is the Fort St. George belonging to the East-India Company where they have a President of all the Factories on that Coast and of the Bay of Bengala As to the Royal African Company King Charles II was pleased by his Letters Patents to grant them a Liberty of Trading all along the Western Coasts of Africk from Cape Vert as far as the Cape of good Hope with prohibition of Trading there to all his other Subjects At Cape-Coast is the Residence of the chief Agent of the Company where they have a strong Place or Fort. I pass by the other Companies though some of them very considerable and the great Trade of the West-Indies generally managed by Merchants not Incorporated Only I shall add that every Company has the Priviledge to govern themselves by setled Acts and Orders under such Governours Deputies Assistants and Agents as they think fit to chuse among themselves And this way has been found to be so profitable and beneficial by Exporting the native Commodities thereof by setting the Poor on Work by building of many brave Ships and by Importing hither of forein Commodities both for Use and Ornament that the Benefit accruing thereby to these Nations cannot be expressed The principal Commodities exported from hence into forein Countries are Woollen Cloths of all sorts broad and narrow the English being now the best Cloth-Workers in the World To which add Sattins Tabies Velvets Plushes and infinite other Manufactures some of which make very good Returns from the foreign Plantations Abundance of Tin Lead Alum Copper Iron Fullers Earth Salt and Sea-Coal of most sorts of Grains but Wheat especially of Skins and Leather of Trane Oyl and Tallow Hops and Beer Saffron and Licorish besides great Plenty of Sea-fish is yearly transported over Sea to forein Conntries From whence the Merchants make good Returns and bring a great deal of Treasure and rich Commodities to the Inriching of themselves the unspeakable benefit of the Nation and the Credit of the English in general Who are as industrious and active as fair Dealers and great Undertakers as any Nation in the World For though the Hollanders perhaps do drive a greater Trade 't is neither for want of Stock nor for want of Industry on the side of the English The Hollanders being squeezed as they are within the narrow Bounds of their Country find little or no Land to purchase with the Returns of their Trade This puts 'em upon a kind of Necessity of improving still their Stock and of sending back those Riches a floating upon the Sea which they cannot fix on the Land Whereas our English Merchants having the Opportunity of Injoying the Fruits of their Industry in a spacious delicate fruitful Country by purchasing Estates for themselves and Families are apt to yield to the Temptation and to exchange the hurry of Trade for the pleasures of a Country-life CHAP. V. Of the English Laws and Religion THE Laws of England are of several Sorts and severally used according to the Subject First there is the Common Law that is the Common Customs of the Nation which have by length of time obtained the force of Laws This is the Summary of the Laws of the Saxons and Danes first reduced into one Body by King Edward the Elder about the Year 900. Which for some time being lost were revived by King Edward the Confessor and by Posterity named his Laws To these William the Conquerour having added some of the good Customs of Normandy he caused them all to be written in his own Norman Dialect which being no where vulgarly used varies no more than the Latine Therefore to this day all Reports Pleadings and Law-Exercises Declarations upon Original Writs and all Records are written in the old Norman But where the Common Law falls short the Statute Law makes it up Which are the Laws made from time to time by King and Parliament The Civil Law which is counted the Law of Nations is peculiarly made use of in all Ecclesiastical Courts in the Court of Admiralty in That of the Earl Marshal in Treaties with forein Princes and lastly in the Two Universities of the Land The Canon-Law otherwise called the Ecclesiastical Laws takes place in Things that meerly relate to Religion This Law comprehends the Canons of many ancient General Councils of many National and Provincial English Synods divers Decrees of the Bishops of Rome and Judgments of ancient Fathers received by the Church of England and incorporated into the Body of the Canon Law By which she did ever proceed in the Exercise of her Jurisdiction and do's still by virtue of an Act in the Reign of Henry VIII so far as the said Canons and Constitutions are not repugnant to the Holy Scripture to the Kings Prerogative or the Laws of this Realm But whereas Temporal Laws inflict Punishment upon the Body these properly concern the Soul of Man And as they differ in several Ends so they differ in several Proceedings The Martial Law reaches none but Souldiers and Mariners and is not to be used but in time of actual War But the late King who ran headlong to Arbitrary Power made nothing of violating this and most other Laws The Forest-Law concerns the Forests and in flicts Punishment on those that trespass upon them By virtue of this Law the Will is reputed for the Fact so that if a Man be taken hunting a Deer he may be Arrested as if he had taken it Lastly there are Municipal Laws commonly called Peculiar or By Laws proper to Corporations These are the Laws which the Magistrates of a Town or City by virtue of the King's Charter have a Power to make for the benefit and advantage of their Corporation Provided always that the same be not repugnant to the Laws of the Land These By-Laws properly bind none but the Inhabitants of the Place unless they be for publick Good or to avoid a publick Inconvenience In which Case they bind Strangers Thus much in general as to the Laws of England The chief Particulars will come in of course when I come to treat of the Government The Religion of England as it is established by Law is the best Reformed Religion and the most agreeable to the primitive Times of Christianity But before I come to shew the Occasion Time and Methods of its Reformation it will not be improper to give a brief historical Account how the Christian Faith came to be planted in this Island to set forth its Progress Decay and Restauration then its Corruption with Rome and at last its Reformation That Christianity was planted here in the Apostles Times long before King Lucius is plainly demonstrated by the Antiquity of the British Churches writ some Years since by Dr. Stillingfleet the present Bishop of Worcester Where he learnedly disproves the Tradition concerning Joseph of Arimathea supposed by many to have been the first Planter of the Gospel here as an Invention of the Monks of Glassenbury to serve their Interests by advancing
the Reputation of their Monastery and makes it highly probable that S. Paul rather than S. Peter as others would have it was the first Founder of a Church in this Island But by reason of Persecutions or for want of a supply of Preachers Christianity did not flourish here till the Reign of Lucius the British King and the first Christian King in Europe Of whose imbracing Christianity the learned Bishop gives this Account from the Testimony of ancient Writers that the was first inclined thereto by the Persuasion of Eluanus and Eduinus two British Christians who were probably imploy'd to convince him But being workt upon on the other side by his Druids he would not come to any Resolution till he had sent to Rome for his further Satisfaction and to know how far the British Christians and those of Rome agreed Elentherus was then Bishop of Rome and the twelfth from the Apostles To whom he sent the foresaid Eluanus and Meduinus about the Year 180 presuming as he might reasonably then that the Christian Doctrine was there truly taught at so little distance from the Apostles and in a Place whither a Resort was made from all Parts because of its being the Imperial City For there was then no Imagination of S. Peter's having appointed the Head of the Church there nor a long time after in the British Churches as appears by the Contest of the British Bishops with Augustine the Monk King Lucius being satisfied upon the Return of his Embassadors from Rome imbraced the Christian Faith and received the Baptism So that by the piety of his Example and the diligence of the first Preachers Christianity soon spread over his Dominions and sometime after over all the Island And then the Britains had Bishops of their own without any Juridical Dependency from the See of Rome the British Church continuing a distinct and independent Church from all others But when the Heathen Saxons came to be possessed of this Part of the Island and the Natives forced to take shelter amongst the Mountains of Wales the Christian Faith fled with them and this Country was again darkened with Heathenism Till about the Year 596. Austin the Monk was sent by Pope Gregory the Great to preach the Gospel here By whose Diligence and Zeal the Work prospered so well that all the Saxons were by degrees converted to the Christian Faith and Austin made the first Arcsh-bishop of Canterbury but with a subjection to the Church of Rome Thus as the Errours crept on in the Roman the British Church grew infected with them and continued subject to the Power and Errours of Rome till King Henry VIII laid the Ground for a Reformation by his resuming the Power of the Christian British Kings his ancient Predecessors and removing by virtue of it the forfeited Primacy of Rome to the See of Canterbury But 't is Observable withall that this Ejection of the Pope's Authority was not done as in other Nations tumultuously and by the Power of the People but by the Counsel and Advice of godly and learned Divines assembled in Convocation by the King's Authority and ratified by the Three States in Parliament Thus the ancient Dignity and Supremacy of the Kings of England being restored and the Subjects delivered from the Spiritual Tyranny of the Pope of Rome the King and Clergy took this Occasion to inquire into and reform the great Abuses and Errours crept into the Church Whose Method in this Work begun in Henry's Reign and brought to perfection in his next Successor's Time Dr. Heylin sets forth in these Words The Architects says he in this great Work without respect unto the Dictates of Luther or Calvin looking only on God's Word and the Primitive Patterns abolished such Things as were repugnant unto either but still retained such Ceremonies in God's publick Worship as were agreeable to both and had been countenanced by the Practice of the Primitive Times A Point wherein they did observe a greater Measure of Christian Prudence and Moderation than their Neighbour Churches Which in a meer detestation of the See of Rome allowed of nothing which had formerly been in use amongst them because defiled with Popish Errors and Abuses utterly averting thereby those of the Papal Party from joyning with them in the Work or coming over to them when the Work was done Whereas had they continued an allowable Correspondency in these Extrinsecals of Religion with the Church of Rome their Party in the World had been far greater and not so much stomached as it is And this Opinion of his he backs with the Sentiment of the Marquess de Rhosne in this point after Duke of Sully and Lord High Treasurer of France one of the chief Men of the Reformed Party there Who being sent Embassador to King James from Henry IV. King of France admired the Decency of Gods publick Service in the Church of England Three Things principally are to be considered in point of Religion viz. The Doctrine the Manner of publick Worship and the Church Government As for the Doctrine of the Church of England 't is the same in all Points with other Reformed Churches as it appears by her Confession of Faith contained in the 39 Articles The Manner of publick Worship differs in nothing from them but in the Excellency of it So many admirable Prayers the English Liturgy contains sutable to all Occasions digested in a plain Evangelical Style without Rhetorical Raptures which are fitter for a designing Orator than an humble Addresser to the Mercy-Seat of God In short there is nothing wanting in the Church of England in order to Salvation She uses the Word of God the Ten Commandments the Faith of the Apostles the Creeds of the Primitive Church the Articles of the four first General Councils an excellent Liturgy the Administration of the Sacraments and all the Precepts and Counsels of the Gospel She attributes all Glory to God worships his most holy Name and owns all his Attributes She adores the Trinity in Unity the Unity in Trinity She teaches Faith and Repentance the Necessity of good Works the strictness of a holy Life and an humble Obedience to the Supreme Power Charity which is the grand Mark of the true Church is so essential to this that she do's not ingross Heaven to her self so as to damn all others into Hell For the publick Service and Worship of God she has Places Times Persons and Revenues set apart for that purpose and an uninterrupted Succession of Bishops to ordain Priests and Deacons and do all other Duties iucumbent to that Dignity Happy were it for England if all its Subjects would live in the Communion of this Church and not separate from it which is 〈◊〉 Thing more to be wished than hoped for But such is the designing and ambitious Spirit of Popery to weaken the Church of England ever since the Reformation lookt upon as the chiefest Bulwark against Popery that it has caused all our Distractions in order to fish
