of Maldon Sir Thomas Darcy Bar. Charles Mountague Es Borough of Harwich The Right Honourable Charles Lord Chyne Sir Thomas Middleton Kt. Glocestershire 8. Sir John Guise Bar. Sir Ralph Dutton Bar. City of Glocester William Cooke Esq William Try Esq Borough of Cirencester The Right Honourable Henry Powle Esq Richard Howe Esq Borough of Tewksbury Rich. Dowdeswell Esq The Right Honourable Sir Henry Capell Kt. Herefordshire 8. Sir John Morgan Bar. Sir Herbert Croft Bar. City of Hereford Paul Foley Esq Henry Cornwall Esq Borough of Lempster Tho. Conyngesby Esq John Dutton Colt Esq Borough of Weobly John Birch Esq Robert Price Esq Hertfordshire 6. Sir Tho. Pope Blount Bar. Ralph Freeman Esq Borough of St. Albans Sir Samuel Grimston Bar. George Churchill Esq Borough of Hertford Sir Will. Cowper Bar. Sir Will. Leman Bar. Huntingtonshire 4 The Honourable Robert Mountague Esq John Driden Esq Borough of Huntington The Honourable Sidney Wortly alias Mountague Esq The Honourable Richard Mountague Esq Kent 10. The Honourable Sir Vere Fane Knight of the Bath Sir John Knatchbull Bar. City of Canterbury Sir William Honywood Bar. Henry Lee Esq City of Rochester Sir Joseph Williamson Kt. Francis Clarke Esq Borough of Maidston Sir Tho. Taylor Bar. Thomas Ryder Esq Borough of Queenborough Sir John Bankes Bar. Robert Crawford Esq Lancashire 14. The Right Honourable Charles Lord Brandon Gerrard The Honourable James Stanley Borough of Lancaster Roger Kirby Esq Thomas Preston Esq Borough of Preston in Amounderness Christopher Greenfeild Esq Borough of Newton The Honourable George Cholmondely Esq Sir John Chichley Kt. Borough of Wiggaâ—â— Sir Rich. Standish Kt. Peter Shakerly Esq Borough of Clitheroe Anthony Parker Esq Roger Kenyon Esq Borough of Leverpool The Kight Honourable Richard Lord Colchester Tho. Norris of Speak Esq Leicester 4. The Right Honourable Bennet Lord Sherrard Sir Thomas Hesilridge Bar. Borough of Leicester Sir Edward Abney Kt. Lawrence Carter Esq Lincoln 12. The Right Honourable George Viscount Castleton Sir Tho. Hussey Bar. City of Lincoln Sir John Bolles Bar. Sir Edw. Hussey Bar. Borough of Boston Peregrine Berty Esq Sir William Yorke Kt. Borough of Great Grimsby Sir Edw. Ayscogh Kt. John Chaplin Esq Town of Stamford The Honourable Charles Bertie Esq William Hyde Esq Borough of Grantham Sir John Brownlowe Bar. Sir William Ellis Bar. Middlesex 8. Sir Char. Gerrard Bar. Ralph Hawtery Esq City of Westminster Sir Will. Poultney Kt. Sir Walter Clarges Bar. London Sir Will. Pritchard Kt. Sir Sam. Dashwood Kt. Sir Will. Turner Kt. Sir Tho. Vernon Kt. Monmouth 3 The Right Honourable Charles Lord Marquess of Worcester Thomas Morgan Esq Borough of Monmouth Sir Charles Kemeys Kt. Norfolk 12. Sir Jacob Astley Kt. and Baronet Sir William Cooke Bar. City of Norwich Thomas Blofeild Esq Hugh Bokenham Esq Town of Lyn Regis Sir John Turner Kt. Daniel Bedingfeild Esq Town of Great Yarmouth George England Esq Samuel Fuâ—ler Esq Borough of Thetford Baptist May Esq Sir Francis Guybon Kt. Borough of Castlerising Right Honourable Sir Robert Howard Kt. Robert Walpole Esq Northampton 9. Sir St. Andrew St. John Bar. John Parkhurst Esq City of Peterborough Will. Brownlowe Esq Gilbert Dolben Esq Town of Northampton Sir Tho. Samuel Bar. Sir William Langham Kt. Town of Brackley The Honourable Sir William Egerton Knight of the Bath John Blencowe Sergeant at Law Borough of Higham-Ferrers Thomas Andrews Esq Northumberland 8. William Forster Esq Philip Bickerstaff Esq Town of Newcastle upon Tine Sir Ralph Carr Kt. William Carr Esq Borough of Morpeth The Right Honourable Charles Lerd Morpeth Roger Fenwick Esq Town of Berwick upon Tweed Sir Francis Blake Kt. â—amuel Ogle Esq Nottingham 8. Sir Scroop How Kt. Will. Sacheverel Esq Town of Nottingham Char. Hutchinson Esq Richard Slater Esq Borough of Eastretford John Thornehagh Esq Town of Newark upon Trent The Right Honourable William Lord Eland The Honourable Nicholas Sanderson Esq Oxon 9. The Right Honourable Mountague Lord. Norreys Sir Robert Jenkinson Bar. University of Oxon. The Honourable Heneage Finch Esq Sir Tho. Clerges Kt. City of Oxon. The Honourable Henry Bertie Esq Sir Edw. Norreys Kt. Borough of New-Woodstock Sir Tho. Littleton Bar. Thomas Wheate Esq Borough of Banbury Sir Robert Dashwood Kt. and Bar. Rutland 2. Sir Tho. Mackworth Bar. Bennet Sherrard Esq Salop 12. The Honourable Richard Newport Esq Edward-Kynaston of Oately Esq Town of Salop. The Honourable Andrew Newport Esq Richard Mitton Esq Borough of Bruges alias Bridgenorth Sir William Whitmore Bar. Sir Edward Acton Bar. Borough of Ludlow Thomas Hanmer Esq William Gower Esq Borough of Wenlock Sir Will. Forester Kt. George Weld Esq Town of Bishops-Castle William Oakeley Esq Somerset 18. Sir Edward Phillips Kt. Nathaniel Palmer Esq City of Bristol Sir Richard Hart Kt. Sir John Knight Kt. City of Bath Sir William Basset Kt. Joseph Langton Esq City of Wells Edward Barkeley Esq Hopton Wyndham Esq Borough of Taunton John Speke Esq Edward Clark Esq Borough of Bridgwater Sir Francis Warr Bar. Henry Bull Esq Borough of Minehead Borough of Ilchester Sir Edw. Winham Bar. John Hunt Esq Borough of Milborn-Port Sir Thomas Travel Kt. Sir Charl. Carteret Kt. Southampton 26. The Right Honourable Charles Lord Marquess of Winchester Richard Norton Esq City of Winchester The Right Honourable William Lord Pawlet Frederick Tilney Esq Town of Southampton Sir Char. Windham Kt. Sir Benj. Newland Kt. Town of Portsmouth The Honourable Edward Russel Esq Nicholas Hedger Alderman Borough of Yarmouth The Right Honourable Sir John Trever Kt. Speaker Charles Duncombe Esq Borough of Petersfield Robert Michel Esq Richard Holt Esq Borough of Newport alias Medona Sir Robert Holmes Kt. Sir Will. Stephens Kt. Borough of Stockbridge Will. Mountague Esq Richard Whithed Esq Borough of Newtown The Right Honourable Richard Earl of Ranelagh Thomes Done Esq Borough of Christ-Church Francis Gwyn Esq William Ettrick Esq Borough of Whitchurch Henry Wallop Esq The Honourable James Russel Esq Borough of Lemington John Burrard Esq Thomas Dore Esq Borough of Andover The