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A81194 A compendium of the laws and government ecclesiastical, civil and military, of England, Scotland & Ireland and dominions, plantations and territories thereunto belonging, with the maritime power thereof, and jurisdiction of courts therein. Methodically digested under their proper heads. By H.C. sometime of the Inner Temple. Curson, H. (Henry) 1699 (1699) Wing C7686A; ESTC R231895 237,927 672

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these Archbishops have the Style of Grace with the Title of Lord prefixed in speaking to them and are termed Arch or Chief Bishops it seeming requisite to our Ancestors according to other Christian Churches since the first Nicene Council to have amongst a certain number of Bishops One to be Chiefest in Authority over the rest for the remedy of General Disorders or when the Actions of any Bishop should be called in question c. And next under these Archbishops are Bishops Twenty four whereof Twenty one Bishops with their Bishopricks or Diocesses are in the Province of Canterbury and the other Three in the Province of York who are in Conformity to the first Times and Places of Established Christianity One of the Clergy Ordained in every City to have the preheminence over the rest of the Clergy within certain Precincts And these are likewise Lords in respect of their Baronies annexed to their Bishopricks and for easing the Bishop of some part of his Burthen as the Christians waxed Great or as in respect of the Largness of the Diocess in the primitive Times there were Ordained Chorepiscopi Suffragan or Subsidiary Bishops so in England are such Ordained by the Name of Bishops Suffragans or Titular Bishops who have the Name Title Style and Dignity of Bishops and as other Bishops are Consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as are limited by the Bishop or Diocesan whose Suffragan he is By Act of Parliament of King Henry the 8th still in force they are to be only of several Towns therein named and in case the Archbishop or some other Bishop desire the same the Bishop is to present Two Able Men whereof the King chuseth One for any of the places named And the next in the Church Government is the Arch-Deacon who tho' a Presbyter himself is so named for that he hath Charge over the Deacons who are to be guided and directed by him under the Bishop and of these are Sixty in England And next under them are Deacons or Deans from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because anciently set over Ten Canons at the least which Canons were prudent and pious Pastors placed in a Collegiate manner at every Cathedral or Apostolick See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves for Government and Authority in the Church and accordingly in every Cathedral Church in England is A Dean and under him a certain number of Prebendaries or Cannons and this Dean is sometimes styled Alter Episcopi Oculus the other being the Arch-Deacon and of these Deacons are 26 Deans of Cathedral and Collegiate Churches and 544 Prebendaries And next are Rural Deans or Archi-Presbyters so called because they had usually charge over Ten Country Parsons Presbyters or Priests having the Guidance and Direction of them and of these are many in England And in the last place are Pastors Presbyters or Priests of every Parish commonly called Rectors unless the Praedial Tithes are Impropriated and then they are called Vicars quasi Vice Fungentes Rectorum and of these Rectors or Parsons and Vicars are about 9700 besides Curates who for Stipends assist such Rectors and Vicars that have the Cure of more Churches than One. Of all which with their manner of Election Consecration Function Precedence Priviledges and Duties c. you may Read more at large in several Authors who have writ particularly thereof to whom I refer and proceed to the first Great Wheel moved by the King and his Privy Council in the Ecclesiastical Government which is The Convocation BEing a National Synod which the King by the Advice of his Privy Council usually Convokes for the Church Legislative Power or for making Ecclesiastical Laws or consulting of the more weighty Affairs of the Church in this manner The King directs his Writ to the Archbishop of each Province whereupon the Archbishop directs his Letter to his Dean citing himself peremptorily and then willing him in like manner to Cite all the Bishops Deans Archdeacons Cathedrals and Collegiate-Churches and all the Clergy of his Province to the Place and at the Day prefixt in the Writ But directeth withal that One Proctor sent for each Cathedral and Collegiate Church and Two for the Body of the Inferiour Clergy of each Diocess may suffice The Dean Provincial accordingly directs his Letters to the Bishop of every Diocess within the Province Citing them in like manner to appear personally