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A31570 AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1 Chamberlayne, Edward, 1616-1703. 1669 (1669) Wing C1819; ESTC R212862 111,057 538

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the Nobility or Bishops is made choice of by the Three States assembled in the name of the Infant King who by Nature or Alliance hath most Interest in the preservation of the Life and Authority of the Infant and to whom least benefit can accrue by his Death or Diminution as the Uncle by the Mothers side if the Crown come by the Father and so vice versa is made Protector so during the minority of Edward 6. his Uncle by the Mothers side the Duke of Somerset had the tuition of him and was called Protector and when this Rule hath not been observed as in the minority of Edw. 5. it hath proved of ill consequence If the King of England be Non compos mentis or by reason of an incurable disease weakness or old age become uncapable of governing then is made a Regent Protector or Guardian to govern King Edward 3. being at last aged sick and weak and by grief for the death of the Black Prince sore broken in body and mind did of his own will create his fourth Son John Duke of Lancaster Guardian or Regent of England If the King be absent upon any Foreign Expedition or otherwise which antiently was very usual the Custom was to constitute a Vice-gerent by Commission under the Great Seal giving him several Titles and Powers according as the necessity of affairs have required sometimes he hath been called Lord Warden or Lord of the Kingdom and therewith hath had the general power of a King as was practised during the Absence of Edward the First Second and Third and of Henry 5. but Henry 6. to the Title of Warden or Guardian added the Stile of Protector of the Kingdom and of the Church of England and gave him so great power in his absence that he was tantum non Rex swaying the Scepter but not wearing the Crown executing Laws summoning Parliaments under his own Teste as King and giving his assent to Bills in Parliament whereby they became as binding as any other Acts. Sometimes during the Kings Absence the Kingdom hath been committed to the care of several Noblemen and sometime of Bishops as less dangerous for attempting any usurpation of the Crown sometimes to one Bishop as Hubert Archbishop of Canterbury was Viceroy of England for many years and when Edward 3. was in Flanders though his Son then but nine years old had the Name of Protector John Stafford Archbishop of Canterbury was Governour both of the Kings Son and of the Realm Lastly Sometimes to the Queen as two several times during the absence of Henry 8. in France Of the QUEEN of ENGLAND THe Queen so called from the Saxon Konigin whereof the last syllable is pronounced as gheen in English it being not unusual to cut off the first Syllables as an Almes-House is sometimes called a Spital from Hospital She hath as high Prerogatives Dignity and State during the life of the King as any Queen of Europe From the Saxon times the Queen Consort of England though she be an Alien born and though during the life of the King she be femme covert as our Law speaks yet without any Act of Parliament for Naturalization or Letters Pa●ents for Denization she may purchase Lands in Feesimple make Leases and Grants in her own Name without the King hath power to give to sue to contract as a femme sole may receive by gift from her Husband which no other femme ●overt may do Had anciently a Revenue of Queen Gold or Aurum Reginae as the Records call it which was the tenth part of so much as by the Name of Oblata upon Pardons Gifts and Grants c. came to the King Of later times hath had as large a Dower as any Queen in Christendome hath her Royal Court apart her Courts and Officers c. The Queen may not be impleaded till first petitioned shall not be amerced if she be nonsuited as all other Subjects are if she be Plaintiff the Summons in the Process need not have the solemnity of 15 dayes c. Is reputed the Second Person in the Kingdom The Law setteth so high a value upon her as to make it High Treason to conspire her death or to violate her Chastity Her Officers as Attourney and Sollicitor for the Queens sake have respect above others and place within the Barre with the Kings Council The like honour the like reverence and respect that is due to the King is exhibited to the Queen both by Subjects and Foreigners and also to the Queen Dowager or Widdow Queen who also above other Subjects loseth not her Dignity though she should marry a private Gentleman so Queen Katharine Widdow to King Henry the Fifth being married to Owen ap Theodore Esquire did maintain her Action as Queen of England much less doth a Queen by inheritance or a Queen Soveraign of England follow her Husbands condition nor is subject as other Queens but Soveraign to her own Husband as Queen Mary was to King Philip. Of the SONS and DAUGHTERS of ENGLAND THe Children of the King of England are called the Sons and Daughters of England because all the subjects of England have a special interest in them though the whole power of Education Marriage and disposing of them is only in the King The Eldest Son of the King is born Duke of Cornwall and as to that Dutchy and all the Lands Honours Rents and great Revenues belonging thereunto he is upon his Birth-day persumed and by law taken to be of full age so that he may that day sue for the Livery of the said Dukedom and ought of right to obtain the same as if he had been full 21 years of age Afterwards he is created Prince of Wales whose Investiture is performed by the Imposition of a Cap of Estate and Coronet on his Head as a Token of Principality and putting into his Hand a Verge of Gold the Emblem of Government and a Ring of Gold on hs Finger to intimate that he must be a Husband to his Countrey and Father to her Children Also to him is given and granted Letters Patents to hold the said Principality to him and his Heirs Kings of England by which words the separation of this Principality is prohibited From the day of his Birth he is commonly stiled the Prince a Title in England given to no other Subject The Title of Prince of Wales is ancient and was first given by King Edward 1. to his Eldest Son for the Welsh Nation till that time unwilling to submit to the yoke of strangers that King so ordered that his Queen was delivered of her first Child in Caernarvan Castle in Wales and then demanded of the Welsh If they would be content to subject themselves to one of their own Nation that could not speak one word of English and against whose life they could take no just exception Whereunto they readily consenting the King nominated this his new born Son and afterwards created
him Prince of Wales and bestowed on him all the Lands Honours and Revenues belonging to the said Principality The Prince hath ever since been stiled Prince of Wales Duke of Aquitaine and Cornwall and Earl of Chester and Flint which Earldomes are alwayes conferred upon him by his Patent since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but more ordinarily the Prince of Wales As Eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth The King of Englands Eldest Son so long as Normandy remained in their hands was alwayes stiled Duke of Normandy Antiently the Princes of Wales whilest they were Soveraigns bare quarterly Gules and Or 4 Lyons passant gardant counterchanged The Arms of the Prince of Wales differ from those of the King only by addition of a Labell of three points and the Device of the Prince is a Coronet beautified with three Ostrich Feathers inscribed with Ich dien which in the German or old Saxon Tongue is I serve alluding perhaps to that in the Gospel The Heir whilest his Father liveth differeth not from a Servant This Device was born at the Battel of Cressy by John King of Bohcmia as serving there under the King of the French and there slain by Edward the Black Prince and since worn by the Princes of Wales and by the Vulgar called the Princes Arms. The Prince by our Law is reputed as the same Person with the King and so declared by a Statute of Henry 8. Corruscat enim Princeps say our Lawyers radiis Regis Patris sui censetur una persona cum ipso And the Civilians say the Kings Eldest Son may be stiled a King He hath certain Priviledges above other Persons To imagine the death of the Prince to violate the Wife of the Prince is made High Treason Hath heretofore had priviledge of having a Purveyor and taking Purveyance as the King To retain and qualifie as many Chaplains as he shall please To the Prince at the Age of 15 is due a certain Aid of Moneys from all the Kings Tenants and all that hold of him in Capite by Knight Service and Free Socage to make him a Knight Yet as the Prince in nature is a distinct person from the King so in Law also in some cases He is a Subject holdeth his Principalities and Seignories of the King giveth the same respect to the King as other Subjects do The Revenues belonging to the Prince since much of the Lands and Demesnes of that Dutchy have been aliened are especially out of the Tinne Mines in Cornwall which with all other profits of that Dutchy amount yearly to the summe of The Revenues of the Principality of Wales surveyed 200 years ago was above 4680 l. yearly a rich Estate according to the value of Money in those dayes At present his whole Revenues may amount to Till the Prince come to be 14 years old all things belonging to the Principality o● Wales were wont to be disposed of by Commissioners consisting of some principal Persons of the Clergy and Nobility The Cadets or younger Son of England are created no● born Dukes or Earls of what Places or Titles the King pleaseth They have no certain Appanages as in France but onely what the good pleasure of the King bestows upon them All the Kings Sons are Consilii nati by Birth-right Counsellors of State that so they may grow up in the weighty affairs of the Kingdom The Daughters of England are stiled Princesse the eldest of which have an Aid or certain rate of Money paid by every Tenant in Capite Knight Service and Soccage towards her Dowry or Marriage Portion To all the Kings Children belong the Title of Royal Highness All Subjects are to be uncovered in their presence to kneel when they are admitted to kiss their hands and at Table they are out of the Kings Presence served on the Knee The Children the Brothers and Sisters of the King if Plaintiffs the summons in the Process need not have the solemnity of 15 dayes as in Case of other Subjects The Natural or Illegitimate Sons and Daughters of the King after they are acknowledged by the King take precedence of all the Nobles under those of the Blood Royal. They bear what Surname the King pleaseth to give them and for Arms the Arms of England with a Bend Sinister border Gobionnee or some other mark of illegitimation Some Kings of England have acknowledged many and had more illegitimate Sons and Daughters King Henry the First had no fewer than sixteeen illegitimate Children Henry the Eighth amongst others had one by Elizabeth Blount named Henry Fitzroy created by him Duke of Somerset and Richmond Earl of Notingham and Lord High Admiral of England Ireland and Aquitain OF THE PRESENT KING OF ENGLAND THe King now raigning is CHARLES the Second of that Name His Name of Baptisme Charles in the German Tongue signifies one of a Masculine strength or vertue The Royal and also the most princely and antient Families of Europe at this day have properly no Surnames for neither is Burbon the Surname but the Title of the Royal Family of France nor Austria of Spain nor Stuart of England since the coming in of King James nor Theodore or Tudor for his 5 immediate Ancestors in England nor Plantagenet for 11 Generations before as some vainly think for although Geffery Duke of Anjou was surnamed Plantagenet from a Broom Stalk commonly worn in his Bonnet yet his Son H. 2. King of England was surnamed Fitz-empresse and his Son Richard Coeur de Lion So Owen Grandfather to King Henry 7. was ap Meredith and he ap Theodore pronounc'd Tyder Surnames being then but little in use amongst the Cambrobritans So Walter Father to Robert King of Scotland from whom our present King is descended was only by Office Grand Seneschal or High Steward or Stuart of Scotland though of later times by a long vulgar errour it hath so prevailed that they are accounted Surnames of many Families descended from him Steward is a Contraction from the Saxon word Stedeward that is in Latine Locum-tenens in French Lieu-tenant because the Lord High Steward was Regis Locum tenens a Name not unfit for any King who is Dei Locum tenens Gods Stuart or Lieutenant or Vicegerent upon Earth The King now raigning is Son to King Charles the Martyr and the Princess Henretta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his Veins all the Royal Blood of Europe concentred Is descended lineally and lawfully from the British Saxon Danish Norman and Scottish Kings and Princes of this Island From the first British King the 139th Monarch from the Scottish in a continued Succession for almost 2000 years the 109th from the Saxon the 46th and from the first of the Norman Line the 26th King So that for Royal
