Opinion of the Yeomanry that occupy Lands than of Tradesmen or Artificers And accordingly Yeomen are capable of bearing some Offices as of Constable and Church-Warden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire to serve in Parliament c. And by the Statutes of England certain Immunities are given to Freeholders and Land-men tho they are not Gentlemen Next to Freeholders are the Copy-holders who are much of the same nature I mean those Copy-holders that hold Copy-holds certain Which is a kind of Inheritance in many Places called Customary because the Tenant dying and the Hold being void the next of Bloud paying the Customary Fine as two Shillings for an Acre or such like may not be denied his Admission They are called Copy-holders from the Copy of Court-Roll of the Mannor within which they hold their Land by which Copy only they hold it For this is all a Copy-holder has to shew for his Title which he takes from the Steward of the Lord of the Mannor's Court. But as England is one of the most trading Countries in Europe so the greatest Body of its Commonalty is that of Traders or Men that live by Buying and Selling. The most eminent whereof are those we call Merchants who trade only by Whole-sale These are the Men who by their Stock and Industry have found the Way not only to Inrich themselves but to make the whole Nation thrive and flourish by a perpetual Circulation of Trade by exporting home-bred and importing forein Commodities by incouraging thereby Navigation and by procuring comfortable Imployment to a vast Number of Artificers Tradesmen and â—â—etailers In short such is the benign Influence of Trade and Commerce by their means all over the Nation that there is scarce any part of it but feels the Benefit thereof And for this great Advantage to the Publick as well as their private Wealth they have got a proportionable esteem and respect from the rest of the Nation Insomuch that whereas Trading formerly rendred a Gentleman ignoble now an ignoble Person makes himself by Merchandizing as good as a Gentleman and many Gentlemen Born some of them Younger Sons of Noblemen take upon them this Profession without any prejudice or blemish to their Birth Nay the Law of England that ever had but a slight Opinion of Traders is so far Obliterated in this Point by Custom and Interest that whereas by Law a Ward come to Age may bring his Action of Disparagement against his Gardian for offering any such in Marriage now 't is common for Gentlemens and Merchants Sons and Daughters to Intermarry The truth is Gentility with competent Means is an excellent Compound but without it 't is but a wretched Condition as the World goes now And who would not rather be a substantial honest Trader so as to stand upon his own Legs and make some figure in the World than for want of Imployment to starve with a point of Honour or live a borrowed Life in this Age especially where Poverty is so little pitied and grown so contemptible Poverty says an Author the general Scare-crow of Mankind the fear of which keeps Men in perpetual Morion and makes them run headlong into the greatest Dangers Per Mare Pauperiem fugiunt per Saxa per Ignes Poverty a lingering kind of Death that having once seized upon ones Spirits dejects and stupifies him takes away the edge of his Senses weakens his Memory discomposes his Mind and makes him almost uncapable of any Thing Poverty in a Word that turns Men into ridicule as Juvenal has it in these Words Nil habet Paupertas durius in se Quam quod Ridiculos homines facit In France indeed where if a Gentleman born betakes himself to Trade forfeits his Gentility the Gentry stand so much upon their Honour that it is very rare to see a French Gentleman turn to Merchandizing But there they have greater Opportunities for preferring themselves according to their quality especially by the Way of Arms. And so jealous is the whole Body of them of this their Gentility that rather than have it exposed in any of their Members by naked and hungry Poverty their Way is to help one another to the utmost of their Power and which is very commendable they seldom fail to give a Gentleman though never so needy the Respect due to his Birth But it is something surprizing they should so much decline Merchandizing their King Lewis le Grand not to mention his other Commodities being the greatest Salt-Merchant in the Known World But to return to our Commonalty it may be said to comprehend three Parts in four of the Nation the Generality of them Imployed in Husbandry Trade and Navigation some in a higher others in a lesser Degree And such is the Happiness of this People in general that none injoy greater Priviledges or are more secure by Law from Oppression They are subject to no Taxes or Laws but what they contrive themselves by their Representatives in Parliament And in point of Trials none of them can be Tried but by a Jury of his Peers that is by Twelve Men Commoners like himself Nor can he be Condemned but by the Laws of the Land In short the Government is so very favourable to the Common People of England that unless the Laws be invaded which are the Bulwark of the Government they need not fear to be any Way oppressed CHAP. XXII Of the Clergy of England and first of the Bishops THE Clergy of England is like the Laity divided into several Ranks or Degrees For as the Laity consists of Nobility Gentry and Commonalty so the Clergy is divided into Bishops Dignitaries and Inferious Clergy The Bishops are those who take upon them the Government of the Church of England according to Law every one in his Diocese And as England consists of 26 Dioceses or Bishopricks so there are accordingly 26 Bishops or Diocesans Besides the Bishoprick of the Isle of Man which is a distinct Bishoprick Their Office being Pastoral their Business is to feed their Flocks with the wholsom Doctrine of the Church and so to oversee the Inferiour Clergy that by their Lives and Doctrine the People may Keep the Truth and live according to the Rules of Christianity And as each of them has a Canonical Authority over all the Priests of his Diocese so they have all in chief the Power of Ordination Which however is never performed but by the Bishop joyntly with some other Priests They are also Impowred to grant Institutions to Benefices upon Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the Successors Use They are bound to defend the Church-Liberties and once in three Years to Visit each his Diocese In this triennial Visitation they Inquire of the Manners Carriages and Offences of Ministers Church-Wardens and the rest of the Parishioners principally of Offenders against Justice
Pounds Next to the Consecration of a Bishop follow his Installation by virtue of a Mandate from thâ— Arch-Bishop to the Arch-Deacon of his Prevince This is performed in the Cathedral Church upon any Day between the hours of nine and eleven in the presence of a publick Notary Wheâ— the Bishop elect or his Proxy which is most â—sual is introduced into the Cathedral by thâ— Arch-Deacon or his Proxy There he declaies iâ— the first place his Assent to the King's Supremacy and swears that unless he be otherwise Dispeâ—sed with he will be Resident according to thâ— Custom of that Cathedral and observe the Customs of the said Church and cause others to observe the same Whereupon the Arch-Deacon with the Petty-Canons and Officers of thâ— Church accompany the Bishop up to the Quinâ— and there place him in a Seat prepared for him between the Altar and the right side of the Quine Then the Arch-Deacon pronounces these Wordâ— in Latine Ego Authoritate mihi commissa Induco Inthronizo Reverendum in Christo Patrem Dominâ—â— N. N. Episcopum Dominus custodiat suum Introâ—tum Exitum ex hec nunc in saeculum c. Upon which Te Deum is sung and the Bishop in thâ— mean while conducted from his own Place 〈◊〉 the Dean's Seat where in Token of his takiâ— Possession he stands till Ye Deum and some â—ther Prayers be ended After Prayers the Bishop is conducted inâ— the Chapter-house and there placed on a hiâ— Seat Where the Arch-Deacon together with 〈◊〉 the Prebends and Officers of the Church coâ— before him and acknowledge Canonical Obeâ—ence to him Finally the publick Notary is 〈◊〉 the Arch-Deacon required to make an Insâ—â—ment declaring the whole Matter of Fact iâ— this Affair Afterwards the new Bishop is introduced into be Kings Presence to do his Homage for his â—emporalities or Barony Which he does by â—eeling down before the King sitting in a Chair â—f State by putting his Hands between his Maâ—sties Hands and by taking a Solemn Oath to â—e true and faithful to Him and that he holds is Temporalities of him After this he Compounds for the first Fruits â—f his Bishoprick that is agrees for his first â—ears Profits to be paid to the King within two â—ears or more if the King please When a Bishop is Translated from one Bishopick to another all the Difference there is in the â—ranslation from the manner of making a Biâ—op is that there is no Consecration And â—hen a Bishop is made Archbishop the Diffeâ—â—ce is only in the Commission which is directed 〈◊〉 King to four Bishops or more to Confirm 〈◊〉 Now there is this Difference between an Archishop and a Bishop that whereas a Bishops Caâ—â—ical Authority reaches no further than the â—unds of his Diocese the Archbishops Power â—tends it self over all his Province so that he 〈◊〉 Ordinary to all the Bishops thereof Accorâ—ingly the Bishop Visits only his Diocese but 〈◊〉 Archbishop Visits the whole Province The â—ishop can Convocate only a Diocesan but the â—rehbishop may Convocate a Provincial Synod The Bishop with other Priests does Ordain a â—riest but the Archbishop with other Bishops â—â—es Consecrate a Bishop 'T is Observable that several Bishops of Engâ—nd having large Bishopricks it was provided 〈◊〉 a Statute made in the Reign of Henry VIII â—at they should have a Power to Nominate â—me to the King to be with his Approbation Suffragan or Assistant Bishops in case that anâ— of them desired it for the