of the Lords Spiritual and Temporal assembled at Westminster to demand Entrance into that famous City for the Proclaiming of WILLIAM and MART King and Queen of England France and Ireland and the Dominions and Territories thereunto belonging and therefore required their speedy Answer Whereupon the said Sheriffs ordered the Gates to be opened Thus the Head-Bayliff Constables and Beadles of Westminster being left without the Bar the rest of the Proceeding entered Where they found the Lord Mayor Aldermen Recorder and Sheriffs all in their Formalities and on Horse-back Except the Lorâ— Mayor who was in his Coach attended by the Sword-bearer and other of his Officers The Proceeding being there joyfully received they made a Stand between the two Temple-Gates and Proclaimed Their Majesties a second time From whence they marched towards Cheapside a Class of the City-Trumpets and the Lord Mayor's Livery-men leading the Way the said Aldermen and Lord Mayor falling into the Proceeding And near Wood-street end the Place where Cheap-side Cross formerly stood they made another stand and Proclaimed Their Majesties a third time At last arriving at the Royal Exchange about two of the Clock they Proclaimed Them a fourth time Each Proclamation was ecchoed with universal Acclamations of Joy by the Multitudes of people which crowded the Streets Windows and Balconies the Streets all the way from Temple-Bar to the Royal Exchange being lined with four Regiments of the City Militia And the Night was concluded with Bonfires Ringing of Bells and all other Expressions of Duty and Affection towards Their Majesties King WILLIAM and Queen MARY with hearty Wishes for Their long and happy Reign Their Coronation was performed at Westminster in Manner following Apr. 11th 1689. Their Majesties being come about Noon from Whitehall to the Palace at Westminster where the Nobility and others who were to go into the Proceeding were assembled came down in State from the House of Lords to Westminster-Hall then fitted up for this great Solemnity Where being seated on the Throne the Sword of State the Curtana or pointless Sword being an Emblem of Mercy and the two pointed Swords together with the gold Spurs were presented to Their Majesties and laid on a Table before Them Then the Dean and Prebends of Westminster having before brought the Crowns and other Regalia in solemn Procession from the Collegiate Church there came up the Hall and presented them severally to Their Majesties Which being likewise laid on the Table were together with the four Swords and Spurs delivered to the Lords appointed to carry them in the Procession which was thus First marched The Drums and Trumpets The Six Clerks in Chancery two abreast as the rest of the Proceeding went Chaplains having Dignities The Aldermen of London Masters in Chancery Sollicitor and Attorney General Gentlemen of the Privy Chamber Judges Then the Children of Westminster and of the King's Chappel The Choir of Westminster Gentlemen of the Chappel Prebend of Westminster Master of the Jewel-House Privy Counsellors not Peers Two Pursuivants The Baronesses Barons Bishops A Pursuivant A Vicountess The Vicounts Two Heralds The Dutchesses The Dukes Two Kings of Arms. The Lord Privy Seal Lord President of the Council Arch-bishop of York The Prince of Denmark Two Persons in Robes of State representing the Dukes of Aquitain and Normandy Next the Lords who bore Their Majesties Regalia with the Sergeants at Arms going on each side of them Viz. The Earl of Manchester carrying S. Edward's Staff and the Lord Grey of Ruthen now Vicount of Longueville the Spurs The Earl of Clare carrying the Queen's Scepter with the Cross and the Earl of Northampton the King's The Earls of Shrewsbury Derby and Pembroke the three Swords Then Garter King Arms between the Vsher of the Black Rod and the Lord Mayor of London The Lord Great Chamberlain single The Earl of Oxford with the Sword of State between the Duke of Norfolk Earl Marshal and the Duke of Ormond Lord High Constable for that Day Next the Earl of Bedford with the Queen's Scepter of the Dove and the Earl of Rutland with the Kings The Duke of Bolton with the Queens Orb and the Duke of Grafton with the Kings The Duke of Somerset with the Queen's Crown and the Earl of Devonshire Lord Steward of the King's Houshold and Lord High Steward of England for that Day with the King's Crown The Bishop of London with the Bible between the Bishop of S. Asaph with the Paten and the Bishop of Rochester with the Chalice The KING and QUEEN followed next under a rich Canopy born by Sixteen Barons of the Cinque-Ports the King assisted by the â—ishop of Winchester and the Queen by the Bishop of Bristol Both Their Majesties array'd in Royal Robes of Crimson Velvet furred with Ermine the King with a Velvet Cap and the Queen with a gold Circlet on her head His Majesties Train born by the Master of the Robes assisted by the Lords Eland Willoughby Lansdowne and Dunblain and Her Majesties by the Dutchess of Somerset assisted by the Ladies Eliz. Pawlet Diana Vere Eliz. Cavendish and Henrietta Hyde The Gentlemen Pensioners marched on each side of the Canopy Next to the King followed a Gentleman and two Grooms of the Bed-Chamber And after the Queen a Lady of the Bed-Chamber and two of Her Majesties Women Who were followed by the Captain of His Majesties Gard between the Captain of the Yeomen of the Gard and the Captain of the Band of Pensioners And these by the Officers and Band of the Yeomen of the Gard who closed the Proceeding Thus Their Majesties with all the Nobility in Crimson-Velvet Robes and their Coronets in their hands and the rest of the Proceeding being richly habited or wearing their proper and peculiar Robes proceeded on foot upon blue Cloth spread from the Steps of the Throne in Westminster-Hall to the Steps of the Theater in the Quire of the Collegiate Church of S. Peter Westminster The whole Passage was Railed in and Garded with Their Majesties Horse and Foot-Gards all the Way and Houses on each side being Crowded with vast Number of Spectators expressing their great Joy and Satisfaction by loud repeated Acclamations Being entred the Church and the Nobility and others all duly placed Their Majesties ascended the Theater Who being seated in their Chairs of State the Bishop of London who performed this great Solemnity began with the Recognition which ended with a mighty Shout Then Their Majesties Offered and the Lords who bore the Regalia presented them at the Altar where they were deposited After that the Litany was sung by two Bishops And after the Epistle Gospel and Nicene Creed the Bishop
High Admiral of England an Office held by Patent and of so great a Trust that it has usually been given to Princes of the Royal Bloud For the Lord High Admiral is Intrusted with no less than the Management of all Maritime Affairs with the Government of the King's Navy with Power of Decision in all Causes Maritime aswell Civil as Criminal of all Things done upon or beyond the Sea in any Part of the World in all Ports and Havens upon the Sea-Coasts and all Rivers below the first Bridge next towards the Sea In short the Admiralty being in a manner a separate Kingdom from the rest the Lord High Admiral may be reputed at least the Viceroy thereof A Multitude of Officers high and low are under him both at Sea and Land some of a Military others of a Civil Capacity some Judicial others Ministerial And under him is held the High Court of Admiralty the Places and Offices whereof are in his Gift The last High Admiral of England was the late King when Duke of York For since he came to the Crown the Office was executed by Seven Lords Commissioners as it is to this day CHAP. XIII Of Their present Majesties King WILLIAM and Queen MARY With a brief Account of Their Accession to the Crown KING WILLIAM our present Monarch is the only Issue of the late Illustrious Prince William of Nassaw Prince of Orange and of the Deceased Princess Royal Mary eldest Daughter to King Charles I who was wedded to the foresaid Prince in the Year 1641. His Majesty was born in Holland Nov. 4th 1650 ten days after his Fathers Death and was Christened by the Names of William Henry William being his Fathers Name and Henry his Grandfathers The House of Nassaw is an Ancient and most Illustrious Family so called from Nassaw a Town and County in Weteravia a Province of Germany That Branch of it from whence the King is descended had their usual Seat at Dillenburg not far from Nassaw before they settled in the Low-Countries whence for Distinctions sake they were named the Earls of Nassaw of the House of Dillenburg Otho of Nassaw who died Anno 1190 was the Founder of the present Family of the Princes of Orange out of which descended Adolph Earl of Nassaw who was chosen Emperour in the Year 1292. By the Marriage of Engelbert the seventh Earl of this House with Mary Daughter and Heir of Philip Lord of Breda in Brabant that Town and Barony with many other fair Estates in the Netherlands was added to the Family And by the Marriage of Henry the tenth Earl of Nassaw Anno 1515. with Claude of Chalons Sister and Heir of Philibert Prince of Orange this Principality bordering upon Provence and Dauphene within the Dominions of France accrued to the Family So much the worse for having so ill an Neighbour as the present French King who has long since rapaciously seized upon it but left however what he could not take away the King 's just Title to it In short our Gracious King William is the 18th Earl of Nassaw beginning with Otho aforesaid and the 7th Prince of Orange of his Family beginning with Rene of Nassaw Son of Henry and Claude who succeeded Philibert his Uncle in the Principality of Orange A Family as much honoured for the personal Merit of the Princes of it as any other in Europe and to which the States of Holland ow the Liberty and Greatness they injoy All the World knows how great a Patron and Assertor of the Belgick Liberties against the Spaniard was the most noble and generous Prince William of Nassaw one of his Majestieâ— Ancestors And to pass by the generous Exploits of his noble Successors till the present King William 't is well known what his Majestly has done to rescue not only his Native Country but the best Part of Europe from its Oppressors It has been of late Years both at home and abroad the Maxim of some Princes to outvy each other in preying upon and destroying not only their Neighbours but their own Protestant Subjects by all Methods of Perfidiousness and Cruelty To establish or maintain their Tyranny they went about to introduce a general Ignorance For where Subjects part with their Reason 't is easy for them to part with their Liberty witness those miserable Inslaved Countries where Popery domineers On the contrary the House of Orange has always appeared against that ravenous and inhumane Principle And as if Providence had appointed them for a Check to Tyranny God has been pleased accordingly to bless their just Indeavours Never the Liberty of England and the Protestant Interest in general lay more at stake than it did in the late Reign 'T is plain there was a general Design to extirpate Herely in a Popish Sense and to inslave all Europe The Plot was laid in the Reign of blessed King Charles who with a shew of Proteslantism made the Way smooth for Popery At last when all Things were finely prepared to the hand of his next Heir King Charles go's off the Stage and his Brother to play the last Act enters and ascends the Throne No Prince more Courteous more Obliging or more Promising at first than He was to his new Subjects The Church of England Triumphed in his Exaltation and Addressed Him from all Parts of the Kingdom as their Tutelaâ— Angel The People in general look'd upon him as an Incomparable Hero who would quickly make it his Business to pull down the Hector of France and to carry the Glory of England beyond all his Predecessors In short so great were the Hopes of this King that Edward III and Henry V the most glorious Monarchs of England were upon his Account to be hissed out of our English Chronicles No body dreamed of a Popish Catechism to be the first step to this Glory nor of an Army to be raised for the defence of it Under whose shelter besides a secret League with France the Prerogative began presently to swell above its Banks the Laws to be Overwhelmed the Liberty and Property of the Subject Invaded the Church of England Crushed that had raised the King to the Throne Popery crowing over all the Nation and to crown all their Hopes presto a Prince of Wales In short to speak in terms of War the Miner was fix'd and we must either Surrender or be Stormed This was our Condition when the Prince of Orange our present King undertook our Deliverance and effected it under God in a miraculous manner Upon whose Approach our Mass-Hero fled left us to shift for our selves and the Popish Party to the mercy of the Rabble This hapned Dec. 11th 1688 a fatal Year in this and the foregoing Age to Popery iâ— England In that state of Anarchy what could the Nation do less than provide for a Settlement under the gracious Influences of the Prince Which was accordingly done in as regular 〈◊〉 Way as the present state of Affairs would â—ow King James having thus deserted the