Extraction and long Line of just Descent his Majesty now raigning excells all the Monarchs of all the Christian if not of the whole World Is the first Prince of Great Britain so born and hath in possession larger Dominions than any of his Ancestors He was born the 29th of May 1630. at the Royal Palace of St. James over which House the same day at Noon was by thousands seen a star and soon after the Sun suffered an Eclipse a sad presage as some then divined that this Princes Power should for some time be eclipsed and some subject signified by a star should have extraordinary splendor Was christened the 27th June following by the then Bishop of London Doctor Land Had for Godfathers his two Uncles Lewis the 13th King of France and Frederick Prince Palatine of the Rhine then called King of Bohemia represented by the Duke of Richmond and Marquiss Hamilton his Godmother being his Grandmother then Queen Mother of France represented by the Dutchesse of Richmond Had for Governess Mary Countess of Dorset Wife to Edward Earl of Dorset In May 1638 he was first knighted and immediately after he was made Knight of the Garter and installed at Windsor About this time by Order not Creation he was first called Prince of Wales and had all the profits of that Principality and divers other lands annexed and Earldom of Chester granted unto him and held his Court apart from the King At the Age of Eight he had for Governour the Earl afterwards Marquiss and now Duke of Newcastle and for Tutor or Preceptor Doctor Duppa then Dean of Christchurch after Bishop of Salisbury and lately of Winchester At the Age of 12 was with the King his Father at the Battel of Edge-hill and soon after at Oxford was committed to the care of the Marquiss of Hertford About 14 years old was in the Head of an Army in the West of England At the Age of 15 a Marriage was proposed between him and the Eldest Daughter of the King of Portugal the Infanta Joanna since deceased Two years after was from Cornwall transported to the Isle of Scilly and after to Jersey and thence to his Royal Mother to St. Germains near Paris In 1648 was at Sea with some Naval Forces endeavouring to rescue the King his Father then in the Isle of Wight out of the wicked hands of his rebellious Subjects Not many moneths after upon the sad News of the horrid Murther of his Royal Father he was in Holland first saluted King and soon after proclaimed in Scotland being not yet 19 years of Age. At the Age of 20 from Holland he landed in Scotland June 1650 and in January following was crowned at Scoon The 3d of September 1651 fought the Battel of Worcester whence after the unfortunate loss of his whole Army wandring in disguise about England for six weeks he was at length transported from a Creek near Shoram in Sussex to Fecam near Havre de Grace in France in which Kingdom with his Royal Brothers and divers English Nobility Clergy and Gentry he was for some years received and treated as King of England and by his mediations and interest with the Prince of Conde and Duke of Lorraine then in the Head of two great and mighty Armies against the French King quenched the then newly kindled fires of a great and universal rebellion against him much resembling that of England and was a means of recalling the then fled and banished Cardinal Mazarine After which in Germany Flanders Spain c. he passed the residue of his time in the Studies and Exercises most befitting a Prince in solliciting the Aid of Christian Princes and in advising and vigorously promoting the several attempts of his Friends in England until the year 1660 at which time being at Brussells within the Spanish Territories and perceiving a general inclination and disposition of all England to receive him he providently removed himself to Breda within the Dominions of the United Netherlands in the moneth of April and thence in May to the Hague from whence after a magnificent Entertainment and an humble Invitation by English Commissioners sent from the then Convention at Westminster he embarkt at Schevling the 23th of May 1660 and with a gallant English Fleet and a gentle gale of Wind landed the 25th at Dover and on the 29th following being his Birth-day and then just 30 years of Age he entred into London and was there received with the greatest and most universal Joy and Acclamations and Magnificence that could possibly be expressed on so short a warning On the first of June following His Majesty fate in Parliament and on the 22th of April 1661 rode in triumph from the Tower to Westminster on the next day being St. Georges was crowned with great Ceremony On the 28th of May following declared to his Parliament his Resolution to marry the Infanta of Portugal who accordingly in May 1662 being landed at Portsmouth was there espoused to the King by the then Bishop of London now Archbishop of Canterbury Of the present Queen of England DONNA CATHERINA Infanta of Portugal being Queen Consort of England and the Second Person in the Kingdom was Daughter of Don Juan the Fourth of that Name King of Portugal descended from our English John of Gaunt Duke of Lancaster and King of Castile and Jean Fourth Son of Edward the third King of England and of Donna Lucia Daughter of Don Guzman el bueno a Spaniard Duke of Medina Sidonia who was lineally descended from Ferdinando de la Cerde and his Consort Blanche to whom St. Lewis King of France her Father relinquisht his Right and Title to Spain descended to him by his Mother Blanche eldest Daughter and Heir of Alphonso the Spanish King She was born the 14th of November 1638 at Villa Vicosa in Portugal she was baptized Catherina signifying in Greek Pure her Father being then Duke of Braganza though right Heir of the Crown of Portugal the most potent Subject in Europe for a third part of Portugal was then holden of him in Vassallage and is only Sister at present of Don Alphonso the Sixth of that Name and 23th King of Portugal born 1643. Hath one Brother more called Don Pedro born 1648. Had another Brother called Don Theodosio the eldest Son of that King who was the most gallant and hopeful Prince of all Europe but died 1653 aged but 18 years yet his life thought worthy to be written by divers grave Authors of Portugal Having been most carefully and piously educated by her Mother and at the age of 22 desired in Marriage by King CHARLES the Second and the Marriage not long after concluded by the Negotiation of Don Francisce de Melo Conde de Ponte Marquis de Sande and then Extraordinary Ambassadour of the King of Portugal and solemnized at Lisbon She embarkt for England upon the 23th of April 1662 being the Festival of St. George Patron as well of Portugal as England and was safely
under him against the French King then leagued with the English Rebels against Spain where his Magnanimity and Dexterity in Martial Affairs though unsuccessful were very eminent In the year 1660 came over with the King into England and being Lord High Admiral in the year 1665 in the War against the Vnited States of the Netherlands commanded in person the whole Royal Navy on the Seas between England and Holland where with incomparable valour and extraordinary hazard of his own Royal Person after a most sharp dispute he obtained a Signal Victory over the whole Dutch Fleet commanded by Admiral Opdam who perisht with his own and many more Ships in that Fight He married Anne the eldest Daughter of Edward Earl of Clarendon late Lord High Chancellour of England by whom he hath had a numerous issue whereof are living first the Lady Mary born 30 April 1662 whose Godfather was Prince Rupert and Godmothers the Dutchesses of Buckingham and Ormond Secondly the Lady Anne born in Febr. 1664 whose Godfather was Gilbert Lord Archbishop of Canterbury her Godmothers were the young Lady Mary her Sister and the Dutchess of Monmouth She is lately for her health transported into France Thirdly 15 Sept. 1667 was born Edgar lately created Duke of Cambridge by Letters Patents under the Great Seal of England whose Godfathers were the Duke of Albemarle and the Marquiss of Worcester his Godmother the Countess of Suffolk The Titles of his Royal Highness are Duke of York and Albany Earl of Ulster Lord High Admiral of England Ireland and all Foreign Plantations Constable of Dover Castle Lord Warden of the Cinque Ports Governour of Portsmouth c. Of the Prince of Orenge NExt to the Duke of York and his Issue is William of Nassau Prince of Orenge only Issue of the lately deceased Princess Royal Mary eldest Daughter to King Charles the First and wedded 1641 to William of Nassau Commander in Chief of all the Forces of the States General both by Land and by Sea His Highness the present Prince was born 9 dayes after his Fathers death on the 14th Novemb. 1650 had for Godfathers the Lords States General of Holland and Zealand and the Cities of Delft Leyden and Amsterdam His Governess was the Lady Stanhop then wife to the Heer van Hemvliet At 8 years of age was sent to the University of Leyden His Revenue is about 60000 l. Sterling besides Military Advantages enjoyed by his Father and Ancestors which amounted yearly to about 30000 l. Sterling more He is a Prince in whom the high and princely qualities of his Ancestors already appear Of the Princess Henretta THe next Heir after the fore-named to the English Crown is the Princess Henretta only Sister living to the present King of England She was born the 16th of June 1644 at Exeter during the heat of the late Rebellion after the surrender of Exeter conveyed to Oxford and thence 1646 to London whence with her Governess the Lady Dalkieth she escaped into France was there educated as became her high Birth and Quality but being left wholly to the care and maintenance of the Queen her Mother at Paris embraced the Romish Religion At the age of 16 years came with the Queen Mother into England and 6 moneths after returning into France was married to the only Brother of the French King the Illustrious Prince Philip then Duke of Anjou till the death of his Uncle and now Duke of Orleans whose Revenue is 1100000 Livres Tournois besides his Appanage not yet setled Her Portion was 40000 l. Sterling her Joynture to be the same with the present Dutchess Dowager of Orleans This Princess hath issue one Daughter if she hath a Son the French King allows him 50000 Crowns yearly and the Appanage after the death of the present Duke reverts to the Crown Of the Prince Elector Palatine THere being left alive no more of the Off-spring of King Charles the First the next Heirs of the Crown of England are the Issue and Descendants of Elizabeth late Queen of Bohemia only Sister to the said King who was married to Frederick Prince Palatine of the Rhine afterwards stiled King of Bohemia whose eldest Son living is Charles Lodowick Prince Elector Palatine of the Rhine commonly called the Palsgrave from the High Dutch pfaltzgraff Palatii Comes was born the the 22th December 1617 at Heydelberg and afterwards in Holland at the Hague and at the University of Leyden was educated in a Princely manner At the age of 18 years came into England was created Knight of the Garter about two years after fought a Battel in Westphalia In the year 1637 passing incognito thorow France to take possession of Brisach upon the Rhine which the Duke Saxon Weymar intended to deliver up unto him together with the Command of his Army he was by that quick-sighted Cardinal Richlieu discovered at Moulins and thence sent back Prisoner to the Bois de Vincennes whence after 23 weeks imprisonment he was by the mediation of the King of England set at liberty In the year 1643 he came again into England and with the Kings secret consent because the King could not continue unto him the wonted Pension whilst the Rebels possest the greatest part of his Majesties Revenues made his Addresses to and abode with the disloyal part of the Lords and Commons at Westminster until the Murder of the said King and the Restauration of the Lower Palatinat according to the famous Treaty at Munster for which he was constrained to quit all his right to the Upper Palatinat and accept of an Eighth Electorship at a juncture of time when the King of England had he not been engaged at home by an impious Rebellion had been the most considerable of all other at that Treaty and this Prince his Nephew would have had the greatest advantages there In 1650 he espoused the Lady Charlotte Daughter to the Landgrave of Hessen by which Lady he hath one Son named Charles aged about 16 and one Daughter aged about 14. Of Prince Rupert NExt to the Issue of the Prince Elector Palatin is Prince Rupert born at Prague 27 Novemb. 1619 not long before that very unfortunate Battel there fought whereby not only all Bohemia was lost but the Palatin Family was for almost 30 years dispossest of all their Possessions in Germany At 13 years of age he marcht with the then Prince of Orenge to the Siege of Rhineberg afterwards in England was created Knight of the Garter At the age of 18 he commanded a Regiment of Horse in the German Wars and in a Battel being taken by the Imperialists under the Command of Count Hatzfield he continued a prisoner above three years In 1642 returning into England and made General of the Horse to the King fights and defeats Collonel Sands near Worcester routed the Rebels Horse at Edge-hill took Cirencester recovered Lichfield and Bristol raised the long Siege before Latham House fought the great Battel at Marston Moor was created Earl of Holderness and