better Government of his Diocese or easing himself of some part oâ— his Burden The Sees of those Suffragan Bishopâ— were only to be at Dover for the Diocese oâ— Canterbury at Nottingham and Hull for thaâ— of York For the Diocese of London at Coâ—chester of Durham at Berwick of Winchester in the Isle of Wight at Southampton and Guilford For the Diocese of Lincoln at Bedford Leicester Huntington and Grantham of Norwich at Theâ—ford and Ipswich of Salisbury at Shaftsbury Melton and Marlborough of Bath and Wells at Taunton of Hereford at Bridgenorth of Coventry and Lichfield at Shrewsbury of Ely at Cambridge of Exeter at S. Germans of Carlisle at Perith. Now for any one of the foresaid Places appointed for Suffragan Bishops Sees the respective Bishop of the Diocese presented two able Men whereof the King chose one These Suffragan Bishops had the Name Title and Dignity of Bishop and as other Bishops were Consecrated by the Archbishop of the Province They executed each of them such Power Jurisdiction and Authority and received such Profits as were limited in their Commissions by the Bishops or Diocesans whose Suffragans they were In these Bishops absence when they were either residing at Court to advise the King or imployed upon Embassies abroad the Suffragans usually supply'd their Places Whâ—â— in publick Assemblies took place next after the Temporal Peers of the Realm But since the Diocesan Bishops grew less Courtiers and more Residentiary the Suffragan Bishops began to be laid aside so that there have been none for many Years in the Church of England I come now to the Prerogatives Priviledges Bower Revenues and great Deeds of Bishops All the Bishops of England are Barons and Peers of the Realm and sit as such in the House of Lords They are the Spiritual Lords lookt upon as the Fathers or Gardians of the Church and therefore commonly stiled Right Reverend Fathers in God And as 't is usual in England for well-bred Children to ask their Parents Blessing Morning and Evening with one Knee upon the Ground so the true Sons of the Church looking upon the Bishops as their Spiritual Fathers commonly begin their Addresses to them by asking their Blessing in the same respectful manner Besides the Priviledges injoy'd by Bishops as Peers and therefore common with those of the Temporal Lords they have some peculiar Prerogatives and those of a high nature 'T is undeâ—iable that all Jurisdiction in England is inseparably annexed to the Crown And yet the Bishops Courts tho held by the King's Authority are not counted to be properly the King's Courts Therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the King's Name as all the King's Courts properly so called do And whereas in other Courts there are several Judges to each a Bishop in his Court judges and passes Sentence alone by himself A Bishop besides has this transcendent Priviledge that he may as the King does depute his Authority to another as to a Bishop Suffragan his Chancellour or Commissary Which â—one of the King's Judges can do Bishops in whatsoever Christian State they come their Episcopal Dignity and Degree is acknowledged and may as Bishops confer Orders c. Whereas no Temporal Lord is in Law acknowledged such out of the Prince's Dominions who conferred his Honour The Law of England attributes so much to the Word of a Bishop that not only in the Trial of Bastardy the Bishops Certificate shall suffice but also
manner of Ways 1. by â—oods and Chattels 2. by the Body Pledges â—â—d Mainprise 3. by the Body only This â—ourt is kept every 40 Days Pie-powder Court is a Court held in Fairs to yield Justice to Buyers and Sellers and for Redress of all Disorders committed in them These Courts are so called from the French Pie a foot and poudreux dusty the Fairs being kept most usually in Summer to which the Country people use to come with dusty feet A Pie-powder Court is held de hora in horam every hour and such is the Dispatch made here that Justice ought to be summarily administred within three ebbing and three flowing of the Sea CHAP. XII Of the Ecclesiastical Courts and first of the Convocation TO consult of Church-Matters and make Ecclesiastical Laws now and then the Convocation meets and that in time of Parliament Which Convocation is a National Synod or general Assembly of the Clergy convoked after this manner Some time before the Parliament sits the King by the Advice of his Privy Council sends his Writ to the Arch-bishop of each Province for Summoning all Bishops Deans Arch-Deacons c. assigning them the Time and Place in the said Writ Upon which the Arch-Bishop of Canterbury directs his Letters authentically sealed to the Bishop of London as his Dean Provincial wherein he cites him peremptorily and willeth him to cite in like manner all the Bishops Deans Arch-Deacons Gathedral and Collegiate Churches and all the Clergy of his Province to the Place and Day prefixt in the Writ But he directeth withal that one Proctor be sent for every Cathedral or Collegiate Church and two for the Body of the Inferiour Clergy of each Diocese All which the Bishop of London takes accordingly care of willing the Parties concerned person 〈◊〉 to appear and in the mean time to cerâ—ify to the Arch-Bishop the Names of every one so warned in a Schedule annexed to the Letter Certificatory Upon which the other Bishops of the Province proceed the Cathedral and Collegiate Churches and the inferiour Clergy of each Diocese make choice of their Proctors Which done and certified to the Bishop of London he returneth all at the Day And the same Method is used in the Province of York The Chappel of Henry VII annexed to Westminster Abbey is the usual Place where the Convocation of the Clergy in the Province of Canterbury meets Whilst the Arch-Bishop of York holds at York a Convocation of all his Province in like manner Thus by constant Correspondence these two Provinces tho so â—r distant from each other do debate and â—onclude of the same Matters The Convocation is like the Parliament disided into two Houses the higher and the â—wer And all Members have by Statute the â—â—me Priviledges for themselves and menial â—ervants as the Members of Parliament have The higher House in the Province of Canterbury which is by much the larger of the two consists of 22 Bishops whereof the Arch-Bishop is President Who sits in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes and Hoods the Arch-Bishops Hoods furred with Ermin and the Bishops with Minever The lower House consists of all the Deans Arch-deacons one Proctor for every Chapter and two Proctors for all the Clergy of the Diocese Which make in all 166 Persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan Clergy The first Business of each House upon their Meeting is to chuse each a Prolocutor or Speaker The Prolocutor of the lower House being chosen he is presented to the upper House by two of the Members whereof one makes a Speech and the elect Person another both in Latine To which the Arch Bishop answers in Latine and in the Name of all the Lords approves of the Person The Matters debated by both Houses are only such as the King by Commission do'â— expresly allow viz. Church and Religion Matters first proposed in the Upper and thâ—â— communicated to the Lower House And the major Vote in each House prevails Sometimes there have been Royal Aids granted to the King by the Clergy in Convocation Anciently this Assembly might without 〈◊〉 now with the Royal Assent make Canon touching Religion binding not only them selves but all the Laity without Consent oâ— Ratification of the Lords and Commons iâ— Parliament Neither did the Parliament meddle in the making of Canons or in Doctrinal Matters till the Civil Wars in the Reign of Charles I. Only when thereto required they by their Civil Sanctions did confirm the Results and Consultations of the Clergy whereby the People might be the more easily induced to obey the Ordinances of their Spiritual Governours To conclude the Laws and Constitutions whereby the Church of England is governed are first general Canons made by general Councils with the Opinion of the orthodox Fathers and the grave Decrees of several holy Bishops of Rome which have been admitted from time to time by the Kings of England Then our own Constitutions made anciently in several Provincial Synods both by the Popes Legates Otho and Othobon and by several arch-Arch-Bishops of Canterbury all which are of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Next to those Constitutions this Church is also governed by Canons made in Convocations of latter times as in the first Year of the Reign of King James I and confirmed by his Authority Also by some Statutes of Parliament â—ouching Church-Affairs and by divers Immeâ—orial Customs But where all these fail the Civil Law takes place CHAP. XIII Of the Court of Arches the Court of Audience the Prerogative-Court the Court of Delegates the Court of Peculiars c. FROM the Church Legislative I come to the Executive Power for which there have been several Courts provided Amongst which is the Court of Arches the chief and most ancient Consistory that belongeth to the Arch-Bishop of Canterbury for the debating of Spiritual Causes So called from the arched Church and Tower of S. Mary le Bow in Cheapside London where this Court is wont to be held The Judge whereof is called Dean of the Arches or the Official of the Court of Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of 13 Parishes in London termed a Deanry being exempt from the Bishop of Londons Jurisdiction and belonging to the Arch-Bishop of Canterbury All Appeals in Church-Matters within the Province of Canterbury are directed to this Court. In which the Judge sits alone without Assessors hearing and determining all Causes without any Jury The Advocates allowed to plead in this Court are all to be Doctors of the Civil Law Who upon their Petition to the Arch-Bishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court but must not practise the first Year Both the Judge and the Advocates always wear their Scarlet Robes with