Goâ—ernment nine and twenty of the Lords Spiâ—â—al and Temporal such as â—â—â—ned to be at â—t time in and about the Cities of London â—d Westminster immediately assembled at â—ildhall Where they unanimously Reâ—â—ved to apply themselves to His Highness 〈◊〉 Prince of Orange and to assist Him â—â—th their utmost Endeavours in the obâ—â—ing with all speed such a free Parliament 〈◊〉 the security of our Laws Liberties and â—operties as thereby the Church of England 〈◊〉 particular with a due Liberty to Proteâ—â—nt Dissenters and in general the Protestant â—eligion and Interest over the whole World â—ight be supported and incouraged to the â—lory of God the Happiness of these Kingâ—oms and the Advantage of all Princes and â—ates in Christendom Whereof they made publick Declaration signed by every one of 〈◊〉 Lords amongst which the Earl of Pemâ—ke the Lord Viscount Weymouth the Bishop 〈◊〉 Ely and the Lord Culpeper were chosen to â—tend forthwith His Highness with the said â—eclaration and at the same time acquaint 〈◊〉 with what they had further done at that â—eeting Few days after this the Lord Mayor Alderâ—en and Commons of the City of London in â—mmon Council Assembled made an humble â—ddress to the Prince wherein they returned 〈◊〉 Highness their Thanks for his glorious Unâ—rtaking to rescue these Kingdoms from Poâ—ry and Slavery look'd upon him as their Reâ—â—e implored his Protection and humbly beâ—ght Him to repair to this City where he should be received with Universal Joy and Sâ—tisfaction The Prince was then at Henley where he râ—ceived the Addressers in the most obliging maâ—ner with Aâ—â—rances of his Protection aâ— of his Readiness to comply with their Dâ—fires In the mean time King James was unhappiâ— taken in a Disguise at Feversham in Kent as 〈◊〉 was going for France Where being soon Dâ— covered he was at last prevailed upon to Return so that his Guards and Coach being seâ— for Him he came back to Whitehall Sundâ—â— Dec. 16 and reassumed the Government Whilâ— King James came up to London from the South the Prince made his Way thither from tâ—â— West in hopes that his Majesty would come 〈◊〉 an amicable and equitable Accommodation by referring all Grievances to a free Parlâ—â—ment But the King not being able to bear the hâ—â— of a Free Parliament after so many notoriâ—â— Violations of the Laws of the Realm grew foâ— uneasy at Whitehall and his Heart beat agâ— for France as his only Place of Refuge 〈◊〉 Rochester he goes from whence few Days â—â—ter he privately Withdrew himself the secâ—â— time but with more success than the 〈◊〉 For he got clear to France where the Quâ—â— and the supposed Prince of Wales had soâ— time before taken Sanctuary Mean while the Prince of Orange was 〈◊〉 to St. James's Dec. 19th where his Highâ—â— received the Compliments of all the Nobiâ—â— and other Persons of the chiefest quality Town and at Night the Streets were 〈◊〉 with Bonfires with Ringing of Bells and ther publick Demonstrations of Joy Then the Scene of Affairs was so very much â—ered that nothing but a new Settlement â—â—uld Resettle us In order to which a great Assembly of Lords and Commons Members of â—rmer Parliaments besides the Lord Mayor â—ldermen and Common Council of the City of London was held at Westminster to consult â—hat was fit to be done Who after some Deâ—â—tes upon the present Juncture came to this resolve that his Highness the Prince of Oâ—â—nge should be humbly Intreated to Summon 〈◊〉 Convention of Lords and Commons by his Cirâ—ular Letters these to be chosen by the People in a Parliamentary Way to meet at Westminster on â—he 22th of January following And that His sighness in the mean time would be pleased â—o take upon Him the Administration of pubâ—ick Affairs both Civil and Military and the disposal of the publick Revenue Which was â—one accordingly The Convention being met at the Time â—ppointed the House of Commons broke the 〈◊〉 Voted the Abdication of the Governâ—ent by King James and the Vacancy of the â—â—rone that is in short a Dissolution of the whole Frame of Government The House of Lords being divided as to the Word Abdicate â—â—d several Conferences about it with the Comâ—ons till at last their Lordships Concurred with them by Plurality of Votes Which hapâ—ed on the 6th of Febr the same Day upon which King James had ascended the Throne The Government being thus declared in a â—ate of Dissolution and the Throne Vacant â—he next Business was to Resettle the first by â—lling up the last It was then in their power 〈◊〉 bestow the Crown upon whom they pleased 〈◊〉 after several Debates the Two Houses at last fully agreed upon a joynt Declaration concerning the Misgovernment of King James the Offer of the Crown to the Prince and Prince of Orange the Abrogation of the Oaths of Allegiance and Supremacy and the new Oaths tâ— be taken instead of them All this was done by the 12th of February upon which Day Her Royal Highness the Princess of Orange arrived at Whitehall about twâ— in the Afternoon the welcome News whereoâ— was received with universal Demonstrations oâ— Joy The next Day Febr. 13th both Houses being Assembled at Westminster came to thâ— Banqueting House where they presented tâ— the Prince and Princess of Orange the Instrument in Writing agreed upon for Declarinâ— Their Highnesses KING and QUEEN oâ— England France and Ireland with all the Dominions and Territories thereunto belonging and received Their Consent Whereupon Their Majesties were immediately Proclaimed in thaâ— solemn Manner as I have already described iâ— the Seventh Chapter And thus was accomplished the Curse of King James J a Prince whose Learned Pen baffleâ— all the Conclave which he solemnly pronounced on any of his Posterity that should turn Papists I am heartily sorry that it should fall 〈◊〉 heavy upon the late King but it is better so than that three Kingdoms should perish And yet had he kept within some reasonable Bounds and his Religion to himself withouâ— his open Violations of the Laws as it were iâ— defiance 't is very likely the Nation would haâ—â— been upon his account very indulgent to thâ— Roman Catholick Party They might have gâ— by this means some legal Toleration which 〈◊〉 the space of few Years would have Incouraâ—â—d and Strengthned their Party here consideâ—bly So quick of growth are the Roman â—atholicks where they find Incourageâ—ent Therefore the very Court of France did oâ—enly declare his Errors to the World and â—ssed this Verdict upon him That his whole â—onduct had been very little Judicious The â—mperour on the other side in his Letter to â—ing James from Vienna Apr. 9. 1689 could â—â—t forbear amongst his tender condoling â—xpressions to tell him the Cause of his â—in But King James would never be advised to Moderation and no Counsellors were welcome 〈◊〉 him but such as prompted him to Vioâ—nce The Issue whereof proved accordingly â—ll Covet all Lose I conclude with a Character of Their
Date The Pay of each Captain is 20 shill a Day of a Lieutenant 15 of a Cornet 14 of a Guidon 12 of each Exempt 12 of a Brigadier 10 of an Adjutant and Sub-Brigadier twelve pence above the Pay of a private Trooper The Chaplain's Pay is 6 shill 8 Pence a Day the Surgeon's 6 shill and two more for his Chest-Horse the Trumpeter's and Kettle-Drumâ—er's 5 shill According to the Muster-Roll the Chaplain 〈◊〉 listed next to the Guidon and the Surgeon â—ext to the Chaplain Next to the Surgeon he Exempts and Brigadiers then the Audjment and Sub-Brigadiers To each Troop of the Horse Gards there haâ— been added few Years since a Company of Horse-Granadiers Which consists of 60 Men besides Officers all under the Command of the Captain of the Troop of Gards to whom they belong And their Pay is 2 shill 6 pence a Day Their proper Commanders are 2 Lieutenants 2 Sergeants and 2 Corporals the Pay of a Lieucenant being 8 shill a Day of a Sergeanâ— 4 and of a Corporal 3. In each Troop of Granadiers there is 4 Hâ—boys and 2 Drummers their Pay being each a shill 6 pence a Day Next to the four Troops of Horse-Gards there is a Regiment of Horse commonly called the Oxford Regiment because Commanded by the Earl of Oxford It consists of Nine Troops of 50 Men in each Troop And the Colonâ— hereof has Precedencys next to the Captains oâ— the Gards before all other Colonels of Horse whatsoever Change may be of the Colonel and all the Officers thereof In every Troop of this Regiment there is besides the Captain but one Lieutenant a Cornet a Quarter-Master two Corporals and two Trunpeters A Captain 's Pay is 14 sh a Day a Lieutenants 10 a Cornet's 9 a Quarter-Master's 6â— a Corporals 3 and each Trumpeter's 2 sh 8 p. Thâ— Troopers have but 2 shill 6 pence each Lastly there are three Regiments of Foot-Garâ— two English and one Dutch the first and 〈◊〉 consisting of above 2000 Men each divided iâ— 4 Battalions each Battalion into seven Coâ—â—nies of 80 Men each besides Ossicers Whereas the second Regiment consists only of â—3 Companies which make up 1000 Men. The Colonel's Pay as Colonel is 12 sh a Day the Lieut. Colonel's as such 7 shill the Major's as Major 5 the Adjutant's 5 a Captain 's 8 a Lieutenant's 4 an Ensign's 3 〈◊〉 Sergeant's 1 sh 6 pence a Corporal 's and Drummer's 1 sh a common Souldier's 10 pence â—nd out of London but 8. To each Battalion of the foresaid Regiments â—elongs a Company of Foot Granadiers of 80 â—en each and the Dutch Regiment has beâ—â—des a Company of Cadets or young French Gentlemen So much for the Civil and Military Part of â—heir Majesties Court which concerns the â—ody I come now to the Ecclesiastick Part â—hich properly do's regard the Soul and â—heir future Happiness In order to which there is a Royal Chappel besides the Kings Closet or private Oratory â—r God's Servico and Worship Where Prayers â—e read thrice a Day two Sermons preached very Sunday besides other particular Times â—e Communion administred every first Sunday 〈◊〉 the Month throughout the Year besides â—e great Festivals and all Things performed â—th great Decency and Order For the doing whereof there is first a â—an of the Royal Chappel who is usually some â—ave learned Prelate chosen by the King and â—o as Dean owns no Superiour but the â—ng For as the Royal Pallace is exempt â—m all inferiour Temporal Jurisdiction so is 〈◊〉 Chappel from all Spiritual 'T is a Regal Peculiar reserved to the Kings Visitation and immediate Government who is Supreme Ordinary and as it were Prime Bishop over all the Churches and Bishops of England Under the Dean there is a Sub-Dean or Pracentor Capellae and next to him 12 Priests Whereof ones peculiar Office is to read the first Morning Prayers to the Kings Houshold to visit the Sick to examine and prepare Communicants and to do all other Duties-proper for his Station Next to the Priests there are 20 Gentlemen commonly called the Gentlemen or Clerks of the Chappel who with the aforesaid Priests perform in the Chappel the Office of Divine Service in Praying Singing c. And three of these are chosen to be Organists To whom upon Sundays and Holy-Days is joyned a Consort of the Kings Musick Moreover for the Service of the Chappel there are 12 Children in Ordinary who make up the Musical Choir These are instructed in the Rules and Art of Musick by one of the ablest Clerks who is allowed considerably for their Board and his Teaching Here are also attending the Chappel four Officers called Vergers from the Silver Rods which they carry in their Hands The chief whereof is called a Sergeant the next two Yeâ—men and the fourth Groom of the Chappel For the Preaching part the King has no less than 48 Chaplains in Ordinary who are usually eminent Doctors in Divinity and most Deans or Prebends These are under the particular Charge and Direction of the Lord Chamberlain who appoints them the Time for their Service at Court being to wait four of them together Monthly But besides those 48 there are always Supernumeraries some whereof wait by appointment in lieu of those who by reason of Sickness or otherwise can't give their attendance And as Lent is a particular Time of the Year for Devotion tho it is not observed in England with that Strictness and Superstition as it is in the Roman States so the Royal Chappel shews an excellent Example at that time especially to all other Churches and Chappels of England In order to which the Lord Chamberlain some time before Lent do's appoint the Lent-Preachers and causes a List of them to be printed with their respective Times for Preaching during Lent Then the Sermon-Days are Wednesdays Fridays and Sundays Weekly The first Wednesday being Ash-Wednesday is fixt for the Dean of the Chappel to preach before the King and the Friday after for the Dean of S. Paul's Each Wednesday after one of the Kings Chaplains is appointed to preach every Friday the Dean of some Cathedral or Collegiate Church and on Good Friday the Dean of Westminster Every Sunday a Bishop on Palm-Sunday an Arch-Bishop and Easter-Day the Lord Almoner Upon Christmas Easter and Whitsunday the King and. Queen do usually receive the Holy Sacrament only with some of the Royal Family and two or three of the principal Bishops Those are three Days of twelve in the Year on which Their Majesties attended with the principal Nobility adorned with their Collaâ—s of the Garter together with some of the Heralds in their rich Coats make in a grave sodemn manner their Offering of Gold at the Altar which by the Dean of the Chappel is distributed afterwards among the Poor The same is a Sum of Gold to this day called the Besant or the Bizantine from Bizantium the old Name of Constantinople where the piece of Gold was coined which anciently was Offered by
in Trial of Heresy which toucheth a Mans Life If a Clergy-man Kills his Bishops or Ordinary the Law looks upon it as a Parricide and 't is Petty-Treason by Law Every Bishop may by Statute Law qualify six Chaplains which is as many as a Duke But if the Bishops Priviledges be so great the Archbishops are much greater especially his Grace of Canterbury's Who is the first Peer of the Realm and next to the Royal Family precedes not only all Dukes but all the great Officers of the Crown Though he holds his Place from the King yet in the King's Writs to him he is stiled Dei Gratia Archiepiscopo Cantuariensi and whereas other Bishops write Divina Permissione he writes himself Divina Providentia When he is Invested in the Archbishoprick he is said to be Inthroned It belongs properly to him to Crown the King and he had formerly the Power of appointing the Lent Preachers which is now in the Lord High Chamberlain The Bishop of London is accounted his Pravincial Dean the Bishop of Winchester his Chancellour and the Bishop of Rochester his Chaplain He has the Probate of all Wills in his Province and the Power of granting Letters of Administration where the Party at the time of his Death had 5 l. worth or above out of the Diocese wherein he died or 10 l. within the Diocese of London For all such as die Intestate within his Province he has Power to make Wills and to administer their Goods to the Kindred or to pious uses according to his Discretion In all Cases heretofore sued for in the Court of Rome he has Power to grant Licences and Dispensations either by himself or his Deputy called the Master of Faculties Provided the same be not repugnant to the Law of God or the King's 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 a Beneficed Clerk upon some Occasions to be Non-resident for some time a Clerk rightly qualified to hold two Benefices with Cure of Souls and a Lay-man to hold a Prebend c. whilst by Study he is preparing himself for the service of the Church He may also bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation of a new Bishop And the new-created Bishop is also to provide a sufficient Benefice for one of the Archbishops Chaplains or to maintain him till it be effected He has the Prerogative with two other Bishops to Consecrate a new made Bishop to appoint Coadjutors to infirm Bishops to confirm the Election of Bishops within his Province to call Provincial Synods according to the King 's Writ directed to him to be Moderator in the Synods or Convocations and there to give his Suffrage last of all 'T is both his Power and Duty to Visit the whole Province and during the Vacancy of any Bishoprick within the same to appoint a Guardian of the Spiritualities So that to him belong all the Episcopal Rights and Ecclesiastical Jurisdictions of the Diocese as Visitations Institutions c. To decide all Differences in Ecclesiastical Matters he holds several Courts of Judicature for which I refer you to my Third Part. Lastly he may retain and qualify 