Garter upon the Left Leg upon pain of paying 2 Crowns to any Officer of the Order who shall first claim it onely in taking a Journey a Blew Ribon under the Boot doth suffice Upon the Left Shoulder upon Cloak Coat or Riding Cassack in all places of Assembly when they wear not their Robes they are to wear an Escutcheon of the Arms of St. George that is a Cross with a Garter and this by an Order made April 1626. That Ornament and Embellishment about the said Escutcheon now worn and called the Star or rather the Sun in its glory was at the same time enjoyned The The greatest Monarchs of Christendome have been enrolled and have taken it for an Honour to be of this Order There have been of this Order since the Institution 8 Emperours 25 or 26 Forreign Kings besides many Soveraign Princes c. The Fellows and Companions of the Most Noble Order of St. George are at present these that follow ranked according as they are seated in their several Stalls at Windsor IN the first Stall on the right hand is the Soveraigne of the Order King Charles the Second who is Patron and Sole Disposer of the Order The Stall opposite to His Majesty is now void In the other Stalls on the Sovereign Side are thus placed these that follow 2 The Duke of York 3 Prince Rupert 4 Marquiss of Brandenbourgh 5 Earl of Salisbury 6 Earl of Northumberland 7 Duke of Buckingham 8 Earl of Bristol 9 Count Marsin 10 Earl of Sandwich 11 Duke of Richmond 12 Earl of Strafford 13th Stall is void On the other side opposite to these afore-named are placed in this Order these that follow 2 Prince Elector Palatine 3 Prince of Orenge 4 Prince of Denmark 5 Earl of Berkshire 6 Duke of Ormond 7 Duke of Newcastle 8 Prince of Tarent 9 Duke of Albemarle 10 Earl of Oxford 11 Earl of Manchester 12 Duke of Monmouth 13th Stall on this Side also is void The whole number of Fellows of this Order is not to exceed 26. In the next place are Knights Bannerets Equites Vexilliferi antiently a high Honour now obsolete there being at this time none of this Order in England These may bear Supporters of their Arms and none under this Degree Knights of the Bath so called of their Bathing used before they are created The first of this sort were made by Henry 4th Anno 1399. They are now commonly made at the Coronation of a King or Queen or Installation of 〈◊〉 Prince of VVales They wea● a Scarlet Ribon Belt-wise They are still made with much Ceremony too long here to be described Other Knights called Equites Aurati from the Gilt Spurs usually put upon them and Knights Batchelors quasi Baschevaliers Knights of lower Degree So Bachelors in Arts or Divinity quasi Low Knights or Servitors in Arts. These were antiently made by girding with a Sword and Gilt Spurs and was bestowed onely upon Sword men for their Military Service and was re●uted an excellent and glorious Degree and a Noble Reward ●or Courageous Persons but ●f late being made more common and bestowed upon ●own Men contrary to the ●ature of the thing as Degrees ●n the University are sometimes ●estowed upon Sword men it ●s become of much less reputa●ion Yet amongst Gown men 〈◊〉 is given only to Lawyers and ●hysitians and not to Divines ●ho may as well become that Dignity and be Spiritual Knights as well as Spiritual Lords These are now made with no other Ceremony but kneeling down the King with a drawn Sword lightly toucheth them on the Shoulder after which heretofore the King said in French Sois Chevalier au nom de Dieu and then Avances Chevalier When a Knight is to suffe● death for any foul Crime hi● Military Girdle is first to be ungirt his Sword taken away hi● Spurs cut off with an Hatchet● his Gantlet pluckt off and hi● Coat of Arms reversed Next amongst the Lowe● Nobility are Esquires so called from the French word Escuyers Scutigeri because they were wont to bear before the Prince in War or before the better sort of Nobility 〈◊〉 Shield or else perhaps because they bear a Coat of Arms as Ensigns of their descent and by our Lawyers are called Armigeri Of this Title are first all Vicounts eldest Sons and all Vicounts and Barons younger Sons and by the Common Law of England all the Sons of Earls Marquisses and Dukes are Esquires and no more Next are the Esquires of the Kings Body mentioned among the Officers of the Kings Court after these are reckoned Knights eldest Sons and their eldest Sons for ever then younger Sons of the elder Sons of Barons next Esquires created by the King by putting about their Necks a Collar of Esses and bestowing on them a pair of Silver Spurs Lastly any that are in superiour Publick Office for King or State are reputed Esquires or equal to Esquires as Justices of the Peace Mayors of Towns so Councellours at Law Batchelors of Divinity Law or Physick although none of them really are so In the last place among th● lower Nobility are accounted the Gentry of England that have no other Title but are descended of antient Families that have alwayes born a Coa● of Arms. This Kind of Honour is derived from the Germans to the rest of Christendome and was never known in any Countrey where the German Customs were unknown as in Asia Africa and America The Germans antiently warring oft amongst themselves painted their Scutcheons with the Picture of some Beast Bird or other thing for distinction and put some eminent and visible Mark upon the Crest of their Helmets and this Ornament both of Arms and Crest descended by inheritance to their Children to the eldest pure and to the rest with some note of distinction such as the Old Master of Ceremonies in High Dutch Here-alt now Herald thought fit Gentlemen well descended and well qualified have alwayes been of such repute in England that none of the higher Nobility no nor the King himself have thought it unfitting to make them sometimes their Companions The Title of Gentleman in England as of Cavalier in France Italy and Spain is not disdained by any Nobleman All Noblemen are Gentlemen though all Gentlemen are not Noblemen The State of Gentry was antiently such that it was accounted an abasing of Gentry to put their Sons to get their Living by Shop-keeping and our Law did account it a disparagement of a Ward in Chivalry to be married to a Shop-keepers Daughter or to any meer Citizen for Tradesmen in all Ages and Nations have been reputed ignoble in regard of the doubleness of their Tongue without which they cannot grow rich for Nihil proficiunt nisi admodum mentiuntur as Tully observed and therefore amongst the Thebans no man was admitted to places of Honour or Trust unless he had left off trading ten years before So by the Imperial Laws a Tradesman is not capable of any
Angliae Notitia OR THE PRESENT STATE OF England Together with DIVERS REFLECTIONS UPON The Antient State thereof In Magnis voluisse sat est In the SAVOY Printed by T. N. for John Martyn and are to be sold at the Sign of the Bell without Temple-Bar 1669. To the Reader IN this small Treatise the Reader may not reasonably expect to have his Fancy much delighted Ornari res ipsa negat contenta doceri● but only to have his Understanding informed and therefore the Author hath industriously avoided all curious Flowers of Rhetorick and made it his whole business to feed his Reader with abundant variety of Excellent Fruits Here are interspersed some Observations which though already known to many English men yet may be unknown to most Strangers and Forreigners for the information of whom this Book is secondarily intended and for that end will shortly be translated into the French Tongue whereby may be extinguisht in some measure the Thirst which Forreigners generally have to know the Present State of this Considerable Monarchy Although the main aim is to inform all men of the Present State of this Kingdom yet divers Reflections are made upon the past State thereof that so by comparing that with the present some men may thereby not only be moved to endeavour the Restauration of what was heretofore better and the abolition of what is now worse but also in some measure may fore-see without consulting our Astrologers and Apocalytick men what will be the future state of this Nation according to that Excellent Saying Qui respicit praeterita inspicit praesentia prospicit etiam futura A good Historian by running back to Ages past and by standing still and viewing the present times and comparing the one with the other may then run forward and give a Verdict of the State almost Prophetick In the many Reflections upon the Antient State of England frequent use is made of divers grave Authors as of Horn in his Mirror of Justice of Glanvile Bracton Britton Fortescue Linwood Stamford Smith Cosens Camden Cook Spelman Selden c. And for the present State Consultation was had with several eminently learned Personages yet living to the end that the Reader might receive at least some satisfaction in every particular without the trouble and charges of a great Library And as the Author doth sometimes use both the Words of the Living and the Writings of the Dead without quoting any to avoid Ostentation so he hopes that this ingenuous Confession being made at first no man will be offended though he give no notice when the Observation is theirs and when it is his own having taken special care that both in theirs and in his own there should be nothing but the truth so that although the Reader not perceiving every where by what Authority divers things are averred may be apt to suspect that some things are gratis dicta yet if it shall please him to make search he will find that generally they are vere cum authoritate dicta However in a Subject so multiform as this where so many Marks are aimed at no wonder if in some the Author hath not hit the White but wheresoever it was missed it is not perhaps much wide there-from and if in any thing by mis-information or mis-observation there be any palpable mistake as humanum est errare it shall in the next Impression be duly corrected if any Reader will be so cou●teous as to advertise either the Author the Printer or Publisher by Letter or otherwise Brevity and a Laconique Stile is aimed at all along that so there might be Magnum in Parvo that it might be mole minimus though Re magnus that the whole State of England might be seen at once 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or as in a Map that as it will be a necessary Book for all Englishmen at all times so every one might without trouble alwayes carry it about with him as a Companion to consult upon all occasions Mistakes in printing to be corrected thus PAg. 4. line 23. read complexion p. 9. l. 6. bl●● out Nightingales and l. 20. adde Rie p. 8. l. 3. blot out Snipes p. 23. l. 17. adde It wants not 〈◊〉 Bat●s and abounds in M●dicinal Springs p. 31. l 6. r. had p. 42. l 22. r. Treaties p 47. l. 14. r. 25th p. 73. l. 20. make a Cross within the Circle p. 81. l. 4. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 98. l. 6. r. Dominium p. 114. l. 10. r. Lieu. p. 122. l. 6. r. Eslire p. 132. l. 15. r. Dominium p. 136. l. 5. r. Vice ii p. 168 l. 16. r. Co●sili●● ii p. 189 l. 17. r. thirteenth p. 192. l. 4 r. married to Prince William only Son to Henry c. 〈◊〉 20● l. 4. r. 17 ●e●●n b. 1619. p. 237. l. 8. for Esses r. t●● Garter p. 247. l. 21. for Stool r. Stole p. 251. l. ●3 fo● George D●ke of Albemarle r. George Duke o● Buckingham p. 269. l. 10. r. Lord Chamberlain p. 272. l. 14. for Crey r. Crew p. 335. l. 14. r. Saxon● p. 445. l. 11. r. William Craven p. 446. l. 13. r. Audley p. 449. l. 9. blot out Richard Boyle p. 454. l. 17. r 170 p. 504. l. 23. r. may descend The Contents OF England in general p. 1. to p. 80. and therein Of its Name Climat Dimensions Air Soil Commodities Inhabitants their Language Stature Diet Attire Buildings Number Dispositions Vertues Vices and Re●reations Of the Weights Measures and Moneys Of the English Computation Manner of Numbring Names and Surnames Of the Government of England in general p. 80. Of the King of England p. 87. to p. 149. and therein of his Name Title Arms Patrimony Dominions Person Office Prerogative Power Supremacy Soveraignty and Respeet Of Succession to the Crown of England p. 149. Of the Kings Minority Incapacity and Absence Of the Queen of England p. 156. Of the Sons and Daughters of England p. 160. Of the present King of England p. 171. to p. 183. and therein of his Name Surname Genealogy Birth Baptisme Education Restauration Marriage c. Of the present Queen of England p. 183. Of the Queen Mother p. 189. Of the present Princes and Princesses of the Blood p. 194. to p. 213. Of the Great Officers of the Crown p. 213. to p. 233. Of the Kings Court the Ecclesiastical Civil and Military Government therein p. 233. to p. 300. Of the Queen Consorts Court p. 300. Of the Q. Mothers Court p. 305. Of the Duke of York's Court p. 312. Of the Three States of England and first of the Clergy p. 326. to p. 405. and therein of their Dignity Name and Degrees c. Of the Priviledges belonging to the Archbishops p. 335. Of the Priviledges belonging to Bishops p. 352. A Catalogue of all the Bishops p. 363. Of the Priviledges of the Inferior Clergy p. 376. A Catalogue of all the Deans of England p. 402. Of the
French Nation began to take Surnames with de prefixt as at this day is their usual manner The English also took to themselves Surnames but not generally by the Common People till the Raign of Edw. 2. At first for Surnames the English Gentry took the Name of their Birth-place or Habitation as Thomas of Aston or East-Town John of Sutton or South-Town and as they altered their Habitation so they altered their Surname After when they became Lords of places they called themselves Thomas Aston of Aston John Sutton of Sutton The Common People for Surnames added their Fathers Name with Son at the end thereof as Thomas Johnson Robert Richardson They also oft took their Fathers Nick Name or abbreviation with addition of s as Gibs the Nick Name or abbreviation of Gilbert Hobs of Robert Nicks of Nicholas Bates of Bartholomew Sams of Samuel and thence also Gibson Hobson Nickson Batson Samson c. Many also were surnamed from their Trade as Smith Joyner Weaver c. Or from their Office as Porter Steward Sheepheard Carter or from their Place of Abode as Atwood Atwell Athill which since are shrunk into Wood Wells Hill The Normans at their first coming into England brought Surnames for many of their Gentry with de prefixt as the French Gentry doth generally at this day and their Christian Names were generally German they being originally descended from a part of North Germany And some for about 200 years after the Conquest took for Surname their Fathers Christian Name with Fitz or Fils prefixt as Robert Fitz-William Henry Fitz-Gerard c. The Britains or Welsh more lately civilized did not take Surnames till of late years and that for the most part only by leaving out a in ap and annexing the p to their Fathers Christian Name as instead of Evan ap Rice now Evan Price so instead of ap Howel Powel ap Hughe Pughe ap Rogers Progers c. The most ancient Families and of best account for Surnames in England are either those that are taken from Places in Normandy and thereabouts in France and from some other Transmarine Countries or else from Places in England and Scotland as Devereux Seymour Nevile Montague Mohun Biron Bruges Clifford Berkley Darcy Stourton c. which antiently had all de prefixt but of later times generally neglected Of the Government of ENGLAND in general OF Governments there can be but three Kinds for either One or More or All must have the Soveragn Power of a Nation If One then it is a Monarchy If More that is an Assembly of Choice Persons then it is an Aristocracy If All that is the General Assembly of the People then it is a Democracy Of all Governments the Monarchical as most resembling the Divinity and nearest approaching to perfection unity being the perfection of all things hath ever been estemed the most excellent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Transgressions of a Land many are the Princes or Rulers thereof Prov. 28. 