and the Cathedral and Collegiate Churches and Inferiour Clergy of his Diocess to send their Proctors to the Place and at the Day appointed also to certifie to the Archbishop the Names of all so Summoned by them The Place where the Convocation of the Clergy was usually held was heretofore at St. Paul's Church of latter Times in King Henry the Sevenths Chappel at Westminster The Higher House in the Province of Canterbury consisting of Twenty two Bishops of whom the Archbishop is President sitting in a Chair at the Upper end of a Great Table and the Bishops on each Side of the same Table all in their Scarlet Robes and Hoods the Archbishops Hood Furr'd with Ermin the Bishops with Minever The Lower House consisting of Twenty two Deans Twenty four Prebendaries Fifty four Archdeacons and Forty four Clerks representing the Diocesan Clergy in all One hundred Sixty six Persons Their Jurisdiction is to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein to proceed Juxta Legem Divinam Canones Ecclesiae and as they are called so they are often commanded by the King 's Writ to deal with nothing that concerns the King's Laws of the Land his Crown and Dignity c. And the same is so Declared by Act of Parliament 25 Hen. 8. cap. 19. And what Cannons they make with the Royal Assent are binding upon themselves and all the Laity But before the above-mentioned Act a Dism● granted by the Clergy in the Convocation did not bind the Clergy before the Royal Assent The first Day of their meeting the Upper House chuse a Bishop for their Prolocutor and the Lower House being required by the Higher chuse them a Speaker or Prolocutor whom by two Members they present to the Upper House One of them making a Speech in Latin and then the Elect Person makes another Speech in Latin and then the Archbishop Answers in Latin and in the Names of all the Lords approves the Person Both Houses Debate and Transact only such matters as His Majesty by Special Commission alloweth In the Higher House all things are first proposed and then communicated to the Lower House The Major Vote in both Houses prevails Out of Parliament time they usually assemble about Nine of the Clock in the Morning And first the Junior Bishop says in Latin Prayers beginning with the Litany and Prayer for the King c. In the Lower House the Prolocutor says
c. And for their Accompts and many other things as Estreat-Rules all Charters and Letters Patent whereupon any Rents are reserved to the King and formerly here were Two Secondaries and Ten other Sworn Clerks If any Clerk make Process for any Debt paid the Tallies whereof are joyned and allowed he shall lose his Office be Imprisoned c. He maketh Entry of Record of Sheriffs and Accomptants paying their proffers at Easter and Michaelmas and makes Entry of keeping their days of Prefixion The Green Wax is certified into his Office and by him delivered to the Clerk of Estreats All Accompts of Customers Comptrollers c. are here entred to avoid all delay and concealment The Clerk of the Pipe the Original Institution of whose Office was from a Conduit or Conveyance of Water into a Cistern For all Accompts and Debts to the King are drawn from and delivered out of the Offices of the Kings Remembrancer and Lord Treasurers Remembrancer c. and charged in the Pipe So as whatsoever is in charge in this Roll or Pipe is said to be duly in charge In the Patent of this Office he is called Ingrossator Magni Rot ' in Scaccario Here are under him Eight Sworn Clerks Here Accomptants have their Quietus est and Leases are made of Extended Lands Comptroller of the Pipe He writeth out Summons twice every year to the high Seriff to levy the Farms and Debts of the Pipe and keepeth a Comptrolment or Roll of the Pipe Office Accompts Clerk of the Pleas in whose Office all the Officers of the Exchequer and Priviledged Persons as Debtors to the King c. are to have their Priviledge to Plead and be Impleaded as to all matters at the Common Law And the Proceedings are accordingly by Declarations Pleas and Trials as at Common Law because they should not be drawn out of their Court where their attendance is required In this Office are Four Sworn Attorneys Foreign Opposer to whom all Sheriffs repair to be opposed of their Green-wax and from thence is drawn down a charge upon the Sheriff to the Clerk of the Pipe Clerk of the Estreats or Extracts is every Term to receive from the Office of the Treasurers Remembrancer all Debts or Sums to be levied for the King's use and to make Schedules for such Sums as are to be charged Auditors of the Imprest are Two who Audit the great Accompts of the King's Customs Wardrobe Mint First-fruits and Tenths Naval and Military Expences Moneys Impressed c. Auditors of the Revenue are Seven These Audit all the Accompts of the Kings other Revenue that ariseth by Aids Auditors of the Receipts is a kind of Filazer