8 Chaplains which is two more than any Duke is allowed The Archbishop of York has also the Precedence of all Dukes that are not of the Royal Bloud and of all great Officers of State except only the Lord Chancellour He is also stiled Primate of England and Metropolitan of his Province and has many of those Prerogatives and Priviledges which the Archbishop of Canterbury has within his own Province Each of the Archbishops is honoured as Dukes are with the Title of His Grace And whereas the Inferiour Bishops are stiled Right Reverend the Archbishops are in a Superlative manner stiled Most Reverend As to the Revenues of the English Bishops the best Bishopricks are those of Canterbury Durham and Winchester which yield a plentiful Income Amongst the rest some have but a Competency and others are not much better some worse than many Parsonages And yet I must say this to the eternal Praise of the Episcopal Order that they have done great Things for the Publick out of their Revenues For most of the great publick Works now â—â—maining in England acknowledge their Being eather to the sole Cost and Charge or to the liberal Contributions of Bishops I mean not only Pallaces and Castles but Churches Colledges Schools Hospitals Alms-houses a great Number whereof have been founded and built by Bishops Nay that famous and chargeable Structure of London-Bridge stands to this day obliged to the liberal Contributions of an Archbishop In former Reigns when the Clergy were judged to be the fittest Persons to execute most of the chief Offices and Places of the Realm such Benefits and Advantages accrued thereby to this Kingdom that there are few Things of any great Consequence to the Welfare thereof but the Bishops and Prelates were the chief Actors therein The excellent Laws says an Author made by several of the Saxon Kings from whom we have our Common Laws and our Priviledges mentioned in Magna Charta were all made by the Persuasions and Advice of Bishops named in our Histories And 't was a Bishop of London at whose Request William the Conqueror granted to this City so large Priviledges that in a grateful Remembrance thereof the Lord Mayor and Aldermen did before the late dreadful Fire upon some solemn Days of their Resort to S. Paul's Church use to go in Procession about the Grave-stone where that Bishop lay interred The Union of the two Houses of York and Lancaster whereby a long and cruel Civil War was ended was by the Advice and Counsel of Bishop Morton then a Privy Counsellour And the happy Union of England and Scotland was brought to pass by the long Foresight of the Reverend Bishop Fox a Privy Counsellour in advising Henry VII to match his eldest Daughter to Scotland and his Younger to France But above all the Converting England to Christianity the Reforming of it when corrupted and the Defence of the Reformation against all Romish Writers is principally if not solely owing to Bishops and Prelates CHAP. XXIII Of the Dignify'd Clergy AS amongst the Laity the Gentry Keeps a middle Rank betwixt the Nobility and the Commonalty so amongst the Clergy of England there is a middle Station between the Episcopal Order and the inferiour Clergy Which Station is properly that of the Dignify'd Clergy as Deans Arch-Deacons and Prebendaries the Subject of this Chapter For a Supply of able and fit Persons to make Bishops or to assist Bishops a certain Number of eminent Divines both for their Piety and Learning were thought fit by our Fore-fathers to be placed in a Collegiate manner at every Cathedral or Episcopal See out of which Seminaries fit Persons from time to time might be chosen to govern the
by many Records anâ— Precedents touching this Matter in the Appendix to Petyt's Miscellanea Parliamentaria Which does not quadrate with the Opinion of those who have affirmed that there was never any Parliament in England according to the present Constitution thereof till the Reign of Henry III that is betwixt four and five hundred Years since and that the grand Council consisted only of the great Men of the Nation till that King was pleased to call the Commons to sit also in Parliament The Power of Convening or Calling a Parliament is solely in the King But if the King be under Age or not Compos Mentis or Absent out of the Realm upon some Expedition 't is lodged in the Protector or Regent who then summons the Parliament but still in the King's Name The Summons ought to be at least 40 Days before the Day appointed for the Meeting and it is done by Writ in Law-Latin expressing that it is with the Advice of the Privy Council Which Writ is a kind of short Letter directed and sent by the Lord Chancellour or Commissioners of the Chancery to every Lord Spiritual and Temporal to appear at a certain Time and Place to treat and give their Advice in some important Affairs concerning the Church and State c. And as for the House of Commons Writs are sent to all the Sheriffs commanding them to summon the People to elect two Knights for each County two Citizens for each City and one or two Burgesses for each Borough according to Statute Charter or Custom And whereas there are some Cities and Towns that are Counties of themselves or that have each within it self the Priviledge of a County the Writ is directed to them as it is to Sheriffs of other Counties At every County after the Delivery of the Parliament Writ to the Sheriffs Proclamation is made in the full County of the Day and Place appointed for the Parliament to sit and for all Freeholders to attend such a Time and Place for the Election of the Knights for that County But the Sheriff ought to give a convenient Time for the Day of Election and sufficient Warning to those that have Voices that they may be present Otherwise the Election is not good if for want of due Notice part of the Electors be absent Now by an Act in the Reign of Henry VI it was Ordained that none should have any Suffrage in the Election of the Knights of the Shire but such as were Freeholders did reside in the County and had a yearly Revenue at least to the Value of 40 Shillings which before the Discovery of the Gold and Silver in America was as much as 30 l. now And the Sheriff has Power by the said Act to examine upon Oath every such Chuser how much he may expend by the Year if he doubt the value of it If any Man keep a Houshold in one County and remain in Service with another Family in another County yet he may be at the Chusing of Knights of the Shire where he Keeps his Family for it shall be said in Law a Dwelling in that County The Election ought to be in full County between 8 and 9 of the Clock according to Statute And no Election says the Lord Coke can be made of any Knight of the Shire but between 8 and 11 of the Clock in the Forenoon But if the Election be begun within the Time and cannot be determined within those Hours the Election may be proceeded upon Before Election can be made or Voices given the Precept directed to the Sheriff ought to be read and published And if the Party or Freeholders demand the Poll the Sheriff ought not to deny the Scrutiny for he cannot discern who be Freeholders by the View In short of so many as stand for Competitors the two that have most Voices are declared to be duly elected for the insuing Parliament Plurality of Voices does likewise carry it for Citizens that stand for Cities and Burgesses for Boroughs Where in some Places none but Freeholders have a Right of Election in others all Housholders have a share in it And though no Alien can be a Parliament Man yet if he be a Housholder his Voice is good as in the Election of the Members for the City of Westminster A Burgess elected for two several Boroughs as it sometimes happens must wave one Election when he comes to the House and chuse for which Place of the two he will serve so as a Writ may issue for a new Election that the Number may be full All Elections ought to be freely and indifferently made notwithstanding any Prayer or Command to the contrary Or else the Parliament is not as it should be free 'T is true the Elections can never be so free as not to be liable to the Temptations of private Interest or the Influence of Feasting two unavoidable Evils Yet it does not follow but that a Parliament may be called Free when the Court has no hand in the Elections by such unlawful Methods as were used in the late Reign by Closetting by fair Promises and foul Threats The Returns concerning the Parties chosen are made in the Crown-Office by the Sheriffs Mayors or Bayliffs whom the Writs were sent to and to whom it belongs to manage the Elections Upon a false Return which happens but too frequently the Sheriff who made the Return is liable to the Forfeiture of 100 l. to the King and 100 l. more to the Party injured and to be Imprisoned for a Year without Bail or Mainprize And every Mayor or Magistrate of a Town so offending is to pay 40 l. to the King and as much to the Party This Action to be within 3 Months after the Parliament commenced by the Party injured or by any other Man who will In the mean time the Party returned remains a Member of the House till his Election be declared void by the same For denying the Poll when required also for advising and abetting the same the guilty Party has been adjudged by the House to stand Committed to the Sergeant during Pleasure to pay all due Fees to defray the Charge of Witnesses to be Assessed by four of the Committee to acknowledge his Offence upon his Knees at the Bar and read a Submission This was the Case of Thomson Sheriff of York and his Abettor Alderman Henlow in the Reign of Charles I. The Persons to be Elected as the fittest to answer the true Interest of the Nation ought to be Sober Understanding Well-principled and Well-affected to the establish'd Government by Law If Men of Estates it is so much the better such Men being supposed to be less Corruptible But this is left to the Peoples Choice 'T is true that by Law such as stand for Knights of the Shire ought to be Knights Esquires or Gentlemen fit to be made Knights By the Statute none ought to be chosen a Burgess of a Town in which he do's not inhabit But the Usage of
House And thirdly Freedom from Arrests Which humble and modest Way of the Peoples addressing to the King for His Majesties Assent to their ancient Priviledges is becoming the Reverence due to the Majesty of the Prince But it is no Argument as some would have it that either the Laws thereupon made or the Priviledges so allowed are precarious and may be refused them The Speakers Oration being answered in the Kings Name by the Speaker of the House of Lords and his Petitions allowed he with the Commons departs to the Lower House And then is the first time that the Mace is carried before him Being come to the Chair he makes a short Speech to the House to this effect That Whereas they have been pleased to chuse him for their Speaker he hopes they will assist him in that Station and favourably accept hiâ— sincere Proceedings for their Service That done the Custom is to read for that Time only one Bill left unpast the last Sessions to give him Seisin as it were of his Place In the Lords House 't is observable that when the King is absent the Lords at their entrance do reverence to the Chair of State as is or should be done by all that come into the Kings Prefence-Chamber And then the Judges when called in upon any Point of Law may siâ—â— but may not be Covered till the Speaker signify unto the them Leave of the Lords The Kings Council and Masters of Chancery sit also but may not to be Covered at all And when the King is present the Judges stand till the King gives them leave to sit But we have dwelt long enough upon the Preliminaries if I may say so of a Session of Parliament and 't is time to shew their Proceedings the manner of their Debates and Passing of Bills and Acts which is â—hus First Care is taken in each House to Vote Thanks to his Majesty for his Gracious Speech Then they appoint their standing Committees of which more afterwards And to discover what Members are absent without just Cause or leave of the House the House is called from time to time thus Every Member whose Name is called over uncovers his Head and stands up at the mention of his Name If he be absent he is either excused and entred accordingly or if none excuse him he is entred Defieit Such as are present are marked and the Defaulters called over again the same Day or the Day after sometimes summoned and sometimes sent for by the Sergeant If any Intruder be discovered to sit in the â—ouse being no Member thereof he is preâ—ently committed to the Sergeants Custody for â—â—me days and at last humbly begging the â—ardon of the House upon his Knees at the Bar â—e is Released paying his Fees As to the Matter of Debates the House 〈◊〉 free to take what Latitude they please â—ithout confining themselves to the King's â—peech As they are best acquainted with the State of the Nation and the publick Grievances these often do take place If any Laws are fit to be Abrogated and new ones Made this is a proper Subject for them to go upon And whilst they mind the Welfare of the Nation 't is to be supposed they mind that of the King In order to which any Member of the House may offer a Bill for the publick Good 〈◊〉 except it be for Imposing a Tax which is not to be done but by Order of the House first had And he that tenders the Bill must first open the Matter of it to the House and offer the Reasons for admitting thereof upon which the House will either admit or deny it But if any member desire that an Act made and in force may be Repealed or Altered he is first to move the House in it and have their Resolution before any Bill to that purpose may be offered If the House shall think it fit upon the Reasons alledged their usual Way is to appoint one or more of the Members to bring in a Bill for that purpose A private Bill that concerns any particular Person is not to be offered to the House till the Leave of the House be desired and the substance of such Bill made Known either by Motion or Petition Petitions are usually prescribed by Members of the same County the Petitioners are of If they be concerning private Persons they are to be subscribed and the Persons presenting them called in to the Bar to avow the substance of the Petition especially if it be a Complaint against any The preferring of Bills either to be Read or Passed ly's much in the Speaker's Power For though he be earnestly pressed by the House for the Reading of some one Bill yet if he have not had convenient time to Read the same over and to make a Breviate thereof for his own Memory he may claim a Priviledge to defer the Reading thereof to some other time Formerly the Speaker had liberty to call for a trivate Bill to be Read every Morning The Clerk of the House is usually directed by the Speaker and sometimes by the House what Bill to read who with a loud and distinct Voice first reads the Title of the Bill and after a little Pawse the Bill it self Which done Kissing his hand he delivers the same to the Speaker Then the Speaker stands up uncovered whereas otherwise he sits with his Hat on and holding the Bill in his hand says This Bill is thus Intituled and then reads the Title Whereupon he opens to the House the substance of the Bill which he does either by trusting to his Memory or with the help of a Breviate filed to the Bill The effect of the Bill being thus opened he declares to the House that it is the first Reading of the Bill and delivers it again to the Clerk For every Bill is to be Read three times before it can be made an Act. Except a Bill of Indemnity coming from the King which has but one Reading in each House because the Subject ought to take it as the King will give it The same it is with a Bill of Subsidies granted by the Clergy At the first Readâ—â— of the Bill 't is not usual with the House to speak to it or put it to the Question but rather to take time till the second Reading in order to consider of it in the mean while Nor to move for any Addition to it which were to imply that the Body of the Bill is good before it comes to a regular Trial upon the Second Reading But if any Bill originally begun in the Lower House happen upon the first Reading to be debated to and fro and that upon the Debate the House do call for the Question the Question ought to be not Whether the Bill shall be read the second time which is the ordinary Course but Whether it shall be Rejected Whereas to a Bill coming from the Lords so much favour and respect is shewn that if upon the first Reading it be spoken