2. Of Monarchies some are Despotical where the Subjects like Servants are at the Arbitrary Power and Will of their Soveraign as the Turks and Barbarians Others Political or Paternal where the Subject like Children under a Father are governed by equal and just Laws consented and sworn unto by the King as is done by all Christian Princes at their Coronations Of Paternal Monarchies some are Hereditary where the Crown descends either only to Heirs Male as in France or next of Blood as in Spain England c. Others Elective where upon the death of every Prince without respect had to the Heirs or next of Blood another by Solemn Election is appointed to succeed as in Poland and Hungary and till of late in Denmark and Bohemia Of Hereditary Paternal Monarchies some are dependent and holden of Earthly Potentates and are obliged to do Homage for the same as the Kingdoms of Scotland and Man that held in Capite of the Crown of England and the Kingdome of Naples holden of the Pope others independent holden only of God acknowledging no other Superiour upon Earth England is an Hereditary Paternal Monarchy governed by one Supreme Independent and Undeposable Head according to the known Laws and Customs of the Kingdom It is a Free Monarchy challenging above many other European Kingdoms a freedom from all Subjection to the Emperour or Laws of the Empire for that the Roman Emperours obtaining antiently the Dominion of this Land by force of Arms and afterwards abandoning the same the Right by the Law of Nations returned to the former Owners pro derelicto as Civilians speak It is a Monarchy free from all manner of Subjection to the Bishop of Rome and thereby from divers inconveniencies and burdens under which the neighbouring Kingdoms groan as Appeals to Rome in sundry Ecclesiastical Suits Provisions and Dispensations in several cases to be procured from thence many Tributes and Taxes paid to that Bishop c. It is a Monarchy free from all Interregnum and with it from many mischiefs whereunto Elective Kingdoms are subject England is such a Monarchy as that by the necessary subordinate Concurrence of the Lords and Commons in the making and repealing all Statutes or Acts of Parliament it hath the main advantages of an Aristocracy and of a Democracy and yet free from the disadvantages and evils of either It is such a Monarchy as by a most admirable temperament affords very much to the Industry Liberty and Happiness of the Subject and yet reserves enough for the Majesty and Prerogative of any King that will own his people as Subjects not as Slaves It is a Kingdom that of all the Kingdoms of the World is most like the Kingdom of Jesus Christs whose yoke is easie whose burden is light It is a Monarchy that without interruption hath been continued almost 1000 years and till of late without any attempts of change of that Government so that to this sort of Government the English seem to be naturally inclined and therefore during the late Bouleversations or over-turnings when all the art that the Devil or Man could imagine was industriously made use of to change this Monarchy into a Democracy this Kingdom into a Common-wealth the most and the best of English Men the general Spirit and Genius of the Nation not so much the Presbiterian or Royalist by mighty though invisible influence concurred at once to restore their exiled Soveraign and re-establish that antient Government Of the KING of ENGLAND THe King is so called from the Saxon word Koning intimating Power and Knowledge wherewith every Soveraigne should especially be invested The Title antiently of the Saxon King Edgar was Anglorum Basileus Dominus quatuor Marium viz. the British German Irish and Deucalidonian Seas and sometimes Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumsacentis cunctarumque Nationum quae infra eum includuntur Imperator Dominus The Modern Title more modest is Dei Gratiâ of England Scotland
France and Ireland King Defender of the Faith The King only is Dei Gratiâ simply i.e. from the favour of none but God and the Archbishops and Bishops that pretend to that Title must understand Dei gratiâ Regis or Dei gratiâ voluntate Regis Defender of the Faith was antiently used by the Kings of England as appears by several Charters granted to the University of Oxford but in the year 1521 more affixt by a Bull from Pope Leo the Tenth for a Book written by Henry the Eighth against Luthers in defence of some points of the Romish Religion but since continued for defence of the Antient Catholck and Apostolick Faith Primogenitus Ecclesiae belongs to the Kings of England because their Predecessor Lucius was the first King that embraced Christianity Christianissimus was by the Lateran Council under Pope Julius the 2d conferred on the Kings of England in the 5th year of Henry 8 though now used only by the French King The Title of Grace was first given to the King about the time of H. 4. to H. 6. Excellent Grace to Ed. 4. High and Mighty Prince to Hen. 8. first Highness then Majesty and now Sacred Majesty after the Custom of the Eastern Emperours that used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The King of England in his Publick Instruments and Letters stiles himself Nos We in the plural number before King John's time the Kings used the singular number which Custom is still seen in the end of Writs Teste meipso apu● Westm In speaking to the King is used often besides Your Majesty Syr from Cyr in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Abbreviation o● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dominus much used to the Greek Emperours but Syr or Domine i● now in England become the ordinary word to all of better rank even from the King to the Gentleman It was antiently in England given to Lords afterwards to Knights and to Clergymen prefixt before their Christian Names ●ow in that manner only to Ba●onets and Knights of the Bath and Knights Batchelours yet in France Syr or Syre is reserved only for their King About the time that our Saviour lived on Earth there was a Jewish Sect whose Ring-●eader was one Judas of Gaile mentioned Acts 5. 37. that would not give this Title of Sir or Dominus to any man affirming that it was proper only to God and stood not unlike our new Fanaticks called Quakers so perversely for such Nominal Liberty being ●n other points meer Pharisees that no penalties could force them to give this honorary Title to any man no not to the Emperour uti videre 〈◊〉 apud Josephum alios Sed h●● obiter The Saxon Kings before the Conquest bare Azure a Cross● Formy between four Martlet Or. Afterward the Danish King raigning in England bare o● Semi de Harts Gules 3 Lyon Passant Gardant Azure After the Conquest the Kings of England bare two Leopards born first by the Conquerour as Duke of Normandy till the time of Hen. 2 who in right of his Mother annext her Paternal Coat the Lyon of Aquitaine which being of the same Field Mettal and Form with the Leopards ●●om thence-forward they were ●intly marshalled in one Shield and Blazoned 3 Lyons as at ●resent King Edward the Third in ●●ght of his Mother claiming ●he Crown of France with the Arms of England quartered the Arms of France which then were Azure Semy Flower ●eluces Or afterwards changed to 3 Flower deluces whereupon Hen. 5. of England caused the English Arms to be changed likewise King James upon the Union of England and Scotland caused the Arms of France and England to be quartered with Scotland and Ireland and are thus blazoned The King of England beareth for his Soveraign Ensigns Armorial as followeth In the first place Azure 3 Flower deluces Or for the Regal Arms of France quartered with the Imperial Ensigns of England which are Gules thre● Lyons Passant Gardant in Pal● Or. In the second place with in a double Tressure counter-flowered de lys Or a Lyon Rampant Gules for the Royal Arms of Scotland In the third place Azure an Irish Harp Or Stringed Argent for the Royal Ensigns of Ireland In the fourth place as in the first All within the Garter the chief Ensign of that most Honourable Order above the same an Helmet answerable to His Majesties Soveraign Jurisdiction upon the same a rich Mantle of Cloth of Gold doubled Ermine adorned with an Imperial Crown and surmounted for a Crest by a Lyon Passant Gardant Crowned with the like supported by 〈◊〉 Lyon Rampant Gardant Or Crowned as the former and an unicorn Argent Gorged with a Crown thereto a Chain affixt passing between his fore●egs and reflext over his back Or both standing upon a Compartment placed underneath and in the Table of the Compartment His Majesties Royal Motto Dieu mon Droit The Supporters used before the Union of England and Scotland were the Dragon and Lyon The Arms of France placed first for that France is the greater Kingdom and because from the first bearing those Flowers have been alwayes Ensigns of a Kingdom whereas the Arms of England were originally of Dukedoms as beforesaid The Motto upon the Garter Honi soit qui mal y pense that is Shame be to him that evil thereof thinketh was first given by Edward 3 the Founder of that Order upon occasion as some have written of a Garter falling from the Countess of Kent and Salisbury as she danced and taken up by that King whereat the Queen being jealous or the Courtiers observing it the King first uttered those words now upon the Garter whereof the Order was soon after instituted The Motto Dieu mon Droit that is God and my Right was first given by Richard the First to intimate that the King of England holdeth his Empire not in Vassallage of any mortal man but of God only and after taken up by Edward 3. when he first claimed the Kingdom of France King William the Conquerour getting by right of Conquest all the Lands of England except Lands belonging to the Church to Monastenies and Religious Houses into his own hands in Demesne as Lawyers speak soon bestowed amongst his Subjects a● great part thereof reserving some retribution of Rents and Services or both to him and his Heirs Kings of England which reservation is now as it was before the Conquest called the Tenure of Lands the rest he reserved to himself in Demesne called Coronae Regis Dominica Domaines and Sacra Patrimonia Praedium Domini Regis Directum Dominum cujus nullus est Author nisi Deus all other Lands in England being held now of some Superiour and depend mediately or immediately on the Crown but the Lands possest by the Crown being held of none can escheat to none being sacred cannot become prophane are or should be permanent and inalienable Which Royal Domaines are by Time the Gift and Bounty of
ever since th● Conquest in the Kings of England to the great honour an● benefit of the King and King●dom though some abuse● made some of the people out 〈◊〉 love with their good and th● Right of that part of his ju●● Prerogative The King by his Prerogative is Ultimus Haeres Regni and is as the Great Ocean is 〈◊〉 all Rivers the receptacle of a● Estates when no Heir appears for this cause all Estates fo● want of Heirs or by forfeiture revert or escheat to the King All spiritual Benefices for want of Presentation by the Bishop is lapsed at last to the King all Treasure Trove that is Money Gold Silver Plate or Bullion found and the Owner unknown belongs to the King so all Wayfs Strays Wrecks not granted away by him or any former Kings all Wast ground or Land recovered from the Sea all Lands of Aliens dying before Naturalization or Denization and all things whereof the property is not known All Gold and Silver Mines in whosoever ground they are found Royal Fishes ●s Whales Sturgeons Dolphins c. Royal Fowl as Swans not markt and swimming at liberty on the River belong to the King In the Church the Kings Prerogative and Power is extraordinary great He only hath the Patronage of all Bishopricks none can be chosen but by his Conged ' Estier whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the Kings special Writ or Assent He is the Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal cares as in the 23th year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and by Commissioners or by his Metropolitanes in their several Jurisdictions to make Canons Orders Ordinances and Constitutions to introduce into the Church what Ceremonies he shall think fit reform and correct all Heresies Schismes and punish Contempts c. and therein and thereby to declare what Doctrines in the Church are fit to be publisht or professed what Translation of the Bible to be allowed what Books of the Bible are Canonical and what Apocryphal c. In 28 of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non Residency c. the Queen much incensed forbad them to meddle in any Ecclesiastical Affairs for that it belonged to her Prerogative c. The King hath power to pardon the violation of Ecclesiastical Laws or to abrogate such as are unfitting or useless to dispense with the Rigour of Ecclesiastical Laws and with any thing that is only prohibitum malum per accidens non malum in se as for a Bastard to be a Priest for a Priest to hold two Benefices or to succeed his Father in a Benefice or to be Non Resident c. Hath power to dispense with some Acts of Parliament Penal Statutes by Non Obstantes where himself is only concerned to moderate the rigor of the Laws according to Equity and Conscience to alter or suspend any particular Law that he judgeth hurtful to the Commonwealth to grant special Priviledges and Charters to any Subject to pardon a man by Law condemned to interpret by his Judges Statutes and in Cases not defined by Law to determine and pass Sentence And this is that Royal Prerogative which in the hand of a King is a Scepter of Gold but in the hands of Subjects is a Rod of Iron This is that Jus