Honourable Francis Pawlet of Amport Esq John Pollen Esq Staffordshire 10. The Honourable John Grey Esq Walter Chetwind Esq City of Lichfield Robert Burdet Esq Richard Dyot Esq Borough of Stafford John Chetwind Esq Jonathan Cope Esq Borough of Newcastleunder Line Sir William Levison Gower Bar. Sir Thomas Bellot Bar. Borough of Tamworth Sir Henry Gough Kt. Michael Biddulph Esq Suffolk 16. Sir Samuel Barnardiston Bar. Sir Gervas Elwes Bar. Borough of Ipswich Sir John Barker Bar. Sir Charles Blois Bar. Borough of Dunwich Sir Robert Rich Kt. and Bar. Sir Philip Skippon Kt. Borough of Orford Thomas Glemham Esq Thomas Felton Esq Borough of Alborough Sir Henry Johnson Kt. William Johnson Esq Borough of Sodbury John Robinson Esq Borough of Eye Henry Poley Esq Thomas Davenant Esq Borough of St. Edmonsbury Sir Robert Davers Bar. Henry Goldwell Esq Surrey 14. Sir Rich. Onslow Bar. Sir Franc. Vincent Bar. Borough of Southwark Anthony Bower Esq John Arnold Esq Borough of Blechingly Thomas Howard Esq Sir Robert
Lieutenant General Sir Henry Goodrick Kt. and Bar. Surveyor John Charleton Esq Clerk of the Ordnance Sir Thomas Littleton Kt. Keeper of the Stores Thomas Gardiner Esq Clerk of the Deliveries Philip Musgrave Esq Assistant Surveyor William Boulter Esq Treasurer or Pay-master Charles Bertie Esq Master Gunner Capt. Richard Leak Principal Engineer Sir Martin Beckman Kt. Keeper of the small Guns Mr. Charles Beaumont The Lords Commissioners of the Admiralty and of the Admirals The Lords Commissioners of the Admiralty The Earl of Pembroke and Montgomery The Earl of Carbery Sir Michael Wharton Bat. Sir Thomas Lee Bat. Sir John Chichley Bat. Sir John Lowther Bat. William Sacheveril Esq Admirals Sir Richard Haddock Kt. Henry Killigrew Esq Sir John Ashby Kt. A List of the Commissioners and other Principal Officers belonging to the Navy The Commissioners Sir Richard Haddock Kt. Charles Sergison Esq Sir John Tippet Kt. Sir Richard Beach Kt. The Treasurer Edward Russel Esq Comptroller Sir Richard Haddock Kt. Surveyor Sir John Tippet Kt. Clerk of the Acts Charles Sergison Esq Victuallers of the Navy Thomas Papilion Simon Macne John Agur Humphrey Ayles and James How Esquires Commissioners for Sick and Wounded Seamen and exchange of Prisoners of War Thomas Addison Esq Edward Leigh Esq Anthony Shepherd Esq John Starkey Esq Of the Martial Court THis Court you have too short an Account of in my Third Part Page 91. I therefore beg leave here to inlarge upon it 'T is called the Martial or Military Court or High Court of Chivalry otherwise the Court of Honour and in Latine Curia Militaris The Place anciently appointed for holding thereof was the King's Hall wherein the Constable and Earl Marshal of England sat as Judges Where any Plaintiff in case of Dignities or Matters of Arms or of any other Sute or Controversy concerning Nobility Gentility or Arms might sue the Defendant But now that great Office of Constable of England is hid aside the whole Power is vested in the Earl Marshal And the Present Possessor of that honourable Office is his Grace Henry Duke of Norfolk Earl Marshal of England Who has appointed the Hall in the Colledge of Arms to be the Place for Keeping the said Court. And upon Application made to him by any of the Nobility or Gentry of this Kingdom being abused in Matters of Honour and Arms may there have relief from his Grace Officers belonging to this Court Their Majesties Advocate William Odys Dr. of Laws Register of the Court Robert Plott Dr. of Laws Secretary and Seal-Keeper Francis Negus Esq Deputy-Register Mr. John Cheek Proctors Samuel Francklyn Esq Batchelour of Laws Mr. Ralph Suckley Mr. Everard Exton Batchelour of Laws Mr. John Hill Mr. Francis Nixon Mr. Robert Chapman Mr. Samuel Wiseman Mr. Keate Waller Marshal of the Court. Mr. John Curry A List of the Lords Lieutenants Bedford Earl of Bedford Berks Duke of Norfolk Bucks Earl of Bridgewater Cambr. Earl of Bedford Cheshire Earl of Warrington Cornwal Earl of Bath Cumberland Earl of Carlisle Derbysh Earl of Devon Devonsh Earl of Bath Dorcetsh Earl of Bristol Essex Earl of Oxford Gloc. and Heref. Earl of Maclesfield Hartfordsh Earl of Shrewsbury during the Minority of the Earl of Essex Huntingt Earl of Manchester Kent Earl of Winchelsey Lancashire Earl of Derby Leicestersh Earl of Rutland Lincolnsh Earl of Lindsey Middlesex Earl of Clare Monmouthsh Earl of Maclesfield Norfolk Duke of Norfolk Northampt. Earl of Monmouth Northumb. Earl of Scarborough Nottinghamsh Earl of Kingston Oxon Earl of Abington Salop Lord Visc Newport Somersetsh Lord Visc Fitz-Harding Southampton Duke of Bolton Staffordsh Lord Paget Suffolk Lord Cornwallis Surrey Duke of Norfolk Sussex Earl of Dorset and Middlesex Warwicksh Earl of Northampton Wiltshire Earl of Pembroke Worcestersh Earl of Shrowsbury York East-Riding Earl of Kingston York North Riding Earl of Falconberg York West-Riding Earl of Derby South and North Wales Earl of Maclesfield Governours of Garrisoned Places Barwick Christ Babington Esq Calshot Francis Pawlet Esq Carlisle Jeremiah Bubb Esq Chepstow Chester Sir John Morgan Cinque-Ports Col. John Beaumont Esq Dartmouth Nich. Roope Esq Graves-end William Selwyn Esq Guernsey Lord Hatton Holy Island Hull Marquess of Caermarthen Hurst-Castle Henry Holmes Jersey Lord Jermyn Isle of Wight Sir Robert Holmes Landguard-Fort Henry Killigrew Esq S. Maws Pendennis Earl of Bath Plimouth Earl of Bath Portland Portsmouth John Gibson Esq Scarborough Scilly Islands Sheerness Robert Crawford Esq Tinmouth Sir Edw. Villiers Tower of London Lord Lucas Upner Castle Robert Minors Esq Windfor Castle Duke of Norfolk Governours of Foreign Plantations Of Jamaica Earl of Inchqueen Virginia Lord Effingham New York Col. Sloughter Barbadoes James Kendal Col. Leeward Islands Col. Godrington As for New England the Governor is not yet setled Mary-Land Pensylvania and Carolina are governed by their respective Proprietors who have there their Deputies Their Majesties Embassadors Envoys and Residents Abroad At Vienna Lord Paget At Constantinople Sir William Hussey In Holland Lord Dursley Spain William Stanhop Esq