Estates to his own caused the whole united Body to be called Engel-lond since turned into England in a Parliament or Council held at Winchester in the Year aforesaid And by that Name he was then crowned in the presence of his Nobles and the rest of his Subjects Though the Truth is King Alfred a Grandchild of Egbert was he who totally united the Saxon Heptarchy into one Estate Thus from the Time of Egbert to this present Time England has continued a Monarchy above 870 Year First under 15 Kings of the Saxon Bace then under 3 Danish Kings and next to them under Edward the Confessour and Harold II two Kings of the Saxon Blood Who were succeeded by four Norman Kings And after Stephen the last of the Four the Saxon Blood was again restored in the Person of King Henry II Anno 1155 in whose Blood the Crown has continued ever since Now the English Monarchy is none of those Despotical Monarchies where the Subjects like Slaves are at the Arbitrary Power and Will of their Sovereign An unnatural sort of Government and directly contrary to the true end of Government which is the Preservation Welfare and Happiness of the People And what Happiness can a People propose to themselves when instead of being protected they may be plundered and murdered at the will of their Prince Men had as good live in a state of Anarchy as ly at some Princes Mercy whose unlimited Power serves only to make them furious and outragious And where lies the Advantage when the King proves a cruel Tyrant to be Robbed or Murdered by a Royal or a common Robber The Government of England Thanks be to God is better Constituted 'T is a Monarchy but not with that Dominion which a Master has over his Slave For then the King might lawfully sell all his Subjects like so many Head of Cattel and make Mony of his whole Stock when he pleases Here the Legislative Power is divided betwixt the King and his People but the Executive Power is lodged solely in the King Here the King has his Prerogative which is the Support of the Crown and the People their Priviledges which assert their Liberty If the King stretches his Prerogative so far beyond its Bounds as to overthrow the Liberty of the Subject he unhinges the Government and the Government being dissolved He and the Nation are to seek as in the late King's Case If any part of the Subjects incroach upon his Prerogative they undergo the lash of the Law which is no less tender of the Kings Prerogative than of the Subjects Liberty But the Question is in case of a Difference betwixt the King and his People who is a competent Judge To answer this Objection I shall make use of the Inquiry into the Measures of Submission to the Supream Authority 'T is to be considered says the Learned and Judicious Author that some Points are justly disputable and doubtful and others so manifest that any Objections made against them are rather forced Pretences than so much as plausible Colours If the Case be doubtful the Interest of the publick Peace and Order ought to carry it But the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them But upon such an Invasion how can the Subjects of England take up Arms against their King when the Militia is by several express Laws lodged singly in the King and those Laws have been put in the form of an Oath which all that have born any Imployment either in Church or State have sworn So that though the Subjects have a Right to their Property by many positive Laws yet they seem now to have no Right or Means left to preserve it And here seems to be a Contradiction in the English Government viz. a publick Liberty challenged by the Nation and grounded upon Law and yet a Renouncing of all Resistance when that Liberty is invaded and that also grounded upon Law This is indeed the main Difficulty But in Answer to it this we must take for a general Rule when there seems to be a Contradiction between two Articles in the Constitution That we ought to examine which of the two is the most evident and the most important and so fix upon it then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile 'em together 'T is plain that our Liberty is only a Thing that we injoy at the Kings Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And the other Article against Resistance ought to be so softened as that it do not destroy us If the Law never designed to lodge the Legislative Power in the King as it is self-evident 't is plain it did not intend to secure him in it in case he should go about to assume it Therefore the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him Another Proof that the Law only designed to secure the King in the Executive Power is the Words of the Oath which makes it unlawful to bear Arms against the King or any Commissionated by him For if the Commission be not according to Law 't is no Commission and consequently those who act by virtue of it are not Commissionated by the King in the sense of the Law Besides all general Words how comprehensive soever are still supposed to have a tacit Exception and Reserve in them if the matter seem to require it Thus Children are commanded to obey their Parents in all Things and Wives are declared by the Scripture to be subject to their Husbands in all Things as the Church is unto Christ For odious Things ought not to be suspected and therefore not named upon such Occasions but when they fall out they carry still their own force with them So by our Form of Marriage the Parties swear to one another till Death them do part and yet few doubt but that this Bond is dissolved by Adultery though it is not named In short when a King of England strikes at the very Foundations of the Government as the late King did and that his Maleversations are not only the effect of Humane Frailty of Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men in such Cases that King may fall from his Power or at least from the Exercise of it and such his Attempts in the very Judgement of the greatest Assertors of Monarchy naturally
divest him of his whole Authority To this purpose we have still fresh before us the Example of the late King of Portugal who for a few Acts of Rage fatal to very few Persons was put under a Guardianship and kept a Prisoner till he died and his Brother the present King made Regent in his place Which it seems was at least secretly approved by most of the Crowned Heads of Europe and even our Court gave the first Countenance to it Though of all others King Charles II. had the least Reason to do it since it justified a Younger Brother's supplanting the Elder But the Evidence of the Thing carried it even against Interest These are my Authors Arguments which I thought fit to insist upon to justify the Nations taking up Arms for the Defence of their Laws Religion and Property against the late King 's actual and bare-faced Subverting the whole Frame of this most happy and blessed Government A Government which has made many Kings glorious beyond the Great Nimrod of France and their People happy beyond all other Nations A Government which allows enough to a King that cares not to be a Tyrant and enough to the People to keep them from Slavery When the King's Prerogative do's not interfere with the Liberty of the People or the Peoples Liberty with the Kings Prerogative that is when both King and People keep within their own Sphere there is no better framed Government under the Sun Here is Monarchy without Slavery a great King and yet a free People And the legislative-Legislative-Power being lodged in the King Lords and Commons joyntly 't is such a Monarchy as has the main Advantages of an Aristocracy in the Lords and of a Democracy in the Commons without the Disadvantages or Evils of either The Government of England being thus constitued I see no Ground there is for passive Obedience where the Kings Commands are visibly contrary to Law and destructive of the Constitution The Measures of Power and consequently of Obedience must be taken from the express Laws of the State or from Immemorial Customs or from particular Oaths which the Subjects swear to their Princes And in all Disputes between Power and Liberty Power must always be proved for Liberty proves it self that being founded only upon a Positive Law this upon the Law of Nature Now 't is plain the Law of Nature has put no Difference or Subordination amongst Men except it be that of Children to their Parents or of Wives to their Husbands So that with relation to the Law of Nature all Men are born Free and this Liberty must be still supposed intire unless so far as it is limited by Contracts Provisions and Laws And as a private Person can bind himself to another Man by different Degrees either as a common Servant for Wages or as an Apprentice appropriate for a longer Time or as a Slave by a total giving himself up to another so may several Bodies of Men give themselves upon different Terms and Degrees to the Conduct of others And as in those Cases the general Name of Master may be equally used tho the degrees of his Power are to be judged by the nature of the Contract so in these all may carry the same Name of King and yet every ones Power is to be taken from the Measures of that Authority which is lodged in him and not from any general Speculations founded on some equivocal Terms such as King Sovereign or Supream But this has been of late so learnedly argued that I shall wave any further Discussion of this Matter This only I shall add that the King of England is by the moderate Assertors of this Monarchy called Pater Patriae and Sponsus Regni By which Metaphorical Characters the King and his Subjects come within the Relation of a Father and Children or within that of a Husband and Wife which is proper enough to represent the Nature and Mildness of the English Government Others make King and Subject to be no other Relation than that of Gardian and Ward Ad tutelam namque says Fortescue Legis Subditorum ac eorum Corporum Bonorum Rex hujusmodi erectus est the King being ordained for the Defence or Gardianship of the Laws of his Subjects and of their Bodies and Goods I have done and now I proceed to a further Description of this Monarchy 'T is Free and Independent that is not holden of any Earthly Potentate or any ways obliged to do Homage for the same as the Kingdom of Naples holden of the Pope by the King of Spain and that of Scotlund which held in Capite of the Crown of England Whereas the Kingdom of England owns no Superiour upon Earth A Monarchy that justly challenges a Freedom from all Subjection to the Emperour or Laws of the Empire For tho the Roman Emperors were anciently possessed of this Country and got by force of Arms the Possession of it yet upon their quitting the same the Right by the Law of Nations returned to the former Owners pro Derelicto as the Civilians speak The same is also free from all manner of Subjection to the Pope of Rome and consequently from those several Inconveniencies and Burdens which ly upon Popish Kingdoms As Taxes paid to that Bishop Provisions and Dispensations in several Cases to be procured from the Court of Rome and Appeals thither in Ecclesiastical Suits 'T is an Hereditary Monarchy and such as allow's of no Interregnum free therefore from those Mischiefs and Inconveniencies which frequently attend such Kingdoms as are Elective Though it is granted at least it seems apparent by History that England has been an Elective Kingdom especially in the Time of the Saxons When upon the King's Death those Persons of the Realm that composed the then Parliament assembled in order to the chusing of another And tho one or other of the Royal Bloud was always chosen yet the next in lineal Succession was often set aside as is evident from the Genealogies of the Saxon Kings But however it was in those and after Times certain it is that ever since King Henry VII the Crown has run in a course of lineal Succession by Right of Inheritance Till the late King having forsaken the Government and abdicated the Kingdom the Crown with the general Consent of the Nation was set upon the Head of the Prince of Orange our present King joyntly with the Princess the next Heir to King James and the Succession settled as will appear afterwards And upon William and Mary our Gracious King and Queen may the Crown long flourish To conclude whatever be the Bent and Inclination of some Men amongst us for a Commonwealth the Generality of the Nation is so much for Monarchy that it is like so to continue as long as the World indures In that Eclipse of Monarchy which hapned before the Restauration of King Charles II how busy then the Commonwealth Party was to provide against its Return and to settle here
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
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
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
of the House or to speak irreverently of the Court of Parliament in Time of Parliament several have been sent for by the Sergeant to answer it to the House and Committed Dec. 1641. it was Resolved that the setting of any Gards about this House without the Consent of the House is a Breach of the Priviledge of this House and that therefore such Gards ought to be dismissed Which Resolve was followed by three others Nemine Contradicente The first that the Priviledges of Parliament were broken by his Majesties taking notice of the Bill for suppressing of Souldiers being in agitation in both Houses and not agreed on The second that his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to Him by the Consent of both Houses was a Breach of the Priviledge of Parliament The third that His Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Priviledge of Parliament And whereas in January following the King did come to the House of Commons in a warlike manner with armed Men some posted at the very Door of the House and others in other Places and Passages near it to the Disturbance of the Members then fitting and treating in a peaceable and orderly manner of the great Affairs of the Kingdoms of England and Ireland and His Majesty having placed himself in the Speakers Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House that the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit there any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Gard wherein they might conside Lastly both Houses of Parliament are the proper Judges of their respective Priviledges and the inferiour Courts have nothing to do with it CHAP. II. Of the King's Privy Council NEXT to the Court of Parliament which is the great Wheel that gives motion to the rest is the Kings Privy Council A Court of great Honour and Antiquity Incorporated as it were to the King Himself and bearing part of his Cares in the great Bufiness of the Government Insomuch that upon their Wisdom Care and Watchfulness depends the Honour and Welfare of His Majesties Dominions in all Parts of the World For according to their Oath they are chiefly to Advise the King upon all Emergencies to the best of their Judgment with all the Fidelity and Secrecy that becomes their Station And as the King has the sole Nomination of them so 't is his main Interest to make choice of such eminent Persons as are best able with their Wisdom Experience and Integrity to â—nswer those great Ends they are appointed for They ought to be Persons of several Capacities that nothing be wanting for good Counsel and Advice in a Court from whence in a great measure depends the Safety Honour and Welfare of the King and Kingdom Generally they are pickt out amongst the Nobility and for Things that relate to Church Affairs the Arch-bishop of Canterbury and the Bishop of London use to be Members thereof In the late Kings Reign not only Popish Lords were admitted contrary to Law but in defiance as it were of the Nation a Traytor by the Law and the worst of Counsellours a mercurial hot-headed Jesuit whose pernicious Counsels and Influences proved accordingly fatal to King James and all the Popish Party As for the Number of Privy Counsellours 't is at His Majesties pleasure Anciently they used to be but twelve or thereabouts but since their Number has increased sometimes to forty The Privy Council is kept in the Kings Court or Pallace and the King himself do's commonly sit with them The usual Days for their sitting is