Coronae a Law that is parcel of the Law of the Land part of the Common Law and contained in it and hath the precedence of all Laws and Customs of England and therefore void in Law is every Custom quae exaltat se in Praerogativam Regis Some of these Prerogatives especially those that relate to Justice and Peace are so essential to Royalty that they are for ever inherent in the Crown and make the Crown they are like the Sun-beams in the Sun and as inseparable from it and therefore it is held by great Lawyers that a Prerogative in point of Government cannot be restrained or bound by Act of Parliament but is as unalterable as the Laws of the Medes and Persians wherefore the Lords and Commons Rot. Parl. 42. Edw. 3. num 7. declared that they could not assent in Parliament to any thing that tended to the disherison of the King and the Crown whereunto they were sworn no though the King should desire it and every King of England as he is Debitor Justitiae to his people so is he in conscience obliged to defend and maintain all the Rights of the Crown in possession and to endeavour the recovery of those whereof the Crown hath been dispossest and when any King hath not religiously observed his duty in this point it hath proved of very dreadful consequence as the first fatal blow to the Church of England was given when Hen. 8. waving his own Royal Prerogative referred the redress of the Church to the House of Commons as the Lord Herbert observes Hist Hen. 8. So the greatest blow that ever was given to Church and State was when the late King parting with his absolute Power of dissolving Parliaments gave it though only pro ill● vice to the Two Houses of Parliament And indeed it greatly concerns all Subjects though it seem a Paradox to be far more solicitous that the King should maintain and defend his own Prerogative and Preeminence than their Rights and Liberties the truth whereof will appear to any man that sadly considers the mischiefs and inconveniencies that necessarily follow the diminution of the Kings Prerogative above all that can be occasioned by some particular infringements of the Peoples Liberties As on the other side it much concerns every King of England to be very careful of the Subjects just Liberties according to that Golden Rule of the best of Kings Charles I That the Kings Prerogative is to defend the Peoples Liberties and the Peoples Liberties strengthen the Kings Prerogative Whatsoever things are proper to Supreme Magistrates as Crowns Scepters Purple R●be Golden Globe and Holy Unction have as long appertained to the King of England as to any other Prince in Europe He holdeth not his Kingdom in Vassallage nor receiveth his Investiture or Installment from another Acknowledgeth no Superiority to any but God only Not to the Emperour for Omnem Potestatem habet Rex Angliae in Regno suo quam Imperator vendicat in Imperio and therefore the Crown of England hath been declared in Parliaments long ago to be an Imperial Crown and the King to be an Emperour of England and Ireland and might wear an Imperial Crown although he choseth rather to wear a Triumphant Crown such as was anciently worn by the Emperours of Rome and that because his Predecessors have triumpht not only over Five
Vindicta est mihi for all punishments do proceed from him in some of his Courts of Justice and it is not lawful for any Sub●ect to revenge himself So he onely can be Judge in his own Cause though he de●●ver his Judgement by the Mouth of his Judges And yet there are some ●hings that the King of England cannot do Rex Angliae ●ihil injuste potest and the King cannot devest himself or his Successors of any part of his Regal Power Prerogative and Authority inherent and annext to the Crown not that there ●s any defect in the Kings Power as there is none in Gods Power though he cannot lie nor do any thing that implies Contradiction not but that the King of England hath as absolute a power over all his Sub●ects as any Christian Prince rightfully and lawfully hath o● ever had not but that he still hath a kind of Omnipotency no● to be disputed but adored by his Subjects Nemo quidem 〈◊〉 factis ejus praesumat disputar● saith Bracton multo minu● contra factum ejus ire nam d●● Chartis Fact is ejus non deben● ne● possunt Justiciarii mult● minus privatae personae disputare Not but that the King may do what he please without either opposition or resistance and without being questioned by his Subjects for the King cannot be impleaded for any Crime no Action lieth against his Person because the Writ goeth forth in his own Name and he cannot arrest himself If the King should seize his Subjects Lands which God forbid or should take away his Goods having no Title by Law so to do there is no remedy Onely this Locus erit saith the same Bracton supplicationi quod factum suum corrigat emendet quod quidem si non fecerit sufficit ei ●d paenam quod Dominum Dèum expectet Vltorem There may be Petitions and Supplications made that His Majesty will be pleased to rule according to Law which if he shall refuse to do it is sufficient that he must expect that the King of Kings will be the Avenger of Oppressed Loyal Subjects But there are also divers things which the King cannot do Salvo jure Salvo Juramento Salvâ Conscientia sua Because by Oath at his Coronation and indeed without any Oath by the Law of Nature Nations and of Christianity he holds himself bound as do all other Christian Kings to protect and defend his people to do justice and to shew mercy to preserve Peace and Quietness amongst them to allow them their just Rights and Liberties to consent to the Repealing of bad Laws and to the Enacting of good Laws Two things especially the King of England doth not usually do without the consent of his Subjects viz. make New Laws and raise New Taxes there being something of Odium in both of them the one seeming to diminish the Subjects Liberty and the other his Property therefore that all occasion of disaffection towards the King the Breath of our Nosthrils and the Light of our Eyes as he is stiled might be avoided it was most wisely contrived by our Ancestors that for both these should Petitions and Supplications be first made by the Subject These and divers other Prerogative rightfully belong and are enjoyed by the King of England Nevertheless the Kings of England usually govern this Kingdom by the ordinary known Laws and Customs of the Land as the great God doth the World by the Laws of Nature yet in some Cases for the benefit not damage of this Realm they make use of their Prerogatives as the King of Kings doth of his Extraordinary Power of Working of Miracles Lastly To the Kings of England quatenus Kings doth appertain one Prerogative that may be stiled super-excellent if not miraculous which was first enjoyed by that pious and good King Edward the Confessor which is by the touch to remove and to cure the Struma that stubborn disease commonly called the Kings Evil. In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from his Subjects more Reverence Honour and Respect than the King of England All his People at their first Addresses kneel to him he is at all times served upon the Knee all Persons not the Prince or other Heir Apparant excepted stand bare in the presence of the King and in the Presence Chamber though in the Kings absence Only it was once indulged by Queen Mary for some eminent services performed by Henry Ratcliffe Earl of Sussex that by Patent he might at any time be covered in her presence but perhaps in imitation of the like liberty allowed by King Philip her Husband and other Kings of Spain to some of the principal Nobility there called Grandees of Spain Any thing or Act done in the Kings Presence is presumed to be void of all deceit and evil meaning and therefore a Fine levied in the Kings Court where the King is presumed to be present doth bind a Feme Covert a married Woman and others whom ordinarily the Law doth disable to transact The Kings only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch of Justice he useth no other Witness but himself viz. Teste me ipso Of the Kings Succession to the Crown of ENGLAND THe King of England hath right to the Crown by Inheritance and the Laws and Customs of England Upon the Death of the King the next of Kindred though born out of the Dominions of England or born of Parents not Subjects of England as by the Law and many Examples in the English Histories it doth manifestly appear is and is immediately King before any Proclamation Coronation Publication or Consent of Peers or People The Crown of England descends from Father to Son and to his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of Brother to the Sister and her Heirs The Salique Law or rather Custom of France hath here no more force than it had anciently among the Jews or now in Spain and other Christian Hereditary Kingdoms Among Turks and Barbarians that French Custom is still and ever was in use In Case of descent of the Crown contrary to the Custom of the descent of Estates among Subjects the Half Blood shall inherit so from King Edward the Sixth the Crown and Crown Lands descended to Queen Mary of the half blood and again to Queen Elizabeth of the half blood to the last Possessor At the death of every King die not only the Offices of the Court but all Commissions granted to the Judges durante beneplacito and of all Justices of Peace If the King be likely to leave his Crown to an Infant he doth usually by Testament appoint the person or persons that shall have the tuition of him and sometimes for want of such appointment a fit person of
by the Earl of Sandwich conducted by a Squadron of Ships to Portsmouth where the King first met her and was remarried On the 23th of August 1662 her Majesty coming by water from Hampton Court was with great Pomp and Magnificence first received by the Lord Mayor and Aldermen of London at Chelsey and thence conducted by water to Whitehall The Portion she brought with her was Eight hundred Millions of Reas or two Millions of Crusado's being about Three hundred thousand pounds Sterling together with that important place of Tangier upon the Coast of Africk and the Isle of Bombaim neer Goa in the East Indies with a Priviledge that any Subjects of the King of England may trade freely in the East and VVest Indie Plantations belonging to the Portugueses Her Majesties Joynture by the Articles of Marriage is Thirty thousand pounds Sterling per Annum and the King out of his great affection toward her hath as an addition settled upon her 10000 l. per Annum more The Queens Arms as Daughter of Portugal is Argent 5 Scutcheons Azure cross wise each Scutcheon charged with 5 Plates or Besants Argent Saltier-wise with a Point Sable the Border Gules charged with 7 Castles Or. This Coat was first worn by the Kings of Portugal in memory of a Signal Battel obtained by the first King of Portugal Don Alphonso against 5 Kings of the Moors before which Battel appeared Christ crucified in the air and a Voice heard as once to Constantine the Great In hoc signo vinces before which time the Portugal Arms were Argent a Cross Azure Queen CATHERINE is a Personage of such rare perfections of Mind and Body of such eminent Piety Modesty and other Vertues that the English Nation may yet promise all the happiness they are capable of from a Succession of Princes to govern them to the end of the World Of the Queen-Mother THe Third Person in the Kingdom is the Queen-Mother or Dowager Henretta Maria de Bourbon Daughter to the Great King Henry the Fourth Sister to the Just King Lewis the Eleventh Wife to the Pious Martyr King Charles the First Mother to our Gracious Sovereign King Charles the Second and Aunt to the present Puissant King Lewis the 14th She was born the 19th of November 1609 married first at Nostre Dame in Paris by Proxy 1625 and shortly after in the moneth of June arriving at Dover was at Canterbury espoused to King Charles the First In the year 1629. was delivered of her First born a Son that died shortly after in 1630 of her Second our present Soveraign whom God long preserve in 1631 of her Third Mary the late Princess of Orenge a Lady of admirable Vertues who had the happiness to see the King her Brother restored 6 or 7 moneths before her death In 1633 of her Fourth James now Duke of York In 1635 of her Fifth named Elizabeth who being a Princess of incomparable Abilities and Vertues died for grief soon after the murther of her father In 1636 of her Sixth named Anna who died young In the year 1640 of her Seventh Child Henry of Oatlands designed Duke of Glocester who living till above 20 being most excellently accomplished in all Princely Endowments died four moneths after the Restauration of the King In the year 1644 of her Eighth the Lady Henretta now Dutchess of Orleans In the year 1641 her Majesty fore-seeing the ensuing storm of Rebellion and seeing the groundless Odium raised already against her self timely withdrew her self with her eldest Daughter then newly married to Henry Prince of Orange into Holland whence in 1643 after a most furious storm and barbarous fierce pursuit of the English Rebels at Sea she landed at Burlington Bay with Men Money and Ammunition and soon after with a considerable Army met the King at Edgehill and thence was conducted to Oxford In April 1644 marching with competent forces from Oxford towards Exeter at Abington took her last farewel of the King whom she never saw again In July following embarkt at Pendennis Castle she sailed into France where entertained at the Charges of her Nephew the persent King of France she passed a solitary retired life until the moneth of October 1660. when upon the Restauraution of her Son to the Crown of England she came to London and having settled her Revenues here she went again with her youngest Daughter the Lady Henretta into France to see her espoused to the then Duke of Anjou now of Orleans and in the moneth of July 1662 being returned into England she settled her Court at Somerset-House where she continued till May 1665 then crossed the Seas again and hath ever since continued in France her Native Countrey She needeth no other Character then what is found in the Seventh Chapter of that inimitable Book compiled by him that knew her best Of the present Princes and Princesses of the Blood Royal of England THe First Prince of the Blood in France called Monsieur sans queue is the Most Illustrious Prince James Duke of York Second Son to King Charles the Martyr and only Brother to the present King our Soveraign He was born Octob. 