against and pressed to be put to the Question the Speakâ—â— does not make it for Rejection as in the foâ—mer Case but for the Second Reading and if that be denied then for Rejection Or rather in such a Case the Speaker does forbear tâ— make any Question at all thereupon unless 〈◊〉 be much pressed thereto it being more prudential to consider of it before it be put to such a hazard When the Question for Rejection is made and the greater Voice is to have the Bill Rejected the Clerk ought to set it down Rejected in the Journal and so to Indorse it on the back of the Bill and it shall be no more Read that Session But if it be altered in any Point marerial both in the Body and the Title it may be revived and received a second time If the Voice be to have the Bill Retained then it shall have his second Reading in Course 'T is unusual for one and the same Bill to be Read twice in one Day â—â—less there be special Reasons for it Yet it has been done sometimes for want of other Business when the Bill was not of any great Consequence but â—ill upon Motion and special Order Also â—hen special Committees appointed for the â—rawing of a special Bill have presented the same ready drawn to the House it has oftenâ—imes happned that the same Bill has been twice Read and ordered to be Ingrossed the same Day And there are Precedents of late that a â—ill has been thrice Read and Passed the same Day By Sir Simon d'Ewes Journ 90. Col. 1. a Bill was Read the fourth time before it passed the House but this is rare and worth the Observation Though a Bill may be secondly Read the next Day after the first Reading yet the usual Course is to forbear for two or three Days that Men may have more time to consider upon â—t except the Business requires haste After the Bill is secondly read the Clerk as before in humble manner delivers it to the Speaker who reads again the Title and his Breviate as he did upon the first Reading Upon which he pawses a while till some Member or other of the House do speak to it For then â—nd not before is the time when to speak And â—f after some convenient time no Member â—eak against the Bill either as to the Matter or â—orm of it if it be a Bill originally begun in â—e Commons House the Speaker may make â—e Question for Ingrossing thereof that is â—riting of it fair in a Parchment The same 〈◊〉 may do if divers speak for the Bill withâ—t excepting against the Form thereof In short upon the second Reading the â—eaker having delivered the state of the Bill â—ebates do commonly arise upon it After â—hich the House usually calls for the Commitâ—ng of the Bill that is for referring of it to a Committee in order to amend the Bill which is done in this manner After every Speech is ended the Speaker ought to stay a while before he make the Question for the Committing thereof to see whether any Man will speak thereto And when he perceives the Debate is at an end he directs the House in these Words As many as are of Opinion that this Bill shall be Committed say Yea. And after the Affirmative Voice given he proceeds thus to the Negative As many as are of the contrary Opinion say No. The Speaker ought by his Ear to judge which of the Voices is the greatest but if the Thing be doubtful the House does Divide upon it And if upon Division of the House it appear that the Numbers are equal the Speaker has the casting Voice upon all Questions If the Affirmative Voice be the greater he ought to put the House in mind about Naming of the Committees which is thus Any Member of the House may be named to be one of the Committee and the Clerk ought in his Journal to write under the Title of the Bill the Name of every one called for that purpose at least of such whose Names in that Confusion he can distinctly hear And this he ought to do without Partiality either to those that name or to the Party named But he that has directly spoken against the Body of the Bill may noâ— be named to be of the Committee it being supposed that he who is against the Bill is noâ— a proper Person to be imployed for the amending or improving of it A convenient Number being named thâ— Speaker puts the House in mind of the Timâ— and Place when and where the Committees maâ— meet which the Clerk ought likewise to enteâ— into his Journal-book And when the House is in silence he ought with a loud Voice to read out of his Book the Committees Names with the Time and Place of their Meeting that they may take notice thereof When a Bill sent from the Lords is twice Read the Question ought to be for the Commitment If it be denied it ought to be Read the third time and the next Question not for the Ingrossing as when the Bill begun in the â—ower House but for the Passing of the Bill For all Bills that come from the Lords come alâ—ays Ingrossed And though the Question for â—he Passing of the Bill should in Course be then â—ade when the Bill is denied to be Committed yet it is not done till the Bill be Read the third time As to the subject Matter of the Debates the Speaker is not to argue for or against any side but only to hear the Arguments of the House and as I said before to collect the substance of them Neither has he any Voice but the Casting Voice Whoever speaks to a Bill ought to stand up Uncovered and direct his Speech to the Speaker If two rise at the same time and fall speaking together the Speaker has power to determine which shall give way to the other He that speaks is to be heard out and not interrupted unless by Mr. Speaker which he may do in some Cases as when the Discourse spins out to too great a length or is from the Matter in hand c. None ought to speak twice to a Bill in one Day unless sometimes by way of Explication But if the Bill be oftner Read than once a Man may speak as often as the Bill is read And if any Thing be done contrary to the Orders of the House one may rise up and speak to it in the midst of a Debate in case the Speaker do not For if the Speaker stand up he is first to be heard and while he stands up the other must sit down But whoever rises up to speak to the Orders of the House in the midst of a Debate must keep within that Line and not fall to the Matter it self If he do he may be taken down by the Speaker or any other Member calling to the Orders of the House No Member in his Discourse is to mention the Name of any other then present but to describe
dissolved and can act no more without a new Power The usual Time for the House to receive the Reports is after the House is full And 't is commonly the first Thing they go then upon unless there be Bills Ingrossed which are to take place and publick Bills before private The Reporter must first acquaint the House That he is to make a Report from such a Committee to whom such a Bill was Committed Then standing in his place he reads each of the Amendments with the Coherence in the Bill opens withal the Alterations and shews the Reasons of the Committee for such Amendments until he has gone through all When that is done if his Seat be not next the Floor he must come from his Place to the Bar and so come up to the Table where he delivers both the Bill and Amendments to the Clerk to be read Whilst he stands by the Clerk the Clerk reads twice the Amendments only that are to be Inserted and then he delivers the Bill with the Amendments to the Speaker Whereupon any Member may speak against all or any of the Amendments and desire the Coherence to be read But he is to make all his Objections at once to all the Amendments without speaking again Note that in the House of Lords the Judges and other Assistants there of the long Robe are sometimes Joyned to the Lords Committees though they have no Voice in the House But whereas in the House they sit covered by the Leave of the Peers at a Committee they are always uncovered A Grand Committee called a Committee of the whole House is the House it self resolved into a freedom of Debate from the Rules of the House to the Nature of a Committee and therefore 't is commonly called a Committee of the whole House These Grand Committees are used when any great Business is in hand that requires much Debate as Bills to impose a Tax or raise Mony from the People Which Bills particularly do always begin in the House of Commons as their Representatives In these Committees every Member is free to speak to one Question as often as he shall see Cause which is not permitted in the House and to answer other Mens Reasons and Arguments So that it is a more open Way and such as leads most to the Truth the Proceeding more honourable and advantagious both to King and Parliament When the House inclines to resolve it self into a Committee it is done by a Question Which being carried in the Affirmative the Speaker leaves the Chair and thereupon the Committee makes choice of a Chair-man If a Dispute arises about the Choice the Speaker is called back to his Chair and after the Choice is cleared he leaves it The Chair-man sits in the Clerks Place at the Table and writes the Votes of the Committee the gathering whereof is according to the Rules of the House When the Committee has gone through the Matter in hand the Chair-man having read all the Votes puts the Question That the same be Reported to the House If that be Resolved he is to leave the Chair and the Speaker being called again to the Chair the Chair-man is to Report what has been resolved at the Committee standing in his usual Place From whence if it be not in the Seat next the Floor he is to go down to the Bar and so to bring up his Report to the Table In case the Committee cannot perfect the Business at that sitting Leave is to be asked That the Committee may Sit at another time on that Business But if the Matter has been throughly Debated and is judged fit to be Resolved in the House the Speaker is called to the Chair for that purpose In other Things the Proceedings are the same as in the House And so much for the Committees I proceed now to the Manner of Adjourning Proroguing or Dissolving the Parliament which is done at the Kings Pleasure and that in the House of Lords with the same Appearance and Solemnity as I have already described An Adjournment and Prorogation are to some convenient time appointed by the King himself but with this Difference that an Adjournment do's not conclude the Session which a Prorogation do's So that by an Adjournment all Things debated in both Houses remain in statu quo and at the next Meeting may be brought to an Issue Whereas a Prorogation makes a Session and then such Bills as passed either House or both Houses and had not the Royal Assent must at the next Assembly begin anew before they can be brought to perfection Upon an Adjournment or Prorogation the King do's usually make a Speech to both Houses of Parliament And he ought to be there in Person or by Representation as on the Day of their first sitting Now the Kings Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin adjourn prorogue c. But 't is Observable that each House has also a Power to Adjourn themselves which when they do 't is at the most but for a few Days A Dissolution is that whereby the House of Commons becomes Vacant in order to a new Election Now a Parliament may be Dissolved by the King at any time whether they be actually sitting or not But if a Parliament do sit and be Dissolved without any Act of Parliament passed or Judgment given 't is no Session of Parliament but a Convention The King being the Head of the Parliament if his Death happens when there is a Parliament 't is ipso facto Dissolved 'T was a Custom of old after every Session of Parliament for the Sheriff to Proclaim by the Kings Command the several Acts passed in that Session that none might pretend Ignorance And yet without that Proclamation the Law supposes every one has noticeby his Representative of what is transacted in Parliament But that Custom has been laid aside since Printing came to be of common Use The Parliament ought to sit by Law at least once in three Years Thus I have laid open the Supream Court of England which without the Kings Concurrence can legally do nothing that 's binding to the Nation but with it can do any thing For whatever is done by this Consent is called firm stable and sanctum and is taken for Law Thus the King and Parliament may abrogate old Laws and make new settle the Succession to the Crown Define of doubtful Rights whereof no Law is made Appoint Taxes and Subsidies Establish Forms of Religion Naturalize Aliens Legitimate Bastards Adjudge an Infant or Minor to be of full Age Attaint a Man of Treason after his Death Condemn or Absolve them who are put upon their Trial Give the most free Pardons Restore in Bloud and Name c. And the Consent of the Parliament is taken to be the Consent of every Englishman being there present in Person or by Procuration King John having resigned up the Crown of England to the Pope and
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's