Wednesdays and Fridays in the Morning out of Parliament or Term-time and in the Afternoon in Parliament or Term-time But upon extraordinary Occasions the King calls them together at any time Accordingly they wait on His Majesty in the Council-Chamber and fit at the Council Board in their Order bare-headed when the King presides To whom His Majesty declares what He thinks fit and desires their Advice in it At all Debates the lowest Counsellour delivers his Opinion first that so he may be the more free and the King last of all by declaring his Judgment determines the Matter 'T is with the Advice of the Privy Council that the King puts out Proclamations Orders and Declarations which being grounded upon Statute or Common Law are binding to the subject And upon any sudden Emergency â—herein the publick Safety may be Indangered â—or want of speedy Redress the King and Council may take a latitude of Power sutable 〈◊〉 the Occasion Formerly the Council heard and determiâ—ed Causes between Party and Party But of â—te lest private Causes should hinder the Publick they seldom meddle with them but leave â—em to the Kings Courts of Justice There are two distinct and important Offices â—longing to this Court. The first is the Lord Presidents who is one of the Nine Great officers of the Crown He is called Lord Preâ—â—dent of the Privy Council because by his office he is in a manner the Director of it â—Tis he that reports to the King when His â—ajesty has been absent from the Council the â—ate of the Businesses transacted there The other Great Office is that of Secretary â—mmonly called a Secretary of State which â—rmerly was single till about the end of Henry III. his Reign Who considering the Imâ—rtance of this great and weighty Office â—ought fit to have it discharged by two Perâ—â—ns of equal Authority and therefore both â—ed Principal Secretaries of State In those Days and some while after says 〈◊〉 Chamberlain they sat not at Council-board 〈◊〉 having prepared their Business in a Room joyning to the Council-Chamber they came 〈◊〉 and stood on either hand of the King â—d nothing was debated at the Table until 〈◊〉 Secretaries had gone through with their Proposals Which Method afterwards was altered in Q. Elizabeths Reign who seldom coming to Council ordered the two Secretaries to take their places as Privy Counsellours which has continued ever since And a Council is seldom or never held without the presence of one of them at the least Besides the publick Concerns of the Nation most of which pass through their hands they are also concerned with Grants Pardons Dispensations c. relating to private Persons For in their hands are lodged most of the Subjects Requests to be represented to the King whereupon they make Dispatches according to His Majesties Directions In short so great is their Trust and their Imployment of that great latitude that it requires their
the Garter 219 Knights Baronets 223 Knights of the Bath 224 Knights Batchelours Ibid. Knights Banerets 229 L. LAnd-Forces 177 Language of the English 12 English Laws 59 Lent-Preachers 171 The Lord Lieutenant's Power 179 Way of Living among the English 31 M. MAritime Power 181 Earl Marshal of England 131 Master of the Horse 161 Master of the Houshold 149 150 Master of the Wardrobe 160 Master of the Robes 162 Master of the Revels 163 Master of the Ceremonies 164 Maundy Thursday the Ceremony of that Day 173 English Measures 53 Merchants 229 Militia 178 Millenarians 70 Mint-Officers 51 N. ENglish Names 21 Nobility of England their Creation and Distinction 210 c Their Priviledges 215 Noble Women 258 O ORder of the Garter 219 Ordination of Priests and Deacons 251 Ordnance its Office and Officers 194 c. Original of the English 1 c. Oxford Regiment 168 P. PArsons 250 Patrons of Churches 252 Pledging the Original of it 43 Post-Office 47 Poverty a description thereof 230 Power of the King by Sea and Land 113 Prebendaries 248 Prerogative of the King 109 Presbyterians 68 President of the Council 129 Prince of Wales 122 Prince George 208 Princess Ann ibid. Privy Purse 162 Privy Seal 129 Proclamation of the King 98 Pursuivants 163 Q. QVakers 70 Sovereign Queen of England 121 Queen Mary's Character 143 Queen Consort 122 Queen Dowager 122 The present Queen Dowager 207 R. ENglish Recreations 39 Recusants 71 Reformation of the Church of England 63 Regency 117 Religion of England 61 Religion alters the Temper of Men 71 Revenues of the King of England 115 Revenues of the present King Queen 199 Revenues of the Clergy 253 Revenues of the Bishops 244 Rural Deans 249 S. SCotlands Union with England 85 c. Sergeants at Arms 163 Servants 266 Act of Settlement 119 Sextons 257 Ship-yards and their Officers 190 Sidesmen 257 Marks of Sovereignty 94 High Steward of England 126 Lord Steward of the King's Houshold 148 Succession to the Crown 118 T. TEmper of the English 4 Tenure in Villenage 268 Title of the King to the Crown of France 89 Tobacco the Benefits of it 38 The great Trade of England 55 Train-Bands see Militia The English way of Travelling 46 The Lord High-Treasurer 128 Treasurer of the King's House 150 V. S. VAlentines Day 45 Vestry 258 Vicars 253 The Vnreasonableness of the present disaffected Party 144 W. WAles its Union with England 84 Wardrobes of the King 160 Weights used in England 52 Women 258 Laws concerning them 260 261 Y. YAchts 186 Yeomen 228 Yeomen of the Gard 167 The Table FOR THE THIRD PART A ALdermen 73 Alienation Office 53 Apprentices Laws concerning them 112 Aâ—â—zes 80 Attachment 95 B. BAyliffs 74 Benefit of the Clergy 58 C. CHancery see Court Circuâ—ts 80 Clerk of the Market 72 Commission of Assize 81 Commission of Nisi-prius ib. Commission of Peace 82 Commission of Oyer Terminer ib. Commission of Gaol-delivery ib. Committees 30 c. Common Pleas see Court Constables 77 Convocation 96 Coroners 71 Privy Council 43 County Court 68 Court of Chancery 49 Court of King's Bench 55 Court of Common Pleas 59 Court of Exchequer 62 Court of Dutchy of Lancaster 66 Court of Admiralty 91 Court of Marshalsea 94 Court of Requests 94 Court Martial 91 215 Court Leet 75 Court Baron 76 Courts of Conscience 94 Prerogative Court 102 Court of Arches 100 Court of Audience 102 Court of Delegates 103 Court of Peculiars 104 Court of the Lord Mayor of London 106 Court of Aldermen at Lond. 107 Court of Common Council 108 Court of Goal-Delivery 110 Court of the London Sheriffs 111 Court of the Chamberlain ib. Court of the Orphans 114 Cursitors Office 52 H. HEadboroughs 77 House of Lords 11 House of Commons 12 Hustings 109 J. GRand Jury 70 L. A List of the Kings Houshold Officers and Servants 135 A List of the Gentlemen of the King's Bedchamber 144 A List of the Genâ—l Pensioners 152 A List of the Yeomen of the Guard Officers 153 A List of the Officers of the four Troops of Horse ib. A List of the Officers of the Oxford Regim 158 A List of the Officers of the Foot-guards 159 A List of the Chappel Royal 161 A List of the Queens Houshold 163 A List of the Nobility 168 A List of the Bishops 174 A List of the House of Commons 175 A List of the Privy Council 191 A List of the Lords Commissioners and Officers of the Court of Chancery 193 A List of the Judges and Officers of the C. of Kings Bench 19â— A List of the Judges and Officers of the C. of Common Pleas 200 A List of the Judges and Officers of the C. of Exchequer 203 A List of the Judges and Officers of the Dutchy of Lancast 206 A List of the Attorney aâ—â— Solicitor General Sergeants and Council at Law ib. A List of the Lords Commissioners of the Treasury 208 A List of the Officers of the Custom 209 A List of the Officers of the Excise 210 A List of the Officers of the General Post-Office 211 A List of the Officers of the Mint 212 A List of the Lords Commissioners of the Admiralty 213 A List of the Admirals 214 A List of the Commissioners other Officers belonging to the Navy ib. A List of the Officers of the Martial Court 215 A List of the Lords Lieutenants 216 A List of the Governours of Foregn Plantations 219 A List of the Consuls in Foreign Parts 220 A List of the Foreign Ministers residing here ibid. A List of the Knights of the Garter 221 A List of the Knights made by K. William 222 A List of the Deans in England Wales 225 A List of the Colledge of Civilians 226 A List of the Colledge of Physicians 230 A List of the Lord Mayor and Aldermen of London 232 A List of the Lieutenancy of London 234 A List of the Governours of the Charterhouse 236 A List of the Chancellor Vice-Chancellor Heads of Colledges and Halls Proctors Orator and Professors in Oxford University 237 A List of the Chancellor Vice-Chancellor Heads of Colledges and Halls Proctors Orator and Professors in Cambridge 239 M. MAster 's of Chancery 50 Master of the Rolls 51 Mayors 73 P. PAper-Office 47 Parliament of England 1 Pie-powder Court 96 Privy Council 43 Q. QVarter Sessions 70 S. SEcretaries of State 45 Sheriffs 67 Sheriffs Turn 68 Signet-Office 47 Speaker of the House of Lords 10 Speaker of the House of Commons 14 Stewards 75 Subpoena Office 53 Swainmote 95 T. TRial of Malefactors 83 W. WArden of the Fleet 54 ERRATA PART I. Page 4. line 12. read Wiltshire p. 7. l. 10. dele of and l. 12. r. third p. 29. l. 5. r. Lincoln p. 81. in the list 1. Burntwood p. 89. l. 11. r. be p. 116. l. 10. r. Rockingham p. 291. l. 25. r. 1209. p. 302. r. only Grocer's Hall p. 324. l. 6. r. 25. p. 329. l. 13. r. 9000. p. 331. l. 16. r. manner p. 341.
Rivers it is almost incompassed It lies about 8 miles from the Sea between two Hills upon one of which stands the Church and upon the other a Castle It s chief Trade is of course broad Cloaths here made And here is a Custom common to most other Market Towns of this County to hire Servants at their Fairs to which end such as want either Service or Servants do resort hither Egremont and Ravenglass are seated not sar from the Sea The first on the Banks of a River over which it has two Bridges Ravenglass betwixt two Rivers which together with the Sea incompass three Parts of it White-Haven is situate on a Creek of the Sea at the North end of a Hill where is a great Rock or Quarrey of hard white Stone which gives name unto it This Harbour is of late much improved in its Buildings being well frequented and inhabited and driving a good Trade to Ireland Scotland Chester Bristol and other Places Whose chief Trade is of Salt and Coals here plentifully digged up for which they bring in exchange several good Commodities Keswick seated in a Valley hemmed in with Hills has been a famous Town for Copper Mines and much frequented by mineral Men who had here many Smelting Houses But now it is gone to decay Not far from this Town is dug up Wadd or Black Lead in great plenty Formerly they reckoned in this County 25 Castles few of which are remaining most of them being decayed and gone to ruin Lastly this County which in the time of the Heptarchy was part of the Kingdom of Northumberland and whose Inhabitants as well as those of most part of the North besides were called Brigantes by the ancient Romans is partly in the Diocese of Carlisle and partly in That of Chester For the South Part of it called Copeland lying betwixt the Rivers Duddon and Darwent is within the Arch. Deaconry of Richmond in Chester-Diocese and all the rest of the County in the Diocese of Carlisle Out of this County besides the two Knights of the Shire there are but four Members chosen to sit in Parliament 2 from Carlisle and 2 from Cockermouth In the North Parts of it is a Tract called Gillesland from whence the Earl of Carlisle intitles himself Baron Dacre of Gillesland and South-Westward near the Sea stands the Barony of Millum In short this County became first an Earldom in the Reign of King Henry VIII who bestowed the Title upon Henry Lord Clifford Anno 1525 in whose Issue it continued till the Year 1642 the last that injoyed it being also a Henry Clifford Of an Earldom it became a Dukedom in the Person of the late Illustrious Prince Rupert second Son of Frederick Prince Elector Palatine and of Elizabeth his Wife the only Daughter of King James the first being Created Duke of Cumberland and Earl of Holderness by King Charles I. his Uncle Anno 1643. He died without Issue at Whitehall Nov. 29. 1682. And the Title of Duke of Cumberland is now in the Person of his Royal Highness Prince George of Denmark Of the Isle of Man Isle of Man The Isle of Man lying most of it opposite to Cumberland between this County and the North of Ireland this I think therefore to be the most proper Place to take notice of it This Island runs in Length from North to South about 30 miles and in Breadth where it is broadest 10 miles The Whole divided into two Parts North and South the Inhabitants of the one having affinity with the Scotch and the other with the Irish And in these Parts defended by Two Castles are reckoned 17 Parishes and but 5 Market Towns It is generally an High-land on the Sea-Coast and that well garded with Rocks The middle part of it runs up into high Hills The highest of all called Seafull has this very remarkable in it That from the Top of it on a clear Day one may easily behold three Kingdoms at once viz. England Scotland and Ireland England Eastward Scotland Northward and Ireland Westward The Air of this Island is sharp and subject to high Winds but 't is healthful And as sharp as it is in Winter yet the Frosts are short and the Snow does not ly very long in the Valleys The Soil is pretty fruitful both in Corn and Pasture affording good store of Wheat and other Grain and feeding good Flocks of Sheep and Herds of Cattle but none of the biggest size Here are also red Deer abundance of Conies and Fowl of sundry sorts In a little adjacent Island called the Isle of Calf is abundance of Puffins a sort of Sea Fowl that breeds in Cony-holes chiefly used for their Feathers and Oyl made of them But their Flesh being pickled or salted as it has a Fish-like taste so it comes little short of Anchoves And as for Fish both the Sea and Rivers yield great plenty of it It s chief Places are Douglas Laxi and Ramsâ—y on the East Shore Rushin on the South and Peel with its strong Castle on the West Shore 'T was about the Year 1340 that this Island was conquered from the Scots by William Montacute Earl of Salisbury who was thereupon honoured with the Title of King of Man Afterwards it was sold to the Lord Scrope who being convicted of Treason forfeited it to the Crown Henry IV. gave it to Henry Pierce Earl of Northumberland the last that kept it with the Title of King But he proving also false to his Sovereign the King gave it to William Lord Stanley whose Grandchild Thomas Lord Stanley was created Earl of Derby In whose House this Estate has continued hitherto with the Title of Lord of Man though a King in effect For he has here all kind of Civil Power and Jurisdiction over the Inhabitants and the very Nomination of the Bishop of Man but still under the Fief and Sovereignty of the Crown of England And as to the Bishop he must be presented to the King for his Royal Assent then to the Archbishop of York for his Consecration Which is the Reason why the Bishop of Man is no Lord of Parliament none being admitted to that Honour but such as hold immediately of the King himself Derbyshire DERBYSHIRE or as some spell it DARBYSHIRE an Inland County is bounded on the East by Nottinghamshire on the West by Cheshire and Staffordshire on the North by Yorkshire and on the South by Leicestershire And it lies so in respect to the rest of ENGLAND that the South Parts of this County are in a manner the Center of it It is in Length from North to South about 34 miles and in Breadth from East to West 16. The Whole divided into six Hundreds wherein 106 Parishes and 10 Market Towns The Temperature of the Air of this County is very wholsom as most of the Inland Counties are Next to the River Trent wherewith the South Parts of it are irrigated that of chief note is Derwent which crossing the Country from North to