14. 1633 and forth-with proclaimed at the Court Gates Duke of York the 24th of the same moneth was baptized and afterward committed to the Government of the then Countess of Dorset The 27th of July 1643 at Oxford was created by Letters Patents Duke of York though called so by special command from his Birth without those Solemnities the iniquity of the times not admitting thereof that were used to the King his Father 1605 when being Second Son to King James and so Duke of Albany in Scotland was created Duke of York with the preceding Solemn Creation of divers young Noblemen to be Knights of the Bath and the Robes of State put upon him the Cap of State on his Head and the Golden Rod into his Hand the Prime Nobility and Heralds assisting at that Ceremony After the Surrender of Oxford his Royal Highness was in 1646 conveyed to London by the then prevailing disloyal part of the Two Houses of Parliament and committed with his Brother Glocester and Sister Elizabeth to the care of the Earl of Northumberland In 1648 aged about 15 was by Colonel Bampfield conveyed in a disguise or habit of a Girle beyond Sea first to his Sister the Princess Royal of Orenge in Holland and afterward to the Queen his Mother then at Paris where he was carefully educated in the Religion of the Church of England and in all Exercises meet for such a Prince About the Age of 20 in France he went into the Campagne and served with much Gallantry under that great Commander the Protestant Mareschal de Turenne for the French King against the Spanish forces in Flanders Notwithstanding which upon a Treaty between the French King and Cromwell in 1655 being obliged with all his retinue to leave the French Dominions and invited into Flanders by Don Juan of Austria he there served
Duke of Cumberland after the extinction of the Male Line of the Cliffords Finally the Kings forces at land being totally defeated he transported himself into France and was afterward made Admiral of such Ships of War as submitted to King Charles the Second to whom after divers disasters at Sea and wonderful preservations he returned to Paris 1652 where and in Germany sometimes at the Emperours Court and sometimes at Heydelberg he passed his time in Princely Studies and Exercises till the Restauration of his Majesty now raigning after which returning into England was made a Privy Counsellour in 1662 and in 1666 being joyned Admiral with the Duke of Albemarle first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the Enemy soon to flight He enjoys a Pension from his Majesty of 4000 l. per Annum After Prince Rupert the next Heirs to the Crown of England are 3 French Ladies Daughters of Prince Edward lately deceased who was a younger Son of the Queen of Rehemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. Sterling a year After these is the Princess Elizabeth eldest Sister living to the Prince Elector Palatin born 26 Decemb. 1618. unmarried and living in Germany The next is another Sister called the Princess Louisa bred up at the Hague with the Queen her Mother in the Religion of the Church of England at length embracing the Romish Religion is now Lady Abbess of Maubisson at Ponthoise not far from Paris Last of all is the Princess Sophia youngest Daughter to the Queen of Bohemia born at the Hague 1630. and in 1659 wedded to John Duke of Lunenberg and Free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters Of these three Princesses it is said that the first is the most learned the second the greatest Artist and the last one of the most accomplisht Ladies in Europe Of the Great Officers of the Crown NExt to the King and Princes of the Blood are reckoned the Great Officers of the Crown whereof there are Eight viz. the Lord High Chancellour the Lord High Treasurer the Lord Privy Seal the Lord High Admiral the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Steward for the time being First the Lord High Chancellour Summus Cancellarius so called because all Patents Commissions Warrants coming from the King and perused by him are signed if well or cancelled if amiss He is after the King and Princes of the Blood in Civil Affairs the highest Person in the Kingdom as the Archbishop of Canterbury is in Ecclesiastical Affairs His Office is to keep the Kings Great Seal to judge not according to the Common Law as other Civil Courts do but to moderate the rigour of the Law and to judge according to Equity Conscience or Reason His Oath is to do right to all manner of People poor and rich after the Laws and Customs of the Realm and truly counsel the King to keep secret the Kings Counsel nor suffer so far as he may that the Rights of the Crown be diminisht c. From the time of Henry 2. the Chancellours of England have been ordinarily made of Bishops or other Clergy-men learned in the Civil Laws till Henry 8. made Chancellour one Richard Rich a Common Lawyer from whom is descended the present Earl of Warwick and the Earl of Holland since which time there have been some Bishops but most Common Lawyers This High Office is in France durante vitâ but here is durante beneplacito Regis The Salary from the King is 848 l. per Annum and when the Star-Chamber was up 200 l. per Annum more for his Attendance there The Lord Chancellour or Lord Keeper who differ only in Name is created per traditionem magni Sigilli sibi per dominum Regem and by taking his Oath The Great Seal being lately taken from Edward Earl of Clarendon Lord Chancellour was by his Majesties great favour bestowed upon Sir Orlando Bridgeman with the Title of Lord Keeper of the Great Seal of England The next Great Officer of the Crown is the Lord High Treasurer of England who receives this high Office by delivery of a White Staffe to him by the King and holds it durante beneplacito Regis Antiently he received this Dignity by the delivery of the Golden Keys of the Treasury His Oath is little different from that of the Lord Chancellour He is Praefectus Aerarii a Lord by his Office under whose Charge and Government is all the Kings Revenue kept in the Exchequer He hath also the check of all the Officers any way emploied in collecting Imposts Customs Tributes or other Revenues belonging to the Crown He hath the gift of all Customers Controllers and Searchers in all the Ports of England He hath the nomination of the Escheators in every County and in some Cases by Statute is to appoint a Measurer for the length and breadth of Clothes He with others joyned in Commission with him or without letteth Leases of all the Lands belonging to the Crown He giveth Warrants to certain Persons of Quality to have their Wine Custom free The Annual Salary of the Lord High Treasurer is in all 383 li. 7s 8d per Annum Since the decease of Thomas Wriothesly last Earl of South-hampton and last Lord High Treasurer of England this Office hath been executed by a Commission granted to five eminent Persons viz. the Duke of Albemarle Lord Ashley Sir Thomas Clifford Sir Will. Coventry and Sir John Duncomb The Third Great Officer of the Crown is the Lord Privy Seal who is a Lord by his Office under whose hands pass all Charters and Grants of the King and Pardons signed by the King before they come to the Great Seal of England also divers other matters of less Concernment as for payments of money c. which do not pass the Great Seal He is by his Place of the Kings Privy Council and Chief Judge of the Court of Requests when it shall be re-continued and besides his Oath of Privy Counsellour takes a particular Oath as Lord Privy Seal His Salary is His Place according to Statute is next to the Lord President of the Kings Council It is an Office of great Trust and Skill that he put not this Seal to any Grant without good Warrant under the Kings Privy Signet nor with Warrant if it be against Law or Custom until that the King be first acquainted This great Officer is mentioned in the Statutes of 2 Rich. 2. and then ●anked amongst the Chief Persons of the Realm And is at present enjoyed by John Lord Robarts Baron Robarts of Truro The Fourth Great Officer of the Crown is the Lord
High Admiral of England whose Trust and Honour is so great that this Office hath usually been given either to some of the Kings younger Sons near Kinsmen or to some one of the highest and chiefest of all the Nobility He is called Admiral from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Greek that is Praefectus Marinus a word borrowed from the Eastern Empire where such kind of compounds were much in re-request and introduced into England after the Wars in the Holy Land by King Richard or King Edward 1. The Patent of the Lord Admiral did anciently run thus Angliae Hiberniae Aquitaniae Magnus Admirallus but at present thus Angliae Hiberniae ac Dominiorum Insularum earundem Villae Callesiae Marchiarum ejusdem Normandiae Gasconiae Aquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum To the Lord High Admiral of England is by the King intrusted the management of all Marine Affairs as well in respect of Jurisdiction as Protection He is that High Officer or Magistrate to whom is committed the Government of the Kings Navy with Power of decision in all Causes Maritime as well Civil as Criminal of all things done upon or beyond the Sea in any part of the World all things done upon the Sea Coasts in all Ports and Havens and upon all Rivers below the first Bridge next toward the Sea The Lord Admiral hath the power to commissionate a Vice-Admiral a Reer Admiral and all Sea Captains also Deputies for particular Coasts Coroners to view dead bodies found on the Sea Coasts or at Sea Commissioners or Judges for exercising Justice in the Court of Admiralty to imprison release c. He hath sometimes a power to bestow Knighthood to such as shall deserve it at Sea To the Lord Admiral belongs by Law and Custom all penalties and amercements of all Transgressors at Sea on the Sea Shore in Ports and from the first Bridge on Rivers towards the Sea also the Goods of Pyrats Felons or Capital Faulters condemned outlawed or horned Moreover all Waifs Stray Goods Wrecks of Sea Deodands a share of all lawful Prizes Lagon Jetson and Flotson as the Mariners term them that is Goods lying in the Sea on Ground Goods floting on the Sea and Goods cast by the Sea on the Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea Hogs and other Fishes of extraordinary bigness called Royal Fishes except only Whales and Sturgeons This High Dignity is at present enjoyed by the Kings only Brother the Illustrious Prince James Duke of York The Fifth Great Officer of the Crown is the Lord Great Chamberlain of England an Officer of great Antiquity to whom belongs Livery and Lodging in the Kings Court and certain Fees due from each Archbishop and Bishop when they do their Homage or Fealty to the King and from all Peers of the Realm at their Creation or doing the Homage or Fealty and at the Coronation of any King to have 40 Ells of Crimson Velvet for his own Robes and on the Coronation day before the King riseth to bring him his Shirt Coyfe Wearing Clothes and after the King is by him apparelled and gone forth to have his Bed and all Furniture of his Bed-Chamber for his Fees all the Kings Night Apparel and to carry at the Coronation the Coyfe Gloves and Linnen to be used by the King upon that occasion also the Sword and Scabberd and the Gold to be offered by the King and the Robe Royal and Crown and to undress and attire the King with his Robes Royal and to serve the King that day before and after Dinner with water to wash his hands and to have the Basin and Towells for his Fees c. This Honour was long enjoyed by the Earls of Oxford from the time of Hen. 1. by an Estate Tayle or Inheritance but in the two last Coronations by the Earls of Lindsey and that by an Estate of Inheritance from a Daughter or Heir General claimed and controverted The Sixth Great Officer is the Lord High Constable of England so called some think from the Saxon Cuning by contraction King and Stable quasi-Regis columen for it was antiently written Cuningstable but rather from Comes Stabuli whose Power and Jurisdiction was antiently so great that after the death of Edward Bohun Duke of Buckingham 1521 the last High Constable of England it was thought too great for any Subject But since upon occasion of Coronations as at that of King Charles 2. was made the present Earl of Northumberland and at Solemn Trials by Combat as at that which was intended between Rey and Ramsey 1631 was made Robert Earl of Lindsey there is created pro hac vice a Lord High Constable His Power and Jurisdiction is the same with the Earl Marshal with whom he sits Judge in the Marshals Court and takes place of the Earl Marshal The Seventh Great Officer of the Crown is the Earl Marshal of England so called from Mare in the old Saxon i.e. Horses and Schal Praefectus He is an Earl some say by his Office whereby he taketh as the Constable doth Cognisance of all matters of War and Arms determineth Contracts touching Deeds of Arms out of the Realm upon Land and matters concerning Wars within the Realm which cannot be determined by Common Law This Office is of great Antiquity in England and antiently of great Power The last Earl Marshal was Henry Howard Earl of Arundel who died in 1652 his Father Thomas Earl of Arundel and he enjoying that Office onely for the Term of their lives by the Kings Letters Patents At the Coronation of His Majesty now raigning the present Earl of Suffolk for that Solemnity only was made Earl Marshal The Eighth and last Great Officer of the Crown is the Lord High Steward of England quasi Stedeward Locum tenens the Kings Lieftenant in Lawyers Latin Seneschallus of Sen in Saxon Justice and Schals Governour or Officer His Power antiently in Civil Matters was next to the King and was so transcendent that it was thought fit not longer to trust it in the hands of any Subject for his Office was Supervidere regulare sub Rege immediatè post Regem as an antient Record speaks totum Regnum Angliae omnes ministros Legum infra idem regnum temporibus pacis guerrarum The last that had a State of Inheritance in this High Office was Henry of Bullinbrook Son and Heir to the great Duke of Lancaster John of Gaunt afterwards King of England since which time they have been made only hâc vice to officiate at a Coronation by vertue of which Office he sitteth judicially and keepeth his Court in the Kings Palace at Westminster and there receiveth the Bills and Petitions of all such Noblemen and others who by reason of their Tenure or otherwise claim to do Services at the New Kings Coronation