Flanders John Eckart Esq Sweden William Duncomb Esq Denmark Robert Molesworth Esq Brandenburg James Johnston Esq Lunenburg and Brunswick Sir William Dutton Colt Swisserland Thomas Cox Esq Hamburg Sir Paul Rycaut Geneva Philibert Herbert Esq Agent in Germany Hugh Hughes Gent. Consuls in Foreign Parts At Venice Hugh Broughton Esq Cadiz S. Maries Sevil S. Lucar in Spain Wartin Nescomb Robert Godschall Walter Doleman Eâ—â— Alicant Genoua Leghorn Naples in Italy Thomas Kirk Esq Robert Serle Esq Sir George Davis Kt. Argiers in Barbary Thomas Baker Esq Foreign Ministers at present residing in their Majesties Court. Spain Don Pedro de Ronquillo Ambassador in Ordinary Portugal Don Simon de Soza de Magellanes Envoy Extraordinary Sweden Baron Leyonbergh Envoy Denmark Monsieur Alfeldt Envoy Holland The Heer Van Zitters Ambassador in Ordinary Brandenburg Monsieur Dankelman Envoy Lunenburg Baron de Schutz Envoy Extraordinary Savoy The President de la Tour Envoy Extraordinary Vienna Monsieur Hofman Resident A Scheme of the Sovereign and Knights Companions of the most Noble Order of the Garter â—â—e King of Denmark The Sovereign The King of Sweden Prince George of Denmark * Elector of Brandenb Earl of Oxford Earl of Strafford Duke of Beaufort Earl of Bedford Duke of Southampton Earl of Mulgrave Duke of Newcastle Marquis of Caerm  Duke of Richmond Duke of Hamilton Duke of Somerset Duke of Northumb. Duke of Norfolk Earl of Peterborough Earl of Rochester Earl of Feversham Earl of Sunderland Duke of Ormond * Earl of Devonshire  A List of the Knights made by His Present Majesty King William Knights Baronets Hender Moulesworth Esq created Baronet July 19th 1689. Sir John Ramsden of Yorkshire Esq created Baronet Dec. 30. 1689. Sir William Robinson of Newby in Yorkshire Esq created Baronet Febr. 13th 1689. Knights Batchelours Anthony Keck Esq Counsellor at Law Knighted at Whitehall March 5th 1688. William Rawlinson Esq One of the Lords Commissioners of the Chancery Knighted at Whitehall March 5th
HONI SOIT QVI MAL Y PENSE XXX RR IE MAINTIENDRAI THE NEW STATE OF ENGLAND BRITANNIA I Sturt Sculp in ye Old Change THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary In THREE PARTS CONTAINING I. A Geographical Description of England in General and of every County in Particular with Usefull and Curious Remarks II. An Account of the Inhabitants their Original Genius Customs Laws Religion and Government of Their Present Majesties Their Court Power Revenues c. III. A Description of the several Courts of Judicature Viz. the High Court of Parliament Privy Council and all other Courts With a Catalogue of the present Officers in Church and State By G. M. LONDON Printed by H.C. for Ionathan Robinson at the Golden Lion in St. Paul's Church-yard 1691. To the Most Honourable THOMAS Marquess of CAERMARTHEN Earl of DANBY Viscount LATIMER Baron OSBORN OF KIVETON Lord President of His Majesties Most Honourable PRIVY-COUNCIL And Knight of the most Noble Order of the Garter This New State of England is humbly Dedicated by the Author TO THE READER 'T IS the late Revolution that has given birth to this new Piece of Work a New Face of Things required a New State of England And of all the Changes this Kingdom has gone through as this was the most sudden so it is the most wonderfull To see Popery in so few days crowing upon the Throne and groaning under its Ruins but t'other day upon the Pinnacle and now stunned with its sudden Fall is such a Change as may deserve the Admiration of this and future Ages In short such is our present Settlement upon Their Majesties happy Accession to the Crown that the Popish Party may assoon see a Protestant Pope of Rome as a Popish King of England Now to make this Work the more acceptable and usefull to the Publick I have divided it into three several Parts In the First you have a particular Description of ENGLAND in its several Counties of every County-Town with the Distance and the common Road to it from London the Metropolis and of all other Places of note in each County Here you have particularly a List of the Market-Towns in every Shire with the Days pointed when their Markets are kept also an account of most other Remarkable Things either of Nature or Art Besides the Honours or Noblemens Titles from Counties Cities Towns Mannors c. And the Number of Men each City or Borough sends to serve in Parliament I conclude this Part with a particular Description of London Oxford and Camidge London as the Capital City of England the Seat of its Monarchs and the Center of Trade Oxford and Cambridge as being the two famous Vniversities of the Land and the glorious Seats of the Muses The Second Part treats of the INHABITANTS of England their Complexion Temper Genius Language c. Of the English Way of Living Commerce Laws Religion and Government Of the King of England and the Royal Family particularly of the present King WILLIAM and Queen MARY with a brief Relation of their Accession to the Crown and the Vnreasonableness of the Disaffected Party under their Government Of Their Majesties Court Forces and Revenues Of the Queen Dowager the Prince and the Princess of Denmark Of the Nobility Gentry and Commonalty Of the Episcopal Dignify'd and Inferiour Clergy And lastly of Women Children and Servants All of them with their respective Priviledges The Third and last Part is about the COURTS of JUDICATURE Viz. The High Court of Parliament with a large Account of their Proceedings Orders Debates Passing of Bills and Acts c. Of the Privy-Council and there particularly of the Principal Secretaries of State Of the Chancery Kings-Bench Common Pleas Exchequer Dutchy of Lancaster and all other Courts To which is annexed a Catalogue of the chief Persons of the Realm both in Church and State Magistrates and Officers Civil and Military Who being subject to Change though the Offices continue the same I thought it improper to mix Certainties and Vncertainties together Therefore I chose rather to place the Officers together by themselves as I have done here than to have them dispersed where I speak of their Offices And from this Method you will