Kings and then a Place of larger extent than now it is Near the River stand the broken Walls of an old large Castle and in the midst of the Town is a Church the West-end whereof made of arched Work and imbowed over Head seems to be very ancient In short the Town is beautifull well frequented and full of fair Inns. It contains 3 Parish Churches and its Market which is on Saturdays iis well served with Corn and other Provisions As for honourary Titles the first that had any from hence was Elizabeth Viscountels of Kynelmalky in Ireland Created Countess of Guilford during life by Charles II. Anno 1660. Then in the Year 1671. the same King conferred the Title of Earl of Guilford upon John Maitland the late Duke of Lauderdale in Scotland And after them Francis North Lord Keeper of the Great Seal was advanced to the Peerage by being made Lord Guilford The other Market-Towns are Southwark Sat. Kingston Sat. Croydon Sat. Reygate Tue. Darking Thu. Farnham Thu. Ewel Southwark commonly pronounced Suthrick stands opposite to the City of London on the Banks of the Thames A Place which for number of Buildings and Inhabitants goes beyond most of the Cities in England But for its Streets and Buildings they are but ordinary except the broad Street which leads from the Bridge to St. George's Church A Street beautified with fair Buildings raised from the Ashes of frequent Conflagrations this Place has been afflicted with And here the Inhabitants drive a considerable Trade with the whole County this being the most convenient Place for the Surrey Carriers that come up for whose Accommodation here is Multitude of Inns. The principal Church here is that of St. Mary over Rey formerly a Priory of the B. Virgin Next to which is St. George's Church Here is also a famous Hospital called St. Thomas's Hospital founded by the Citizens of London for the Relief of impotent Persons The King's Bench and the Marshalsea are two other noted Places and but too well known to many To which add the Bear-Garden where Prizes are fought and the common People diverted with the Fighting of Dogs with Bears and Bulls In short though this Place be counted Part of London and under the Lord Mayor's Jurisdiction yet it does still injoy several of its ancient Priviledges peculiar to it self as holding of Courts within themselves and electing of Members of Parliament c. And because it lies in Surrey as London does in Middlesex I thought it not improper to bring iâ— into this List Kingston is situate ten Miles South-West from London on the Banks of the Thames over which it has a Bridge leading into Middlesex A Town heretofore famous for the Coronation of the Monarchs of the English Saxons whence it had the Name of Kingston or Kings Town whereas before it went by the Name of Moreford And for Distinctions-sake 't is called Kingston upon the Thames to difference it from Kingston upon Hull in Yorkshire A Place in former times well known for its Castle belonging to the Clares Earls of Glocester And as for its present State 't is yet a goodly Town well accommodated with Inns for the Reception of Strangers and of late something advantaged by the King's Residence in Summer at Hampton-Court in its Neighbourhood as it is by the County-Assizes which are frequently held here Croydon is a long Town ten miles South from London Seated near the Spring-head of the Wandle which falls into the Thames at Wandsworth and in a manner begirt with Hills well cloathed with Wood affording good Game to the Hunter and furnishing London with great store of Charcoal This Town has but few good Buildings the Houses in it being for the most part but mean and ordinary But it has the advantage of being graced with a fine large Church set out with a lofty Steeple and with a Summer-Pallace of the Lord Archbishop of Canterbury Accommodated besides with an Hospital for the Relief of the Poor and a Free School for the Education of Youth From this Town to Farnham runs the Downs called Banstead Downs so noted for Hawking Hunting and Horse-racing And near the Town is a Bourn or Stream the Rising whereof has been sometimes observed to have been a Fore runner of some publick Calamity Reygate a good large Town is seated in the Vale called Holmes Dale and is now of chief note for the great plenty of excellent Fullers Earth which is digged up in its Neighbourhood Here is an ancient but ruinated Castle with a long Vault under Ground and a large Room at the end of it where if the Story be true the Barons met in Council in their War against King John Near this Town several Battels have been fought against the Danes which proved fatal to them Darking is situate on a Branch of the River Mole Where at the foot of White-Hill on which grow plenty of Box-trees the said River runs under Ground for above a Mile and rises again near Norbury The Place where it falls in is therefore called the Swallow Farnham seems to take its Name from the great Store of Fern that grows in its Neighbourhood It ly's on the edge of Surrey towards Hampshire watered by the River Wey and graced with an Episcopal Seat the usual Residence of the Bishops of Winchester Here King Alfred with a small Power had the good fortune to overcome the Danes of whom he made a great slaughter As for Ewel all I have to say is that it is but very mean and inconsiderable Other Places of Note in this County Richmond among the rest deserves the precedency A fair large and well built Town seatupon an easy ascent on the Banks of the Thames Whose pleasant and healthfull Situation has invited so many of the Gentry to be its Inhabitants Here King Henry VII built a stately Pallace which with Nonsuch and Otelands two other â—oyal Pallaces in this County has felt the sad effects of the Civil Wars in the Reign of Charles I. Here died several of the dearest Princes that ever England had Viz. King Edward III the Conquerour of France the beautifull Ann Wife to King Richard the Second and Daughter to the Emperour Charles the fourth the most wise Prince Henry the Seventh and the Wonder of her Sex the famous Queen Elizabeth Lambeth situate opposite to Westminster is a large Parish of chief note for being the Residence of the Lord Archbishop of Canterbury where he has a fine Pallace And though it is counted unwholsom to live in yet it is well inhabited and the Skirts of it graced with many Gentlemens and Citizens Houses Here Canute the last Danish King ended his Days among his Cups From Lambeth Westward you will find along the River Battersea Putney Moreclack three goodly Towns and at some distance from the River Newington Clapham and Wandesworth This last on the River Wandle which drives several Mills imploy'd by Londoners and of late much improved by the French Protestants that have
Democracy for ever all the World know's No Stone was left unturned and what came of it As soon as ever Opportunity served the very Presbyterians themselves joyned with the Royalists to bring in the exiled King and re-establish the ancient Government So soon the Nation grew sick of the Commonwealth and so strong was then the Current for Monarchy that without the shedding of a drop of Bloud the first was in a manner hissed out of the Nation and Monarchy restored with the greatest Pomp and Joy imaginable I set aside the Zeal of our English Clergy for Monarchy and their Influence upon the Laity The great Number alone of our Nobility and Gentry with their proportionable Ascendent upon the People makes me look upon it as a moral Impossibility for Commonwealth-Government ever to prevail here 'T is well known the Genius of Commonwealths is for keeping down the Nobility and extinguishing all those Beams of Royalty Therefore as 't is their Interest so I suppose it will be their Care to stick to Monarchy CHAP. VII Of the KING of ENGLAND And first of his Dominions Titles Arms his Ensigns of Royalty and Marks of Sovereignty THE King of England is otherwise called King of Great-Britain as being the sole Sovereign and supreme Head of this great and famous Island containing the two Kingdoms of England and Scotland besides the Principality of Wales Which Principality was first united by Conquest to the Crown of England Anno 1282 by King Edward I. Who overcame and slew in Battel Llewellen the last Sovereign Prince of Wales of the Race of Cadwallader the last King of the Britains After the Conquest thereof he took all the provident Care imaginable to secure it to the Crown but the Welsh seldom contained themselves within the bounds of true Allegiance till the Reign of Henry VII who was extracted from the Welsh Bloud In whose Successor's Reign Henry VIII they were made by Act of Parliament one Nation with the English subject to the same Laws capable of the same Preferments priviledged with the same Immunities and inabled to send Knights and Burgesses to the English Parliament So that the Name and Language only excepted there is now no Difference between the English and Welsh A very happy Union Scotland was also brought into Subjection by the same King Edward so that he received Homage of its King and Nobility and had there his Chancery and other Courts under a Viceroy But with much strugling they recovered at last their Liberty and set up a King of their own Robert Bruce who had the luck to be confirmed in it by the Defeat given to Edward II one of our unfortunate Kings 'T is true his Son King Edward III a most virtuous and valorous Prince changed the face of Affairs in Scotland and brought again the Scots to Obedience Insomuch that he excluded David the Son of Robert Bruce from the Crown then forced to fly into France and restored the House of Baliol to the Kingdom in the person of Edward Son of King John Baliol. Who upon his coming to the Crown did Homage to this King Edward as his Father had done to King Edward I. But 't was not long before the Scots quitted again their Subjection and Vassalage to the Crown of England the Roll of Ragman being treacherously delivered into their hands by Roger Mortimer Earl of March Which Roll contained a Confession and Acknowledgement of the Estates of Scotland subscribed by all their Hands and Seals whereby they owned the Superiority of the Kings of England not only in regard of such Advantages as the Sword had given them but as of their original and undoubted Right But setting aside this point of Vassalage the Kings of England are Kings of Scotland by a better Title For King James VI of Scotland and the first of England succeeded Q. Elizabeth in the Realm of England as the next Heir to the Crown Anno 1602 being descended by Mary Queen of the Scots his Mother from Margaret the eldest Daughter of Henry the VII King of England and Wife to James IV of Scotland And here the Wisdom and prudent Foresight of Henry is very remarkable Who having two Daughters bestowed the Eldest contrary to the Mind of his Council on the King of Scots and the younger on the French King that if his own Issue Male should fail as it did by the Death of his Grandson King Edward VI and that a Prince of another Nation must inherit England then Scotland as the lesser Kingdom should depend upon England and not England wait on France as upon the greater In which Succession of the Scots to the Crown of England the Prophecy of the fatal Stone received accomplishment I mean the Stone which the Scots lookt upon as their Palladium kept at Scone in Scotland the usual Place for the Coronation of the Scotish Kings upon which they received their Crown till the Removal of it unto Westminster by King Edward I. The Verses of old ingraven upon this Stone run thus Non fallat Fatum Scoti quocunque locatum Invenient Lapidem regnare tenentur ibidem Translated in old Meeter thus The Scots shall brook that Realm as natif Ground If Weirds fail not where ere this Stone is found Thus the Scots so often quelled and curbed by the English never subdued England but by this blessed Victory Ever since this happy Union Scotland has been deprived of its Kings Residence there who changed the worse Seat for the better But under the King there is a chief Governour appointed by his Majesty the Lord High Commissioner of Scotland who by that Title injoys the ordinary Power and Authority of a Viceroy In this manner Scotland has continued to this day a separate Kingdom governed by its own Laws 'T is true there have been several Attempts made to unite it into one Kingdom with England as Wales was by Henry VIII But hitherto they proved unsuccesfull So far we have cleared in few Words by History the whole Isle of Great Britain to the King of England with the numerous Islands about it the principal of which are the Isles of Shepey Thanet Wight Anglesey and Man The next that offers it self is the Kingdom of Ireland a great Part whereof was Conquered by the English about the Year 1172. in the Reign of Henry II and the Occasion thus Ireland being then divided amongst several â—petty Kings the King of Leinster was by the King of Meath driven out of his Kindom He fled to England for Refuge where applying himself to King Henry Henry resolved to attempt his Restauration which he did effectually and in the doing of it brought the best part of the Island under the English Subjection King John the Younger Son of Henry was the first who was Intituled Lord of Ireland Which Stile was granted him by Pope Urban III and continued to his Successors though in effect Kings thereof till the Year 1542 when Henry VIII was declared in an Irish Parliament King of