Hoods lined with Taffety if they be of Oxford or white Minever Furr if of Cambridge and all round black Velvet Caps Besides the Advocates here are also ten Proctors to manage other Mens Causes Who wear Hoods lined with Lambs-Skin if not Graduates but if Graduates Hoods proper to the Degree According to the Statutes of this Court all Arguments made by Advocates and Petitions by the Proctors are to be made in Latine All Process of this Court runs in the Name of the Judge To this Court belong two principal Officers that attend it Viz. an Actuary who sets down the Judges Decrees registers the Court Acts and sends them in Books to the Registry Then a Register whose Office is by himself â—or Deputy to receive all Libels or Bills Allegations and Exhibits of Witnesses to file all Sentences and keep the Records of the Court. Next to which is the Beadle an inferiour Officer who carries a Mace before the Judge â—nd calls the Persons that are cited to appear All Places and Offices belonging to this Court are in the arch-Arch-Bishops Gift The Audience Court is a Court of equal Authority with the Arches tho inferiour both in Antiquity and Dignity The Original of this Court was thus The Arch-Bishop of Canterbury heard many Causes extrajudicially at home in his own Pallace but before he would finally determine any thing he did usually commit them to be discussed by certain Men learned in the Civil and Canon Laws who thereupon were called his Auditors till at last those Causes were committed to One thence named Causarum Negotiorumque Audientiae Cantuariensis Auditor seu Officialis And with this Office was joyned heretofore the Arch-Bishops Chancery which properly meddles not with any point of contentious Jurisdiction or deciding of Causes between Party and Party but only of Office as the Granting the Custody of the Spiritualities during the Vacation of Bishopricks Institution to Benefices Dispensing with Banes of Matrimony c. But this is now distinguished from the Audience The Prerogative Court is the Court wherein all Wills are proved and all Administrations taken that belong to the Arch Bishop by his Prerogative that is where the Deceased had Goods of any considerable value out of the Diocese wherein he died And that Value is usually 5 l. except it be otherwise by Composition between the Arch-Bishop and the Bishop as in the Diocese of London where it is 10 l. If any Contention arise between Two or more touching any such Will or Administration the Cause is properly debated and decided in this Court The Judge whereof is termed Judex Curiae Praerogativae Cantuariensis the Judge of the Prerogative Court of Canterbury Who is attended in the Court by a Register or his Deputy whose Office is to set down the Decrees and Acts of the Court to Keep the Records all Original Wills and Testaments of Parties deceased that have left Bona Not abilia c. His Office is commonly called the Prerogative Office now Kept in the Deans Court near St. Paul's Church-yard where for a moderate Fee one may have a Copy of any such Testament And Under the Register are Six Clerks severally appointed for such and such Counties This Court formerly held in the Consistory of St. Pauls is now Kept in the Common-Hall at Drs. Commons next Day after the Arches in the Afternoon All Places belonging to this Court are in his Grace's Gift The Archbishop of York has also the like Court which is termed his Exchequer but far inferiour to this in Power and Profit He has also an Audience Court For Civil Affairs that concern the Church the highest Court is the Court of Delegates A Court which consists of Commissioners delegated or appointed by the King's Commission to sit upon an Appeal to Him in the Court of Chancery and is granted in three Cases First when a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly when any Sentence is given in any Ecclesiastical Cause in Places exempt Thirdly when Sentence is given in the Admiralty in Suits Civil and Marine by order of the Civil Law The Judges are appointed by the Lord Chancellour under the Great Seal of England pro illa vice and upon every Cause or Business there is a new Commission and new Judges according to the nature of the Cause As sometimes Bishops Common-Law Judges Noblemen Knights and Civilians sometimes Bishops and Civilians at other times Common Law Judges and Civilians and sometimes Civilians only This Court is Kept in the same Place as the former the next Day after the Prerogative-Court in the Afternoon Here the Citations and Decrees run in the King's Name and to this Court belongs a standing Register From this Court lies no Appeal in common Course But the King may and sometimes does grant a Commission of Review under the Great Seal The Court of Peculiars is about certain Parishes that have Jurisdiction within themselves for Probate of Wills c. being exempt from the Ordinary and the Bishops Courts 'T is an ancient Priviledge of the See of Canterbury that wheresoever any Mannors or Advowsons do belong to it they forthwith become exempt from the Ordinary and are reputed Peculiars And there are reckoned in his Province no less than 57 such Peculiars So the King's Chappel is a Royal Peculiar exempt from all Spiritual Jurisdiction and reserved to the Visitation and immediate Government of the King himself who is supreme Ordinary Besides these Courts serving for the whole Province every Bishop has his Court held in the Cathedral of his Diocese Over which he hath a Chancellour anciently termed the Church-Lawyer who being skilled in the Civil and Canon Law sits there as Judge But if his Diocese be large he has in some more remote Place a Commissary whose Authority is only in some certain Places of the Diocese and certain Causes limited to him by the Bishop in his Commission These are called Consistory Courts Every Arch-Deacon besides has his Court and Jurisdiction where smaller Differences arising within his Limits are pleaded The Dean and Chapter of every Cathedral or Collegiate Church have also a Court wherein they take Cognizance of Causes happening in Places belonging to the Cathedral The proper Matters belonging to Ecclesiastical Courts are Ordinations Institution of Clerks to Benefices Celebration of Divine Service Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Rights of Matrimony Divorces general Bastardy Probate of Wills Administrations Pensions Procurations Commutation of Penance c. the Cognizance whereof does not belong to the Common Law Also Apostacy from Christianity Simony Heresy Schisms Blasphemy Fornication Incests Adulteries The Manner of Trials here is different from those at Common Law as thus First goes forth a Citation then a Bill and Answer after that they proceed to Proofs Witnesses and Presumption the Matter being argued pro and con and the Canon and Civil Laws quoted Upon which the definitive Sentence of the Judge passeth without any Jury
Nations came to be united under one Head So that upon the least Rupture this Town was sure to undergo the first brunts of the War It is large and populous and the Houses well built injoying a good Trade especially for Corn and Salmon Here one may have a good Salmon for 12 pence Lastly Barwick is like Newcastel a County of it self Dignified also with the Title of a Dukedom and that by the late King James in the person of James Fitz-James the present Duke of Barwick his natural Son â—inked with him in his Misfortunes Alnwick so called from the River Alne upon which it is seated about 8 miles from the Sea is an indifferent good Town Once strengthened with a great Castle which is now something ruinous However a noted Place for the Battel fought here between the English and the Scots in the Reign of Henry II where William King of Scots was taken Prisoner Hexam is situate West of Newcastel on the South-side of the River Tine Once a Bishoprick in the Infancy of the Saxon Church the Bishop whereof called Episcopus Hagulstadiensis according to Beda S. Eata the fifth Bishop of Lindisfarne or Holy Island was the first Bishop of this Place Succeeded by nine others till by the fury and rapine of the Danes it discontinued the Jurisdiction of it being added to the See of York But in the Reign of Henry VIII it was taken from that Archbishoprick and by Authority of Parliament united to the County of Northumberland whereby it became annexed to the Bishoprick of Durham Here was a most stately Church said to surpass most Minsters in England before a great part thereof was pulled down by the Scots Morpeth a goodly Town is situate on the River Wensbeck and fortified with a Castle Its Market is esteemed the best in the County for Provisions and living Cattel which from hence are dispersed to divers Parts of the Kingdom The Town of some note besides for giving the Title of Viscount to the Eaâ— of Carlisle Some miles South-west from it near a Town called Belsey on the River Pont stands Ogleâ— Castle formerly belonging to the Barons Ogleâ— and now to the Duke of Newcastle from hence stiled Earl of Ogle As for Weller 't is but a small Town seated on the side of a Hill near the Banks of the River Till which runs Northward into the Twede But its Market is great for Corn and other Provisions Of the Islands along the Sea-Coast of Northumberland Along the Coast of this Country you will find 3 principal Islands as you go from South to North viz. Cocket Farn and Holy Island Cocket is but a small Island lying not far from Wetherington Castle Farne Island something bigger lies North from Cocket 2 miles from Bamburg Castle North-East of which lie six smaller Islands hardly worth the naming Holy Island the biggest of the three and yet of no great extent is not far from Barwick This Island being in shape not unlike a Wedge runs out with a Neck of Land towards Northumberland And this is it which formerly was known by the Name of Lindisfarne in the dawning of Christianity among the Northumbers made a Bishops See by S. Aidan one of the first Apostles of these Parts Selected for