the Letter T. for a Thief or M. for Manslayer Then he is delivered to the Bishops Officer to be kept in the Bishops Prison from whence after a certain time he is delivered by a Jury of Clerks But if he be taken and found Guilty again and his Mark discovered then 't is his Lot to be hanged But he whom the Jury pronounces Not Guilty is Acquitted forthwith and Discharged paying the Jaylor his Fees And as to those Prisoners who stand not Indited but were only sent to Prison upon Suspicion the Way is to Proclaim 'em first in this manner A. B. Prisoner stands here at the Bar If any Man can say any thing against him let him now speak for the Prisoner stands at his Deliverance If upon this no Evidence appears against him he is set free paying the Jaylor his Fees Which Way of Deliverance is called Deliverance by Proclamation CHAP. X. Of the Court Martial and Court of Admiralty THE Court Martial otherwise called Court of Chivalry is the Fountain of Martial Law and is only held in Time of War for Martial Discipline The proper Judges of this Court are the Lord High Constable and the Earl Marshal of England which last is also to see Execution â—tone The Court of Admiralty is about Maritime Concerns and the Judge thereof is commonly 〈◊〉 Dr. of the Civil Law For the Sea being out of the reach of the Common Law the Proceeding of this Court in all Civil Matters is according to the Civil Law And whereas the Sea by its Flux and Reâ—ux advances and runs-back twice a Day which makes the Bounds of the Sea and Land â—ovable every Day It is agreed upon that 〈◊〉 far as the Low-Water Mark is observed is within the Counties Jurisdiction and Causes â—ence arising are Determinable by the Common Law But upon a full Tide the Admiral has â—urisdiction as long as the Sea-flows over â—ll Matters done between the Low-Water Mark and the Land So that here is as Dr. Chamberlain says Divisum Imperium between the Common Law and the Court of Admiralty Besides the Civil Law which this Court proceeds by great Use is made here of the Maritime Laws of Rhodes and Oleron two Islands the former whereof is in the Mediterranean not far from the Continent of Asia the other in the Ocean near the Mouth of the Garonne in the Bay of Aquitain The Rhodian Laws were compiled by the Inhabitants of Rhodes a People anciently very powerful at Sea and whose Maritime Laws were esteemed so just and equitable that the very Romans so skilful in making of good Laws referred all Debates and Controversies in Sea-Affairs to the Judgment of the Rhodian Laws Those of Oleron called le Rolle d' Oleron were made by Order of King Richard I theâ— possessed of Aquitain and being at Oleron Which proved such excellent Laws for Sea-Matters that they came to be almost aâ— much respected and made use of in these Western Parts as the Rhodian Laws in the Levant To which King Edward III added very excellent Constitutions concerning Maritime Affairs still in force In Imitation whereof several other Sea-faring Nations have done the like for their respective Sea-Trade As to Criminal Matters especially about Piracy the Proceeding in this Court of Admiralty was according to the Civil Law till the Reign of Henry VIII When two Statute were made for Criminal Matters to be trieâ— by Witnesses and a Jury by the Kings special Commission to the Lord Admiral where 〈◊〉 some Judges of the Realm are ever Commissioners The Writs and Decrees of this Court run in â—he Name of the Lord High Admiral or Lords commissioners executing that Office and are â—irected to all Vice-Admirals Justices of â—ace Mayors Sheriffs Bayliffs Constablesâ—â—arshals and other Officers and Ministers as â—ell within Liberties as without To this Court belongs a Register and a Marâ—al The Marshal attends the Court and carâ—es a Silver Oar before the Judge whereon â—e the Kings Arms and the Lord High Adâ—irals Here the Lord Admiral has his Advocate â—d Proctor by whom all other Advocates and â—â—octors are presented and admitted by the â—â—dge All the Places and Offices belonging 〈◊〉 this Court are in the Gift of the Lord â—â—igh Admiral and now of the Lords Comâ—issioners The Court is held in the Afternoon in the common Hall at Drs. Commons But the Adâ—iralty-Session for the Trial of Malefators and Crimes committed at Sea is still â—eld at the ancient Place viz. S. Margaret's â—ll in Southwark CAHP. XI Of the Court of Marshalsea the Courts of Conscience the Court of Requests disused the Forest-Courts and Pie-powder Courts THE first is the Court or Seat of the Knight Marshal of the Kings House where he judges of Debts for which the Party has been Arrested within the Kings Verge and sent to the Marshalsea Which iâ— a Prison in Southwark where this Court iâ— kept King Charles I. erected a Court by Letters Parents under the Great Seal by the Name oâ— Curia Hospitij Domini Regis c. which takes Cognizance more at large of all Causes thaâ— the Marshalsea could of which the Knight Marshal or his Deputy are Judges The Courts of Conscience are inferiour Courtâ— established and settled by Parliament in many Parts of the Realm for the Relief of poâ—â— People whose Debt do's not amount to forty Shillings So that by any of these Courts the Creditor may recover his Debt and the Debtor pay it at an easy rate As for the Court of Requests 't was a Court of Equity much of the same nature with the Chancery but inferiour to it Called Court â—f Requests as being principally Instituted for the help of such Petitioners as in conscionable cases dealt by Supplication with the King This Court followed the King and was not â—xt in any Place But in process of time it â—sumed so great a Power and grew so burdenâ—â— and grievous to the Subject that it was â—ken away together with the Star-Chamber 〈◊〉 Statute made in the Reign of Charles I. For the Conservation of the Kings Forests â—â—d to prevent all Abuses therein there are â—ree Courts established one called the Juâ—ice of Eyres Seat another the Swainmote and â—â—e third the Court of Attachment The first is or should be by ancient Cuâ—â—m held every third Year by the Justices Eyre of the Forest journeying up and down 〈◊〉 the purpose aforesaid Swainmote is another Court as incident to a forest as a Pie-powder Court to a Fair. By â—e Charter of the Forest it is held thrice a â—ear before the Verderors as Judges What â—hings are Inquirable in the same you may 〈◊〉 in Cromp. Jurisd fol. 150. The lower Court is called the Attachment because the Verderors of the Forest have thereâ— no other Authority but to receive the Attchments of Offenders against Vert and Veniâ—n taken by the rest of the Officers and to Inrol â—â—em that they may be presented and punishâ—â— at the next Justice-Seat Now the Attachments are made three
and then Execution follows And for Criminal Causes they are here tried by Accusation as when one takes upon him to prove the Crime Or by Denunciation when the Church-Wardens present and are not bound to prove because it is presumed they do it without malice and that the Crime is notorious CHAP. XIV Of the Courts of London and first of the Mayor's Court the Court of Aldermen the Common Council Court the Hustings the Court of Goal-Delivery the Two Sheriffs and the Chamberlain's Courts THE City of London is amongst other Things so remarkable for her transcendent Priviledges in Keeping her own Courts of Justice that it will not be improper to describe 'em here I begin with the Lord Mayor's Court which is a Court of Record held in the Chamber of Guildhall The Recorder of the City is Judge of this Court but the Lord Mayor and Aldermen may sit as Judges with him if they please In this Court all manner of Actions may be entred and tried by a Jury as in other Courts for any Debt Trespass or other Matter whatsoever arising within the Liberties of London and to any value There are only four Attorneys belonging to it and six Serjeants at Mace one of them constantly attending at the Lord Mayor's House and the rest at the Attorneys Offices The Charge of entring an Action in this Court is but 4 d. besides the King's Duty It may be brought to a Trial for 30 s. Charge and in 14 Days time the Day for Trials being every Tuesday An Action entred in this Court will remain in force for ever although no Proceedings be had thereupon Whereas an Action entred at either of the Compters dies and may be crossed after 16 Weeks The Advantages of making Attachments in this Court are considerable as you may see in the Book called Lex Londinensis or the City Law The Court of Aldermen is a Court of Record held in the Inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the Time of Sessions of Goal-Delivery This Court does constantly appoint the Assize of Bread determines all Matters touching Lights Water-courses and Party-Walls and here must be sealed all Bonds and Leases that pass under the City-Seal Several Places are in the Gift of the Lord Mayor and this Court Viz. The Recorder Sword-bearer Four City Counsel a City Remembrancer the Common Hunt Water-Bayliff Cities Sollicitor Comptroller of the Chamber two Secondaries Four Attorneys of the Lord Mayor's Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Channel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Channel Under Water-Bayliff Meal-Weighers Clerk of the Cities Works Six Young-men Two Clerks of the Papers Eight Attorneys in the Sheriffs Court Eight Clerk-sitters Two Protonotaries Clerk of the Bridge-house Clerk of the Court of Requests Beadle of the Court of Requests Thirty Six Sergeants at Mace Thirty Six Yeomen the Gager Sealers and Searchers of Leather Keeper of the Green-Yard Two Keepers of the Compters Keeper of Newgate Keeper of Ludgate Measurer Steward of Southwark Bayliff of Southwark and Bayliff of the Hundred of Ossulston There are other Places in the gift of the Mayor Aldermen and Sheriffs as the City-Carpenter and other Artificers But the Rent-Gatherer has been put in by Mr. Chamberlain If any Officer says Lex Londinensis shall misbehave himself in his Office upon Complaint made thereof to this Court and Proof of the Fact such Offender may be and is usually suspended from the Profits of his Place during the pleasure of this Court The Rulers of the Company of Watermen are annually elected and appointed by this Court The Court of Common Council consists of two Orders as the Parliament of England viz. the Lord Mayor and Aldermen which represent the House of Lords and the Common Council Men which represent the House of Commons whose Number amounts to 231 belonging to their respective Wards whereof some have more some less This Court is held in the Chamber of Guildhall at such Times as the Lord Mayor appoints and directs being in his Lordships power to call and dismiss this Court at his pleasure Several Committees are annually appointed and elected by this Court for the better and more speedy Dispatch of the City-Affairs who make Report to this Court of their Proceedings as Occasion requires Viz. a Committee of 6 Aldermen and 12 Commoners for letting and demising the Cities Lands and Tenements who usually meet every Wednesday in the Afternoon at Guildhall for that purpose A Committee of 4 Aldermen and 8 Commoners to let and dispose of the Lands and Tenements given by Sir Tho. Gresham who usually meet at Mercer's Hall at such Times as the Lord Mayor for the time being directs and appoints and the Lord Mayor himself is commonly chosen one of this Committee This Court does also annually elect Commissioners for the Sewers and Pavements And by this Court are annually elected a Governour Deputy-Governour and Assistants for the Management of the Cities Lands in Ulster in Ireland A Stranger born may be made free of this City by Order of this Court and not otherwise The Places of Common Serjeant Town-Clerk and Common Crier are in the Gift of this Court. The Judges of the Sheriffs Court have sometimes been elected by this Court and sometimes by the Court of Aldermen The Hustings is a very ancient Court of Record always held in Guildhall and commonly every Tuesday before the Lord Mayor and Sheriffs of London for the time being When any Matter is to be argued or tried in this Court Mr. Recorder sits as Judge with the Lord Mayor and Sheriffs and gives Rules and Judgement therein And though the Original Writ be directed to the Mayor and Sheriffs joyntly yet these by Commandment of the Lord Mayor are Ministers to execute all Process out of this Court In this Court Deeds may be Inrolled Recoveries passed Wills proved and Replevins Writs of Error Right Patent Waste Partition and Dower may be determined for any Matters within the City of London and the Liberties thereof The Attorneys of the Lord Mayor's Court are Attorneys also in this Court and the second Attorney is always Clerk of the Inrollments and Inrolls all Deeds brought for that purpose Now a Deed Inrolled in the Hustings is counted as good as a Fine at Common Law for that it bars the Wife from claiming her Dower In this Court also the Burgesses to serve for the City in Parliament are elected by the Livery-men of the respective Companies which is done after this manner in the presence of the Court. First the Lord Mayor and Aldermen are put up according to ancient Custom for Candidates and after them are usually nominated four Commoners And out of them all the four that have the plurality of Voices are declared by the Sheriffs to be duly chosen But if there be any Contest about the Election it is usually decided by a Poll. The