for he Files all Tellers Bills and Enters them Secondly He is a Remembrancer for he giveth the Lord Treasurer a Certificate of the Money received the Week before Thirdly He is an Auditor for he maketh Debentures to every Teller before they pay any Money and taketh and audietth their Accompts and keepeth the Black Book of Receipts And the Lord Treasurers Key of the Treasury and seeth every Tellers Money Locked up safe in the new Treasury Remembrancer of the first Fruits Executed by Two Deputies they take all compositions for First-Fruits and Tenths and make out Process against all which pay not the same Clericus Nihilorum maketh a Roll of all such Sums as the Sheriffs upon Process of the Green-wax return Nihil and delivers that Roll into the Office of the Lord Treasurers Remembrancer to have Execution done of it for the King Mareschallus To this Officer the Court committeth the keeping of the Kings Debtors during the Sitting of the Term to the end they may provide to pay the Kings Debts or be further Imprisoned such Offices as are found Virtute Officij and brought into the Exchequer are delivered to him to be delivered over to the Lord Treasurer's Remembrancer He also appointeth Auditors to Sheriffs Escheators Customers and Collectors for taking their Accompts Clericus Summonitionum Clerk of the Summons Deputati Camerarij which are Two called Under-chamberlains of the Exchequer They cleave the Tallies written by the Clerk of the Tallies and read the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true They also search for Records in their Treasury And there are other Officers as Clerk of the Parcels Usher of the Exchequer whose Office is Executed by a Deputy and four Under-ushers In the Lower Exchequer are these Officers THe Lord High Treasurer of England of whose Office and Dignity we have spoken before in the uppe● Exchequer And concerning the course of the Receipt in this Exchequer you may read more in Rot ' Claus ' 39 E. 3. M. 26. The other Officers there are one Secretary And next is The Chancellor who hath a princip●● power not only in the Exchequer Court but there also in the managing and disposing of the Kings Revenue Two Chamberlains in whose Custody are many ancient Records Leagues and Treaties with Foreign Princes The Standards of Moneys Weights and Measures The Famous Books called Doomesday and the Black Book of the Exchequer Four Tellers Their Office is to receive all Moneys due to the King and thereupon to throw down a Bill through a Pipe into the Chamberlains or Tally Court. Clerk of the Pells is to enter every Tellers Bill in a Parchment Skin in Latin Pellis whence this Office hath its name The Two Deputy Chamberlains Sit in the Tally Court cleave the Tallies and examin each piece a part as is said before in the Upper Exchequer Two Ushers who take care to secure the Court by Day and Night and all the Avenues leading to the same and are to furnish all Books Paper c. One Tally Cutter who provides fitting Hazel cuts them square and of full lengths and hath dividend Fees with the other Officers of the Party who sueth it out The Four Messengers of the Receipt are Pursuivants Attendants upon the Lord Treasurer for carrying his Letter and Precepts to all Customers Comptrolers and Searchers and all other His Majesties Messages where the Lord Treasurer shall command them In case of any Pension given by the King there is only 5 l. per Cent. paid to all the Officers for all publick payments not 5. s. for the Hundred pounds For all Moneys paid in by the King's Tenants or Receiver it costs them but 6 d. or at most but 3 d. for every payment under 1000 l. The Collectors and Receivers cost the King not above Two in the pound and at his Exchequer it costs nothing For the Course of the Exchequer and Duty of the several Officers you may Read in the Authors who have treated thereof more at large There is a General Statute concerning all the Courts of the King made 2 Hen. 6. cap. 10. That all Officers made by the King's Letters Patents within his Courts which have Authority ab antiquo to appoint Clerks and Ministers within the said Courts shall be Sworn
Commercij may be with an Infidel Pagan and Idolater and those Leagues are established by Oaths whether the Infidel or Pagan may Swear by False Gods seeing he thereby offendeth the True God by giving Divine Worship to False Gods St. Austin moved by Publicola resolveth That he who taketh the Credit of him that sweareth by False Gods not for any Evil but Good doth not joyn himself that Sin of Swearing by Devils but is partaker of those Lawful Leagues wherein the other keepeth his Faith and Oath But if a Christian should any way induce another to Swear by them herein he should grievously sin And the League in these Cases is warranted by the Word of God Et per Praxin Sanctorum in Sacra Scriptura all incidents thereunto are permitted