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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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Wise Four Dressers Mrs. Katherine Eliot 200 l. Mrs. Margaret Dawson 150 l. Mrs. Lelis Cranmer 150 l. Lady Apsley 150 l. Starcher Mrs. Mary Roche 120 l. Semstress Mrs. Ellen Green 80 l. Laundress Mrs. Mary Cowerd 250 l. Lace Mender Secretary to her Highness Sir Phil. Froud 100 l. Two Gentlemen Ushers each 80 l. Six Gentlemen Waiters whereof one hath 100 l. The other five each 40 l. Four Pages of the Back-Stairs each 80 l. Yeoman of the Mouth 50 l. Tayler 90 l. Shoomaker 36 l. 10 s. Master Cook 40 l. Necessary Woman 40 l. Eighteen Watermen each 2 l. Master of the Horse to the Dutchess is Sir Richard Powle 266 l. 13 s. 4 d. Two Escuyries each 100 l. Four Pages each 52 l. Eight Footmen each 39 l. Four Coachmen each 78 l. for themselves Postillions and helpers Five Grooms each 32 l. 10 s. Two Chairmen each 39 l. Officers and Servants to the Duke of Cambridge GOverness Lady Francis Villiers 400 l. Under-Governess Mrs. Mary Kilbert 150 l. Wet Nurse 80 l. Dry Nurse 80 l. Tutor of the French Tongue Monsieur Lesne 100 l. Three Rockers each 70 l. Laundress to the Body 60 l. Semstress Laundress to the Table Page of the Back-Stairs 60 l. Necessary Woman 50 l. Cook 38 l. 5. s. Musitian 31 l. 4 s. Two Pages to the Duke of Cambridge each 52 l. Four Footmen One Groom One Coachman Postillion and Helper Officers and Servants belonging to the Lady Mary TWo Dressers Mrs. Anne Walsingham 80 l. Mrs. Mary Langford 80 l. Ro●ker Mrs. Jane Leigh 70 l. Semstress Laundress Mrs. Elizabeth Brooks 90 l. Page of the Back-Stairs 60 l. Dancing-Master 200 l. Singing-Master 100 l. Servants to the Lady Anne DResser Three Rockers Semstress Page of the Back-Stairs Necessary Woman His Royal Highness upon all occasions when he goes abroad without the King hath for his particular Guard a Gallant Troop of Horse commanded by Monsieur de Blancfort Of the Three States of England ALl the Subjects of England are divided into Clergy and Laity The Laity sub-divided into Nobility and Commonalty These are called Ordines Regni or the Three States and first of the Clergy As Heaven is more honourable than Earth the Soul than the Body so is the Spiritual Function more excellent than the Civil and the Sacerdotal Dignity higher than the Secular and therefore in England the Clergy caeteris paribus hath ever had according to the practice of all other Civilized Nations since the World began the preference and precedence of the Laity and hath in all times been reputed the First of the Three States The Clergy so called because they are Gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Portion For although all Christians may be stiled Gods Portion as well as Gods Servants yet amongst Christians those Persons whom God hath set apart and separated from common use to his Service to be as it were his Domestick Servants are more peculiarly the Lords Portion and therefore from the first Age of Christianity the Persons so set apart have been called Clerici Clerks As in the State so in the Church the Laws and Constitutions of England would not that there should be a parity and equality of all persons Quippe in Ecclesia nihil magis inaequale quam aequalitas And therefore in conformity to the first Times and Places of Establisht Christianity so soon as the Christian Faith was by Authority received in England one of the Clergy was in every City ordained a Bishop who hath to avoid Confusion which usually springs from equality a pre-eminence over the rest of the Clergy within certain Precincts Afterwards the Bishops being necessitated to meet about Publick Affairs of the Church as Consecrations Consultations for remedy of general disorders for Audiences Judicial when the actions of any Bishop should be called in question or Appeals from Bishops c. It seemed requisite to our Ancestors according to other Christian Churches ever since the first Nicene Council to have amongst a certain number of Bishops one to be chiefest in Authority over the rest f●om thence named Archiepiscopus Arch or Chief Bishop For easing the Bishop of some part of his burthen as the number of Christians waxed great or the Diocess was large there were ordained in the Primitive Times Chorepiscopi Suffragan or Subsidiary Bishops Accordingly in the English Church of a long time there have been such ordained by the name of Bishops Suffragans or Titular Bishops who have the Name Title Stile and Dignity of Bishops and as other Bishops are consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as