reap this Conveniency that by Interleaving of the Catalogue only you may fill up Vacancies as they become void Thus you have as it were a Scheme of the whole Drift of this Book The Foundation whereof is that Ingenious Piece De Republica Anglorum written in Latin by Sir Thomas Smith Improved as you see and fitted to the present Times The Matter of it self is of a general Vse both for English and Foreiners and the Variety so great that it cannot but be Pleasant and Vsefull to the Reader THE TABLE For the First PART This Table contains the Names of the Towns and Cities Hills Islands Meers and Rivers and other Curiosities mentioned in the first Part of this Book And for such as desire only to know what County any of them lies in the Table it self will give them that Satisfaction without any further Trouble it being so contrived that it is in a manner a Geographical Dictionary for England A ABberforth in Yorks 259 Abbey-holm in Cumb 49 Abbey of Westminster 317 Abbots-bury in Dors 67 Abergavenny in Mon. 148 149 Advantages of England 7 Agmundesham in Buck. 30 Ailesbury in Buck. 30 31 Air of England 13 Alborough in Suffolk 204 208 Aldborough in Yorks 273 Aldermen of London 324 Alford in Lincolns 136 140 Alfreton in Derbysh 57 Alisford in Hampsh 95 Almondbury in Yorks 264 Alnewick in Northumb 168 170 Alney-Isle in Gloc. 87 Alston-Moor in Cumb. 49 Altrincham in Chesh 39 Ambleside in Westm 238 Amersbury in Wilts 246 247 Ampthill in Bedf. 27 28 Andover in Hamps 95 96 Antiquity of Oxf. and Cambr. 350 Appleby in Westm 238 Appledore in Kent 112 Are a Yorks River 256 Arrow a River of Heref. 103 Artillery Company in London 329 Arun a Sussex River 224 Arundel in Sussex 225 227 Ashbourn in Derbysh 57 Ashburton in Devonsh 61 Ashby in Leicest 131 Ashford in Kent 112 Aspley in Bedf. 28 Atherston in Warw. 234 235 Attlebury in Norf. 153 Auburn in Wiltsh 246 Aukland in the Bishoprick of Durham 76 77 Aulcester in Warw. 234 Avon the Name of several Rivers 85 92 c. Axebridge in Somers 192 194 Axholm an Isle in Lincolns 139 Axminster in Dev. 61 B BAkewell in Derbysh 57 Baldock in Hartf 100 Bampton in Oxf. 178 179 Banbury in Oxf. 178 179 Banquetting House at Whitehall 316 Barkin in Essex 81 BARKSHIRE 22 Barnesly in Yorks 259 Barnet in Hartf 100 102 Barnstaple in Dev. 61 63 Barnwel in Linc. 136 Barristers in Lond. 304 Barton in Linc. 136 139 Barwick in Northumb. 168 Basingstoke in Hamps 95 96 Bath in Somers 189 Battel in Sussex 225 228 Battersea in Surrey 221 Bautrey in Yorks 259 Beaconfield in Buck. 30 32 Beckles in Suffolk 204 209 Bedal in Yorks 273 Bedford 26
in which S. Augustine the Monk the first Apostle of that People had a Conference or Consultation with the British Bishops More memorable in the following Times for giving the Title of an Earl to the Illustrious Family surnamed De Clare the addition of an Honour and a goodly Patrimony to John of Gaunt Duke of Lancaster and at this time the Title of Marquess to the Duke of Somerset This Town is seated on the Lea much decay'd by the turning the High-way through Ware and having now but 3 Parish Churches Here however is kept the County Goal and 't is a well frequented Market on Saturdays The other Market-Towns are S. Albans Sat. Rickmansworth Sat. Barnet Mund. Berkhamsted Mund. Buntingford Mund. Watford Tue. Ware Tue. Hitching Tue. Hempsted Thu. Hatfield Thu. Hodsdon Thu. Baldock Thu. Bp. Stretford Thu. Stevenedge Frid. Tringe Frid. â—toudon Frid. Amongst which S. Alhans seated on the River Coln was so called from a famous Monastery here founded by Offa the great King of the Mercians in honour of St. Albans the Protomartyr of Britain a Citizen of Verulamium near adjoyning to it Out of the Ruins whereof decay'd by Age and destroy'd by War arose the present S. Albans the fairest and best traded Town in this County A Town which formerly injoy'd great Priviledges For Divine Worship it has now 3 Parish Churches and in one of 'em ly interred the Bodies of many Nobles slain in two Battels fought here between the Houses of York and Lancaster This Town has been dignifyed with the several Titles of Viscount Earl and Duke With the first Anno 1620 in the Person of Francis Bacon Viscount S. Albans Lord Verulam and Lord High Chancellour of England With the Title of Earl Anno 1628. in the person of Richard de Burgh and continued in his Son Ulick with whom it dyed till revived again Anno 1660. by King Charles II. in the person of Henry Jermin the last Earl of St. Albans Who dying without Issue King Charles advanced his Grace Charles Beauclare Earl of Burford to the Title of Duke by making him Duke of S. Albans Ware Hatfield and Hodsdon are all three seated on the Lea. The first a good Thorough-fare Town much improved since the High-Way was turned from Hartford hither Noted besides for the Channel cut from thence to London where it serves so many hundred Families with the Conveniency of that excellent Water called New River Water To which may be added another Observation the pleasantness and easiness of the Road from Ware up to London which being of a Sandy Soil proves seldom dirty but within a mile of London and is so filled with Towns and Gentlemens Houses from mile to mile that one would think the Suburbs of London on the North side fetch their beginning at Ware So strange is the Influence of this rich and populous City Hatfield is a Place of great Delight and Recreation but of chief note for that stately House called Hatfield House formerly one of the Kings of Englands Pallaces till it came in the possession of the Earls of Salisbury A House which for Situation Prospect Contrivance and Building for Air water and all other Accommodations is inferiour to none in England Not far from Hodsdon but nearer to Waltham Abby in Essex is Theoballs one of the Kings Royal Seats pleasantly situate among delightful Walks Gardens Groves and Springs First built by Sir William Cecil and afterwards beautifyed by his Son Robert both Lord Treasurers of England Barnet or high Barnet is pleasantly seated on a Hill and in the Road within ten miles of London Of some account for its Medicinal Waters but much more