Ireland as a Name more sacred and replete with Majesty But the English never made a full and entire Conquest of that Kingdom till the latter end of Queen Elizabeths Reign upon the great Defection of the Irish Which ended in a total Overthrow of the Rebels then under the Conduct of Hugh O Neal Earl of Tiroen and the consequence of it according to the Rule That every Rebellion when 't is suppressed does make the Prince stronger and the Subjects weaker Which I hope will be the effect of the present Rebellion in that Kingdom But besides Great Britain and Ireland the King of England is possessed of Jersey Garnsey Alderney and Sark four Islands of good note especially the two first on the Coast of Normandy in France The same are holden in right of that Dukedom which was Conquered by Henry I of England and continued English till the Days of King John when Philip II of France surnamed Augustus seized on all the Estates the English had in France as Forfeitures Anno 1202. And since the French seized upon Normandy they have often attempted Jersey and Garnsey but always with repulse and loss So affectionate are the People to the English Government and jealous of the Priviledges they injoy under it which they could not hope for from the French In America the King of England is possessed of New-England Virginia Mary-Land New York Pensylvania Carolina and Hudsons-Bay Besides many noted Islands as New-found Land Jamaica Bermudos Barbados and amongst the Leeward Islands Nevis Antego Montserat Anguilla c. In Asia he has the Isle of Bombay near Goa which was Part of the present Queen Dowagers Portion besides Conveniencies for Traffick in India China and the Levant The same he has upon the Coast of Africk The King of England has a Claim besides to the Sovereignty of all the Seas round about Great Britain and Ireland and all the Isles adjacent even to the Shores of all the Neighbouring Nations Therefore all Foreiners Ships have anciently demanded Leave to Fish and to pass in these Seas and to this day lower their Top-Sails to all the Kings Ships of War Our Law faith the Sea is of the Liegeance of the King as well as the Land And accordingly Children born upon our four Seas as sometimes it does happen are accounted natural born Subjects of the King of England without being naturalized The King of England has moreover a Title to the Kingdom of France First Challenged by King Edward III as Son and Heir of Isabel the Daughter of King Philip the Fair and Sister of Lewis IX Philip V and Charles the Fair who reigned successively and died without Issue Male. To prosecute which Title he entred into France with an Army took upon him the Title of King of France and caused the Flower de luces to be quartered with the Lions of England which has been continued ever since amongst all his Successors The French opposing his Title by virtue of a pretended Salique Law disabling Women from the Succession to the Crown he overthrew in two great Battels with a small Force under the Conduct of the incomparable Edward the Black Prince his Son Duke of Aquitain Those were the Battels of Cressy and Poitiers the first being fought Anno 1343 in the Reign of Philip VI surnamed de Valois and that of Poitiers in the Reign of his Son King John who was taken Prisoner with Philip his Son and brought over into England But such is the Vicissitude of Humane Affairs that the English soon after lost all they had got in these Wars Calais excepted For Charles V of France the Son of John proved too hard for Richard II of England one of our unfortunate Kings the next Successor of King Edward III and his Grandson by Edward the Black Prince But Henry V his next Successor but one did so far pursue the Title of France that he won it after he had won the great Battle of Agincourt which happened Anno 1415. The Opportunity was great whether we consider the Weakness and distracted Condition of Charles VI then King of France or the very Distraction of the Kingdom at that time occasioned by the Faction of Burgundy against that of Orleans So that being sought to for Peace he granted it with these Conditions that upon his Marriage with the Lady Catharine Daughter to King Charles he should be made Regent of France during Charles his Life and after the Death of Charles the Crown of France and aâ—â— its Rights should remain to King Henry and his Heirs for ever which was agreed to â—n â—oth sides And though Henry did not live â—o possess the Kingdom yet his Son Henry VI â—ad the fortune to be Crowned King of France in Paris which he held during the life of his Uncle John of Bedford anâ— Humfrey of Gloâ—ester After whose Deaths he not only lost France to the French but England and his Life to the Yorkish Faction Thus Charles VII Son of Charles VI after 〈◊〉 long and bloody War recovered from the English then divided at Home all their Possessions in France except Calais Which last remained under the English till Queen Maries Reign and was taken from her by Henry II of France And ever since Things have remained much in the same Posture the Kings of England with the Title to France and the French Kings with the Possession Nay we have had two Kings of late so passionately inamoured with the present French King that far from attempting to take the least Flower of his Crown from him have promoted his Greatness and encouraged his Rapines and unjust Usurpations The Scope whereof at last appeared to be no less than the Inslaving this Nation with the Assistance of France and far from raising the Glory of the English to make them an Object of Scorn and Contempt to the World But now we are blest with a wise just and magnanimous King three Vertues that have been long absent from the Throne of England we may hope shortly to see France if not Conquered again at least so humbled and weakened that it shall not be in her power to insult and incroach upon her Neighbours as she has in our Time to the Ruin and Desolation of the best Part of Europe 'T was a notable if not Prophetick Answer which an Englishman made to a French Officer who after the English had lost France asked him in a scoffing manner When they would return thither Wheâ— your Sins says he â—â—re greater than ours As baâ— as this Nation 〈◊〉 been 't is apparent the French have far outdone us in their Pride and Lewdness Cruelties and Usurpations So that I hope from the Disposition of the present Affairs of Europe the Time is come for France to give an Account thereof to God and Man I come now to the King of England's Titles which run thus at present joyntly with Queen Mary William and Mary by the Grace of God King and Queen of England Scotland France and Ireland
Defenders of the Faith Which last Title was given by Pope Leo X to King Henry VIII for a Book written by him against Luther in Defence of some Points of the Romish Religion and afterwards confirmed by Act of Parliament for Defence of the ancient Catholick and Apostolick Faith as it is now professed by the Church of England Whereas the King of France is called Most Christian and the King of Spain Most Catholick The Title of Majesty came not into use in England till the Reign of Henry VIII Instead whereof the Title of Grace now appropriated to the Dukes and the two Archbishops was given to former Kings and that of Highness to the foresaid King Henry till the Word Majesty prevailed When we speak to the King the Word Sir is often used besides Your Majesty according to the French Sire which is likewise applied â—o that King For the King's Arms or Ensigns Armorial He â—ears in the first place for the Regal Arms of â—rance Azure 3 Flower de luces Or quarterâ—d with the Arms of England which are Gules 〈◊〉 Lions passant Gardant in pale Or. In the seâ—ond place for the Royal Arms of Scotland a â—ion rampant Gules within a double Tressure â—unter flowred de luce Or. In the third place or Ireland Azure an Irish Harp Or stringed â—rgent In the fourth place as in the first To which has been added since the present King's â—ccession to the Crown another Lion in the â—iddle thus blazoned Azure a Lion rampant â—r between an Earl of Billets Or. And all this within the Garter the chief Enâ—gn of that Order above which is an Helmet â—swerable to his Majesties Sovereign Jurisâ—iction and upon this a Mantle The Mantle 〈◊〉 Cloth of Gold doubled Ermin adorned with 〈◊〉 Imperial Crown and surmounted for a Crest 〈◊〉 a Lyon Passant Gardant Crowned with the â—â—ke The Supporters a Lyon Rampant Gardant 〈◊〉 Crowned as the former and an Vnicorn Arâ—â—t Gorged with a Crown thereto a Chain afâ—ed passing between his Fore-legs and reâ—xed over his Back Or. Both standing upon Compartment placed underneath and in the â—ce of the Compartment this Royal Motto â—en mon Droit that is God and my Right â—hich Motto was taken up by Edward the â—ird when he first claimed the Kingdom of â—ance Who also gave the Motto upon the â—â—ter Honi soit qui mal y pense that is Shame to him that evil thereof thinketh The Arms of France are placed first as being the greater Kingdom and perhaps thereby to induce the French the more easily to owâ— the English Title The Ensigns of Royalty such as Crowns Scepters Purple-Robe Golden-Globe and Holy Vnction the King of England has them all And so he has all the Marks of Sovereignty As the Power of making Treaties and League with forein States of making Peace or Waâ— of sending and receiving Ambassadours Creating of Magistrates Convening the Parliament of Adjourning Proroguing and Dissolving the same when he thinks fit of conferring Title of Honour of pardoning some Criminals oâ— Coyning c. All which Marks of Sovereignty are by Law lodged in the Crown Accordingly the King of England without the Concurrence of his Parliament levies Meâ— and Arms for Sea and Land-Service and may if need require press Men for that purpose He has alone the Choice and Nomination of aâ—â— Commanders and Officers the principal Direction and Command of his Armies and thâ— Disposal of all Magazines Ammunition Castles Forts Ports Havens Ships of War The Militia is likewise wholly at his Command And though he cannot of himself raise Mony upon his Subjects without his Parliament yet he haâ— the sole Disposal of publick Moneys In the Parliament He has a Negative Voice that is he may without giving any Reason for it refuse to give his Royal Assent to anâ— Bill though passed by both Houses of Parliâ—ment and without his Assent such a Bill 〈◊〉 but like a Body without Soul He may at 〈◊〉 pleasure increase the Number of the House 〈◊〉 Peers by creating more Barons or summoning thither whom he thinks fit by Writ and of the House of Commons by bestowing Priviledges on any other Town to send Burgesses to Parliament He has the Choice and Nomination of all Counsellours and Officers of State of all the Judges Bishops and other high Dignities in the Church In short the King is the Fountain of Honour Justice and Mercy None but the King has the Sovereign Power in the Administration of Justice and no Subject has here as in France Haute Moyenne basse Jurisdiction that is High Mean or Low Jurisdiction So that the King only is Judge in his own Cause though he deliver his Judgement by the Mouth of his Judges By Him is appointed the Metal Weight Purity and Value of Coyn and by his Proclamation he may make any forein Coyn to be lawful Mony of England So tender is the Law for the Preservation of his Sacred Person that without any overt Act the very Imagining or intending the Death of the King is High Treason by Law And though by Law an Idiot or Lunatick Non Compos Mentis cannot commit Felony nor any sort of Treason yet if during his Idiocy or Lunacy he shall Kill or go about to Kill the King he shall be punished as a Traytor In point of Physick by an ancient Record it is declared That no Physick ought to be administred to the King without a Warrant signed by the Privy Council by no other Physician but what is mentioned in the Warrant and the Physicians to prepare it themselves with their own hands If there be occasion for a Surgeon he must be likewise authorized by a Warrant And such is the Honour and Respect the King of England receives from his Subjects that 〈◊〉 Prince in Christendom receives more Homage Not only all Persons stand bare in his presence but even in his absence where he has a Chaiâ— of State All People at their first Address kneel to him and he is at all times served upon the Knee 'T is true the King of England is not free to act contrary to or to dispense with the known established Laws Neither can he of himself repeal a Law or make any new Law without the Concurrence of both Houses of Parliament A happy Impotency both to King and People For whilst the King keeps within the Bounds of the Law he can do no Wrong and the People can receive no Harm Had the late King but acted accordingly he might have been a most glorious Monarch instead of being now a general Object of Pity Far from being necessitated to creep under the shelter of a Proud Monarch he might have been a Curb to his Pride and the Refuge of many Nations that suffered Fire and Sword to advance what he called his Glory Three Crowns at once are too great a Sacrifice not to God but to a Mercenary Crew of Priests and Jesuits Tantum Religio potuit suadere Malorum As to the Rank and Reputation
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 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