c. In the Kings Court not only striking is forbidden but also all occasions of Striking and therefore the Law saith Nullas Citationes aut summonitiones licet facere infra Palatium Regis apud Westm vel alibi ubi Rex residet The Court of the King of England for Magnificence for Order for Number and Quality of Officers for rich Furniture for Entertainment and Civility to Strangers for plentiful Tables might compare with the best Court of Christendom and far excel the most Courts abroad of one whereof see the Description made by an ingenious Person beyond Sea writing to a Friend of his at Court there Annon in Inferno es Amice qui es in Aula ubi Daemonum habitatio est qui illic suis artibus humanâ licet effigie regnant atque ubi Scelerum Schola est Animarum jactura ingens ac quicquid uspiam est perfidiae ac doli quicquid crudelitatis ac inclementiae quicquid effraenatae superbiae rapacis avaritiae quicquid obscaenae libidinis ac faedissimae impudicitiae quicquid nefandae impietatis morum pessimorum totum illic acervatur cumulatissimè ubi stupra raptus incestus adulteria ubi inebriari jurare pejerare Atheismum profiteri palam principum nobilium ludi sunt ubi fastus tumor ira Liver faedaque cupido cum sociis suis imperare videtur ubi criminum omnium procellae virtutumque omnium inerrabile naufragium c. But the Court of England on the contrary hath been and is hoped ever will be accounted as King James adviseth in his Basilicon Doron a Pattern of Godliness and all Honesty and Vertue and the properest School of Prowess and Heroick Demeanour and the fittest Place of Education for the Nobility and Centry The Court of England hath for a long time been a Pattern of Hospitality to the Nobility and Gentry of England All Noblemen or Gentlemen Subjects or Strangers that came accidently to Court were freely entertained at the plentiful Tables of His Majesties Officers Divers Services or Messes of Meat were every day provided Extraordinary for the Kings honour Two hundred and forty Gallons a day were at the Buttry Barr allowed for the Poor besides all the broken Meat Bread c. gathered into Baskets and given to the Poor at the Court Gates by 2 Grooms and 2 Yeomen of the Almonry who have Salaries of His Majesty for that Service Moreover the Court is an eminent Pattern of Charity and Humility to all that shall see the performance of that Antient Custom by the King and the Queen on the Thursday before Easter called Maundy Thursday wherein the King in a solemn manner doth wash the Feet cloth and feed as many poor Old Men as His Majesty is years old bestowing on every one Cloth for a Gown Linnen for a Shirt Shooes and Stockings a Joul of Salmon a Pol of Ling 30 Red and 30 White Herrings all in clean Wooden Dishes 4 Six Penny Loaves of Bread and a Purse with a 20 s. Piece of Gold The Magnificence and abundant plenty of the Kings Tables hath caused amazement in all Forreigners when they have been informed that yearly was spent of gross Meat 1500 Oxen 7000 Sheep 1200 Veals 300 Porkers 400 Sturks or young Biefes 6800 Lambs 300 Flitches of Bacon and 26 Boares Also 140 Dozen of Geese 250 Dozen of Capons 470 Dozen of Hens 750 Dozen of Pullets 1470 Dozen of Chicken For Bread 36400 Bushels of Wheat and for Drink 600 Tun of Wine and 1700 Tun of Beer Moreover of Butter 46640 Pounds together with Fish and Fowl Venison Fruit Spice proportionable This prodigious plenty caused Forreigners to put a higher value upon the King and caused the Natives who were there freely welcome to encrease their affection to the King it being found as necessary for the King of England this way to endear the English who ever delighted in Feasting as for the Italian Princes by Sights and Shews to endear their subjects who as much delight therein The Court of the Queen Consort of England THe Queens Court sutable to the Consort of so great a King is Splendid and Magnificent Her Majesty hath all Officers and a Houshold apart from the King for the maintenance whereof there is settled 40000 l. per annum For the Ecclesiastique Government of her Court there is first the Grand Almoner Father Howard Brother to the Duke of Norfolk He hath the superintendency over all the Ecclesiastiques belonging to the Queen The next is the Dean of the Chappel Doctor Goodwin The Third is the Treasurer of the Chappel Besides there are 4 Almoners and 4 Preachers 11 Franciscan Monks all Portuguez 6 Benedictins all English divers Persons belonging to the Musick of the Chappel to serve at the Altars Porters c. For the Civil Government of Her Majesties Court she hath a Council consisting of Persons of High Worth and Dignity whereof there are 12. 1. The Lord Vicount Cornbury her Lord Chamberlain 2. The Earl of Manchester 3. Earl of Sandwich 4. Lord Brunkard her Chancellour 5. Sir Richard Beclin her Secretary 6. Mr. Harvey Treasurer of her Houshold 7. Sir William Killigrew her Vice-Chamberlain 8. Mr. Montague her Atturney-General 9. Mr. Montague Brother to the Earl of Manchester her Sollicitor General 10. Mr. Montague Son to Lord Montague of Boughton 11. Sir Charles Harbord 12. Sir Henry Wood. Of Her Majesties Bed-Chamber are six Ladies of high rank first the Countess of Suffolk is her Groom of the Stole next are the Dutchess of Buckingham the Countesses of Castlemaine Bath Mairshal and Falmouth Her Majesty hath six Maids of Honour to wait at other times these must be all Gentlewomen unmarried over whom there is placed a Governess called The Mother of the Maids of Honour who is at present the Lady Sanderson The Maids are Mrs Cary Mrs Boynton Mrs Wells Mrs Price c. There are also 4 Dressers viz. the Ladies Scroop Freyser Killegrew and Mrs Le Guard moreover one Laundress Mrs Nun one Seamstress Mrs Chivens There are five Gentlemen Ushers of the Privy Chamber Sir William Courtney c. Five Gentlemen Ushers Daily Waiters Six Pages of the Back Stairs Eight Grooms of the Privy Chamber Two Carvers two Sewers two Cupbearers all Persons of quality Seven Gentlemen Ushers Quarter Waiters Four Pages of the Presence Master of Her Majesties Horse is Mr. Montague Son to the Lord Montague of Boughton To her Stable belong 4 Queries Persons of worth and 13 Grooms and 3 Messengers c. Of the Court of the Queen Mother THe highest Office in Her Majesties Court is that of Lord Chamberlain and Steward of Her Majesties Revenue enjoyed at present by Henry Lord Germin Earl of St. Albans whose Salary is and a Table of Dishes Monsieur Vantelet Vice-Chamberlain whose Salary is 200 l. per annum The third place is Her Majesties Chancellour enjoyed at present by Sir J. Winter Sir Henry Wood and Sir Robert Long whose Salary is and a Table of Dishes The
Cure of Souls To abolish irregularity gotten without a mans own default as by defect of body or birth or by accidental killing of a man c. To abolish the guilt of Simony To allow a Beneficed Clerk for some certain Causes to be Non-Resident for some time To allow a Lay-man to hold a Prebend c. whilst by study he is preparing himself for the Service of the Church To grant Dispensations to sick to Old People to Women with Child to eat flesh on dayes whereon it was forbidden To constitute Publick Notaries whose single Testimony is as good as the Testimonies of any two other Persons He hath the Power to grant Literns Tuitorias whereby any one that brings his Appeal may prosecute the same without any molestation To bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation there of a new Bishop who is also to provide a sufficient Benefice for one of the Chaplains of the Archbishop or to maintain him till it be effected By the Stat. Primo Eliz. it is provided that the Queen by the Advice of the Archbishop might ordain and publish such Rites and Ceremonies as may be for Gods glory for edifying the Church and due reverence of the Sacraments He hath the Prerogative to Consecrate a Bishop though it must be done in the presence and with the assistance of two other Bishops as every Bishop gives Ordination but with the assistance of Presbyters to assign Co-adjutors to infirm Bishops to confirm the Elections of Bishops within his Province to call Provincial Synods according to the Kings Writ alwayes directed to him to be Moderator in the Synods or Convocations to give his Suffrage there last of all to visit the whole Province to appoint a Guardian of the Spiritualties during the Vacancy of any Bishoprick within his Province whereby all the Episcopal Rights of that Diocess belong to him all Ecclesiastical Jurisdiction as Visitation Institutions c. The Archbishop may retain and qualifie 8 Chaplains which is 2 more than any Duke by Statute is allowed to do The Archbishop of Canterbury hath moreover the Power to hold divers Courts of Judicature for deciding of Differences in Ecclesiastical Affairs as his Court of Arches his Court of Audience his Prerogative Court and his Court of Peculiars of all which shall be handled particularly and apart in the Second Part of the Present State of England These and other Prerogatives and Priviledges the Wisdom of our first Reformers thought fit to be retained and added to the Chief Person under the King of the Church of England The next Person in the Church of England is the Archbishop of York who was antiently also of very high repute in this Nation and had under his Province not only divers Bishopricks in the North of England but all the Bishopricks of Scotland for a long time until the year 1470 when Pope Sixtus the 4th created the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland He was also Legatus Natus and had the Legantine Office and Authority annext to that Archbishoprick He hath still the place and precedence of all Dukes not of the Royal Blood and of all Great Officers of State except only the Lord Chancellour hath the Title of Grace and Most Reverend Father hath the Honour to Crown the Queen and to be her perpetual Chaplain He is stiled Metropolitan of England and hath under his Province the Bishopricks of York Durham Carlile Chester and that of the Isle of Man Hath the Rights of a Count Palatine over a certain Territory near York erected by King Rich. 2. into a County Palatine May qualifie also 8 Chaplains and hath within his Province divers other Prerogatives and Priviledges which the Archbishop of Canterbury hath within his own Province The next in place amongst the Clergy of England are the Bishops so called from the Saxon word Biscop and that from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Speculator Explorator vel Superintendens an Officer amongst the Heathen so called quia praeerat pani victui quotidiano Episcopus enim apud Christionos praeest pani victui spirituali All the Bishops of England are Barons and Peers of the Realm They are Barons by a threefold manner which cannot be said of the Lay Lords they are Feodal in regard of their Lands and Baronies annext to their Bishopricks They are Barons by Writ being summoned by the Kings Writ to Parliament and they are created Barons by Patent which at their Consecration is alwayes exhibited to the Archbishop They have the Precedence of all Temporal Barons under Vicounts In the Parliament have place in the Upper House in a double capacity not only as Barons but as Bishops for before they were Barons they had in all times place in the Great Council of the Kingdome and there ever placed on the Kings right hand not only to give their Advice as the Judges do but ad tractandum ordinandum statuendum definiendum c. They have the Title of Lords and Right Reverend Fathers All Bishops in England have one or two transcendent Priviledges which seem almost Regal as In their own Courts to judge and pass Sentence alone by themselves without any Collegue or Assessor which is not done in other of the Kings Courts for the Bishops Courts though held by the Kings Authority Virtute Magistratus sui are not accounted to be properly the Kings Courts and therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the Kings Name as all the Kings Courts properly so called do Moreover Bishops have this other transcendent Priviledge To depute their Authority to another as the King doth either to their Bishops Suffragans to their Chancellours to their Commissaries or other Officers which none of the Kings Judges may do All Bishops have one Priviledge above and beyond all Lay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may quatenus Bishops confer Orders c. whereas no Lay Baron Vicount Marquiss nor Duke is in Law acknowledgeed such out of the Dominions of the Prince who conferred those Honours The Laws and Customs of England are so tender of the Honour Credit Reputation and Person of Bishops our Spiritual Fathers that none might without special Licence from the King first obtained be endited of any Crime before any Temporal Judge Upon severe Penalty by our Laws no man may raise reports whereby Scandal may arise to the Person of any Bishop or Debate and Discord between them and the Commons of England In Civil Trials where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay Lord challenge the Array 〈◊〉 one Knight at least be not ●eturned of the Jury and it ●hall be allowed unto him as 〈◊〉 Priviledge due to his Peerage In Criminal Trials for life all ●ishops by Magna Charta and ●tat 25 Edw. 3.