against the Executor and so much of his Will as shall be contrary to the Custom will be declared void and of none effect But if a Freeman die without a Will and leave a Wife and Children this Court grants Administration of his Estate to his Widow By the Custom of London she will claim a third part of his Estate one third must be divided amongst his Children and the other third between the Wife and Children but so that usually the Widow is allowed two Thirds of the Freemans third part and the Children one Third thereof If a Freeman shall in the time of his last Sickness give and deliver any part of his Goods Chattels or Moneys to his Wife or Child or any other Person with Intent that such Person shall keep the same to his or her own Use such Gift being against the Custom of London shall be accounted part of the Freemans Estate at the time of his Death and may be recovered by Bill in this Court. For a Freman cannot in the time of his Sickness whereof he shall die give away any part of his Estate otherwise than by his last Will. If a Freeman having given in his Life-time part of his Estate to any of his Children in Marriage or otherwise do afterwards make his Will and give all his Estate away to his other Children with a Declaration that the Child he so disposed in Marriage had received 500 l. or more of his Estate and was thereby fully advanced such Declaration shall not bar the Person so married but he or she may recover after the Father's Decease an equal share with the other Children But then the Mony received of his Father in his Life-time must come into the Account and be reckoned part of the Estate left by him at his Death Which is called bringing of the Mony into Hotchpot Moreover if a Freeman shall settle or make over any part of his Estate to the Use of his Children with design to defraud his Wife of her full third Part the Widow may after his Death set aside such Settlement by a Bill in this Court Lastly when an Inventory is exhibited in this Court and the Orphans can prove any Goods omitted or undervalued or any Debts charged to be owing from the Deceased which were not real and just Debts In such Case upon Complaint made the Clerk will summon a Jury to inquire whether the Inventory so exhibited be a true and perfect Inventory or not And if the Jury find any Omissions Undervaluations or Surcharges then the Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory and will thereby compel him to make so much as shall be found by the Jury to be omitted undervalued or surcharged Unless he can by Proof discharge himself thereof before the Court of Aldermen who upon Application made by any Executor will examine into his Accounts and do right to all Parties without any Expence to the Executor or the Orphans And when it shall appear by an Inventory that many Debts are standing out due to the Deceased the Court of Aldermen do constantly compel the Executor to give Bond to render a true Account from time to time when he shall be thereunto required which is usually once in a Twelve-month And if upon the Exhibiting thereof it shall appear that any Mony is due to the Orphans the Executor must either pay it into the Chamber of London or give good Security to pay the same Which if he omit or refuse his Bond will be put in Suit against him The Court of Conscience otherwise called the Court of Requests is a Court established and settled by an Act of Parliament in the 3d Year of the Reign of King James I. Which Impowers this Court to hear examine and determine with Equity or good Conscience all Matters brought before them between Party and Party Citizens of London where the Debt do's not amount to forty shillings An Act very beneficial both for the Relief of such poor Debtors as cannot make present Payment of their Debts and for such poor Persons as have small Debts owing to them and are not able to prosecute a Suit in Law for the same This Court sits in Guildhall every Wednesday and Saturday in the Forenoon consisting of two Aldermen and four Commoners monthly appointed by the Lord Mayor and Court of Aldermen but any three of them make a Court. A Cause may be brought and determined in this Court for 10 pence Charge viz. 6 pence for the Plaint and the Summons and 4 pence for the Order But if the Defendant do not appear the second Court-Day after Summons an Attachment will be awarded against him which will compel him to appear and increase the Charge If any Citizen be Arrested for a Debt under â—o Shill this Court will grant a Summons for the Plaintiff in the Action And if he appear not the first Court-day after the Summons left at his House the same will grant an Attachment against him force him to take his Debt and to pay the Defendant his Costs The Court for the Conservation of the Thames is held before the Lord Mayor at such Times â—s he appoints and directs within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff for the time being is My Lord Mayors Deputy and ought to give notice to his Lordship of all Offences committed by any Persons contrary to the Orders made for Preservation of the Brood and Fry of Fish in the said River To which purpose he is by this Court Ordered and Impowred from time to time to Authorize Two â—onest Fishermen or more in such Town and Places as he shall think convenient aswell beâ—ow as above the Bridge to be assistant to him â—n the Execution of his Duty and when they â—hall think fit to go out and search for any â—uch Offenders take away their Nets and give â—heir Names to Mr. Water-Bayliff that they 〈◊〉 severely proceeded against according to â—aw This Power of the Lord Mayor for the Conservation of the River of Thames and the â—unishment of all Offences within it has been â—ercised by the Mayor of London and his â—redecessors time out of mind By King Edward the Thirds Charter to this City the Citizens are Authorized to remove and take away all Kidels in the Water of the River of Thames and Medway and have the Punishment to the King belonging thereof coming And by a Statute made in the 17th Year of the Reign of Richard II. it is Ordained that the Mayor of London shall have the Conservacy of the Thames and put in execution the Statutes of 13 Edward I. 13 Richard II. from the Bridge of Stanes to London and from thence over the same Water and in the Water of Medway The Pie-Powder Court is a Court held during the first 3 Days of Bartholomews Fair by Stewards assigned by the Lord Mayor and Court of Aldermen to examine and try all Suits brought for
it may appear to be the more proble Way for the Delinquents Reformation Such is the Temper of some Men that far from being likely to be reclaimed by a publication of their Offence they will rather grow obdurate and impudent when they perceive their Reputation to be lost To all the foresaid Punishments and Censures of the Church both the Laity and Clergy are subject But there are other Punishments to which the faulty Clergy only are liable which are four in Number commonly called Suspensio ab Officio Suspensio a Beneficio Deprivatio a Beneficio and Deprivatio ab Officio The first is when a Minister for a time is declared unfit to execute his Office The second when he is for some time deprived of the Profits of his Benefice Both which are wont to be for smaller Crimes Deprivatio a Beneficio is when a Minister for a greater Crime is wholly and for ever deprived of his Living And the last is when he is wholly and for ever deprived of his Orders which is properly called in English a Deposing or Degradation This is commonly for some hainous or Capital Crime And then the Minister is solemnly stript by the Bishop of his Priestly Vestments in the presence of the Civil Magistrate to whom he is then delivered to be Punished as a Lay-man for the like Offence THE CATALOGUE And first a List of Their Majesties Houshold-Officers and Servants attending their present Service according to the late Establishment LOrd Steward of the King's Houshold William Earl of Devonshire The Lord Chamberlain Charles Earl of Dorset The Master of the Horse Henry Nassaw Lord Overkirk In the Accompting House Treasurer and Cofferer of the Houshold Francis Lord Viscount Newport Comptroller Thomas Wharton Esquire Master of the Houshold Thomas Felton Esq Clerks of the Greencloth Sir William Forester Knight Sir James Forbes Knight Clerks Comptrollers Peter Isaac Esq Thomas Vivian Esq Yeomen Petley Garnham Charles Morgan Grooms Gilbert Thornburgh John Shaw Messenger Henry Sampson Bakehouse The Clerk Henry Gascoigne Esq Yeomen Henry Hartloe Grooms Edward Ball William Walton Pantry Gentleman and Yeoman Richard Walker Yeoman Mouth to the Queen Charles Potter Grooms William Lingen Thomas Whitmore Charles Justice Cellar Serjeant Matthew Harvey Esq Gentleman and Yeoman Richard Dalton Yeoman Mouth to the Queen and Keeper of Ice and Snow James Frontine Joynt Grooms Richard Jones Francis Clark Yeoman Field to the King James Hyman Yeoman Field to the Queen Philip Lemon Groom Charles Watts Buttery Gentleman and Yeoman Peter Bechon Yeoman David Lloyd Grooms Henry Cockseidge John Murray Thomas Jones Spicery Joint Clerks Joseph Somner Esq Charles Toll Esq Purveyor Peter la Vine Chandlery Serjeant Daniel Deering Esq Yeomen Richard Vokins John Higham Grooms Richard Tull Thomas Pavey John Melon Confectionary Yeomen John Du Commun Peter Mortimer Grooms Peter Derains Richard Thurman Ewry Yeomen Benjamin Pordage Josias Poulter Grooms Peter Berry Edward Reddish Laundry Laundress of the Table and Houshold Linnen Mrs. Jane Potter Kings Privy Kitchin Chief Clerk James Clark Esq Second Clerk Charles Issac Esq Third Clerk Thomas Webb Esq Master Cook Patrick Lamb Esq Yeoman of the Mouth Ulrich Horitiner Yeoman Pottagier Joseph Centlivre Grooms John Lincicomb James Beacher Children Gabriel Cooper Phillip Drew Two Scourers Six Turn-broaches One Door-keeper Queens Privy Kitchin Master Cook James Castres Esq Yeoman of the Mouth Stephen Leimbeck Yeoman Emanuel Hicks Grooms Leonard Welbeck Arthur Beacher Children John Sell William Golding Two Scourers Four Turn-broaches One Door-keeper Houshold Kitchin Master Cook Henry Smith Esq Yeoman John Thompson Groom Henry Sandes Children John Prichard William Arnold Two Scourers Four Turn-broaches One Door-keeper Larder Yeomen Jasper Lisney Luke Smith Grooms Nicholas Howard John Whilden Robert Bray Accatry Serjeant James Halsey Esq Joint Clerks Thomas Fox Esq Henry Lowman Esq Yeoman of the Salt Stores Hugh Mayo Poultry Clerk Roger Jackson Esq Yeoman Andrew Whittingham Grooms Esme Clark Anthony Scarlet Scalding-House Yeomen James Goodwinne John Cranwell Grooms John Thornburgh Henry York Pastry Clerk Matthew Perkins Esq Yeomen Patrick Lamb Samuel Brown Grooms William Murray A Child One Salsary-man One Furner Scullery Clerk Robert Manning Esq Yeomen Thomas Hardyman Francis Forrester Grooms James Tooth Samuel Farley Pages Thomas Robinson John Alsop Children James Rodd Josuah Nightingale Thomas Fox Two Pan-keepers Wood-yard Clerk John Thompson Esq Yeoman Edward Siston Grooms Jaspar English Leonard Hancock Almonry Sub-Almoner Jonathan Blagrave Yeoman Thomas Norris Groom Richard Bennet Verge Clerk John Hardesty Coroner Robert White Harbingers Gentlemen Harbingers Matthew Whitfield Esq William Tozer Esq Yeomen William Wall Hugh Jones Peter La Roche James Tye William Merrit Porters at the Gate Serjeant Porter Michael Hubbert Esq Yeomen John Dawson Richard Miller Charles Segar Grooms Aaron Kinton John Gibbons James Lovet Cartakers Yeomen Harold Miller Charles Scoresby John Zevenhoven Grooms Edward Kilmayne Ralph Blackwell John Pierman Officers of the Hall Marshal Charles Parsons Daily Waiter William Everal Waiters John Kemp Thomas Moody Knight Marshal Sir Edward Villiers Kt. Five Marshals Men Leicester Nichols Bulstrode Burt Booth Cock and Cryer William Sampson Porter at St. Jame's Yeoman Henry Rainsford Vnder the Lord Chamberlain THe Vice-Chamberlain Sir John Lowther Knight The Cup-bearers Sir John Pettus Kt. Edward Lloyd Esq James Compton Esq Thomas Boteler Esq Carvers Will. Champenies Esq Clement Saunders Esq Sir Rob. Killegrow Jos Rossington Esq Sewers Richard Smith Esq Robert Saintclair Esq John Skelton Esq Nicholas Fenn Esq Esquires of the Body Henry Kingsmel Esq Sir Tho. Granthan Kt. The Gentlemen Ushers of the Privy-Chamber Henry Austin Esq Sir John Eloes Kt. Sir Edward Sutton Kt. Spencer Gerard Esq Grooms of the Privy Chamber Thomas Duppa Esq Robert Thompson Esq Christopher Jeffrys Esq Humphrey Graves Esq Gentlemen Ushers Daily Waiters Sir Thomas Duppa Kt. and Black Rod. Fleetwood Sheppard Esq Jeremy Bubb Esq and David Michel Esq Gentlemen Ushers Quarter Waiters Robert Jeggon Esq Henry Cooling Esq Francis Ashton Esq Robert Murray Esq Jeremy Chaplain Esq James Meyrick Esq William Smith Esq Alex. Griffith Esq Barbers Mr. Simon de Brienne Mr. William Fremin Pages Mr. John Fen Mr. John Dawson Mr. Alex. Reynold Mr. Charles Segar To the Great Chamber Grooms or Messengers William Whitmore Henry Rogers Edward Kennet Charles Sheppard Edward Cooper Richard Llewellin Josias Seweâ— Amandy Houwart Richard Sherer Adam Lisney Humphrey Ambler Michael Michel Arnold Waldwyn James Cook The Gentlemen of the King's Bed-Chamber William Earl of Portland Groom of the Stole and first Gentleman of the Bed-Chamber James Duke of Ormond Charles Earl of Monmouth Charles Earl of Shelkirk Henry â—iscount Sidney James Earl of Drumlangrig John Earl of Clare John Earl of Marlborough Richard Earl of Scarborough 48 Gentlemen of the Privy Chamber in Ordinary The Right Honourable the Earl of Mountalexander The Right Honourable the Lord Viscount Buttavant Sir William Haward Kt. Sir Walter Plunket Kt. Sir Jam. Humbleton Kt. Sir Purbeck Temple Kt. Sir Matth. Andrews Bar. Charles
Sir Thomas Pilkington was chosen in his room In whose Person the Chance is turned almost quite contrary For if he do's outlive the Time appointed for his Mayoralty by his late Re-election instead of being Mayor but one Year according to the usual Course his Mayoralty will reach near two Years and a half Next to the Lord Mayor there are 26 Aldermen A Recorder Two Sheriffs A Chamberlain Besides the Vnder-Sheriffs the Town-Clerk or Common Clerk and a Remembrancer these two last being both Esquires by their Places The 26 Aldermen preside over the 26 Wards of the City a peculiar Alderman being assigned to every Ward Who has under him a certain Number of Common-Council-Men and one of them his Deputy besides Constables Scavengers Beadles c. Now the Aldermen who have been Lord Mayors and the three eldest Aldermen that have not yet arrived to that honourable estate are by the City-Charter Justices of Peace of the City Upon the Death of an Alderman the Lord Mayor issues out his Precept to the Ward whereof he was Alderman to chuse two substantial Men of the City and return their Names to the Court of Aldermen Which being done the Lord Mayor and Court of Aldermen select one of the two such as they judge fittest for that Station The Recorder is usually a grave and learned Lawyer well versed in the Laws and Customs of the City and in that Capacity is an Assistant to the Lord Mayor He takes his place in Councils and in Court before any Man that has not been Mayor and 't is he that delivers the Sentences of the whole Court The two Sheriffs of this City are also Sheriffs of the County of Middlesex They are yearly chosen in the Guildhall on Midsummer-Day by the Livery-Men of the respective Companies that is by the Citizens from among themselves A high Priviledge considering the Importance of this Magistracy especially in their power of Impanelling Juries Yet my Lord Mayor by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs In which Case the Usage has been for the Commons to confirm such a Person and to elect another to serve with him However the new-chosen Sheriffs are not sworn till Michaelmas Eve and till then they do not enter upon their Office If any of the Parties chosen refuse to hold he inours a Penalty of 450 l. unless he do take his Oath that he is not worth ten thousand pounds Each Sheriff has under him an Vnder-Sheriff and six Clerks viz. a Secondary a Clerk of the Papers and four other Clerks He has also a certain Number of Sergeants and every Sergeant a Yeoman The Vnder-Sheriffs have also Clerks under them The Chamberlain is an Officer of great Power in the City For without him no man can set up Shop or follow his Trade without being sworn before him neither can one be bound an Apprentice to any Tradesman but by his Licence He may Imprison any that disobey's his Summons or anv Apprentice that misdemeans himself or else he may punish him in another manner But these are only general Notions of the chief Officers and Magistrates of London for the Particulars I refer you to the Courts of Judicature in my Third Part. In relation to Trade which is the Life of this City the Traders thereof are divided into Companies which are so many Bodies Politique all injoying large Privileges