that Dignity by that holy Man for the Solitude and Privacy of it which made it thought more fit and proper for Devotion Till at last by the religious Lives of so many pious Bishops Monks and others of the Clergy as did inhabit here it got the Name of Holy Island And here the See continued 353 years that is from the Year 637 to 990 under 22 Bishops hence called Bishops of Lindisfarne From whence the See was removed to Durham the Insolencies of the Danes who then terribly raged on these Coasts compelling these religious Men to forsake their Solitude The Air of this Island is so unhealthfull and the Soil ungratefull that it is but thinly peopled Fish and Fowl is the best Accommodation of it So that here is but one Town with a Church and Castle under which is a good Haven defended by a Block-house In short this County formerly a Part of the Kingdom of Northumberland and its Inhabitants part of the Ottadini as the Romans caded them is now in the Diocese of Durham Out of it are elected besides the two Knights of the Shire six Members of Parliament Viz. 2 by Newcastle 2 by Morpeth and 2 more by Barwick Lastly this County is noted for the Title of Duke and Earl it has given to several noble Personages but with frequent Interruptions As for the Title of Duke I find but one that has injoy'd it till of late viz. John Dudley Earl of Warwick and Lord Admiralâ— Duke of Northumberland beheaded by Queeâ— Mary Put that of Earl has gone through several Changes and different Families Thâ— Piercies are those who have injoy'd it the long est of any and yet not without some Interruption too The first of 'em that had the Title conferred upon him was Henry Piercy Lord Constable who took possession of iâ— Anno 1377. under the Reign of Richard II. Three of his Name and Family injoy'd it after him before John Nevil Lord Montague was advanced to this Honour by King Edward II who after six years resigned it to Henry Piercy that had been dispossessed of it Another Henry Piercy injoy'd it after him who died in the Year 1527. And 24 years after his Death the foresaid John Dudley Earl of Warwick was by Edward VI. created Duke of Northumberland viz. Anno 1551. Six Years after this the Title of Earl returned to the Piercies in the person of Thomas Earl of Northumberland In which Family it has continued ever since till the Year 1670 when Joceline Piercy died at Turin in Italy without Issue male At present we have a Duke of Northumberland his Grace George Fitz-Roy third Son to the Dutchess of Cleveland who in the Year 1674. was created by King Charles II. Baron of Pontefract Viscount Falmouth and Duke of Northumberland Nottinghamshire NOTTINGHAMSHIRE an Inland County is bounded Eastward with Lincolnshire from which it is separated a good way by the River Trent Westward with Derbyshire and some part of Yorkshire Northward with Yorkshire and Southward with Leicestershire It is of an oval Form doubling in length twice its breadth It s Length from North to South is about 40 miles the Breadth from East to West 20. The Whole divided into 8 Wapentakes or Hundreds 168 Parishes and 9 Market-Towns As for the Soil of this County part of it is Clay-Ground part sandy Ground and the rest Woody The South East Part being watered by the Trent and small Rivers that fall into it is the most fruitfull and this is the Clay Part. The Western where the Forest of Shirwood is so famous for Robin-Hood and his Companions is stocked not only with Wood but Pit-Coal well served besides with Game Besides the River Trent here are several small Streams whereby this Country
Civil Affairs by a MAYOR with the Title of Lord prefixt given to no Mayor in England but that of London and of late to the Mayor of York In the Time of the Romans he was called Prefect of London in the Saxons time Port-greeve and sometimes Provost of London and after the Coming in of the Normans Bayliff 'T was King Richard I who in the Year 1189 being the first of his Reign changed the Name of Bayliff into that of Mayor a French Word originally which has continued ever since This great and mighty Magistrate is yearly chosen by the Citizens upon Michaelmas Day the 29th of September The Body out of which he is chosen are the 26 Aldermen all Persons of great Wealth and Wisdom at least ought so to be Those that chuse him are first the Livory-men or Members of the several Companies of Tradesmen within the City and at last the Aldermen which is done in this manner First the Livery-Men do usually put up four Candidates out of which they chuse two by the Plurality of Voices and out of these two the Court of Aldermen select whom they think fit And though they be free in their Choice yet commonly they have a regard for the Senior Alderman that has not been Lord Mayor and give him the Precedence The Mayor Elect being Proclaimed is sworn first at Guildhall and afterwards at Westminster There he swears to maintain the Priviledges of the People and here to be True to the King The Installation-Day is the 29th of October a Month after the Election The Solemnity of which Day upon his Account is so great that no Magistrate in Europe appears with so much state and grandure as the Mayor of London upon his Installation First he go's by water to Westminster in his Barge of state accompanied with the Aldermen in all their Formalities with their Scarlet Robes and Chains of gold hanging before their Breasts The Twelve Companies also in their several Barges â—et out with their Arms Colours and Screamers on both sides attend him in their furred Gowns In his way he is saluted from the Shore with the noise of great Guns and as he passes by Whitehall the King from thence viewing the Solemnity gives him and his Brethren a Mark of his Respect At last being landed at Westminster Bridge the several Companies march in order to their Hall and after them the Mayor and Aldermen with the Sword and Mace before them the Sword-bearer with his Cap of Maintenance on his head At their Entrance into the Hall the Hall is Intertained with the harmonious Musick of a Set of Hoboys marching in order before them and playing all the Way First they walk round the Hall where they pay their respects to each Court of Judicature and from the Hall they proceed to the Exchequer-Chamber where the New Lord Mayor is Sworn by the Barons This done they walk again in Procession round the Hall to invite the several Judges of each Court to Dinner at Guildhall And after this the whole Procession returns in the same manner by Water to Black-Friars From whence the Lord Mayor and Aldermen make their Cavalcade to Guildhall all mounted upon Horses richly Caparisoned the Livery-Men marching before in good order And now the Artillery men make their best appearance with their Buff-coats and Head-pieces But the most diverting Sight is that of the Pageants here and there in motion to divert the Spectators At last a most splendid Dinner to which besides the Judges many of the great Lords and Ladies the Privy Counsellours the forein Embassadors and oftentimes the King and Queen are invited concludes the Solemnity Such is the Magnificence of the Lord Mayor of London though always a Citizen and Tradesman being a Member of one of the 12 Companies Who for his great Dignity is usually Knighted by the King before the Year of his Mayoralty be expired unless he had received that Honour before whilst he was an Alderman as of late has been â—shal His Authority reaches not only all over this great City and part of the Suburbs except some particular Places but also on the Thames as far as the Mouth of it and Westward as far as Stanes-Bridge And so great is his Power that he may cause any Person inhabiting within London or the Liberties thereof to be Summoned to appear before him upon the Complaint of any Citizen and for Non-appearance may grant his Warrant to bring such Person before him For he has Power to determine Differences between Party and Party His Attendance whilst he is a Mayor is very considerable For besides his proper Servants first he has four principal Officers that wait on him as Lord Mayor who are reputed Esquires by their Places And those are the Sword-bearer the Common Hunt the Common Crier and the Water-Bayliff whose Places are very advantageous and purchased when vacant at a great rate from the Lord Mayor for the time being Besides them there is the Coroner 3 Sergeants Carvers 3 Sergeants of the Chamber 1 Sergeant of the Channel 4 Yeomen of the Waterside 1 Vnder Water-Bayliff 2 Yeomen of the Chamber 3 Meal-Weighers 2 Yeomen of the Wood-Wharf and several others Most of which have Servants allowed them with Livories Among which the Sword-bearer has a 1000 l. a Year allowed him for his Table in the Lord Mayor's House When he appears abroad on horseback which is his usual Appearance 't is with rich Caparison and always in long Robes sometimes of fine Scarlet-Cloth richly furred sometimes Purple and sometimes Puke with a black Velvet Hood over his Robes and a great Chain of Gold with a rich Jewel to it hanging from his Neck downwards Attended by several Officers walking before and on both sides of him He keeps an open Table all the Year to all Comers of any quality and so well furnished that it is always fit to receive the greatest Subject of England or of any other Potentate He has a Priviledge to hunt not only in Middlesex but also in Essex and Surrey and for this purpose has a Kennel of Hounds always maintained On the King's Coronation-Day he claims to be the chief Butler and bears the King's Cup among the highest Nobles of the Kingdom which serve on that Day in other Offices And upon the King's Death he is said to be the prime Person of England Therefore when King James I was invited to come and take the Crown of England Robert Lee then Mayor of London subscribed in the first place before all the Officers of the Crown and all the Nobility One Thing is observable which hapned not long since I mean four Mayors the City had in little more than half a Year viz. Sir John Shorter Sir John Eyles Sir John Chapman and Sir Thomas Pilkington For upon the Death of the first in September 1688 Sir John Eyles was made Lord Mayor and in October following the Charter being restored Sir John Chapman was chosen Lord Mayor Who dying in March following