is limited in his Commission by the Bishop or Diocesan whose Suffragan he is For a Supply of able and fit Persons to assist Bishops or to be made Bishops it seemed good to Reverend Antiquity that in every Diocess a certain number of the more prudent and pious Pastors should be placed in a Collegiate manner at every Cathedral or Episcopal See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves by gaining experience and loosing by little and little their former familiarity with the inferiour Countrey Clergy for Government and Authority in the Church Accordingly in every Cathedral Church in England there are a certain number of Prebendaries or Canons and over them a Dean in Latine Decanus from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because antiently set over ten Canons at the least who is sometime stiled Alter Episcopi Oculus the other being the Archdeacon who though a Presbyter himself is so named for his Charge over the Deacons who are to be guided and directed by him under the Bishop Next is the Rural Dean who was antiently called Arcbipresbyter and had the guidance and direction of the Presbyters In the last place are the Pastors of every Parish who are called Rectors unless the Predial Tythes be impropriated and then they are called Vicars quasi vice fungentes Rectorum In England are 2 Archbishops 24 Bishops no Suffragan Bishops at present 26 Deans of Cathedrals and Collegiate Churches 60 Archdeacons 544 Prebendaries many Rural Deans and about 9700 Rectors and Vicars besides Curates who for certain Stipends assist such Rectors and Vicars that have the care of more Churches than one These if it be considered of what great Learning and Abilities they are what great Authority and Sway they usually bear over the Laity to incline ●ead and draw them what great Priviledges and Immunities they do or ought to enjoy and how much means they possess may well be reputed as in all times they have been in all other States the first Member of the Three Estates of England It hath been provided not without singular wisdom that as the ordinary course of common affairs is disposed of by general Laws so likewise mens rarer incident Necessities and Utilities should be
as it will when the Dominical Letter is D. and the Golden Number 16 then Easter will be on the 22 March as was this year 1668. But the Romish Church following new Rules for finding of Easter it happens sometimes that their Easter is full 5 weeks before ours and sometimes with ours but never after ours for Pope Gregory the 13th in the year 1582 having observed that upon exact account the year contained above 365 dayes not full 6 hours as had been from the time of Julius Caesar hitherto reckoned but only 5 hours 49 minutes and 16 seconds and that this difference of almost 11 minutes in the space of about 134 years maketh one whole day which not considered since the Regulation of Easter had brought back the year at least 10 dayes insomuch that the Vernal Equinox which was at first on the 21 of March was now on the 11th of March by reason whereof sometimes 2 Full Moons past between the Equinox and Easter contrary to the Primitive Institution thereof which was that Easter should alwayes be observed on the Sunday following the first ●ull Moon after the Vernal Equinox Pope Gregory then having observed these inconveniences resolved at once to take away 10 dayes and that out of the Moneth of October by calling the 5th day thereof the 15th and that for that year those Festivals which fell in those 10 dayes which by reason of the Vintage time were but few should be celebrated upon the 15 16 and 17th dayes of that Moneth And that the Equinox might never retrocede for the future it was then provided that every 400 years 3 Bissextile years should be left out that is in the years 1700 1800 and 1900 and so again in 2100 2200 and 2300 leaving the year 2000 to have its Bissextile and so every 400th year The English Nation as all other States that with-drew themselves from under the Bishop of Rome's Usurped Authority before the said year 1582 except Holland and Zealand observe still the Antient Account made by Julius Caesar 43 years before the Birth of Christ and is therefore called the Old Style or Julian Account the other observed by those still under the Romish Yoke is called the New Style or Gregorian Account and is by reason of the aforesaid 10 dayes taken away 10 dayes before ours for the beginning of Moneths and for all Fixt Festivals but various for all Moveable Festivals Easter and the other Moveable Feasts in England are most certainly