In ancient time no Ambassador came into this Realm before he had Safe Conduct For as no King can come in without the King's License or Safe Conduct so no Prorex c. which representeth a King's Person can do it For Safe Conducts see the Writs in the Register and the Statute of the 15th 18th and 20th of Henry the 6th with all Incidents thereunto King Henry the 7th that Wise King would not in all his time suffer Lieges Ambassadors of any Foreign King or Prince within his Realm nor he any with them but upon occasion used Ambassadors Every Ambassador ought to have Four Qualities Nuntie sis verax tacitus celer atque fidelis And of him another saith Foederis Orator Pacis via Terminus Irae Semen Amicitiae Belli fuga Litibus hostis The difference between a League and Truce is that a Truce is a Cessation from War for a certain time A League is a perfect striking of Peace It 's said 9 E. 4. That a League between Two Kings without naming of Successors doth not extend to Successors notwithstanding by our Law Rex non intermoritur See more of this and Ambassadors to the Pope and General Councils c. Co. 4 Inst cap. 26. The Court of the King of England IS a Monarchy or Common-wealth within a Monarchy consisting of Ecclesiastical Civil and Military Persons and Government And for The Ecclesiastical Government of the King 's Court. IS a Dean of the King's Chappel chosen by the King and acknowledgeth no Superiour but the King For as the King's Palace is Exempt from all Inferiour Temporal Jurisdiction so is his Chapel from all Spiritual His Fee is 200 l. per Annum and a Table And By the Dean are chosen all other Officers viz. A Sub-Dean or Praecentor Capellae Fee 100 l. Thirty Two Gentlemen of the Chappel whereof Twelve are Priests and one of them is Confessor to the Houshold whose Office is to Read Prayers every Morning to the Family to Visit the Sick to Examine and prepare Communicants to Inform such as desire Advice in any case of Conscience or point of Religion c. The other Twenty Gentlemen called Clerks of the Chappel are with the aforesaid Priests to perform the Office of Divine Service in Praying Singing c. One of these being well skilled ●n Musick is Master of the Children whereof there are Twelve in Ordina●y To instruct them in the Rules and Art of Musick for service of the Chappel Three other of the said Clerks ●re Organists to whom upon Sundays Collardays and other Holydays are ●oyned the Sack-Buts and Cornets be●onging to the King 's private Musick Their Fee to each is 70 l. per Annum Four Vergers so called from the Silver Rods they carry in their Hands Also a ●erjeant a Yeoman and a Groom of the Chappel The King hath also his Private Oratory where some of his Chaplains read Divine 8ervice unto him on Working-days every Morning and Evening Twelve principal Feast-Days in the Year are called Offering-Days viz. Christmas Easter Whitsunday and All Saints called Houshold-Days upon which the Besant or Gold to be Offered is delivered to the King by the Lord Steward or some other of the principal Officers then New Years-Day and Twelfth-Day upon the latter of which are offered Gold Frankinsence and Myrrh in several Purses Lastly Candlemass Annunciation Ascension Trinity Sunday St. John Baptist and Michaelmas-Day when only Gold is offer'd These Offerings made by the King to God In Signum Speciale Dominij after Divine Service or at the Offertory he being attended by the Principal of the Nobility with their Collars of the Garter did anciently belong to the Archbishop of Canterbury's Disposal But now are to be Dispos'd by the Dean of the Chappel amongst the Poor The Lord High Almoner who is the Bishop of London for the time being disposeth of the King's Alms and besides all Money allowed by the King hath all Deodands and Bona Felonum de se for that purpose And under him is A Sub-Almoner Two Yeomen and Two Grooms of the Almonry The High Almoner hath no Fee his Sub-Almoner hath Fee 6 l. 6 s. 10 d. The Clerk of the Closet or Confessor to His Majesty who is to attend at the King 's Right Hand during Divine Service to Resolve all Doubts concerning Spiritual Matters to wait on His Majesty in his private Oratory or Closet and his Fee is Twenty Nobles And there is A Keeper of the Closet whose Fee is 5 l. per Annum The King hath also Forty Eight Chaplains in Ordinary besides the Extraordinary who wait by Turns Four every Month. Anciently at Court were Sermons in Lent only and that in the Afternoons in the open Air by Bishops Deans or principal Prebendaries And them also appointed by the Archbishop of Canterbury Now on Ashwednesday in the Morning begins the Dean of the Chapel to Preach on each Wednesday after one of the Chaplains Every Friday the Dean of some Cathedral or Collegiate Church On Good Friday the Dean of Westminster on every Sunday a Bishop and on Palm Sunday an Archbishop On Easter-day the Lord High