the Reputation of their Monastery and makes it highly probable that S. Paul rather than S. Peter as others would have it was the first Founder of a Church in this Island But by reason of Persecutions or for want of a supply of Preachers Christianity did not flourish here till the Reign of Lucius the British King and the first Christian King in Europe Of whose imbracing Christianity the learned Bishop gives this Account from the Testimony of ancient Writers that the was first inclined thereto by the Persuasion of Eluanus and Eduinus two British Christians who were probably imploy'd to convince him But being workt upon on the other side by his Druids he would not come to any Resolution till he had sent to Rome for his further Satisfaction and to know how far the British Christians and those of Rome agreed Elentherus was then Bishop of Rome and the twelfth from the Apostles To whom he sent the foresaid Eluanus and Meduinus about the Year 180 presuming as he might reasonably then that the Christian Doctrine was there truly taught at so little distance from the Apostles and in a Place whither a Resort was made from all Parts because of its being the Imperial City For there was then no Imagination of S. Peter's having appointed the Head of the Church there nor a long time after in the British Churches as appears by the Contest of the British Bishops with Augustine the Monk King Lucius being satisfied upon the Return of his Embassadors from Rome imbraced the Christian Faith and received the Baptism So that by the piety of his Example and the diligence of the first Preachers Christianity soon spread over his Dominions and sometime after over all the Island And then the Britains had Bishops of their own without any Juridical Dependency from the See of Rome the British Church continuing a distinct and independent Church from all others But when the Heathen Saxons came to be possessed of this Part of the Island and the Natives forced to take shelter amongst the Mountains of Wales the Christian Faith fled with them and this Country was again darkened with Heathenism Till about the Year 596. Austin the Monk was sent by Pope Gregory the Great to preach the Gospel here By whose Diligence and Zeal the Work prospered so well that all the Saxons were by degrees converted to the Christian Faith and Austin made the first Arcsh-bishop of Canterbury but with a subjection to the Church of Rome Thus as the Errours crept on in the Roman the British Church grew infected with them and continued subject to the Power and Errours of Rome till King Henry VIII laid the Ground for a Reformation by his resuming the Power of the Christian British Kings his ancient Predecessors and removing by virtue of it the forfeited Primacy of Rome to the See of Canterbury But 't is Observable withall that this Ejection of the Pope's Authority was not done as in other Nations tumultuously and by the Power of the People but by the Counsel and Advice of godly and learned Divines assembled in Convocation by the King's Authority and ratified by the Three States in Parliament Thus the ancient Dignity and Supremacy of the Kings of England being restored and the Subjects delivered from the Spiritual Tyranny of the Pope of Rome the King and Clergy took this Occasion to inquire into and reform the great Abuses and Errours crept into the Church Whose Method in this Work begun in Henry's Reign and brought to perfection in his next Successor's Time Dr. Heylin sets forth in these Words The Architects says he in this great Work without respect unto the Dictates of Luther or Calvin looking only on God's Word and the Primitive Patterns abolished such Things as were repugnant unto either but still retained such Ceremonies in God's publick Worship as were agreeable to both and had been countenanced by the Practice of the Primitive Times A Point wherein they did observe a greater Measure of Christian Prudence and Moderation than their Neighbour Churches Which in a meer detestation of the See of Rome allowed of nothing which had formerly been in use amongst them because defiled with Popish Errors and Abuses utterly averting thereby those of the Papal Party from joyning with them in the Work or coming over to them when the Work was done Whereas had they continued an allowable Correspondency in these Extrinsecals of Religion with the Church of Rome their Party in the World had been far greater and not so much stomached as it is And this Opinion of his he backs with the Sentiment of the Marquess de Rhosne in this point after Duke of Sully and Lord High Treasurer of France one of the chief Men of the Reformed Party there Who being sent Embassador to King James from Henry IV. King of France admired the Decency of Gods publick Service in the Church of England Three Things principally are to be considered in point of Religion viz. The Doctrine the Manner of publick Worship and the Church Government As for the Doctrine of the Church of England 't is the same in all Points with other Reformed Churches as it appears by her Confession of Faith contained in the 39 Articles The Manner of publick Worship differs in nothing from them but in the Excellency of it So many admirable Prayers the English Liturgy contains sutable to all Occasions digested in a plain Evangelical Style without Rhetorical Raptures which are fitter for a designing Orator than an humble Addresser to the Mercy-Seat of God In short there is nothing wanting in the Church of England in order to Salvation She uses the Word of God the Ten Commandments the Faith of the Apostles the Creeds of the Primitive Church the Articles of the four first General Councils an excellent Liturgy the Administration of the Sacraments and all the Precepts and Counsels of the Gospel She attributes all Glory to God worships his most holy Name and owns all his Attributes She adores the Trinity in Unity the Unity in Trinity She teaches Faith and Repentance the Necessity of good Works the strictness of a holy Life and an humble Obedience to the Supreme Power Charity which is the grand Mark of the true Church is so essential to this that she do's not ingross Heaven to her self so as to damn all others into Hell For the publick Service and Worship of God she has Places Times Persons and Revenues set apart for that purpose and an uninterrupted Succession of Bishops to ordain Priests and Deacons and do all other Duties iucumbent to that Dignity Happy were it for England if all its Subjects would live in the Communion of this Church and not separate from it which is 〈◊〉 Thing more to be wished than hoped for But such is the designing and ambitious Spirit of Popery to weaken the Church of England ever since the Reformation lookt upon as the chiefest Bulwark against Popery that it has caused all our Distractions in order to fish
of Salisbury began the Sermon his Text being taken out of 2 Sam. 23. V. 3 4. The Sermon ended Their Majesties took the Oath And being conducted to their Regal Chairs placed on the Theater that they might be more conspicuous to the Members of the House of Commons who were seated in the North-Cross They were Anointed After the Unction they were presented with the Spurs and Sword invested with the Palls and Orbs and then with the Rings and Scepters At four of the Clock the Crowns were put upon their Heads at sight whereof all the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Their Majesties and after the Benediction They vouchsafed to kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed Their Majesties left Cheeks In the mean while the Treasurer of the Houshold threw about the Coronation Medals which were of Silver about the bigness of a half-crown Piece representing of one side the King and Queen with their Names thus Gulielmus Maria Rex Regina And on the Reverse giddy-brained Phaethon unskilfully guiding the Chariot of the Sun with Jupiter above striking him with a Thunder-bolt and this Motto about it Ne Totus Absumatur that is Lest the whole World be Consumed with fire A very pat Emblem to the present Juncture as those may best judge who are well acquainted with the Story of Phaethon Next followed the Communion And Their Majesties having made Their second Oblation received the holy Sacrament Then the Bishop read the final Prayers After Prayers Their Majesties retired into S. Edward's Chapel where they were new Arrayed in Purple Velvet And in this Habit they returned to Westminster-Hall with Their rich Crowns of State upon their Heads and the Nobility their Coronets A splendid Dinner being prepared in the Hall for Their Majesties and the whole Proceeding the first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High Constable High Steward and Earl Marshal But the Tables of the Nobility c. were all ready furnished before their Coming in Before the second Course Charles Dymoke Esq Their Majesties Champion came into the Hall on horse-back between the High Constable and the Earl Marshal where be performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendour and Magnificence Their Majesties about eight in the Evening returned to Whitehall CHAP. IX Of the King's peculiar Prerogatives Also of His Power Court and Revenues in general BEsides the Royal Marks of Sovereignty inherent in the Crown of England the King has certain Priviledges properly called by the Name of Prerogatives which are so many Flowers of the Crown The principal are these that follow First all Estates for want of Heirs or by Forfeiture escheat or revert to the King To Him also belong all Lands of Aliens dying before Naturalization or Denization unless they leave Issue born within his Dominions All Waste Ground or Land recovered from the Sea All Gold and Silver Mines in whose Ground soever they are found All Wayfs Strays and Wracks not granted away by Him or