thus found Shrove-Tuesday is alwayes the first Tuesday after the first New Moon after January except that New Moon happen on a Tuesday then the next is Shrove-Tuesday and the Sunday following is Quadragesima and the Sixth Sunday after is Easter Day and the Fifth Sunday after Easter is Rogation Sunday and the Thursday following being 40 dayes after the Resurrection is Ascention day 10 dayes after which or 50 dayes after Easter is Pentecoste or Whit sunday and the Sunday following is Trinity Sunday Which Computation of the Church of England agrees with all the Eastern Christian Churches for they and we find Easter by the Rules which were generally received by all Christendom Anno 532 and ever since till 1582 it was altered by the Pope as aforesaid yet cannot it be denied but that this old Computation is become erroneous for by our Rules two Easters will be observed within one year as in the last year 1667 and not one Easter to be observed this year as this Author observed the last year in his Proposals to the Parliament Advent Sunday hath a peculiar Rule and is alwayes the Fourth Sunday before Christmass Day or the nearest Sunday to St. Andrews whether before or after The year in England according to the Cycles of the Sun and Moon and according to Almanacks begins on the First of January but the English Church and State begins the year from the day of Christs Incarnation viz. on the 25 of March which also is observed in Spain yet the Portugues as divers Countries in Africa begin their year on the 29th of August the Venetians on the first of March according to the Epact the Grecians on the longest day as the old Romans did on the shortest day which two last seem to have most reason as beginning just at the Periodical day of the Suns return The Natural day consisting of 24 hours is begun in England at Midnight and counted by 12 hours to Midday and again by 12 hours to next Midnight whereas in Italy Bohemia Poland and some other Countries their Account 〈◊〉 from Sun-setting by 24 of th● Clock to the next Sun-setting and at Noremberg and Wirtenberg in Germany according to the old babylonian Account they begin at the first hour after Sun-rising to count one of the Clock and so again at the first hour after Sun-set Probably there was a time when those Names of Number now in use amongst all Civilized Nations were unknown and Men applied their Fingers of one or both hands to those things they desired to keep account of and thence it may be that the Numeral words are but Ten in any Nation and in some Nations but Five and then they begin again as after decem undecim duodecim c. The Hebrews and the Greeks instead of Numeral Words used the Letters of their Alphabets beginning again after the Tenth Letter The Latines made use onely of 7 of their Capital Alphabet viz MDCLXVI all comprehended in this Figure O and all made use of in the same order in the late year 1666 which never did happen before or ever will happen again The English as all the Western Christian World till about 400 years ago used only Numeral Words in all Writings but since use the Figures 1 2 3 c. which the Christians learnt first of the Maures or Arabs and they of the Indians Nomina quasi Notamina Names were first imposed upon Men for distinction sake by the Jews at their Circumcision by the Romans at the 9th day after Birth and by the Christians at the Baptisme of such signification for the most part that might denote the future good hope or good wishes of Parents toward their Children The English Names of Baptisme are generally either Saxon as Robert Richard Henry William Edward Edmund Edwin Gilbert Walter Leonard c. Which are all very significative or else out of the Old and New Testament as John Thomas James Abraham Isaack Jacob c. Names super-added to the Christian Names the French call Sur noms i. e. supernomina The Hebrews Greeks and most other Antient Nations had no Surnames fixt to their Families as in these dayes but counted thus for example among the Hebrews Melchi Ben Addi Addi Ben Casam c. So the Britaines Hughe ap Owen Owen ap Rhese c. so the Irish Neal mac Con Con mac Dermoti c. As Christian Names were first given for distinction of Persons so Surnames for distinction of Families About Anno 1000 the
Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vege●ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus De● enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament i● ipso facto pu●ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
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
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.