Almoner The Civil Government of the King 's Court. THe Lord Steward is the Chief Officer of the King's Houshold to whom is committed the State of the King's House and all his Commands in Court to be obey'd He hath Authority over all except those of his Majesties Chappel Chamber and Stable He is a White Staff Officer and by his Office without any other Commission Judgeth of all Treasons Felonies Bloodsheds within the King's House or within the Verge which is 12 Miles round the Tunnel of the Court only London by Charter is Exempted And this Jurisdiction of the Verge hath from ancient time been executed by the Lord Steward with great Ceremomony in the nature of a peculiar King's Bench and that not only within but without the King's Dominions The Lord Chamberlain is the next Officer who hath Oversight of all the Officers belonging to the King's Chamber except the Precincts of the King's Bed Chamber which is wholly under the Groom of the Stole and all above Stairs who are all Sworn by him Or by his Warrant to the Gentlemen Ushers to the King
Servants of the Houshold at a Day Place and under a pain therein appointed to appear whereof the Judges or Officers before whom they shall be returned shall cause 12 without Challenge to be allowed except for Malice To try the Offenders and if they are Found Guilty of Treason Murder or Manslaughter they shall have Judgment of Life and Member and other Forfeitures as if Tried by the Common Laws of the Realm If Guilty of Strking whereby Bloodshed Then to have his Right hand stricken off Imprisonment during Life and Fine and Ransom at the Kings Pleasure The Execution to be done in the Solemn manner by the Act directed A Cryer to be appointed from time to time to call Juries make Proclamations and do other things belonging to the Cryer of the Court. The Coroner to be appointed from time to time by the Lord Steward Tryal of Peers as hath been used The Priviledges and Authorities of the Marshalsea Court within the Verge saved The Limits and Bounds of the said House or Houses to be for these offences within all the Edifices Courts c. within the Porters Ward or within 200 Foot of the Standard of any Gate or Gates of the said Houses This Act extends not to any Nobleman or other Person that shall Strike to correct his Servants or any of the Councel or other Head Officers Striking with their Hand of small Strick in Executing their Office To Steal the Kings Goods or entring his House to Steal shall be Felony Vide le Statute at large The Servants in Ordinary above Stairs THe Groom of the Stole that is according to the Greek from whence the Latin and French derive it Groom or Servant of the Robe or Garment he having the Honour to present and put on His Majesties first Garment or Shirt every Morning and to order things of the Bed-chamber The Gentlemen of the Bed-chamber consisting of the prime Nobility of England Their Office in general is To Wait a Week in every Quarter by Turn in the King's Bed-chamber there to lye by the King in a Pallat-Bed all Night and in the absence of the Groom of the Stole to supply his place Moreover they Wait on the King when he eats in private for then the Cup-bearer Carver and Sewers do not Wait. The Fee to each is 1000 l. Of these are Fourteen or more Then there is The Vice-Chamberlain The Keeper of the Privy-Purse Treasurer of the Chamber He pays Riding and Lodging Wages as the Lord Chamberlain shall direct The Master of the Robes belonging to His Majesty's person who is to have the ordering of all His Majesty's Robes as those of Coronation St. George's Feast Parliament and of all His Majesty's Wearing Apparel of his Collar of Esses Georges and Garters beset with Diamonds and Pearls Grooms of the Bed chamber ought to be Twelve these are to be under the Degrees of Knights Their office is to Attend in the King's Bed-chamber to Dress and Undress the King in private and the yearly Fee to each is Five hundred pounds Pages Six whereof one is Keeper of the King's Cabinet Closet Gentlemen Ushers of the Privy-chamber These Wait one at a time in the Privy Lodgings c. and are Four Gentlemen of the Privy Chamber in Ordinary Forty eight Quarter-Wainters by Turns Their office is Twelve every Quarter to Wait on the King's Person within Doors and without so long as he is on Foot and when the King eats in the Privy Chamber they wait at the Table and bring in his Meat they Wait also at Reception of Ambassadors and every Night lye Two of them in the King's Bed-chamber A Gentleman of the Privy Chamber by the King's Commandment only without any written Commission is sufficient to Arrest any Peer of England as Cardinal Woolsey acknowledged These wear Cloak and Sword Grooms of the Privy Chamber in Ordinary Six all Gentlemen of Quality These as all Grooms wait without Sword Cloak or Hat Gentlemen Ushers daily Waiters in the Presence Chamber Four The First