memorable for a bloody Battel fought here between the two Houses of York and Lancaster wherein the former prevailed Warford and Rickmansworth are both seated near the Coln And not far from the first Langley Abbey the Birth-place of that proud and high-spirited Pope Adrian IV. first known by Nicholas and surnamed Break-Spear Bishops-Stratford is a great Market Town seated near the River Stowr on the side of a Hill and much resorted unto On the East-side whereof are to be seen the Ruins of a Castle called the Castle of Waymour standing very steep in an Isle upon an artificial Mount with a dark and deep Dungeon in it which denotes some great Priviledges to have belonged unto it in former Times It was ruinated by King John Among the Market-Towns here I might have put in Royston part of which stands in this County but I refer you for it to Cambridgeshire In short this County which formerly was divided betwixt the Kings of Mercia and the East-Saxons and whose Inhabitants were part of the Catieuchlani as the Romans called them stands now divided betwixt the Dioceses of London and Lincoln Out of it are elected besides the two Knights of the Shire but four Members to serve in Parliament 2 by Hartford and 2 by St. Albans CHAP. X. Of Herefordshire Huntingtonshire and Kent Herefordshire HEREFORDSHIRE or the County of Hereford is an Inland County Which has for its Eounds Eastward Glocestershire and Worcestershire Westward Radnockshire and Brecknockshire in Wales Northward Shropshire and Southward Monmouthshire It s Length from North to South is about 35 miles its Breadth from East to West 30. The Whole divided into 11 Hundreds wherein 176 Parishes and but 8 Market-Towns This County was formerly part of Wales before it was by Conquest annexed to this Crown And then it was strengthened with no less than 28 Castles whereof there 's scarce any thing now remaining but their Ruins Here the Air is temperate and healthful and the Soil exceeding rich T is well cloathed with Wood and refreshed with Rivers the principal of which are the Wye Lug Arrow and Frome Two Things this County excels in its plenty of Fruit and the finest Wool in any part of England And amongst all sorts of Fruits the Red-streak Apple which makes the best sort of Cider is that which thrives here to admiration Hereford the chief Place hereof bears West-North-West from London and is distant from it 101 miles thus From London to Glocester 81 miles as you may see in Glocestershire then from Glocester to Ross 10 miles and to Hereford 10 more 'T is seated on the Banks of the River Wye and another that runs into it amongst richâ— Meadows and plentiful Corn-fields Raised out of the Ruins of Ariconium a Place of good account in the time of the Romans It had once a strong and stately Castle built by the Normans which Time has now ruinated And now it is walled about having six Gates for entrance and 15 Watch-Towers for defence 'T was a Bishops See in the time of the Britains and restored to that Dignity by the Saxons Anno 680. Noted besides for giving first the Title of Earl then that of Duke and lastly that of Viscount now in the Person of the Right Honourable Edward D'Evreux Viscount Hereford c. Descended to him from his Ancestor Sir Walter
River Weland so that it stands upon three Counties the chief Part in Lincolnâ—hire another part in Rutland and that Part on this side the River in Northamptonshire Over which River some time since made narigable it has several Bridges A Town of good Antiquity from whence the Roman High-way or high Dike leadeth to the North. â—ut that which gives it most Renown is â—hat upon a Quarrel between the North â—â—d South-Men in the University of Oxford â—he Scholars removed hither in the Reign of Edward III and here held publick Schools of â—ll sorts of Learning Nor did they return â—gain till they were commanded so to do by â—he King's Proclamation with Order that the Scholars in taking their Degrees should make â—ath not to read publickly at Stamford to â—he prejudice of Oxford Nevertheless the Town still flourished in Trade and Merchanâ—ize and the Inhabitants of it to this day â—rive a good Trade of Malt especially whereâ—f great plenty is made here The Houses â—re built of free Stone which they have â—rom Ketton Quarry In short this Town â—onsists of several Streets begirt with a Wall â—nd containing six Parish Churches Digâ—ify'd besides with the Title of an Earldom â—ow in the person of the Right Honourable Thomas Grey of Groby Earl of Stamford â—c Within half a mile of this Town in â—orthamptonshire stands Burgley House 〈◊〉 stately Building the Mansion-House of the Earl of Exeter Grantham situate on the River Witham is a Town of good account and well resorted unto Whose Church-Steeple is so very high that it seems crooked to the Eye of the Beholder Not far from hence towards Leicestershire is Belvoir Castle the Earl of Rutland's Seat so highly elevated though in a Vale that it yields a most admirable Prospect About this Castle is found the Astroit or Star-like Stone pointed with five beams or rays formerly of such an esteem that he thought the Victory infallible on his side that wore one about him Sleaford stands near the head of a River so called which runs into the Witham A large and well inhabited Town formerly strengthened with a Castle whose ruinous Walls are yet standing Market-Deeping is seated not far from Stamford on the Weland but in a fenny Ground Where Richard de Rulos Chamberlain to William the Conqueror for the hindering it Overflowing raised its Banks and built there on divers Tenements so that it became a great Village and is now an indifferent Town Bourn seated at the head of a Spring calleâ— Burnwell-head is a goodly Town of some not for being the Place where King Edmund waâ— crowned Here are still to be seen the Ruiâ— of a good Castle And not far from hence is Swinsted-Abbey one of whose Monks nâ—med Simon poisoned King John Ganesborough or Gainsborough in Lindseâ— Part is seated on the River Trent A largâ— and well-built Town of a considerable Trade Where Sueno the Danish Tyrant was stabbeâ— to death by