granted by former Kings unto them Those Companies are in all about 70 twelve whereof are called the Chief Companies Viz. The Mercers The Grocers The Drapers The Fishmongers The Goldsmiths The Skinners The Merchant Taylors The Haberdashers The Salters The Iron-Mongers The Vintners The Cloth-Workers Each Company or Mystery has a Master yearly chosen from among themselves and other subordinate Governours called Wardens and Assistants Such is the Harmony of this Government that these Companies do exactly correspond to the general Government of the City by a Lord Mayor and Common Council who are selected out of these several Companies For he that is chosen Lord Mayor must be free of one of these 12 Companies and if he be of any other Company he presently removes to one of these Which have got so great Credit and Reputation in the World that several Kings have honoured some of them by taking their Freedom thereof The present King was lately pleased to accept of the Freedom of the Company of Grocers presented to Him in a golden Box in the Name of the City by Mr. Box upon which he was Knighted by His Majesty In short such are the Priviledges of the Citizens of London that they are Toll-free throughout England And the Lord Mayor usually at the Request of any Citizen that trades in remote Parts grants him his Warrant or Certificate They have also the Priviledge to keep out all Artificers and Handicraftsmen not free of the City So that if a Freeman of London do imploy any such to work within the City or Liberties he is liable to the Forfeiture of 5 l. a Day and an Action lies against him for the same An Alien indeed may be imploy'd six Weeks but no longer And how severe soever this may seem to Foreiners yet it is grounded upon Equity For were it not for that Priviledge here would be such a Concourse of Foreiners that it would prove as it has by Experience the utter undoing of a great Number of poor Citizens and Freemen whose Livelyhood depends upon their Handicrafts Another great Priviledge they have is their sending no less than four Members to Parliament which is twice the Number of other Cities and Borough-Towns in England And it is observable that their Members do usually appear in their Scarlet-Robes the first Day the Parliament sits when all other Members except the Speaker of the House appear in their usual Habit. Thus the Lord Mayor of London under the gracious Influences of the English Monarchs makes a Figure more like a Prince than a Subject And the Citizens of London though under the same general Government as all the rest of the Kings Subjects yet live within themselves blest with so many Advantages that I can compare them no better than to the old Citizens of Rome under the best of their Emperours And indeed the main Thing which has incouraged Trade here to that degree as to render this Place so rich and flourishing is the great Charters Priviledges and Immunities it is invested with by the Munificence of several of the former Kings Whereby the Londoners are Impowered to chuse their own Magistrates to do themselves Justice to maintain their own Peace and pursue all the good and advantagious Ends of Trade with the better Success and greater Security In order to which they keep within themselves many Courts and Councils where they make Laws for the better Government of the several Ranks and Orders of Men among them And though these grand Priviledges were judged to be forfeited by the Court of Kings Bench upon the Quo
and other like torturing Deaths are lookt upon here as too cruel for Christians to use Neither are the Criminals who with their Lives have expiated their Crimes before the World denied Christian Burial except in particular Cases All this shews a great deal of Moderation and averseness from Cruelty And if we look upon the English in their private Families there we shall find a greater Harmony than perhaps in any Nation For here generally Husbands are the most Kind to their Wives Wives as tender of their Husbands and Parents indulgent to Children The first is so great a Truth that England is every where acknowledged to be the Paradise of Women as it is the Hell of Horses And it is a common By-Word among the Italians that if there were a Bridge over the Narrow Seas all the Women of Europe would run into England For here they are neither so servilely submissive as the French nor so jealously garded as the Italian Here they have the upper hand in the Streets the upper place at Table the Thirds of their Husbands Estates and in many Cases share in all Lands I wish I could clear the English aswell from Wantonness and Debauchery as I have from Cruelty But if they have too much degenerated in this point from their Ancestors the Reason of it is at hand Regis ad Exemplum totus componitur Orbis And if that Rule be constantly true we have now the fairest Prospect of a Reformation that ever Nation had and the greatest Reason to hope shortly to see the English now under a sober and religious as well as a warlike Prince recover their Reputation which has been so long obscured by the Licentiousness of two effeminate Reigns From their Temper I proceed to their Genius wherein our Characterizer is no less abusive And one would think his too much Learning made him mad when he calls the English no less than stolidos amentes inertes that is witless and dull The Truth is other Nations are as deeply ingaged as the English against him in this Quarrel of whom he gives likewise an unmanly Character But to confute him in this Point this I dare aver that no Nation has been more industrious than the English in Mechanick Arts and the World to this day is obliged to them for many of their usefull Inventions and Discoveries For Merchandizing and Navigation no People can compare with them but the Hollanders and their great Wealth arising from thence is a plain Proof and Demonstration of it For Literature especially since the Reformation there is no Nation in the World so generally knowing And as Experimental Philosophy so Divinity both Scholastick and Practical has been Improved here beyond all other Places Which makes Forein Divines and the best sort of them so conversant with the learned Works of those famous Lights of the Church our best English Divines In short the English Genius is for close Speaking and Writing and always to the Point They look upon loose and rambling Discourses with contempt and indignation tho' they be seasoned with never so much wit The gawdy part and pomp of Rhetorick so much affected by the French is slighted by the English who like Men of Reason stick chiefly to Logick And what they speak in publick they deliver it with a Gravity sutable to the Subject slighting those mimical Gesticulations so much used beyond Sea and indeavouring not so much to move the Hearer's Affections as to convince his Reason Gutta cavat Lapidem No Nation perhaps is more Satyrical and quicker in Repartees but still with much gravity and I have often wondered at the Acuteness of some of the common Sort which argues more Wit than our Censurer allow's To express themselves significantly and with the greatest advantages they have a most happy Language tho' like their Bloud it be but a Mixture For it is a Compound chiefly of these three Saxon Latine and French but so that the Saxon is the Stock in which the other two are Ingrafted As for the Excellency of it I have little to add to what has been lately published by Mr. Miege in his Prefatory Discourse to his English Grammar The Excellency says he of the English Tongue consists in these four Things viz. its Facility Copiousness Significancy and Sweetness It s Facility is easily demonstrable in its Exemption from Flexions from that Multiplicity of Cases and other Variations which an Author calls the Emblems of Babel's Curse and Confusion The Invariableness of its Nouns Adjective makes their Concordance easy with the Substantives The Pronouns so puzzling and intricate in French admit of little difficulty in English and what is more easy than the Conjugation of English Verbs Instead of one Particle To used before the Infinitive the French have no less than three Prepositions de a and pour differently used in that Mood Nor is the English troubled with Verbs Reciprocal one of the hardest Ingredients of that Language especially when used with an Interrogation and these intricate Particles en y ne and pas the right placing of which is so puzzling to Strangers The Copiousness I need not use much art to demonstrate For besides the Treasures of the old Saxon which the English retains in its Monosyllables the choicer Wits of the Nation have fetcht hither the very Quintessence of some forein Languages who like Bees have gathered the best and left the worst By which means they have so happily improved their Mother-Tongue that those amongst Foreiners who understand the Genius of it are in a maze to see this Language so far outdo their own and to find many of their transplanted Words thrive better in England than in their proper and natural Soil And whereas the French is stinted and grown barren through its exceeding Nicety the English on the contrary is grown mighty Copious by its innate Liberty of making such Compounds and Derivatives as are proper and sutable to abridge the Expression and to say Multum in parvo Insomuch that it do's almost equalize the Greek and even exceed the Latine in a peculiar grace of compounding Words together which is one of the greatest Beauties that can be in a Language Nor do's its Abundance ly here altogether there being Court and Country English and peculiar Dialects besides the general one in the West and North Countries In short no Vulgar Language can deliver a Matter with more Variety either plainly by Synonima's or by Circumlocution with Metaphors The Significancy of the English is made out to my hand by the Vindex Anglicus in Words to this effect There is scarce says he any Variety that any other Nation can brag of but the English has almost with equal felicity made its own Witness the Italian Courtier the French Salust the Spanish Guzman the Latine Naso and the Greek Polybius Whoever reads that matchless Essay of Mr. Sandys upon the Aeneids would think it writ so by the peerless Maro himself How properly has the renowned Lord Bacon taught us
to speak the Terms of Art in our own Language A Thing Judged impossible till we saw it performed What matchless and incomparable Pieces have we seen in our Time and where shall one see more sense in so few Words What Poetry has more Majesty and bears a greater sense than the English when it flows from a true Poet In point of Sweetness whereas the Italian swarms with Vowels and the Dutch with Consonants the English has the Advantage of them both in a happy Mixture 'T is true the Italian is an excellent Princely and pleasant Language but it wants Sinews and passes as silent Water The French is truly delicate but something too nice and affected the Spanish Majestical but terrible and boisterous the Dutch manly but harsh Now the English is both sweet and manly 'T is true there are in it some particular sounds unknown to the French Tongue which are indeed something harsh and uncouth in the mouth of a French Learner and yet very smooth when they run in their proper and natural Channel Viz. i long as in Vice ou and ow in Cloud Vow o and i as in God Lord bird and shirt pronounced with a mixt sound of the French o and a. But those which puzzle most of all the French Learner are the found of g before e and i and which is the same Thing of j Consonant before any Vowel as in ginger jack jest jil jog and jug of ch as in Chamber but chiefly of th called a t aspirate as in thanks thief thorough thunder c. In short such is the mixture of the English that one may frame his Speech majestical pleasant delicate or manly according to the Subject Of all which Advantages inherent to the English Tongue Foreiners are at last become very sensible For whereas they used to slight it as an Insular Speech not worth their taking notice they are at present great Admirers of it What remains is to answer the usual Objections against it whereby some People pretend to degrade it from the Worth of a Language viz. its Mixture and Mutability Mixture a Thing so very natural to Languages that none but the Hebrew if that is free from it The Latine it self had a great Mixture of Greek and Gothish The French consists of Latine Dutch and old Gallick The Spanish of Latine Gothish and Morisco And the German it self as Original as it is pretended to be has a taste of the Roman Empire and the bordering Neighbours As for its Mutability 't is at least as groundless an Objection For 't is well known that Languages as States have their Infancy and Age their Wax and Wane But now the English Tongue is come to so great Perfection now 't is grown so very Copious and Significant by the accession of the quintessence and life of other Tongues 't were to be wished that a stop were put to this unbounded Way of Naturalizing forein Words and that none hereafter should be admitted but with Judgement and Authority For the Truth is there is as much in it as is needful and as much as the English Soil is well able to bear I conclude according to the Title of this Chapter with an Account of the most famous Men of this Nation either for Souldiery or Learning extracted from Dr. Heylin's Cosmography Which will serve as a further Confutation of our Hypercritick Scaliger and other French conceited Authors since his Time who valuing no Nation but their own made it their Business to decry the English But I shall do it with my Author's Caution that is without mentioning the late great Men this Nation has bred that I may give no ground for Invidiousness The most valorous Souldiers of this Country when possessed by the Britains were Cassibelane who twice repulsed the Roman Legions though conducted by Caesar himself and had not a Party here at home been formed against him 't is like he had been still too hard for the Romans Prasutagus King of the Iceni Constantine the Great the first Christian Emperour Arthur One of the Worlds Nine Worthies In the Times of the Saxons Egbert the last King of the West-Saxons and the first of England Alfred his Grandson who totally united the Saxon Heptarchy into one Estate and subjected the Danes to his Commands though he could not expel them Edmund surnamed Ironside Guy Earl of Warwick After the Normans came in Richard and Edward the First so renowned in the Wars of the Holy Land Edward III and his Son Edward the black Prince duo Fulmina Belli famous in the Wars of France Henry V and John Duke of Bedford his Brother Montacute Earl of Salisbury Sir John Falstaff and Sir John Hawkwood who shewed their Valour both in France and Italy Hawkins Willoughby Burroughs Jenkinson Drake Frobisher Cavendish and Greenvile all famous Sea-Captains Scholars of most note Alcuinus one of the Founders of the University of Paris Beda who for his Piety and Learning obtained the Attribute of Venerabilis Anselm and Bradwardin Archbishops of Canterbury Men famous for the Times they lived in Alexander of Hales Tutor to Thomas Aquinas Bonaventure Wicleff and Thomas of Walden his Antagonist the first Parson of Lutterworth in the County of Leicester who valiantly opposed the Power and Errours of the Church of Rome And since the Reformation John Jewel Bishop of Salisbury to whose learned and industrions Labours in defence of the Religion here established by Law we are still beholden Dr. John Raynolds and Mr. Richard Hooker the first a Man of infinite Reading the second of as strong a Judgement Dr. Whitaker of Cambridge the Antagonist of the famous Bellarmine Dr. Tho. Bilson and Dr. Lancelot Andrews both Bishops of Winchester the Ornaments of their several Times Bishop Montague of Norwich a great Philologer and Divine Dr. John Whitgift and Dr. William Laud Archbishops of Canterbury But I cannot pass by the remarkable Story of the foresaid Dr. John Raynolds and William his Brother William was at first a Protestant of the Church of England and John trained up beyond Sea in Popery The first out of an honest Zeal to reduce his Brother made a Journey to him and they had a Conference Where it so fell out that each was overcome with his Brothers Arguments so that William of a Zealous Protestant became a virulent Papist and John of a strong Papist a most rigid Protestant A strange Accident and a rare subject for this excellent Epigram made upon it by Dr. Alabaster who had tried both Religions Bella inter geminos plusquam Civilia Fratres Traxerat ambiguus Religionis Apex Ille Reformatae Fidei pro partibus instat Iste Reformandam denegat esse Fidem Propositis Causae Rationibus alter utrinque Concurrere pares cecidere pares Quod fuit in Votis Fratrem capit alter-uterque Quod fuit in Fatis perdit uterque Fidem Captivi gemini sine Captivante fuerunt Et Victor Victi transfuga Castra petit Quod genus hoc