whereof hath that considerable Office of the Black Rod and in the time of Parliament is to attend every day the Lord's House and is also Usher of the most Honourable Order of the Garter Their office is to wait in the Presence Chamber and to attend next to the King's person and after the Lord Chamberlain and Vice Chamberlain to order all Affairs and all Under Officers above Stairs are to obey these Gentlemen Ushers Quarter Waiters in Ordinary Eight These wait also in the Presence Chamber and are to give Directions in the absence of the Gentlemen Ushers Daily Waiters to the Grooms and Pages and other Under Officers Gentlemen Waiters Six Cupbearers Five Carvers in Ordinary Four Sewers to the Person in Ordinary Four Esquires of the Body in Ordinary Six Their office is to Guard the King's Person by Night to Set the Watch and give the Word and keep good Order in the whole House by Night as the Lord Chamberlain and his other Officers are to do by Day The Sewers of the Chamber are Eight Groom Porter his Office is to see the King's Lodgings furnished with Tables Chairs Stools and Firing To furnish Cards Dice c. To decide Disputes arising at Cards Dice Bowlings c. Serjeants at Arms Sixteen all Gentlemen or Knights attending upon His Majesty There are also Four other Serjeants at Arms whereof one attends the Lord President of Wales another the Speaker of the House of Commons and another the Lord Lieutenant of Ireland Physicians in Ordinary Four one assigned to the Queen and one to the Houshold besides Twelve more who are not the King 's sworn Servants nor have Fee Master and Treasurer of the Jewel-House and Three Under Officers called Yeomen and Grooms Their office is to take charge of the Gold or Silver Gilt Plate for the King and Queens Table of all Plate in the Tower of Chains and loose Jewels not fixed to any Garment The Master of the Ceremonies Fee 200 l. One Assistant Fee 120 l. and One Marshal One Geographer One Historiographer One Hydrographer One Library Keeper One Poet Laureat One Publick Notary The King 's Great Wardrobe THe Master or Keeper of the Great Wardrobe is an Office of great Antiquity and Dignity High Priviledges and Immunities were conferred by King Henry the Sixth confirmed by his Successors and enlarged by King James the first who ordained this Great Officer should be an Incorporation or Body Politick for ever His Office is to make Provisions for Coronations Marriages and Funerals To furnish the Court with Beds Hangings Carpets and other Necessaries To furnish Houses for Ambassadours at their first Arrival here Presents for Foreign Princes and Ambassadours Cloaths of State and other Furniture for the Lord Lieutenant of Ireland Lord President of Wales and His Majesty's Ambassadours abroad To provide all Robes for the Foreign Knights of the Garter for the Officers of the Garter Coats for Heralds and Pursuivants at Arms Robes for the Lord
Man And Spring and Fall there is an Orphans Court in each County to Inspect and Regulate the Affairs of Widows and Orphans The Government of the Natives is by Kings which they call Sachema and those by Succession but always of the Mothers side For Instance the Children of ●im who is now King will not succeed but his Brother by the Mother or the Children of his Sister whose Sons and after them the Children of her Daughters will Reign for no Woman Inherits This they do that their Issue may not be spurious Every King hath his Council and that consists of all the Old and Wise Men and also the Young without which Assembly nothing of moment is undertaken The Justice they have is Pecuniary even for Murther it self And it 's agreed That in all differences between the Natives and English Six of each side shall end the matter The Chief City Philadelphia In the Center of which is a Square of Ten Acres at each Angle is or was intended Houses for publick Affairs as a Meeting House Assembly or State-House c. Mary-Land THis Province is bounded on the North with Pensylvania on the East by De la Ware Bay and the Atlantick Ocean on the South by Virginia from whence it is parted by the River Patowmeck Chesapeack Bay is the passage for Ships both into this Country and Virginia and runs through the Middle of Mary-Land being found Navigable near Two hundred Miles into the Land into which fall divers considerable Rivers The Climate is very agreeable to the English Constitution especially since the clearing of the Ground from Trees and Woods which formerly caused much unhealthfulness neither is the Heat extream in Summer being much qualified by the Cool Winds from Sea and the refreshing Showers and the Winter so Moderate as doth no way Incommode the Inhabitants It is seated between 37 Degrees and 40 Degrees of Northern Latitude and was discovered at the same time with Virginia The Country is generally Plain and Even the Soil rich and fertile Naturally producing