any of his Predecessors All Treasure found as Gold Silver Plate Bullion c. the Owner whereof is unknown All Royal Fishes as Whales Dolphins c. And Royal Fowl as Swans not markt and swimming at liberty on the River The King by his Prerogative has the Right of Pre-emption of all Sorts of Victuals near the Court and may take Horses Carts Ships and Boats for his Carriages at reasonable Rates By his Letters Patent he may erect new Counties Cities Boroughs Universities Colledges Schools Hospitals Fairs Markets Forests Chases Free-Warrens c. And without his Authority no Forest Chase or Park can be made or Castle built He has Power likewise to Infranchise an Alien and make him a Denison whereby he is inabled to purchase Houses and Lands and to bear some Offices But none can be Naturalized but by King and Parliament The King only can give Letters of Mart or Reprisal And in case of Losses by Fire or otherwise He only can give Patents to receive the charitable Benevolences of the People without which no Man may ask it publickly Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and till the Kings Debts be satisfied He may protect the Debtor from the Arrest of other Creditors He may Distrein for the whole Rent upon one Tenant tho he do not hold the whole Land Is not obliged to demand his Rent as others are and may sue in what Court he pleases and Distrain where he list No Occupancy can stand good against the King nor any Entry before Him prejudice him And the Sale of the Kings Goods in open Market do's not take away his Property therein All Receivers of Mony for the King or Accomptants to Him for any Branch of his Revenues are chargeable for the same at all times in their Persons Lands Goods Heirs Executors and Administrators And when any Debtor to the King is disabled to pay him by reason of Debts owing him which he has not been able to recover in such a Case the Kings Debtor being Plaintiff has some Priviledges above others by virtue of a Quo minus in the Exchequer In Doubtfull Cases always there ought to be a particular Regard and favourable Presumption for the King And Judgments against the King's Title are always entred with a Salvo Jure Domini Regis That if at any time the King's Council at Law can make out his Title better that Judgment shall not prejudice Him Which is not so for a Subject The King's Servants in Ordinary are free from Arrest also from all Offices that require their Attendance as Sheriff Constable Church-Warden c. And for reasonable Causes Him thereunto moving He may protect any Man against Suits at Law c. with a Noli Prosequi As to Church Matters the King by Act of Parliament is the Supream Head of the Church as He is of the State and is lookt upon as her Gardian and Nursing Father He is as Constantine the Emperor said of himself an external Bishop of the Church and in some Sense a Priest aswell as a King Therefore at his Coronation He is Anointed with Oyl as the Priests were at first and afterwards the Kings of Israel to intimate that his Person is Sacred and Spiritual and has the Dalmatica and other Priestly Vests put upon Him By virtue of his Prerogative He has Power to call a National or Provincial Synod and to make such Alterations in the Church-Discipline as they shall judge expedient And as He is the Lord Paramount or Supream Landlord of all the Lands in England so He has all over England the Supream
claim to do Services at the King's Coronation and to receive the accustomed Fees and Allowances In the Procession on the Coronation-Day 't is he that carries the King's Crown The Right Honourable the Earl of Devonshire was honoured with this great Office in the last Coronation Upon the Trial of a Peer he sits under a Cloth of State and his Commission is to proceed secundum Legem Consuetudinem Angliae He is not Sworn nor the Lords who are the Tryers of the Peer arraigned and tho he call all the Judges of the Land to assist him yet he is the sole Judge Next to the Lord High Steward is the Lord High Chancellour who in Civil Affairs now there is no High Steward is the highest Person in the Kingdom next to the Royal Family as the Arch-bishop of Canterbury is in Ecclesiastical His Oath is to do Right to all manner of People rich and poor after the Laws and Customs of the Realm truly to counsel the King and keep secret the King's Counsel to stand for the Rights of the Crown c. The Great Seal of England is in his Custody He is the Judge of the Court of Chancery otherwise called the Court of Equity where he is to judge not according to the Rigour and Letter of the Law but with Equity and Conscience He also bestow's all Ecclesiastical Benefices in the King's Gift under 20 l. a Year in the King's Books Since the Reign of Henry VII this great Office has been commonly executed by Lawyers whereas formerly Bishops and other Clergy-men learned in the Civil Laws were usually intrusted with it The Lord High Chancellour holds his Place but durante Regis Beneplacito during the King's Pleasure And his Place is counted to be worth 8000 l. a Year Anciently he had sometimes a Vice-Chancellour commonly called Keeper of the Great Seal But of later Times they differ only in Name For the late Kings have always beflowed the Great Seal either with the Title of Lord Keeper or of Lord Chancellour but still with the same Power and Right of Precedence Only the Lord Chancellour receives a Patent from the King for his Office which the Lord Keeper do's not and by the Title of Chancellour he is lookt upon as in greater favour with the King But his present Majesty since his Accession to the Crown thought fit to have this Office managed by Commissioners and accordingly it has been hitherto managed by three Lords Commissioners The third Great Officer of the Crown is the Lord High Treasurer who has the Charge and Government of all the King's Revenue kept in the Exchequer He has the Gift of all Customers Comptrolers and Searchers in all the Ports of England and the Nomination of all Escheators in every County He has also the Check of all the Officers imploy'd in collecting all the Revenues of the Crown He has power either by himself or with others joyned in Commission with him to let Leases of all the Crown-Lands And it is he that gives Warrants to certain Persons of Quality to have their Wine Custom-free Anciently he received this Office and Dignity by the delivery of the golden Keys of the Treasury which is now done by delivery of a white Staff to him by the King His Oath do's not differ much from that of the Lord Chancellour and he holds his Place as he do's during his Majesties Pleasure His Place is also reckoned to be worth 8000 l. per ann But this great Office is now executed by four Persons called the Lords Commissioners of the Treasury Next is the Lord President of the King 's Privy Council an Officer as ancient as King John's Time made by the King's Letters Patent under the Great Seal durante Beneplacito His Office is to manage the Debates in Council to propose Matters from the King and report the Transactions to his Majesty In the late Reigns this Office was often supplied by the Chancellour Next to the Lord President is the Lord Privy Seal whose Office is of great Trust and Skill He is so called from the Privy Seal which is in his custody All Charters and Grants of the King and all Pardon 's signed by the King pass through his hands before they come to the Great Seal of England And hâ—â— ought not to put this Seal to any Grant withâ— out good Warrant under the King 's Privy Signet nor with Warrant if it be againsâ— Law or Custom until the King be first acquainted He manages also divers other Matters of less concernment which do not pass the Great Seal He is by his Place of the King 's Privy Council and takes his Oath accordingly besides a particular Oath as Lord Privy Seal Wheâ— there is a Court of Requests he is the chieâ— Judge of it His Place is also during the King's Pleasure 〈◊〉 and his Salary is 1500 l. per annum The sixth Great Officer of the Crown iâ— the Lord Great Chamberlain of England an Officer of State and of great Antiquity whose chief Business is on the Coronation-Day For it is his Office that Day to bring the King his Shirt Coyf and Wearing Cloaths before his Majesty rises and to carry at the Coronation the Coyf Gloves and Linnen to be used by the King upon that Occasion In the Church where the King is Crowned he undresses and attires his Majesty with Robes Royal and giveâ— Him the Gold which is offered by Him at the Altar Before and after Dinner he serves the King with Water to wash his hands For this Service he has 40 Ells of Criâ—â—son Velver for-his own Robes the King 's Beâ— and all the Furniture of his Bed-Chamber all the King's Night-Apparel and the Basoâ— and Towels used at Dinner for his Fees He has also Livery and Lodging in the King's Court certain â—ees from all Peers of the Realm at their Creation and from each Arch-Bishop or Bishop when they do their Hoâ—â—age or Fealty to the King To him belongs the Care of providing all Things in the House of Lords in Parliament-Time and therefore has an Apartment allowed him near the House of Lords This Office is Hereditary and belongs to the Earls of Lindsey The Lord High Constable is another great Officer but of too great Authority and Power to be continued and therefore is only created for the Solemnity of the King's Coronation The Duke of Ormond was High Constable in the last The next is the Earl Marshal of England an Officer of great Antiquity and anciently of great Power His proper Office is to summon the Nobility to the King's Coronation with such Directions for State and publick Appearance as becomes that Solemnity He also takes Cognizance of Matters of War and Arms out of the reach of the Common Law and in these Matters he is commonly guided by the Civil Law Neither can any obtain a Coat of Arms but he must first apply himself to the Earl Marshal to whom the Heralds Colledge is subordinate The last is the Lord