of Salisbury began the Sermon his Text being taken out of 2 Sam. 23. V. 3 4. The Sermon ended Their Majesties took the Oath And being conducted to their Regal Chairs placed on the Theater that they might be more conspicuous to the Members of the House of Commons who were seated in the North-Cross They were Anointed After the Unction they were presented with the Spurs and Sword invested with the Palls and Orbs and then with the Rings and Scepters At four of the Clock the Crowns were put upon their Heads at sight whereof all the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Their Majesties and after the Benediction They vouchsafed to kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed Their Majesties left Cheeks In the mean while the Treasurer of the Houshold threw about the Coronation Medals which were of Silver about the bigness of a half-crown Piece representing of one side the King and Queen with their Names thus Gulielmus Maria Rex Regina And on the Reverse giddy-brained Phaethon unskilfully guiding the Chariot of the Sun with Jupiter above striking him with a Thunder-bolt and this Motto about it Ne Totus Absumatur that is Lest the whole World be Consumed with fire A very pat Emblem to the present Juncture as those may best judge who are well acquainted with the Story of Phaethon Next followed the Communion And Their Majesties having made Their second Oblation received the holy Sacrament Then the Bishop read the final Prayers After Prayers Their Majesties retired into S. Edward's Chapel where they were new Arrayed in Purple Velvet And in this Habit they returned to Westminster-Hall with Their rich Crowns of State upon their Heads and the Nobility their Coronets A splendid Dinner being prepared in the Hall for Their Majesties and the whole Proceeding the first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High Constable High Steward and Earl Marshal But the Tables of the Nobility c. were all ready furnished before their Coming in Before the second Course Charles Dymoke Esq Their Majesties Champion came into the Hall on horse-back between the High Constable and the Earl Marshal where be performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendour and Magnificence Their Majesties about eight in the Evening returned to Whitehall CHAP. IX Of the King's peculiar Prerogatives Also of His Power Court and Revenues in general BEsides the Royal Marks of Sovereignty inherent in the Crown of England the King has certain Priviledges properly called by the Name of Prerogatives which are so many Flowers of the Crown The principal are these that follow First all Estates for want of Heirs or by Forfeiture escheat or revert to the King To Him also belong all Lands of Aliens dying before Naturalization or Denization unless they leave Issue born within his Dominions All Waste Ground or Land recovered from the Sea All Gold and Silver Mines in whose Ground soever they are found All Wayfs Strays and Wracks not granted away by Him or any of his Predecessors All Treasure found as Gold Silver Plate Bullion c. the Owner whereof is unknown All Royal Fishes as Whales Dolphins c. And Royal Fowl as Swans not markt and swimming at liberty on the River The King by his Prerogative has the Right of Pre-emption of all Sorts of Victuals near the Court and may take Horses Carts Ships and Boats for his Carriages at reasonable Rates By his Letters Patent he may erect new Counties Cities Boroughs Universities Colledges Schools Hospitals Fairs Markets Forests Chases Free-Warrens c. And without his Authority no Forest Chase or Park can be made or Castle built He has Power likewise to Infranchise an Alien and make him a Denison whereby he is inabled to purchase Houses and Lands and to bear some Offices But none can be Naturalized but by King and Parliament The King only can give Letters of Mart or Reprisal And in case of Losses by Fire or otherwise He only can give Patents to receive the charitable Benevolences of the People without which no Man may ask it publickly Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and till the Kings Debts be satisfied He may protect the Debtor from the Arrest of other Creditors He may Distrein for the whole Rent upon one Tenant tho he do not hold the whole Land Is not obliged to demand his Rent as others are and may sue in what Court he pleases and Distrain where he list No Occupancy can stand good against the King nor any Entry before Him prejudice him And the Sale of the Kings Goods in open Market do's not take away his Property therein All Receivers of Mony for the King or Accomptants to Him for any Branch of his Revenues are chargeable for the same at all times in their Persons Lands Goods Heirs Executors and Administrators And when any Debtor to the King is disabled to pay him by reason of Debts owing him which he has not been able to recover in such a Case the Kings Debtor being Plaintiff has some Priviledges above others by virtue of a Quo minus in the Exchequer In Doubtfull Cases always there ought to be a particular Regard and favourable Presumption for the King And Judgments against the King's Title are always entred with a Salvo Jure Domini Regis That if at any time the King's Council at Law can make out his Title better that Judgment shall not prejudice Him Which is not so for a Subject The King's Servants in Ordinary are free from Arrest also from all Offices that require their Attendance as Sheriff Constable Church-Warden c. And for reasonable Causes Him thereunto moving He may protect any Man against Suits at Law c. with a Noli Prosequi As to Church Matters the King by Act of Parliament is the Supream Head of the Church as He is of the State and is lookt upon as her Gardian and Nursing Father He is as Constantine the Emperor said of himself an external Bishop of the Church and in some Sense a Priest aswell as a King Therefore at his Coronation He is Anointed with Oyl as the Priests were at first and afterwards the Kings of Israel to intimate that his Person is Sacred and Spiritual and has the Dalmatica and other Priestly Vests put upon Him By virtue of his Prerogative He has Power to call a National or Provincial Synod and to make such Alterations in the Church-Discipline as they shall judge expedient And as He is the Lord Paramount or Supream Landlord of all the Lands in England so He has all over England the Supream
Right of Patronage called Patronage Paramount Insomuch that if the mean Patron or the Ordinary or the Metropolitan present not in due time the Right of Presentation comes at at last to the King As for the Bishopricks the King only has the Patronage of them For none can be chosen Bishop but whom he nominates in his Conge d'Estire and a Bishop Elect cannot be Consecrated or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent In short as the King is the only Sovereign and Supream Head both in Church and State so there lies no Appeal from Him as from some other States and Kingdoms beyond Sea either to the Pope of Rome or to the Emperor But indeed the greatest and safest of the Kings Prerogatives is as the present King wrote in a late Letter to his Council of Scotland to Rule according to Law and with Moderation The Dispensing Power so much contended for in the late Reign by the Court-Party as a Branch of the Kings Prerogative and as vigorously opposed by some true Patriots is â—ow quite out of Doors by the Act of Settlement which makes it plainly Illegal And as to that divine Prerogative which the Kings of England claimed as a Thing de Jure divino I mean the Curing of the King 's Evil only by the King 's laying his hands on the Sick assisted with a short Form of Divine Service it is now laid aside as a Traditional Errour at least a Doctrine not fit to be trusted â—o So that the French King is at this time the only Monarch that pretends to this Miraculous Priviledge Our Historians derived it here from King Edward the Confessour who lived so holy a Life that as they say he received Power from above Intailed to his Royal Successors for ever to cure this stubborn Disease But now 'c is lookt upon as a Doctrine not so fit for Protestants as bigotted Papists to whom no Miracle is amiss I come now to the King's Power with relation to forein Parts Which I shall describe as near as I can first as Defensive secondly as Offensive In the first Sense England if well united is of all the States in Europe the least subject to an Invasion especially since the Conjunction of Scotland The whole Island is naturally so well senced with the Ocean and when Occasion requires so well garded by those moving Castles the King's Ships of War the strongest and best built in the whole World The Kingdom besides is so abundantly furnished with Men and Horses with Provisions and Ammunition and Mony the Sinews of War that nothing but our intestine Divisions can make us a Prey to the greatest Potentates of Europe tho united together As for the King's Power abroad not only our Neighbours but the most remote Places have sufficiently felt it and this at a time when Scotland and Ireland were usually at enmity with Him 'T is true since the Reign of Qâ— Elizabeth what with our Distractions at home and the Weakness or Effeminacy of some of one Kings England has either been Idle or taken up with Intestine Broils Only in Cromwel's Time we humbled the Hollanders scowred the Algerines kept the French and the Pope in aw and took Jamaica from Spain Our greatest Exploits were upon our own selves when being unhappily involved in Civil Wars for several Years together we destroy'd one another with a fatal Courage Then were computed about two hundred thousand Foot and fifty thousand Horse to be in Arms on both sides which had they been imploy'd abroad might have shaken the greatest part of Europe And here I cannot but with an aking heart apply the Words of Lucan Heu quantum potuit Coeli Pelagique parari Hoc quem Civiles fuderunt Sanguine Dextrae In English thus How much both Sea and Land might have been gained By their dear Bloud which Civil Wars have drained Of so martial Spirit the English are and their fear of Death so little that as Dr. Chamberlain has well observed no Neighbourâ—â—ation scarce durst ever abide Battle with â—hem either by Sea or Land upon equal Terms â—nd now we are ingaged in a just War both with Ireland and France under a Prince of â—o great Conduct and Courage incouraged by â—â—s Parliament assisted and faithfully served by the greatest General now in Europe I cannot but hope well from our Armies both by Seu and Land if our provoked God do not fight against us The next Thing that offers it self to our Consideration is the King of England's Court which for State Greatness and good Order besides the constant Concourse of Nobility and Gentry resorting thither when there is no Jealousy between the King and his People is one of the chief Courts of Europe It is as an Author says a Monarchy within a Monarchy consisting of Ecclesiastical Civil and Military Persons the two last under their proper Government To support the Grandure of this Court and the other Charges of the Crown in time of Peace the Kings of England have always had competent Revenues Which never were raised by any of those sordid Ways used in other Countries but consist chiefly in Domains or Lands belonging to the Crown in Customs and Excise Anciently the very Domains of the Crown and Fee-Farm Rents were so considerable that they were almost sufficient to discharge all the ordinary Expences of the Crown without any Tax or Impost upon the Subject Then there was scarce a County in England but the King had in it a Royal Castle a Forest and a Park to Receive and Divert Him in his Royal Progresses A piece of Grandure which no King else could boast of But upon the Restauration of King Charles the Crown Revenues being found much Impaired and the Crown Charges increasing upon the growing Greatness of our Neighbours the French and Dutch the Parliament settled upon the King a Yearly Revenue of Twelve Hundred Thousand Pounds by several Imposts besides the Domains and other Profits arising to the Crown in Tenths and First-Fruits in Reliefs Fines Amerciaments and Confiscations And the whole Revenue improved to that degree that in the late Reign it was judged to amount to near two Millions Which is a Fair Revenue in Time of Peace In Time of War the Parliament supplies the King according to his Occasions by such Taxes to be raised upon the Nation as they think most convenient CHAP. X. Of the Government of England by Regency Also of the Succession to the Crown THere are three Cases wherein the Kingdom of England is not immediately governed by the King but by a Substitute Regent And those are the Kings Minority Absence or Incapacity The King is by Law under Age when he is under twelve Years old And till he has attained to that Age the Kingdom is governed by a Regent Protector or Gardian appointed either by the King his Predecessor or for want of such Appointment by the Three States assembled in the Name of the Infant