all such Commodities as are found in New England as to Fish Fruits Plants Roots c. The chief Trade of the English hither is Tobacco which is not inconsiderable since 100 Sail of Ships have in One Year Traded hither from England and the Neighbouring English Plantations It is divided into Ten Counties in each of which a Court is held every Two Months for little Matters with Appeal to the Provincial Court at St. Maries which is the Principal Town seated on Saint George's River and Beautified with several well Built Houses This Province was granted by Patent to the Right Honourable the Lord Baltimore and to his Heirs and Assigns with many Civil and Military Prerogatives and Jurisdictions as conferring Honours Coyning Money c. paying Yearly as an acknowledgment to His Majesty and Successors Two Indian Arrows at Windsor Castle upon Easter Tuesday The Lord Baltimore hath his Residence when there at Mattapany about 8 Miles distant from St. Maries where he hath a pleasant Seat tho' the General Assemblies and Provincial Courts are kept at St. Maries and for Encouraging People to settle here His Lordship by the Advice of the General Assembly Established a Model of excellent Laws for the Ease and Security of the Inhabitants with Toleration of Religion to all that profess Faith in Christ which hath been a principal Motive to many to Settle here Virginia DIscovered with others by Sebastian Cabott 1497 after was Visited by Sir Francis Drake and called Virginia by Sir Walter Rawleigh in Honour of his Mistress Queen Elizabeth In 1603 some Persons at Bristol by Leave from Sir Walter Rawleigh who had the Propriety thereof made a Voyage hither who Discovered Whitson's Bay in 41 Degrees and afterwards in 1607. Sir John Popham and others settled a Plantation at the Mouth of the River Sagahador the Captain James Davis choosing a small place almost an Island to sit down in where having heard a Sermon and read their Patent and Laws and Built a Fort They Sailed farther Discovering a River the Head whereof they called Fort St. George Captain George Popham being President After the first Discovery Virginia cost no small Pains and Experience before it was brought to perfection with the loss of many English Lives In the Reign of King James the First a Patent was granted to certain Persons at a Corporation who were called The Company of Adventurers of Virginia But upon several Misdemeanors and Miscarriages in 1623 the Patent was made void and hath since been free for all His Majesty's Subjects to Trade to It is scituate South of Mary-Land and hath the Atlantick Ocean on the East The Air is good and Climate agreeable to the English since the clearing it from Woods The Soil very fruitful but Tobacco is their chief Commodity and the Standard whereby all the rest are prized This Country is well Watered with many great and swift Rivers that lose themselves in the Gulph or Bay of Chesapeak which gives Entrance into this Country as well as Mary-Land being a very large and capacious Bay and running up into the Country Northward above 200 Miles The Rivers of most account are James River Navigable 150 Miles York River large and Navigable above 60 Miles and Rapahanok Navigable above 120 Miles Adjoyning to these Rivers are the English settled for the Conveniency of Shipping having several Towns the chief whereof is James Town commodiously seated on James River very neat and well beautified with Brick-Houses where are kept the Courts of Judicature and all publick Offices which concern the Country Next to James is Elizabeth Town well built and seated on the Mouth of a River so called Likewise the Towns of Bermudas Wicornoco and Dales-Gift The Country is Governed by Laws agreeable to those in England for the better observing whereof those parts possessed by the English are divided into the Counties of Caroluck Charles Gloucester Hartford Henrico James New Kent Lancaster Middlesex Nausemund Lower Norfolk Northampton Northumberland Rappohanock the Isle of Wight and York In each of which Counties are held petty Courts every Month from which there may be Appeals to the Quarter Court at James Town The Governour is sent over by the King of England Carolina SO called from the late King Charles the Second is a Colony not long since Established by the English and is that part of Florida adjoyning to Virginia between 29 and 36 Degrees of North Latitude On the East it is washed with the Atlantick Ocean and is bounded on the West with Mare Pacificum or the South-Sea and within these Bounds is contained the most fertile and pleasant parts of Florida which is so much commended by the Spanish Authors Of which a more ample Account cannot be given than what an English Man who Lived and was concerned in the Settlement thereof Delivered in these Words This Province of Carolina was in the Year 1663. Granted by Lett es Patent of His late Majesty King Charles