King Who in such Case usually make choice of such a Person among the Nobility as is fit for that Station whose private Interest is to preserve the Kings Life and Authority and to whom least benefit can accrue by his Death or Diminution Thus in the Case of Edward VI the Duke of Somerset his Uncle by the Mothers side was made Lord Protector during the Kings Minority And when this Rule has not been observed as in the Minority of Edward V it has proved of very ill consequence But this is observable withall that when thâ— King comes to be 24 Years of Age he may bâ— his Letters Patents under the Great Seal aâ—cording to a Statute made in the Reign of Heâ—ry VIII revoke and utterly null whatsoeveâ— has been Enacted in Parliament during his Mâ—nority When the King was Absent upon any so reign Expedition as several of our Kings have been with good success the Custom was for merly to constitute a Vicegerent by Commission under the Great Seal with the Titâ— of Lord Warden or Lord Keeper of the Kingdom and sometimes that of Protector And such was the Latitude of his Power that except wearing of the Crown he was as great aâ— the King But sometimes the Kingdom durinâ— the King's Absence has been committed to thâ— Care of several Noblemen During the Absence of Henry VIII in France which hapned two several times the Queeâ— was made Regent And so is at this time oâ—â— Gracious Queen Mary during his Majesties so reign Expedition So in case of the Kings Incapacity to govern either through Age or Weakness or by reason of some Incurable Disease a Gardian 〈◊〉 Regent is constituted to govern the Kingdom for Him Such a one was John Duke of Lâ—â— caster in the latter Days of King Edward 〈◊〉 appointed by the King himself who then what with Age and Weakness what with Sickness and Grief for the untimely Death of 〈◊〉 dear Son the Black Prince was much decayâ— both in Body and Mind I come now to the Succession to the Crâ—â— Which is not in England as in France Turâ—â— and amongst Barbarians by excluding Females from the Crown For the Crown of England in its natural Course descends from Father to Sâ—n for want of Sons to the eldest Daughter and her Heirs for want of Daughter to the Brother and his Heirs for want of Brother to the Sister and her Heirs In short upon the Death of the King or Queen upon the Throne the next of Kindred though born out of the Dominions of England or of Parents not Subjects of England is immediately King or Queen before any Proclamation or Coronation And contrary to the Descent of Estates among Subjects the Half Blood inherits as in the Case of Queen Mary and Queen Elizabeth who succeeded King Edward the Sixth though they were his Sisters only by the Father's side But the Government being lately Dissolved by King James his Misgovernment as well as Abdication the Crown was settled in this manner by the Lords Spiritual and Temporal and Commons assembled at Westminster in the Month of December Anno 1689. First upon William and Mary then Prince and Princess of Orange during their Lives and the Life of the Survivor of Them but the sole and full Exercise of the Regal Power to be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives And after their Deceases the said Crown and Royal Dignity to be to the â—eirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body And for default of such Issue to the Heirs of the Body of the said Prince of Orange Upon which the said Prince and Princess now King and Queen of England c. did accept thâ— Crown and Royal Dignity of the Kingdoms oâ— England France and Ireland and the Dominions thereunto belonging And for preventing all Questions and Divisions in this Realm by reason of any pretended Titles to the Crown and for preserving a Certainty in the Succession thereof the Settlement of the Crown as aforesaid was Confirmed by an Act of the Insuing Parliament which passed the Royal Assent Dec 16. 1689. With this excellent Proviso That Whereas it hath been found by Experience that it is Inconsistent with the Safety and Welfare of this Protestant Kingdom to be Governed by a Popisâ— Prince or by any King or Queen Marrying Papist all and every Person and Persons thaâ— is are or shall be Reconciled to or shall holâ— Communion with the See or Church of Rome or shall profess the Popish Religion or shalâ— Marry a Papist shall be Excluded and be soever Uncapable to Inherit Possess or Injoy thâ— Crown and Government of this Realm and Ireland and the Dominions thereunto belonâ—ing or any Part of the same or to Have Usâ— or Exercise any Regal Power Authority or Jâ—risdiction within the same And in all and 〈◊〉 very such Case or Cases the People of theâ— Realms shall be and are hereby Absolved 〈◊〉 their Allegiance and the said Crown and Government shall from time to time Descend 〈◊〉 and be Injoy'd by such Person or Persons â—â—ing Protestants as should have Inheritâ—â— or Injoyed the same in case the said Pâ—â—son or Persons so Reconciled holding Coâ—munion or Professing or Marrying as afoâ—â—said were naturally Dead By which Act further Confirmed and Asserted by the Act of Recognition passed in the last Session of Parliament the Crown is by Law for ever Insured into Protestant Hands and all Pretence of Popish Succession Nulled and Invalidated CHAP. XI Of the Royal Family Particularly of the Queen and the Sons and Daughters of England THe Queen of England is either a Sovereign or Queen Consort or else Queen Dowager When the Queen is Sovereign as were Queen Mary and Queen Elizabeth the two Daughters of Henry VIII and Sisters of Edward VI. he is invested with all the Regal Power and â—cts as Sovereign And whoever she does marry â—o far from following her Husbands Condition â—he is her Husbands Sovereign as Queen Mary â—as Philip's The Case indeed of our present Queen Mary is â—ifferent She is a Sovereign joyntly with her â—usband King William but the Administration 〈◊〉 the Government and the sole Executive Power â—â—lodged only in the King during their Joynt â—â—ves Except the Time of his Majesties Absence 〈◊〉 his foreign Expedition during which Her â—jesty is Vested by a late Act of Parliament with the Administration and acts as Queen Regent A Queen Consort without Sovereignty is Reputed however the Second Person in the Kingdom and Respected accordingly The Law sets so high a value upon Her as to make it High Treason to conspire her Death or to violate her Chastity She has her Royal Court and Officers apart with a large Dower to maintain her Greatness And though she be an Alien born yet without Denization or Naturalization she may purchase Lands in
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
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-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
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
a King De Jure and a King De Facto But those Diseases I thank God are not so Epidemical as to indanger a Convulsion in the State There are excellent and approved Remedies for them in the Pastoral Letter of the present Bishop of Salisbury and in the Collection of Papers but particularly in the late Book put out by that eminent Divine Dr. Sherlock to which for brevity sake I referâ— the Diseased But if Reason cannot Time I hope will wear out their Distempers And so I bid them Farewell CHAP. XV. Of the present KING and QVEEN's Court. THeir Majesties Court is composed of two distinct Bodies one of Laymen another of Churchmen I shall begin with the first not out of any Disrespect to the second but because this seems to me the most proper and natural Method The Court-Laymen are subdivided into two distinct Parts Civil and Military But before we descend to Particulars 't is to be observed I. That the Court wherever it is has within it self a certain Latitude of Jurisdiction called the Verge of the Court which is every way within 12 miles of the chief Tunnel of the Court except London which is exempted by Charter II. That the King's Court or Pallace where is Majesty resides is counted so sacred a Place â—at not only Striking of any one there in â—assion is severely forbidden but also all Ocâ—asions of Striking The first by the ancient â—aws of England was punished with Death â—â—d Loss of Goods And to this day whoâ—â—er presumes to strike another within the Palâ—ce where the King's Person resides and does 〈◊〉 draw blood by his Stroke is liable â—thout His Majesties Pardon to lose his right Hand to be Fined at the King's Will and ly in Prison till the Fine be paid And further to deter any one from presuming to Strike in the King's Court the Punishment for it is executed with great Ceremony III. That as great as the Court is yet it falls much short of what it has been formerly whether we consider the prodigious Plenty the Court lived in or the Greatness of the Houshold The Diminution whereof was first occasioned by the Troubles in the Reign of Charles I continued by Charles his Son and made greater by the late King James Before the Troubles aforesaid this Court went far beyond all others in Plenty and Magnificence no less than 86 Tables being kept here furnished in all with about 500 Dishes each Meal with all Things sutable A Profuseness I confess becoming the Times when the English were more addicted to Feasting than they are at present But to come to the present State of the Court the King's Houshold is managed in chief by these three principal Officers whose respective Salaries I have annexed Viz.  Wages Board-wages The Lord Steward 100 00 00 1360 00 00 The Lord Chamberlain 100 00 00 1100 00 00 The Master of the Horse 1200 00 00  Under whom are almost all the King's Officers and Servants The Lord Steward is the Principal Officer oâ— the King's Houshold To whom the State oâ— the House is committed to be ruled by hiâ— Discretion and all his Commands in Court to be obeyed and observed His Authority reaches over all Officers and Servants of the King's House except those of the King's Chamber the Stable and the Chappel He is a White-Staff Officer and the White-staff is taken for a Commission In the King's Presence he holds it up in his hand and at other times when he goes abroad 't is carried by a Footman bare-headed Upon the King's Death he breaks his Staff over the King's Herse and thereby discharges all Court-Officers under him By his Office without any Commission he judges of all Treasons Murders Felonies and Bloudsheds committed in the Court or within the Verge Which is much for the King's Honour that where His Majesty is no Justice should be sought but immediately from his own Officers At the beginning of Parliaments he attends the King's Person and at the end he adjusts the Parliament Expences c. To take the Accounts for all Expences of the King's Houshold there is a Place at Court called the Compting-House And in this House is kept that ancient Court of Justice called the Green Cloth of a Green Cloth whereat the Court sits The Officers that sit in the Compting-House and at the Board of Green Cloth with their respective Salaries are Besides the Lord Steward in chief  Wages Board-wages The Treasurer and Cofferer of the Houshold 223 14 08  The Comptroller 107 17 06 1092 02 06 The Master of the Houshold 66 13 04 433 06 08 Two Clerks of the Green Cloth and Two Clerks Comptrollers each 44 06 08 455 13 04 Amongst which the Lord Steward the Treasurer and the Comptroller are usually of the King 's Privy Council and the two last are also White-Staff Officers Their Office in the Compting House is there to sit day by day to take as I said before the Accompts for all Expences of the King's Houshold to make Provisions for it to make the Payments and such Orders as they think fit for the Servants In short to Them is committed the Charge and Government of the King's House with Power to correct all the Servants therein that shall any way offend and to keep the Peace not only within it but within the Verge of the Court. And whereas the King's Servants are free from Arrest the Creditors of such as are backward to pay have no other way for Payment but to make their application to the Board of Green Cloth which upon hearing of the Matter take care to see Justice done to the Creditors In the Lord Steward's Absence the Treasurer has power with the Comptroller and Steward of the Marshalsea by virtue of their Office and without Commission to hear and determine Treasons Felonies and other Crimes committed within the King's Pallace and that by Verdict of the King's Houshold And if any Servant within the Check-Roll be found guilty of Felony he is incapable of the Benefit of the Clergy The Comptroller's Office is to Comptrol the Accounts of the Green Cloth The Cofferer pays the Wages to the King's Servants above and below Stairs and for the Houshold Provisions according to the Allowance and Direction of the Green Cloth He has also a particular Charge and Oversight of the inferiour Officers of the King's House The Master of the Houshold surveys the Accounts of the House The Clerks of the Green Cloth sum up all Bills of Comptrolment Parcels and Brievements And the two Clerks Comptrollers do let and allow them But besides the foresaid Officers belonging to the Compting House and Green Cloth there are inferiour Officers and Servants relating to the same Viz.  Per Annum  Wages Board-wages Two Yeomen each 05 00 00 73 00 00 Two Grooms each 02 13 04 54 15 00 A Messenger 02 13 04 37 06 08 In the inferiour Offices below Stairs all under the Lord Steward there is
in Yorkshire Tinmouth Castle in Northumberland and Holy Island near the Coast of that County S. Maries Castle among the Isles of Scilly Pendennis in Cornwal and Portland Castle in Dorsetshire Besides the Islands of Jersey and Garnsey on the Coast of Normandy The Number of Men in each of those Garrisons is uncertain for it is greater or lesser as Occasion serves Most of them are unregimented Companies These together with the Royal Guards being the standing Land-Forces in Their Majesties Pay there is for the Paying of them first a general Officer called the Pay-Master General who has several Clerks under him Next is the Commissary General of the Musters who has a Deputy Commissary in London besides eight other Deputy-Commissaries who have their distinct Circuits in the Country for Mustering the Forces which lye in the several Garrisons There is also a Secretary at War with several Clerks and a Messenger under him Which three considerable Offices are kept at the Horse-Guard Moreover there is a Judge Advocate a Scout-Master General an Adjutant General and a Marshal of the Horse besides a Chirurgeon General Amongst Their Majesties Land Forces we may reckon the Militia or Train Bands of every County as being wholly at the King's Disposal and bound to Assist Him upon all Occasions within the Bounds of the Realm In Queen Elizabeth's Time a general Muster was made by her Order of all Men able to bear Arms from the Age of 16 to 60 who then amounted to three Millions of Men whereof six hundred Thousand fit for War But in Time of Peace the Matter is so regulated that there is not above one hundred thousand Horse and Foot actually Inrolled for the Defence of the Realm The Management whereof is in the hands of the Lord Lieutenants of the several Counties of England who are usually of the principal Rank amongst the Peers of the Realm chosen for that purpose by the King and so created by his Commission They have Power by Act of Parliament to charge any Person with Horse Horsemen and Arms that has 500 l. a Year or 6000 l. personal Estate and with a Foot Souldier any Person that has 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together either to find a Horse and Horseman or a Foot Souldier according to their Estates They have also Power to Arm Array and Form the Forces into Companies Troops and Regiments and to make their Officers by giving them Commissions and upon any Rebellion or Invasion to lead and imploy the Men so Armed within their respective Counties or into any other County as the King shall give Order They name their Deputy Lieutenants and present them to the King for his Confirmation Who are to be of the principal Gentry of the Country and have the same Power as the Lord Lieutenant in his absence To find out Ammunition and other Necessaries there is a Tax of 70000 l. a Month upon the whole Kingdom whereof the Lord Lieutenants or Deputies or any three or more of them may levy a Fourth Part of each Mans Proportion in it And when occasion shall be to bring the Militia into actual Service the Persons so charged are to provide each Souldier respectively with pay in hand for a Month at the rate of 2 shill a Day for a Horseman and 12 pence for a Foot Souldier For Repayment of which Mony and the satisfaction of the Officers for their Pay during the time aforesaid Provision is to be made by the King out of the publick Revenue and till the same be actually performed none can be charged with another Months Pay These Forces are always to be in readiness with all Things necessary