and Queen as they were lately settled by King and Parliament differ in several Points from the Settlement made in the Reign of Charles II and Confirmed to the late King James 'T is true the Excise which consists in certain Impositions upon Beer Ale and other Liquors is Settled upon Them for their Lives and the Life of the Survivor of Them But out of it a Yearly Rent of 20000 l. comes to Her Royal Highness the Princess of Denmark and her Issue during Their Majesties Lives and the Survivor of Them The Custom upon Commodities Imported and Exported which was settled upon King Charles II and afterwards his Successor for their respective Lives is now Confined within the Term of four Years to commence on the 24th Day of December 1690. And that great Branch of the Revenue the Hearth-Mony which was for ever Settled in the Crown to the great Grievance of the People is now lopt off by Act of Parliament upon the King 's generous Motion for the Relief of His Subjects As to Their Majesties other Revenues I refer you to the Ninth Chapter Which with the Excise and Custom come to above Twelve hundred thousand Pound a Year that is about 16 Millions of French Livers A Revenue which may serve in Time of Peace to Keep up the Honour of the Crown not to inable any Ambitious or Over-covetous Prince to Invade the Property and Liberty of the Engglish Subjects or under a vain Pretence of his own Glory to disturb the Peace and Quiet of his Neighbours A sad Experience whereof we have seen of late Years by the Practice of that Ambitious Monarch the French King whose exorbitant Incomes have helped him to Crush first his Subjects and then most of his Neighbours But when the Nation is concerned in a forein War and the War grounded upon Equity and Honour the Parliaments of England seldom fail of Supplying the King with Subsidies suitable to the present Occasion by a Land-Tax Poll-Mony and such other Ways as they think most convenient In the mean time as the Custom and Excise are the two principal Branches of Their Majesties Revenues let us see how the same are managed how the Products thereof come into the Exchequer and are there disposed of by such thrifty Methods that all Charges born it costs the King little above 2 Shillings in the Pound For the Managing of the Custom-Revenue there are in the first place at present Seven Commissioners who have the Charge and Oversight of all Their Majesties Customs in all Ports of England Which Customs amount to about 600000 l. a Year whereof the Port of London only pays two Thirds that is about 400000 l. Yearly The said Commissioners sit day by day at the Custom-House London They hold their Places by Patent from the King and have each a Salary of 1000 l. per Annum Under these are a great Number of Officers imployed both at London and in the Out-Ports some of them of considerable quality and ability Such as Collectors Customers Comptrollers Surveyors Registers Searchers Waiters c. whose due Perquisites are so considerable that to some they are more than their respective Salaries First there is A Collector Inwards and for the Act of Navigation 966 13 04 A Collector Outwards 276 00 00 A Customer of the Cloth and petty Customs 277 06 08 Two Customers of the great Customs each 50 00 00 A Comptroller General of the the Accompts 500 00 00 A Comptroller of the Cloth and petty Customs 100 00 00 A Surveyor General 500 00 00 A Surveyor of the Out-Ports 250 00 00 A Register of the Seizures 106 00 00 A Head-Searcher 120 00 00 Nineteen King's Waiters each 52 00 00 Forty Land-Waiters each 80 00 00 There is also a Secretary a Ware-house-Keeper a Surveyor of the Ware-house 7 Land-Surveyors 8 Tide-Surveyors 7 Under-Searchers these at 12 l. per Annum and many more Officers that I pass by for brevities sake Besides several Persons Commissioned to seize Uncustomed Goods either Inward or Outward bound 80 Tide-Waiters whose Fee is each 5 l. a Year and 3 shill a Day besides extraordinary Tide-Waiters allowed no Salary but only 3 shill a Day when Imployed To which add Noon-Tenders Watchmen and abundance of other inferiour Officers The Excise Office is Kept in a stately House in Broad Street where this Revenue is also managed by Seven Commissioners who receive here the whole Product of the Excise all over England and pay it into the Exchequer They have each of them 1000 l. Salary per Annum and are obliged by Oath to take no Fee nor Reward but from the King only Under these is A Register and Secretary 500 00 00 An Auditor who for himself and Clerks is allowed 700 00 00 A Comptroller and his Clerks 1240 00 00 There are other considerable Places belonging to this Office both within Doors and without which are injoyed and officiated by very sufficient Persons Particularly the House-Keeper's Place worth 400 l. per Annum And to collect the Excise-Duty all over the Kingdom a great Number of Men appointed for that purpose whose Salary is 20 shill a Week But 't is Observable that from the foresaid Commissioners there lies an Appeal to five others called the Commissioners of Appeal whose yearly Salary from the King is 200 l. each These and all other Their Majesties Revenues are paid at Westminster into the Exchequer that Ocean of Treasure which receives all those Streams and returns them again to refresh the Kingdom by the constant Payments out of it Whereby is caused a great Circulation of Mony throughout the Land And as there are a great many Officers for Collecting the King's Revenues so there are not a few to Receive and Disburse the same according to His Majesties Order The principal Officer is the Lord Treasurer One of the Great Officers of the Crown Whose Place is sometimes as it is at this present managed by Commissioners appointed by His Majesty The next is the Chancellour of the Exchequer an Officer of great Account and Authority whose Power extends not only in the Exchequer Court but also here in the managing and disposing of the King's Revenue He is Under-Treasurer has the Exchequer-Seal in his Custody and a Superintendency over the Lord Treasurer's Roll. The Places of the Comptroller of the Pipe of the Clerk of the Pleas the Clerk of the Nichils and the two Praisers of the Court besides the Seal thereof are all in his Gift Then there are two Chamberlains who 〈◊〉 in their Custody many ancient Records the Standards of Monies Weights and 〈◊〉 and Doomsday Book otherwise called 〈…〉 Book of the Exchequer First Known by the Name of Rotulus Wintoniae and since named Doomsday Book as containing an exact account of all the Lands of England with the true Value of them and their Owners Names So that when this Book was opened upon any Difference the Cheat appeared and Judgement was given accordingly This Tax-book has been written above
of them and then asks the People if they Know any notable Impediment or Crime in any of them Then follow certain godly Prayers with the Collect and Epistle appointed for this Solemnity After which the Oath of Supremacy is administred to every one of them and the Bishop puts divers godly Questions to them Which being answered they all Kneel and he laying his Hands upon them severally does Ordain them Deacons Then he delivers to every one of them the New Testament and gives them Authority to read the same in the Church Whereupon the Bishop appoints one of them to read the Gospel This done they with the Bishop proceed to the Communion and so are dismissed with the Blessing pronounced by the Bishop The Ordination of Priests is much after the same manner Only the Epistle and Gospel are different and after the Questions and Answers made the Bishop puts up a particular Prayer for them Which being ended he desires the Congregation to recommend them to God secretly in their Prayers for doing of which there is a competent time of general Silence Then follows Veni Creator Spiritus in Meter to be sung And after another Prayer they all Kneeling the Bishop with one or two of the grave Priests there present lays his Hands upon the Head of every one of them severally and so gives them Ordination in a grave set Form of Words different both from that of Bishops and that of Deacons The rest is the same as in the Ordaining of Deacons What the Office of a Parish-Priest is is so well known that I need not insist upon it His Orders he has from the Bishop but the Benefice he holds from the Patron Now we call those Patrons of Churches who by first building of Churches or first indowing them with I ands have obtained for them and their Heirs a Right of Advowson or Patronage Who when the Church is void is to propose a fit Clerk to the Bishop to be by him Canonically Instituted As to the Revenues of the Inferiour Clergy they are as in all Places unequally divided So that some Parsons have a very plentiful some but a competent and others but a small Maintenance some two or three hundred pounds per Annum or more others one hundred or thereabouts and some much short of that Which besides the Glebe-Land is mostly raised by way of Tythes and the Duties paid for Christenings Marriages and Funerals The Plurality of Benefices that is the Priviledge of holding more Livings than one allowed by the Church of England for the Incouragement of worthy and eminent Divines makes room for many Curates So we call those who officiate in those Churches where such as hold Plurality of Livings do not Keep their Residence These Curates are such Clergy-men as they think fit to appoint in their places with such an Allowance as is agreed upon amongst themselves The Condition of Vicars is much the same as that of Curates if not worse These properly officiate in those Livings which are called Impropriations of which there are in England no less than 3845. For above a third part of the best Benefices of England being anciently by the Popes Grant appropriated to Monasteries towards their Maintenance were upon the Dissolution of the Monasteries made Lay-fees Which Benefices ever since have been accordingly provided not with the best Allowances nor with the best of the Clergy Amongst the Priviledges of the Clergy this is one of the principal that all Deans Arch-Deacons