Baron was used for Vir as at this day Baron or Varon in the Spanish Tongue is used for the same so that a Baron is Vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vir Notabilis Principalis so the Chief Burgesses of London antiently and still those of the Cinque Ports are called Barons Antiently those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part each Knights Fee being 20 l. which make in all 400 Marks and whoever had so much was wont to be summoned to Parliament Now to hold per Baroniam is to hold per haereditatem Baronis whether greater or less Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards when that King after that great Rebellion against him was supprest called by Writ unto Parliament only such great men as had continued loyal which the succeeding Kings observing they only were accounted Peers of the Realm that were called by the Kings special Writ and the others lost their Peerage The Earls Palatines and Earls Marchers of England had antiently also their Barons under them as in Cheshire there are yet such Barons but as no Bishops but those that hold immediately of the King are Peers of the Realm for the Bishop of Man holding immediately of the Earl of Derby is no Peer so no Barons but those that hold immediately of the King are Peers of the Realm Caput Baroniae is some Castle or Chief Seat of a Nobleman which is not to be divided amongst Daughters if there be no Son but must descend to the Eldest Daughter caeteris filiabus aliunde satisfactis Lands holden by Barony doth not make the purchaser that is ignoble to be noble although the charge of such Tenure doth lie upon him in respect of the Service of the Realm no more than Lands by Villain Service doth make the Purchaser that is a Freeman a Villain though he shall thereby be bound to his Villain Service due for those Lands Barons are sometimes made by Writ being thereby called to sit in the Higher House of Parliament but most usually by Patent All the fore-mentioned Degrees have the Title of Lord from the Saxon word Laford Dominus All the Lords of England both Spiritual and Temporal are Feudataries to the King and in their Creation and also in their Succession do swear an Oath of Fealty and do Homage to the King their Soveraign and pay certain Duties as Signs and Symbols of their Subjection to their Prince All Honours in England are given by the King who is the sole Fountain of Honour The Law of England prohibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince King or Emperour Est enim jus Majestatis inter Insignia summae potestatis None of these Honours bestowed by the King on a Family can be lost but by want of Issue or else by some heinous Crime and then that Family cannot be restored to their Blood but by Parliament All Noblemen at their Creation have two Ensigns to signifie two Duties Their Heads are adorned ad consulendum Regem Patriam tempore pacis and they are girt with a Sword ad defendendum Regem Patriam tempore belli The several Degrees of the English Nobility are differenced and distinguisht one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent and Noble Prince A Marquiss Most Noble and Potent Prince An Earl Most Noble and Potent Lord. A Vicount Right Noble and Potent Lord. And A Baron Right Noble Lord. Their Coronets are all different A Baron hath a Coronet of 6 Pearls upon the Circle given to that honour by the present King A Vicount hath a Coronet with 8 Pearls without the Circle ●n ●●arls Coronet hath the Pearls raised The Marquiss a Pearl and Strawbe●ry Leaf round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or Short Cloaks about their Shoulders A Baron hath but 2 Guards a Vicount two and and a half an Earl 3 a Marquiss 3 and a half and a Duke 4. The Nobility of England have in all times enjoyed many considerable Priviledges All Peers of the Realm being lookt on as the Kings Hereditary constant Counsellours their Persons out of Parliament time are priviledged as others in Parliament time from all arrest unless for Treason Felony or breach of Peace Condemnation in Parliament or Contempt to the King No Supplicavit can be granted against them No Capias or Exigent sued out against them for Actions of Debt or Trespass No Essoin lies against any Peer of the Realm In Criminal Causes Treason or Felony they cannot be tried by any other Jury but by a Jury of Peers of the Realm who are not as other Juries to be put to their Oath but their Ve●dict given in upon their Honour sufficeth In Civil Causes they are not to be empanelled upon any Jury nor upon any Enquests de facto though in a matter between two Peers In case any Peer be returned upon any such Jury there is a special Writ for his discharge Upon no case to be bound to the good behaviour nor put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated A Peer of the Realm may not be put to the Rack or Torture to discover the truth though accused of High Treason Every Peer of the Realm called to Parliament hath the Priviledge in his lawful absence to constitute a Proxy to vote for him which none of the Commons may do Also in places of trust committed to them they are allowed to make Deputies by reason of the necessity supposed in the Law of their attendance on the Person of the King Though neither Civil Law nor Common Law allow any others Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any Oath is esteemed valid and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry and to put in their Answer to a Bill super honorem without taking an Oath though of later times that Priviledge by the neglect of some Lords hath been infringed sometimes A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant and this by Statute Law because the Law presumes that a Peer of the Realm must alwayes be ready to attend the Person of the King and the Service of the Commonwealth and therefore it is not to be delayed longer than the ordinary use of the Court
but to have expedition of Justice At the beginning of Parliament when the Oath of Supremacy is exacted of all those of the House of Commons yet is it not reqnired of any of the Lords because the King is otherwise assured of their Loyalty and Fidelity as is presumed In all Cases wherein the Priviledge of Clergy is allowed to other men and also in divers Cases where that Priviledge is taken away from other men every Peer of the Realm having Place and Voice in Parliament shall upon his Request by Stat. 1. Ed. 6. without burning in the hand loss of Inheritance or corruption of Blood be adjudged for the first time as a Clerk convict though he cannot read All Barons of England are exempted from all attendance at Sherives Turns or any Leets as others are to take the Oath of Allegeance A Peer cannot be outlawed in any Civil Action because he cannot be arrested by any Capias and by the same reason lies no Attachment against him By the Custom of England as is by the Law of the Empire Nobiles non torquentur in quibus plebeii torquerentur Nobiles non suspenduntur sed decapitantur yet this by the meer favour of the King and in some cases especially of Felony hath been otherwise sometimes For the suppressing of Riots and Routs the Sheriff may raise the Posse Comitatus that is ●all able men are to assist him yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service A Baron of Parliament being sent for by the Kings Writ or Letter or by his Messenger to come to Court or to Parliament or to appear before the Council-Board or in his Court of Chancery may both coming and returning by the Kings Forest or Park kill one or two Deer In any Civil Trial where a Peer of the Realm is Plaintiff or Defendant there must be returned of the Jury at least one Knight otherwise the Array may be quasht by Challenge The Laws of England are so tender of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose to prohibit all offence by false reports whereby any scandal to their persons may arise or debate and discord between them and the Commons and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm it is called Scandalum Magnatum If a Peer of the Realm appear not upon a Subpena yet may not an Attachment be awarded against him as it may against a common person though of later times the practice hath been otherwise The House of a Peer cannot in some Cases as in search for Prohibited Books for Conventicles c. be en●●red by Officers of Justice without a Warrant under the Kings own hand and the hands of 6 of his Privy Council whereof 4 to be Peers of the Realm No Peer can be assessed towards the standing Militia but by 6 or more of themselves The Law allowing any one of the Commonalty to be ar●aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause and others by shewing cause yet allows not a Peer of the Realm to challenge any of his Jury or to put any of them to their Oath the Law presuming that they being all Peers of the Realm and judging upon their Honour cannot be guilty of Falshood o● Favour or Malice All Peers of the Realm have a Priviledge of qualifying a certain number of Chaplains who after a Dispensation from the Archbishop if to him i● seem good and the same ratified under the Great Seal of England may hold Plurality of Benefices with Cure of Souls In this manner every Duke may qualifie 6 Chaplains every Marquiss and Earl 5 apiece every Vicount 4 and every Baron 3. A Peer of the Realm may retain 6 Aliens born whereas another may not retain above 4. In Case of Amercements of the Peers of the Realm upon Non-suits or other Judgements a Duke is to be amer●ed only 10 pounds and all under only 5 l. and this to be done by their Peers accord●ng to Magna Charta al●hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm be●ng constant hereditary Councellours of the King in his Great Council of Parliament and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges are priviledged from contributing to the Expences of any Member of the House of Commons for which no levy may be made upon any of their Lands parcel of their Earldoms or Baronies any of their antient Demesnes Copyhold or Villain Tenants The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages satisfaction is to be sought by Execution taken forth upon their Lands and Goods and not by Attachments Imprisonments of their Persons those are to be alwayes free for the Service of the King and Kingdome no● by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8● Tun of Wine Custome free to every Earl and to the rest proportionably c. Notwithstanding these great Priviledges belonging to the Nobility of England yet the greatest of them no not the Brother or Son of the King ever had the Priviledge of the Grandees of Spain to be covered in the Kings Presence except only Henry Ratcliffe Earl of Surrey as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France whose Domain Lands and their Dependants holding them are exempted from all Contributions and Tailles whereby they are tied to their King and so enabled to serve him that although Rebellions are frequent yet seldome of long continuance and never prosperous whereas the highest born Subject of England hath herein no more Priviledge than the meanest Plowman but utterly want that kind of reward for antient Vertue and encouragement for future Industry Touching the Places or Precedences amongst the Peers of England it is to be observed that after the King and Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no● farther Dukes amongst the Nobility have the first place then Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Vicounts Earls eldest Sons Marquisses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons Here note That it was decreed by King James that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter quate●us tales and to all Privy Councellours Master of the Wards Chancellour and Under Treasurer of the Exchequer Chancellour of the Dutchy Chief Justice of the Kings Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and all other Judges and Barons of the Degree of the Coise of the said Courts