at the beat of Drum or sound of Trumpet to appear muster and be at certain times trained and disciplined Now to give speedy notice of an approaching Invasion there are all over England high Poles erected upon eminent Places both Inland and Maritime with Pitch-barrels fastened on the Top known by the name of Beacons Which being set on fire one by the sight of another the whole Kingdom has thereby notice in few Hours of the approaching Danger Whereupon the Militia to secure the Kingdom makes haste to the Sea-Coasts As for the present Army which God has lately blest with a glorious Victory carrying with it the Reduction of Ireland and I hope a Fate upon France it was lately Computed to be near Fifty thousand strong Horse Foot and Dragoons consisting of English Irish French Danish and Dutch Forces I wish for the satisfaction of the Reader that I could give a particular and exact Account of this brave and gallant Army But rather than do it imperfectly I beg the Reader 's leave to decline it And so I come to the Maritime Power of England Which consists in general of about 130 Men of War besides Fireships Yachts Hulks Ketches Sloops Hays and Smacks and several other Vessels for Tenders and Victuallers The Men of War are divided into six Rates or Ranks Built in several Places but most at Woolwich Chatham Deptford Blackwall Harwich and Portsmouth The following List gives you the Names of them according to their Rates in the Alphabetick Order with the Year when they were built also the Number of Tuns Men and Guns each of them commonly carries abroad in Time of War Those whose Names be in the Roman Letter are the Thirty that were built by an Act of Parliament made in the Year 1676. First Rates Ships Built An. Tuns Men. Guns S. Andrew 70 1313 730 96 Britannia 82 1620 815 100 Charles 67 1229 710 96 Royal Charles 72 1531 780 100 Royal James 75 1422 780 100 London 70 1328 730 96 S. Michael 69 1101 600 90 Royal Prince 70 1403 780 100 Royal Sovereign  1605 815 100 Rebuilt     Second Rates Albemarle 81 1462 660 90 Catharine 64 1050 540 82 Coronation 85 1475 660 90 Duke 82 1546 660 90 Dutchess 79 1475 660 90 S. George 22 891 460 72 Neptune 83 1475 660 90 Ossory 82 1300 660 90 Rainbow 17 868 410 64 French Ruby  868 570 80 Sandwich 79 1395 660 90 Triumph 23 891 460 70 Vangard 78 1357 660 90 Victory Rebuilt 63 1029 530 82 Unicorn 33 823 410 64 Windsor Castle 78 1462 660 90 Third Rates Berwick 79 1089 460 70 Breda 79 1050 460 72 Burford 79 1174 460 70 Cambridge  941 420 70 Captain 78 1164 460 72 Defiance 75 881 420 70 Dreadnought 53 732 355 62 Dunkirk 51 662 340 60 Eagle 79 1057 460 70 Edgar 68 994 445 72 Elizabeth 79 1151 460 70 Essex 79 1068 460 70 Exeter 79 1070 460 70 Expedition 78 1057 460 70 Grafton 79 1184 460 70 Hampton Court 78 1105 460 70 Harwich 74 993 420 70 Hope 78 1058 460 70 Kent Rebuilt 79 1064 460 70 Lenox 78 1096 460 70 Lyon Rebuilt 58 717 340 60 Mary 49 777 355 62 Monk 59 703 340 60 Monmouth
Pounds Next to the Consecration of a Bishop follow his Installation by virtue of a Mandate from thâ— Arch-Bishop to the Arch-Deacon of his Prevince This is performed in the Cathedral Church upon any Day between the hours of nine and eleven in the presence of a publick Notary Wheâ— the Bishop elect or his Proxy which is most â—sual is introduced into the Cathedral by thâ— Arch-Deacon or his Proxy There he declaies iâ— the first place his Assent to the King's Supremacy and swears that unless he be otherwise Dispeâ—sed with he will be Resident according to thâ— Custom of that Cathedral and observe the Customs of the said Church and cause others to observe the same Whereupon the Arch-Deacon with the Petty-Canons and Officers of thâ— Church accompany the Bishop up to the Quinâ— and there place him in a Seat prepared for him between the Altar and the right side of the Quine Then the Arch-Deacon pronounces these Wordâ— in Latine Ego Authoritate mihi commissa Induco Inthronizo Reverendum in Christo Patrem Dominâ—â— N. N. Episcopum Dominus custodiat suum Introâ—tum Exitum ex hec nunc in saeculum c. Upon which Te Deum is sung and the Bishop in thâ— mean while conducted from his own Place 〈◊〉 the Dean's Seat where in Token of his takiâ— Possession he stands till Ye Deum and some â—ther Prayers be ended After Prayers the Bishop is conducted inâ— the Chapter-house and there placed on a hiâ— Seat Where the Arch-Deacon together with 〈◊〉 the Prebends and Officers of the Church coâ— before him and acknowledge Canonical Obeâ—ence to him Finally the publick Notary is 〈◊〉 the Arch-Deacon required to make an Insâ—â—ment declaring the whole Matter of Fact iâ— this Affair Afterwards the new Bishop is introduced into be Kings Presence to do his Homage for his â—emporalities or Barony Which he does by â—eeling down before the King sitting in a Chair â—f State by putting his Hands between his Maâ—sties Hands and by taking a Solemn Oath to â—e true and faithful to Him and that he holds is Temporalities of him After this he Compounds for the first Fruits â—f his Bishoprick that is agrees for his first â—ears Profits to be paid to the King within two â—ears or more if the King please When a Bishop is Translated from one Bishopick to another all the Difference there is in the â—ranslation from the manner of making a Biâ—op is that there is no Consecration And â—hen a Bishop is made Archbishop the Diffeâ—â—ce is only in the Commission which is directed 〈◊〉 King to four Bishops or more to Confirm 〈◊〉 Now there is this Difference between an Archishop and a Bishop that whereas a Bishops Caâ—â—ical Authority reaches no further than the â—unds of his Diocese the Archbishops Power â—tends it self over all his Province so that he 〈◊〉 Ordinary to all the Bishops thereof Accorâ—ingly the Bishop Visits only his Diocese but 〈◊〉 Archbishop Visits the whole Province The â—ishop can Convocate only a Diocesan but the â—rehbishop may Convocate a Provincial Synod The Bishop with other Priests does Ordain a â—riest but the Archbishop with other Bishops â—â—es Consecrate a Bishop 'T is Observable that several Bishops of Engâ—nd having large Bishopricks it was provided 〈◊〉 a Statute made in the Reign of Henry VIII â—at they should have a Power to Nominate â—me to the King to be with his Approbation Suffragan or Assistant Bishops in case that anâ— of them desired it for the better Government of his Diocese or easing himself of some part oâ— his Burden The Sees of those Suffragan Bishopâ— were only to be at Dover for the Diocese oâ— Canterbury at Nottingham and Hull for thaâ— of York For the Diocese of London at Coâ—chester of Durham at Berwick of Winchester in the Isle of Wight at Southampton and Guilford For the Diocese of Lincoln at Bedford Leicester Huntington and Grantham of Norwich at Theâ—ford and Ipswich of Salisbury at Shaftsbury Melton and Marlborough of Bath and Wells at Taunton of Hereford at Bridgenorth of Coventry and Lichfield at Shrewsbury of Ely at Cambridge of Exeter at S. Germans of Carlisle at Perith. Now for any one of the foresaid Places appointed for Suffragan Bishops Sees the respective Bishop of the Diocese presented two able Men whereof the King chose one These Suffragan Bishops had the Name Title and Dignity of Bishop and as other Bishops were Consecrated by the Archbishop of the Province They executed each of them such Power Jurisdiction and Authority and received such Profits as were limited in their Commissions by the Bishops or Diocesans whose Suffragans they were In these Bishops absence when they were either residing at Court to advise the King or imployed upon Embassies abroad the Suffragans usually supply'd their Places Whâ—â— in publick Assemblies took place next after the Temporal Peers of the Realm But since the Diocesan Bishops grew less Courtiers and more Residentiary the Suffragan Bishops began to be laid aside so that there have been none for many Years in the Church of England I come now to the Prerogatives Priviledges Bower Revenues and great Deeds of Bishops All the Bishops of England are Barons and Peers of the Realm and sit as such in the House of Lords They are the Spiritual Lords lookt upon as the Fathers or Gardians of the Church and therefore commonly stiled Right Reverend Fathers in God And as 't is usual in England for well-bred Children to ask their Parents Blessing Morning and Evening with one Knee upon the Ground so the true Sons of the Church looking upon the Bishops as their Spiritual Fathers commonly begin their Addresses to them by asking their Blessing in the same respectful manner Besides the Priviledges injoy'd by Bishops as Peers and therefore common with those of the Temporal Lords they have some peculiar Prerogatives and those of a high nature 'T is undeâ—iable that all Jurisdiction in England is inseparably annexed to the Crown And yet the Bishops Courts tho held by the King's Authority are not counted to be properly the King's Courts Therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the King's Name as all the King's Courts properly so called do And whereas in other Courts there are several Judges to each a Bishop in his Court judges and passes Sentence alone by himself A Bishop besides has this transcendent Priviledge that he may as the King does depute his Authority to another as to a Bishop Suffragan his Chancellour or Commissary Which â—one of the King's Judges can do Bishops in whatsoever Christian State they come their Episcopal Dignity and Degree is acknowledged and may as Bishops confer Orders c. Whereas no Temporal Lord is in Law acknowledged such out of the Prince's Dominions who conferred his Honour The Law of England attributes so much to the Word of a Bishop that not only in the Trial of Bastardy the Bishops Certificate shall suffice but also
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
72 Earls 9 Viscounts 65 Barons and 26 Spiritual Lords whereof 2 Arch-bishops and 24 Bishops But the King may by virtue of his Prerogative increase the Number of the Peers to sit and vote in their House as Barons by sending his Writs for that pupose to whomsoever His Majesty thinks fit for that Service The Lord Chancellor or Lord Keeper when there is one is of course the Speaker of this House Otherwise they may appoint any of their own Members or else one of the Judges for that Place as in the Case of their late Speaker the Right Honourable the Marquis of Hallifax and that of Sir Robert Atkins Lord Chief Baron of the Exchequer the present Speaker of the House of Lords Besides the first Wool-sack which is the usual Seat for the Lord Chancellor or Lord Keeper there are other Wool-sacks Upon which the Judges the Kings Council at Law and the Masters of Chancery not being Barons sit not to give their Suffrage but only their Advice when required thereto The Use of which Wool-sacks is probably to put them in mind of the great Advantages the English Wool has brought to this Nation so that it may never be neglected On the lowermost Wool sack are placed the Clerk of the Crown and Clerk of the Parliament The first being concerned in all Writs of and Pardons in Parliament and the other in keeping the Records of all Things passed therein Under this there are two Clerks who kneeling behind the Wool-sack write upon it Without the Bar of the House sits the Black Rod so called from a black Stick he carries in his hand who is as it were the Messenger of this House For he is imploy'd amongst other Things to call for the House of Commons to the House of Lords upon His Majesties Command and to his Custody are Committed all such Peers as the House things fit to Commit upon any Trespass Under him is a Yeoman Vsher that waits at the Door within a Crier without and a Sergeant at Mace always attending the Speaker The House of Commons otherwise called the Lower house is by much the greater Body of the two For as England consists of 40 Counties in which there are 25 Cities 8 Cinque-Ports 2 Universities and 168 Borough-Towns all which are Priviledged to send Members to Parâ—ament if we reckon two Members from each the Whole amounts to 486 Members To which adding 24 from Wales the Whole is 510. 'T is true there are three Boroughs in England each of which sends but one Member viz. Abington in Oxfordshire Higham-Ferrers in Northamptonshire and Bewdley in Worcestershire But these three wanting of the Number are made up by the City of London which sends four Members and by the City of Bath which sends three Of all this great Number many are usually absent upon Business or Sickness c. So that if they be three hundred met together 't is counted a pretty full House And if they be but forty Members in all they make a house This House representing the whole Commons of the Realm do's generally consist of the Flower of the Gentry some of them Noblemens Sons Privy Counsellors Courtiers Men learned in the Law Officers and Commanders Merchants c. but most of them Gentlemen of good Estates with the advantage of a liberal and genteel Education This is an aggregate Body from all Parts of the Nation whose Learning and Eloquence Wit and Policy strive to outdo each other A â—oble School for young Gentlemen chiefly to be versed in Things relating to the English Government Here they Sit promiscuously except the â—peaker who has a Chair placed about the middle of the Room with a Table before him the Clerk of the House sitting near him at the Table But none wears a Robe but the Speaker except as I hinted before the Members of Parliament for the City of London who at their first Meeting appear in their Scarlet Robes Every Member wears what he fancies most and so do the Temporal Lords in their House on all Days when the King comes not thither in State To Strangers I confess it looks something odd that so august an Assembly vested with a Legislative Power and met together for the Exercise of the same should have no proper Garb for so great a Council but appear in their usual Dress But Custom has so far prevailed against the Inconveniencies that attend those Formalities which the English Nebility and Gentry are generally averse from that they are not like to be ever ballanced by the Respect and Veneration that might be gained as in forein Countries by the small trouble of them The usual Time for the Meeting of each House is in the Forenoon from eight or nine a clock till twelve or one except Sundays high Festivals and Fast-Days These Things being premised my next Business is to speak about the Choice of the Speaker of the House of Commons Who is the Mouth of the House and so necessary a Part thereof that they can do no Business without him For 't is the Speakers Part to see the Orders of the House observed to state the Bills that are brought in to collect the Substance of the Debates and the Sense of the House upon them The fitst Day each Member is called by his Name every one answering for what Place he serveth That done a Motion is made to chuse their Speaker who ought to be a Person of great Ability and is usually one of the long Robe And to avoid all Delays the Choice is commonly such as the King approves of This Choice is made by the Plurality of Votes Upon which the Party chosen desires according to ancient Custom to be excused from so weighty an Office and prays the House to proceed to a new Election But he is commonly answered with a full Consent of Voices upon his Name And then two of the principal Members go to him and lead him from his Place to the Speakers Chair where being set they return to their Places Then the Speaker rises and makes a short Speech to the House consisting of his humble Thanks for their good Opinion of him with Promises of his best Indeavours for their Service At the Day appointed for his Presentation to the King which is usually the next Day His Majesty being come to the House of Lords in his Royal Robes and the Lords also in their Robes the Commons are called in Who being come the Speaker is brought between two of them with low Obeysance to the Bar and so presented at the Bar to His Majesty where he makes likewise a modest Refusal But the King approving the Commons Choice and not allowing of his Excuse the Speaker nakes an Oration to His Majesty the Matter whereof is left to his own Thoughts having â—o Direction about it from the Commons But it usually ends with these three Petitions First that the Commons may have during their Sitting a free Acess to His Majesty Secondly Freedom of Speech in their