an unknown hand as a just Reâ—â—ard for his many Outrages committed in the â—ountry Noted besides for giving the Title â—f Earl to the Right Honourable Wriothesly Noel the present Earl of Gainsborough Barton is seated on the River Humber alâ—ost over against Hull in Yorkshire Here 〈◊〉 a considerable Ferry into Yorkshire which â—s no small Advantage to the Town About this Place are abundance of Pewets Godwits Knots and Dotterels the last a simple kind of Bird yet much given to Imitaâ—ing And 't is usually caught by Candleâ—ight in this manner The Fowler stands â—efore the Bird and if he put out an Arm â—he Bird stretches out a Wing if he put a â—eg or his Head forward the Bird does the â—ike Thus he imitates the Fowler 's Gesture â—o long till he drawing nearer and nearer by degrees at length casts his Net over him and takes him Grimsby is situate within half a Mile of the Humber where it falls into the Sea in a flat and marshy Ground This Town has formerly injoyed a good Trade before its Haven was choackt up and then it had two Markets a Week For the security of its Port it had a Castle which is likewise decayed And instead of two Churches it had now it contents it self with one which for largeness gives place to few Cathedrals Burton or Burton Stather is seated on the River Trent near its fall into the Humber On the other side of the Trent is the Isle of Axholm made so by the Trent and Dun with two or three lesser Rivers This Isle is in breadth from North to South 10 miles but in length not half so much and in that Circuit are seated several Towns The lower Part of it is flat and moorish yielding a sweet Shrub called by the Country people Gall. But the middle Part which is a rising Ground is fertile and among other Things does yield great store of Flax. Here is also Alabaster to be found Thongcaster a well-compacted Town stands oâ— the side of a Hill Of note for its ancienâ— Castle so called said to be built by Hengist the Saxon after he had beaten the Picts and Scots in Vortiger's Quarrel Who granted him so much Ground as an Ox-hide cut into Thongs would compass within which he erected the Castle Saltfleet is a Sea-Town much frequented by the Gentry in the Summer Season for the eating of Fish otherwise inconsiderable Alford a goodly Town is seated at the head of a Rivulet few miles from the Sea-side Waynfleet South of Alford is another good Town not far from the Sea but seated in a fenny Ground on a Wash or Dike which falls into the Sea Here is an excellent Freâ— School founded by William of Waynfleet Bishop of Winton who also built Magdalen Colledge in Oxford Bullingbrook or Bolinbrook an ancient Town is seated on a low Ground at the Spring head of a River which falls into the Witham Of note for a Castle built here by William of Romara Earl of Lincoln But much more famous in succeeding Times for being the Birth-place of King Henry IV surnamed according to the fashion of those Times of Bullingbrook And almost ever since his Time it has been one of the Honours as we call it of the Kings of England but never made an honourary Title to any Family till King â—ames conferred it on Sir Oliver St. Johns Who â—possibly might affect to be thence denominated as fetching his Descent from the Lady Margaâ—et Beauchamp Grandmother to King Henry VII the Heir of the Lancastrian Family From him the Title fell to Oliver St. Johns his Grandchild by Pawlet his second Son Oliver Lord St. John the eldest Son being slain at Eâ—ge-hill â—ight And from him to his Son the Right Honourable Paulet St. John the present Earl of â—ullingbrook Not far from Bullingbrook is Eresby which gives the Title of Baron to the Earl of â—indsey Horn-castle and Tatershall are both seated on the River Bane this last near its Influx into the Witham But Horn-castle is the most considerable Boston in Holland
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
absence to do whatever almost the Chancellour might do if he were present He keeps Judicial Courts wholly ruled by the Civil Law which all Members of the University are subject to And by Charter of Henry IV it is left to his Choice whether any Member in the University there inhabiting accused for Felony or High Treason shall be tried by the Laws of the Land or by the Laws and Customs of the University Though now where Life or Limb is concerned the Criminal is left to be tried by the Laws of the Land But in all Suits for Debts Accounts Contracts Injuries c. betwixt the Students he is the proper Judge and has Power to determine such Causes to Imprison to give corporal Punishment to excommunicate to suspend and to banish 'T is the Vice-Chancellor's Business to see that Sermons Lectures Disputations and other Exercises be performed that lewd people Hereticks c. be expelled the University and the Converse with Students that the Proctors and other Officers of the University duly perform their Duty that Courts be duly called and Law-Suits determined without delay In a word that whatever is for the Honour and Benefit of the University or may conduce to the Advancement of good Literature may be carefully obtained Next to the Vice-Chancellor are the two Proctors yearly chosen by turns out of the several Colledges These are to assist in the Government of the University more particularly in the business of Scholastick Exercises and taking Degrees in searching after and punishing all Violaters of Statutes or Priviledges of the University all Night-Walkers c. They have also the Oversight of Weights and Measures that Students may not be wronged Next in order is the Publick Orator Whose Charge is to write Letters according to the Orders of the Convocation or Congregation and at the Reception of any Prince or great Person that comes to see the University to make proper Harangues c. Then there is the Custos Archivorum or Keeper of Records Whose Duty is to collect and keep the Charters Priviledges and Records that concern the University to be always ready to produce them before the chief Officers and to plead the Rights and Priviledges of the University Lastly there is a Register of the Univerfity whose Office