expresly forbid the same as heretofore hath sometimes been done It is free for any Man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is fir●t put in Writing and called a Bill which being read commonly after Nine of the Clock in a full Assembly it is either unanimously Rejected at first or else allowed to be Debated and then it is committed to a certain Number of the House presently nominated and called a Committee After it hath been amended and twice read two several Days in the House then it is Ingrossed that is written fair in Parchment and read the third time another Day and then if it be in the Lords House the Lord Chancellor in the Commons House the Speaker demandeth if they will have it put to the Question Whether a Law or no Law If the Major Part be for it there is written on the Bill by the Clerk Soit Baille aux Communes or Soit Baille aux Seigneurs retaining still in this and some other things about making Laws the Custom of our Ancestors who were generally skilled in the French Tongue Note That when the Speaker finds divers Bills prepared to be put to the Question he gives notice the Day before That on the Morrow he intends to put such Bills to the Passing or third Reading and desires the special Attendance of all the Members Note also That if a Bill be Rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usual to shew their Respect attended with Thirty or Forty of the Members of the House As they come up to the Lords Bar the Member that hath the Bill making three profound Reverences delivereth it to the Lord Chancellor who for that purpose comes down to the Bar. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other Person whose Place is on the Wooll-sacks and by none of the Members of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into Consideration if aftewards it pass that House then is written on the Bill Les Communes o●t assentez When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same Day lest the whole time should be spent in Debate Also if a Bill be debating in the House no Man may speak to it in one day above once If any one speak words of Offence to the King's Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily assemble not though many times they continue sitting long in the Afternoon Committees sit after Dinner where it is allowed to speak and reply as oft as they please Note By Death or Demise of the King the Parliament is ipso facto dissolved Anciently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intending that every one hath Notice by his Representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside See before in High Court of Parliament Page 51. To the Court of the High Steward of England BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have Right to sit and Vote in Parliament shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial and every Peer so summoned and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. M. Intituled An Act for Abrogating the Oaths of Allegiance and Supremacy and Appointing other Oaths And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis For disabling Papists to sit in either House of Parliament Provided that neither the Act nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever Provided also That the Act nor any thing therein contained shall any ways extend to any Indictment of High Treason nor to any Proceedings thereupon for Counterfeiting the King's Coyn his Great Seal or Privy Seal his Sign Manual or Privy Signet See before in The Court of the High Steward of England Page 81. Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian c. of England in the King's Absence FOR his Authority Place and Precedency See Rot. Parl. Anno 1 Hen. 6. Nu. 26 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 23 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71. The Lord Coke in his 4th Inst. Cap. 3. saith The surest way is to have him made by Authority of the Great Council in Parliament Richard Duke of Gloucester Uncle to King Edward the 5th and afterwards King by the Name of Richard the 3d. was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority Holinshead's Chron. fol. 1363. And for the Government of the Realm and Surety of the Person of King Edward the 6th his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms Dominions and Subjects and so proclaimed the 1 st of February Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof And on the 6th of Feb. Anno 1547. the said Earl of Hertford Lord Protector Adorned King Edward with the Order of Knighthood remaining then in the Tower and therewith the King standing up called for Henry Hubblethorn Lord Mayor of the City of London who coming before his Presence the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo 1614. The King when he intends to go or is in remotis out of the Realm appoints a Guardian c.