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
c. There are also in every County commonly four Officers called Coroners vulgarly pronounced Crowners because they deal principally with Pleas of the Crown or Matters concerning the Crown His Office is to Inquire by a Jury of Neighbours how and by whom any Person came by a violent Death and to enter the same upon Record And whereas the Sheriff in his Turn may inquire of all Felonies by the Common Law except a Mans Death the Coroner can inquire of no Felony but of the Death of Man and that super visum Corporis upon view of the Body Which Inquisition of Death taken by him he ought to deliver at the next Goal-Delivery or certify the same into the Kings Bench. Therefore he ought to put in writing the â—ffect of the Evidence given to the Jury beâ—ore him and has power to bind over Witnesses to the next Goal-Delivery in that Counâ—y For doing his Office he is to take nothing â—pon grievous Forfeiture But by 3 H. 7. he 〈◊〉 to have upon an Inditement of Murder 13 s. d. of the Goods of the Murderer But besides his Judicial he has likewise a â—inisterial Power as a Sheriff As when there 〈◊〉 just Exception taken to the Sheriff Judicial Process shall be awarded to the Coroners for the execution of the Kings Writs in which Cases he is locum tenens Vicecomitis or supplies the Sheriffs place And in some special Case the Kings Original Writ shall be immediately directed unto him There are as I said before commonly four of these Officers in every County of England But Cheshire has but two and each Shire in Wales has no more The same are chosen by the Freeholders of the County by virtue of a Writ out of the Chancery and continue notwithstanding the Demise of the King in their Office Which was of old in so great esteem that none could have it under the degree of a Knight And by the Writ De Coronatore eligendo the Party to be chosen must have sufficient Knowledge and Ability to execute this Office which is implied in these Words Et talem eligi facias qui melius sciat possit Officio illi intendere After he is elected the Sheriff is to take his Oath only to execute his Office And the Court which he holdeth is a Court of Record Every County also has an Officer called Clerk of the Market Whose Office is to keep a Standard of all Weights and Measures exactly according to the Kings Standard kepâ— in the Exchequer and to see that none other be used in the same County He is to seal aâ— Weights and Measures made exactly by thâ— Standard in his Custody and to burn such a are otherwise He has a Court wherein hâ—â— may keep and hold a Plea CHAP. VIII Of Mayors and Aldermen Bailiffs Stewards and their respective Courts with an Account of the Constables Every City of England says Dr. Chamberlain is by their Charters or Priviledges granted by several Kings a little Common-wealth apart governed not as the â—â—ties of France and Spain by a Nobleman 〈◊〉 Gentleman placed there by the King but wholly by themselves For in Cities the Citizens chuse themselves for their Governour Mayor commonly out of 12 Aldermen And â—n some other Corporations a Bayliff is chosen â—f a certain Number of Burgesses The Mayor is the Kings Lieutenant and â—uring his Mayoralty which is but for one â—ear is in a manner a Judge to determine â—atters and to mitigate the Rigour of the â—â—w Therefore he keeps a Court with his â—ethren the Aldermen With these and the â—ommon Council he can make By-Laws for â—e better Government of the City provided â—â—ey be not repugnant to the known Laws of â—â—e Realm So that the Mayor Aldermen â—â—d Common Council assembled are in a manner an Image of the King Lords and Commons convened in Parliament If the Citizens be Taxed 't is by themselves or their Representatives every Trade having some of their own Members always of the Council to see that nothing be enacted to their Prejudice But the Sheriffs have also a good share in the Government of Cities as being the proper Judges of Civil Causes within the same and the principal Officers appointed to see all Executions done whether Penal or Capital As every County of England is divided into Hundreds so the King's Subjects formerly had Justice ministred to them by Officers of Hundreds called Bayliffs who might hold Plea of Appeal and Approvers But in the Reign of Edward III these Hundred Courts certain Franchises excepted were dissolved into the County-Courts Yet there are still divers considerable Towns the chief Magistrates whereof have retained the name of Bayliff as Ipswich Yarmouth Colchester c. Where the Bayliff's Authority is the same with the Mayor's in other Places and they keep Courts accordingly The Truth is they differ in nothing but the Name For the Mayor of London before the Reign of Richard the First was called the Bayliff of London So King John following the Example of Richard made the Bayliff of Kings Lynn a Mayor in the year 1204 and Henry V. made the Bayliff of Norwich a Mayor Annoâ—â— 1419. But there are others to whom the name of Bayliff is still appropriate as the Bayliff of Dover Castle that is the Governour thereof There be likewise Bayliffs of Mannors or Husbandry such as have the Oversight of Under-Servants to private Men of great Substance that set every Man to his Labour and Task gather the Profits to their Lord and Master and give him an Account thereof The vilest sort of Bayliffs to this day are those Officers that serve Writs and Arrest People by virtue thereof And these are of two Sorts Bayliffs Errants and Bayliffs of Franchises The first are such as the Sheriff makes and appoints to go any where in the County to serve Writs to summon the County Sessions Assizes and such like Bayliffs of Franchises be those that are appointed by every Lord of a Mannor to do such Offices within his Liberty as the Bayliff Errant doth at large in the County By Stewards I mean here such as are Imployed by some Lords of Mannors to hold their Courts called Court-Leet or View of Frank-pledge the word Leet signifying properly a Law-Day This is a Court of Record not incident to every Mannor but to those only which by special Grant or long Prescription hold the same For 't is likely Kings did not intrust any with this Power but such as they had great Kindness for and Confidence in To this Court those that are within the Homage and sometimes those out of it are called to Swear Fidelity to the Prince Here also Inquiry is made of Privy Conspiracies Frays Bloodshed and Murders To which was added the Oversight of Measures And what Offences are found especially great ones ought to be Certified to the Justices of Assize by a Statute made in the Reign of Edward III. For in whose Mannor soever this Court be Kept it is accounted
the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges
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
87 90 Thorne in Yorks 259 Thorney an Isle about Hamps 98 Thorney a Sussex-Island 225 Thrapston in Northa 159 160 Thryn a River 151 Tickhill in Yorks 252 Tideswal in Derb. 57 Tine a River 12 Tiverton in Dev. 61 64 Tone a River 189 Tor a River 189 Torridge a River 59 Torrington in Dev. 61. 63 Totness in Dev. 61 63 Towcester in Northa 159 161 The Tower in Lond. 286 The great Trade of Lon. 334 Tregny in Cornwal 43 Trent a River 11 Tringe in Hartf 100 A Trophy in Cornwal 42 A Trophy in Cumb. 47 Troubridge in Wilts 246 247 Truro in Cornwal 43 44 Tudbury in Staff 200 Tuddington in Bedf. 27 Tun a Kentish River 110 Tunbridge in Kent 112 115 Tuxford in Notting 175 Twede a River 12 V. VAntage in Barks 23 Vice-Chan of Ox. 318 Vice-Chan of Camb. 353 Vlles Water in Cumb. 47 Vlverston in Lanc. 126 129 Vppingham in Rutl. 183 Vpâ—on in Worc. 253 254. Vsk in Monm 148 149 Vsk a River 147 Vtoxeter in Staff 200 Vxbridge in Middl. 144 145 W WAkefield in Yorks 259 264 Walden in Essex 81 83 Walderswick in Suff. 214 Wallingford in Barks 23 Walsall in Staff 200 201 Walsingham in Norf. 153 156 Waltham in Leic. 131 Waltham-Abbey in Essex 81 Wandesworth in Surrey 221 Wandsdike a Dike in Wilts 243 Warden in Kent 121 Ware in Hartf 100 101 Ware a River 75 Warfe a Yorksh River 256 Warham in Dors 67 70 Warington in Lanc. 127 128 Warminster in Wilts 246 248 Warwick 231 WARWICKSHIRE 230 Wash a River 182 The Watch at Lond. 333 Watford in Hartf 100 102 Watchet in Somers 192 194 Watlington in Oxf. 178 Watton in Norf. 153 Waveney a River 151 203 Wayborn-hope in Norf. 156 Waynfleet in Lanc. 136 140 Weatherby in Yorks 259 Webley in Heref. 104 Weever a River 36 Weland 153 158 Weller in Northum 159 161 Wellingborough in Northam 159 161 Wellington in Shrop. 186 Wells in Somers 191 Wem in Shrops 186.187 Wendover in Buck. 30 Wenlock in Shrops 186 187 Werminster See Warminster Westbury in Wiltsh 246 248 Westminster in Midl 276 331 Westminster-Hall 318 Westminster-School 317 WESTMORLAND 236 Westram in Kent 112 Wever a Hill in Staff 197 Wey a River 2â—6 Weymouth in Dors 67 68 Whinfield-forest in Westm 240 VVhitby in Yorks 259 269 Whitechurch in Hamps 95 96 Whitechurch in Shrop. 186 187 Whitehall in Westm 315 Whistable in Kent 117 Wickham in Buck. 30 31 Wickham in Suff. 214 Wickware in Gloc. 87 Wigan in Lanc. 126 128 â—lle of Wight part of Hampsh 96 Wighton in Yorks 258 Wigton in Cumb. 49 Willy a River 243 Wilton in Wilts 246 248 WILTSHIRE 242 Wimander See Winder Mere. Wimborn-Minster in Dors 67 71 Wincaunton in Som. 192 194 Winchcomb in Gloc. 87 Winchelsey in Sussex 225 228 Winchester in Hamps 93 Winder-mere in Lanc. 124 Windham in Norf. 153 Windrush a River 177 Windsor in Barks 23 24 Winslow in Buck. 30 Winterton in Norf. 156 Wirâ—sworth in Derbys 57 58 Wisbich in Cambr. 34 Witham a River 133 Witney in Oxf. 178 180 Wivescomb in Somers 192 Woburn in Bedf. 27 Wolverhamp in Staf. 200 201 VVoodbridge in Suff. 204 206 VVoodstock in Oxf. 178 VVoolwich in Kent 112 114 VVootton-Basset in Wilts 246 Worcester 252 WORCESTERSHIRE 251 Worksop in Notting 175 VVorsted in Norf. 153 VVotton in Gloc. 87 VVragby in Linc. 136 VVreak a River 130 VVrinton in Somers 192 Wrotham in Kent 112 Wye the name of several Rivers 85 103 112 147 Y Y Are a River 151 Yarmouth in Norf. 153 154 Yarmouth in the Isle of Wight 98 Yarum in Yorks 259 273 Yaxley in Huntingt 101 York 256 YORKSHIRE 255 Youre a Yorksh River 256 The Table FOR THE SECOND PART A ADmiral of Engl. P. 131 Almoner 172 Anabaptists 69 English Apparel 38 Apprentices 266 Archbishops 233 234 The Archbishop of Canterbury's Priviledges 242 Arch-Deacons 249 Arms of the King 93 B BAronets 223 Bartholomew Fair 42 Beacons 180 Besant 172 Bishops 232 Bp. of London and Durham 2â—â— Bp. of Winchester â—â—â— The Bps. Election 235 The Bps. Consecration 236 The Bps. Installation 238 The Bps. Priviledges 241 The Bps. Publick Works 2â—4 Suffragan Bps. â—â—â— C Lord CHamberlaâ—â— of Englaâ—â—â—â—â— Lord Chamberlainâ— of the Kingâ— Houshold â—54 Champion of 〈…〉 1â—9 Chancellou◠〈…〉 127 Chappel 〈◊〉 169 Characâ—â—◠〈…〉 King 141 Charâ—◠〈…〉 Queen 143 Câ—â—â—â—◠〈…〉 conâ—â—â—â—â—â—hem 265 〈…〉 when 〈◊〉 planted in â—â—gland 61 c. Church of England her Doctrine 65 Her Reformation 63 c. The Charge of Persecution against her groundless in a great measure 66 Church-wardens 257 Clergy 232 Their Priviledges 254 Their Number 255 The unhappy Prejudices of some of our Modern Clergy 256 Clerk of the Checque 165 Clerk of the Closet 174 Clerks Comptrollers 149 150 Clerks of the Green-Cloth ib. Clerks of Parishes 257 English Clubs or Societies 42 The great Conveniency of Coaches in England 46 Coffee much used by the English 37 Cofferer 149 150 Commissioners of the Admiralty 192 Commissioners of Appeal 203 Commodities exported 57 Commonalty of England 228 Their Priviledges 232 Companies of Merchants 53 Complexion of the English 3 Compting House 149 Comptroller of the Kings Houshold 149 English way of Computing 28 High Constable 131 Convention 139 Copy-holders 229 Coronation of the King 103 Court of the King 115 147 c. Court of the Queen 174 Coyns 49 Curates 253 Particular Customs of the English 43 Custom-House Officers 201 Custom-Revenue 200 D. S. DAvid's Day 45 Deacons 250 Deans 247 Defender of the Faith one of the King's Titles 92 Diet of the English 34 Dissenters their backwardness in point of Reunion 67 68 Divorce 264 Dominions of the King 84 c. Duke of Glocester 209 E ENsigns of Royalty 94 Esquires 225 Esquires of the Body 156 Exchequer and its Officers 203 c. Excise-Office 202 Exercises of the English 39 F. ROyal Family 121 Famous Men among the English 16 Feasting of the English 35 40 Fewel used in England 33 Fifth-monarchy Men see Millenarians Reflections upon the late Fleet 193 Foot-Gards 168 Free-helders 228 G. GArrisons in England 177 Genius of the Engl. 11 Gentlemen 226 Gentlemen of the Bed-chamber 155 Gentlemen Vshers 156 157 Gentlemen Pensioners 164 Gentlemen Harbingers 165 Gentry of England 223 English Government 73 Its Constitution 75 c. Popular Government contrary to the English Genius 83 Green Cloth 149 Groom of the Stole 155 Grooms of the Great Chamber 155 157 Groom Porter 157 Gun Powder Treason 41 H HEptarchy 74 75 Heralds 162 Hock-tide 43 Horse-gards 167 Horse-Granadiers 168 I. INdependents 69 Ireland how it became subject to England 87 c. Justices of Peace 69 Justices of Eyres Seat 99 K. KIng of England 84 The King of England King of the Sea 89 The King is the Fountain of Honour 99 The King of England receives great Respect from his Subjects 9â— The present King William's Descent 133 His Accession to the Throne 139 His Character 141 Kings of Arms 178 Knights of