is to register all Transactions in Convocations Congregations Delegacies c. Besides the foresaid Officers there are certain publick Servants the chief whereof are the six Beadles and the Verger Three of the first are called Squire Beadles who carry large Maces of Silver gilt and the other three Yeomen Beadles whose Maces are of Silver but ungilt Their Office is always to wait on the Vice-Chancellor in publick doing what belongs to his Place and at his Command to seize any Delinquent and carry him to Prison to summon and publish the Calling of Courts or Convocations to conduct Preachers to Church and Lecturers to School c. But upon Solemnities the Verger appears with a Silver Rod in his hand and walking with the other six before the Vice-Chancellor is to observe his Commands and to wait on Grand Compounders c. I have already mentioned several great Priviledges granted by former Kings to this University That of sending two Burgesses to Parliament they hold from King James I. Another that no Victuals be taken by the King's Purveyors within 5 miles of Oxford unless the King himself comes thither is of a much more ancient Date But one of the most considerable is That granted by Charter of King Edward III whereby the Mayor of Oxford is to obey the Orders of the Vice-Chancellor and be in subjection to him Accordingly the Mayor with the chief Burgesses in Oxford and the High-Sheriff of Oxfordshire besides every Year in a solemn manner take an Oath given by the Vice-Chancellor to observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every Year on the tenth of February being the Day of S. Scholastica a certain Number of the principal Burgesses publickly and solemnly do pay to each Colledge a Peny in token of their Submission to the Orders and Rights of the University Thus you have a short Description of Oxford as a City and an University My next Business is the Description of Cambridge Cambridge CAMBRIDGE the chief Town of Cambridgeshire and that from whence the Country is denominated bears from London North by East and is distant therefrom 44 miles thus From London to Waltham 12 to Ware 8 more thence to Puckeridge 5 to Barkway 7 and to Cambridge 12 more 'T is seated at the Confluence of two Rivers the Cam and the Grant which running from thence Northward in one Channel empty themselves in the Ouse 3 miles above Ely By these Rivers it is separated into two but unequal Parts but they have Communication by a Bridge It is a Place of a large Extent numbering 14 Parishes And according to Doctor Fuller's Observation in his Worthies of England 't is a Town within an University whereas Oxford is an University within a Town For in Cambridge the Colledges are not so surrounded with Streets as in Oxford but for the generality seated in the Skirts of the Town which afford them the better and more delightfull Walks and Gardens about them There are in Oxford as I said before 18 Indowed Colledges and 7 Halls In Cambridge there is but 12 Colledges and 4 Halls 'T is true they are all Indowed and generally so large that the Number of Students is commonly little different from that of Oxford The Names of them and of their Founders together with the Time of their Foundation you have in the following Table Colled Halls Founded by Anno. S. Peter's Colledge Hugh de Balsham Bishop of Ely 1284 Clare-Hall Rich. Badow Chanc. of the University 1326 Pembroke-Hall Mary S. Paul 1343 Gonvile Cajus Edmund de Gonvile and Cajus 1348 Trinity-Had Wil. Bateman Bishop of Norwich 1350 Corpus Christi H. of Monmouth D. of Lancaster 1351 King's Colledge King Henry VI. 1441 Queen's Colledge Margaret Wife to King Henry VI. 1448 Catharine Hall Robert Wood Lord Chancellor of the University 1475 Jesus Colledge John Alcock Chanc. of England 1496 Christs Colled S. John's Coll. Margaret Countess of Richmond 1505 Christs Colled S. John's Coll. Margaret Countess of Richmond 1508 Magdalen Coll. Tho. Audley Chanc. of England 1519 Trinity Colledge King Henry VIII 1546 Emanuel Colledge Sir Walter Mildmay Chancellor of the Exchequer 1582 Sidney and Sussex Francis Sidney Chancellor of Sussex 1598 The Degrees at Cambridge are usually taken as at Oxford except in Law and Physick For at Cambridge six Years after one has taken the Degree of Master of Art one may take the Degree of Batchelor and after five Years more that of Doctor The Batchelors of Arts compleat their Degree in Lent beginning at Ash-Wednesday And the first Tuesday of July is always Dies Comitiorum there called the Commencement wherein the Masters of Arts and the Doctors of all Faculties compleat
Pugnae est ubi Victus gaudet uterque Et tamen alteruter se superasse dolet For Men of other Studies Lindwood the Canonist Cosins and Cowel eminent in the Civil Laws Bracton Briton Dier and Coke as eminent for their Knowledge in the Laws of England Johannes de Sacro Bosco the Author of the Book of the Sphere Roger Bacon a noted Mathematician in the darker Times The Lord Bacon Viscount of S. Albans Sir Thomas More Lord Chancellour one of the Restorers of Learning to the Isle of Great Britain Sir Henry Savile of Eaton the Reviver of Chrysostom Sir Henry Spelman a learned Antiquary and a religious Assertor of the Churches Rights Cambden the Pausanias of the British Islands Matthew Paris Roger Hoveden Henry of Huntington William of Malmesbury Matthew of Westminster and Thomas of Walsingham all known Historians For Poetry Gower and Lydgate a Monk of Bury The famous Geosry Chaucer Brother in Law to John of Gaunt the great Duke of Lancaster Sir Philip Sidney and the Renowned Spencer Sam. Daniel and Michael Drayton That the Lucan and This the Ovid of the English Nation Beaumont and Fletcher not inferiour unto Terence and Plantus And lastly Ben. Johnson equal to any of the Ancients for the exactness of his Pen and the Decorum he kept in the Dramatick Poems never before observed on the English Theater CHAP. II. Of the English Names and of their Way of Computing CHristian Names says Cambden were first imposed for the Distinction of Persons Surnames for the Distinction of Families The first amongst the English are either Saxon as Edward Gilbert Henry Richard Walter William c. Or taken out of the Holy Writ as Abraham Jacob James Jsaac c. 