Prebendaries Rectors and Vicars may some by themselves others by Proxy or by Representative sit and vote as Commons Spiritual in the Lower House of Convocation No Subsidies or other Tax to the King might formerly be laid upon them without their own Consent first had in Convocation And indeed the Clergy paying to the King the first Fruits that is the first Years Profits of all Spiritual Benefices and yearly the Tenth of all the said Benefices 't was thought but reasonable they should be exempted from all other Taxes Though to give the Laity good Example they have often laid upon themselves Subsidies and other great Taxes The Glebe-Lands and Spiritual Revenues of Clergy-men being held in pura perpetua Eleemosyna that is as the Law calls it in Frankalmoine are exempted from arraying and Mustering of Men or Horses for the War And as by their Function they are prohibited to wear any Arms therefore they cannot serve personally in War But they serve their Country otherwise by being our Leaders in our Spiritual Warfare Neither can any Clergy-man be compelled to undergo any other Personal Functions or Services in the Common-wealth For if any Man by reason of his Land be liable to be elected to any Servile Office if he takes Orders he is free and there lies a Writ purposely to free him Clergy-Men are not obliged to appear at Sheriffs Turns or Courts-Leet there to take their Oath of Allegiance By Magna Charta no Clergy-man ought to he Fined or Amerced according to his Spiritual Means but according to his Temporal Estate and to the Crime committed The Goods of Clergy-men are discharged by the Common Law of England from Tolls and Customs of Average Pontage Murage and Panage for which they have the King 's Writ to discharge them provided they don 't trade with them All Clergy-men are free from the King's Purveyors Carriages Post c. for which they may demand a Protection from the King with the Clause Nolumus As to the whole Number of the Clergy in England besides the two Archbishops and the twenty four Bishops there are 26 Deans of Cathedral and Collegiate Churches 576 Prebendaries 9653 Rectors and Vicars besides as many more Curates and others in holy Orders In point of Learning and good exemplary Life England I dare say is outdone by no Clergy in the Christian World If amongst the Inferiour Clergy there be some ignorant lewd Livers the dignified Clergy and the Episcopal Colledge are generally Men noted both for their great Piety and deep Learning And the late Scuffle they had with the Romanists in so difficult a Juncture as King James his Reign as it has sufficiently shewn the greatness of their Parts and the Depth of their Learning so it expressed to the World their strong and invincible Zeal for the Protestant Religion and the gross Mistake of Dissenters that lookt upon them as broad-faced Papists Nothing troubles me more than to see some of the Clergy so much infatuated as to indeavour to defeat as far as in them lies the late signal Providence that rescued us so wonderfully from Popery and Slavery I do not reflect upon those who remain quiet under their Scruples of Conscience and are not so far disturbed in their Mind as to disturb the Government But to see some so low-spirited as to fall a hugging their old Enemies the French and admire them as their Tutelar Angels who were but 'tother Day the greatest Object of their Scorn and Contempt this affords
submitted to take it at his hand again at a yearly Tribute the Pope in the Reign of Edward III. demanded his Rent and all the Arrears Upon which issued this Resolve of the Parliament that neither the King nor any other could put the Realm nor the People thereof into a forein Subjection without their Assent This was a high Resolution in Law in one of the highest Points of Law concerning the Kings Claim of an absolute Power when the Pope was in his height However this intimates that with their joynt Consent the Crown may be disposed of But how transcendent soever be the Power and Authority of the King and Parliament yet it do's not extend so far as to bar restrain or make void subsequent Parliaments and tho divers Parliaments have attempted â—t yet they could never effect it For the â—atter Parliament hath still a Power to abrogate suspend qualify explain or make void the former in the Whole or any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former it being a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant 'T was therefore but in vain that the late King James pretended so to settle that Liberty of Conscience which he ushered in by his Declaration as to make it a Law unalterable like the Laws of the Medes and Persians It was but a Blind for Dissenters to bring them into his Snare and tho he had really designed it he must have been at least Immortal to secure it One of the fundamental and principal Ends of Parliaments was to Redress Grievances and ease the People of Oppressions The chief Care whereof is in the House of Commons as being the Grand Inquest of the Realm summoned from all Parts to present publick Grievances to be redressed and publick Delinquents punished as corrupted Counsellours Judges and Magistrates Therefore Parliaments are a great Check to Men in Authority and consequently abhorred by Delinquents Who must expect one time or other to be called to a strict and impartial Account and be punished according to their Demerits Remember said the Lord Bacon to his Friend Sr. Lionel Cranfield when he was made Lord Treasurer that a Parliament will come In this Case the House of Commons the Parliament sitting Impeaches and the House of Lords are the Judges the Commons Inform Present and Manage the Evidence the Lords upon a full Trial give Judgment upon it And such is the Priviledge of the House of Commons in this particular that they may Impeach the highest Lord in the Kingdom either Spiritual or Temporal and he is not to have the benefit of the Habeas Corpus Act that is he cannot come out upon Bail till his Trial be over or the Parliament Dissolved which last some of the late Judges have declared for But the Lords cannot proceed against a Commoner except upon a Complaint of the Commons In a Case of Misdemeanour both the Lords Spiritual and Temporal are Judges and the Kings Assent to the Judgment is not necessary But if the Crime be Capital the Lords Spiritual tho as Barons they might sit as Judges yet they absent themselves during the Trial because by the Decrees of the Church they may not be Judges of Life and Death For by an Ordinance made at the Council at Westminster in 21 Hen. 2. all Clergymen were forbidden agitare Judicium Sanguinis upon pain to be deprived both of Dignities and Orders When a Peer is Impeached of High Treason a Court is usually erected for his Trial in Westminster-Hall and the King makes a Lord Steward which commonly is the Lord Chancellour to sit as Judge thereof The Trial being over the Lords Temporal resorting to their House give Judgment upon it by Voting the Party arraigned upon their Honours Guilty or not Guilty and he is either Condemned or Acquitted by the Plurality of Voices If found Guilty he receives Sentence accordingly by the Mouth of the Lord High Steward The House of Lords is also in Civil Causes â—he highest Court of Judicature consisting of â—ll the Lords Spiritual and Temporal as Judges â—sisted with the most eminent Lawyers both 〈◊〉 Common and Civil Law And from this Court there lies no Appeal only the cause or â—ome Point or other of it may be brought again before the Lords upon a new Parliament In Case of Recovery of Damages or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any inferiour Court at the Common Law But the Lords in Parliament may direct how it shall be levied In short by the ancient Laws and Constitutions of this Kingdom it belongs to the House of Peers to interpret Acts of Parliament in Time of Parliament in any Cause that shall be brought before Them I conclude with the Priviledges of Parliament which are great in both Houses and fit for so honourable a Court. First as to the Persons of the Commoners they are Priviledged from Suits Arrests Imprisonments except in Case of Treason and Felony also from Attendance on Trials in inferiour Courts serving on Juries and the like Their necessary Servants that tend upon them during the Parliament are also Priviledged from Arrest except in the aforesaid Cases Which Priviledge is their due eundo morando redeundo that is not only for that time the Parliament sits but also during 40 Days before and 40 Days after the Parliament finished And that not only for the Persons of Members and their necessary Servants but also in some Cases for their Goods and Estates during that Time Moreover this Priviledge do's likewise extend to such Officers as attend the Parliament as the Clerks the Sergeant at Arms the Porter of the Door and the like But if one was Arrested before he was chosen Burgess he is not to have the Priviledge of the House Many are the Precedents which shew the Resentments of this House against such as have offered to act contrary to these Priviledges and their severe Proceedings against some of them either for serving a Subpoena upon or Arresting a Member of this House or refusing to deliver a Member arrested for Debt the Parliament sitting For common Reason will have it that the King and his whole Realm having an Interest in the Body of every one of its Members all private Interest should yield to the Publick so that no Man should be withdrawn from the Service of the House And so much has been the Priviledge of the House insisted on that it has been a Question Whether any Member of the House could consent to be sued during the Session because the Priviledge is not so much the Person 's the House's And therefore when any Person has been brought to the Bar for any Offence of this nature the Speaker has usually charged the Person in the name of the whole House as a Breach of the Priviledge of this House Also for offering to threaten or to give abusive Language to any Member