'T is rare for the English to have two Christen Names together as they have in Germany But it is not unusual with them to christen Children by their Godfathers Surnames which is unpractised beyond Sea The Ancients took particular care to give their Children significative and good Names according to the Proverb Bonum Nomen Bonum Omen And the Pythagoreans affirmed the Minds Actions and Successes of Men to be according to their Fate Genius and Name In short such was Mens Superstition of old in this particular that they used a kind of Divination by Names called Onomantia which was condemned by the last General Council The Story of Augustus the Emperour is remarkable upon this Subject The Day before his Sea-fight at Actium the first Man he met was a poor Man driving his Ass before him Augustus demanded his Name and he answered Eutyches that is Happy-man then he asked his Asse's Name which proved to be Nicon that is Victor Augustus took it for a good Omen and having accordingly obtained the Victory there he built Nicopolis or the City of Victory and erected brazen Images of the Man and his Ass Alfonso IV. King of Castille had two Daughters by one of the Daughters of Henry II. King of England The Eldest Vrraca by Name was far surpassing her Sister Blanche in beauty Lewis VIII of France sent to Alfonso to demand one of the Daughters They were both presented to the Ambassadors Choice who inquiring of their Names preferred the Lady Blanche and made choice of her contrary to all expectation The Name of Vrraca though the more beautiful Lady proved unpleasing and that of the Lady Blanche signifying Fair and Beautiful carried it as a Name that would be more acceptable in France For my part though I am not so much a Pythagorean as to think a Mans Name should interpret his Fate yet I think it not amiss to name Children with Names of a happy signification as it was usual among the Primitive Christians were it but to stir them up to live according to their Names and not give themselves the lie As for the English Surnames they are generally Saxon some few Danish as Whitfeld and Wren The Whitfelds a very ancient Family came over with King Canute into England and their chief Brâ—nch is continued to this day in Northumberland with a good Estate In Q. Elizabeths Time there was a Whitfeld sent hither Embassadour from the King of Denmark But the Surnames now of best account in England are Local and so were many Names among the Romans Those you will find deduced from Places in Normandy or Countries adjacent being either the Patrimonial Possessions or native Places of such as served the Conqueror or came in after out of Normandy As Mortimer Albigny Percy Gournay Devereux Nevil Ferrers Montfort Courtney Cressy c. Or from Places in England and Scotland as Barkley Clifford Lumley Ratcliff Willoughby Douglas Some of which Local Names were formerly used with de prefixt but of late generally neglected or joyned to the Name as Darcy Devereux Others had at prefixed as At More At Wood At Down which has been removed from some and has been conjoyned to others as in these Atmore Atwood Atwells c. Many have also had their Names from Rivers as Trent Eden Swale Stoure From Trees near their Habitations as Oak Box Elder Beech. Some from their Situation in respect to adjoyning Places as North South East West according to the Greek Names Anatolius Zephyrius c. Others from several Parts of a House as Hall Parlour Cellar Lodge c. From Towns where they were born or from whence they came without being Lords or Possessors of them as Compton Egerton Or from several Denominations of Land and Water as Hill Wood Warren Field Ford Pool and Wells Among Foreiners several retained the Names of their Countries as Scot Picard Fleming French Lombard Poitevin German And these had commonly Le prefixt in Records and other Writings as Le Fleming Le Picard Next to these Local Names I shall take notice of those that have been assumed by some Families from Civil Honours and Dignities as King Duke Prince Lord Baron Knight and Squire probably because their Ancestors haâ—acted such Parts or were Kings of the Bean Christmas Lords c. Agreeable to which are the old Greek and Roman Names Archelaus Augustulus Regulus Basilius Caesarius Flaminius though they were neither Kings Caesars Dukes or Priests Others have been assumed from Offices as Chamberlain Steward Page Cook Spencer Gardener Butler Porter Foster Parker Faulconer Fowler Forester Woodward Clark Sergeant c. From Ecclesiastical Functions as Bishop Abbot Priest Monk Dean Deacon But most of all from Trades as Taylor Smith Potter Fisher Baker Chapman Spelman c. Some from Parts of the Body as Head Arm Leg Foot Others from Qualities of the Body good or bad as Greathead Whitehead Strong Armstrong Long Low Short Fair and Bell in the same sense Fairfax and Whitelock in the same sense Thin Heile or healthful c. No more to be disliked than these Roman Names Romulus and Nero which signify Strong Capito Pedâ— Labeo Naso Longus Longinus Minutius Crispus Calvus Gracchus Salustius Cocles and the like Not a few got their Names from the Colour of their Complexions
Defenders of the Faith Which last Title was given by Pope Leo X to King Henry VIII for a Book written by him against Luther in Defence of some Points of the Romish Religion and afterwards confirmed by Act of Parliament for Defence of the ancient Catholick and Apostolick Faith as it is now professed by the Church of England Whereas the King of France is called Most Christian and the King of Spain Most Catholick The Title of Majesty came not into use in England till the Reign of Henry VIII Instead whereof the Title of Grace now appropriated to the Dukes and the two Archbishops was given to former Kings and that of Highness to the foresaid King Henry till the Word Majesty prevailed When we speak to the King the Word Sir is often used besides Your Majesty according to the French Sire which is likewise applied â—o that King For the King's Arms or Ensigns Armorial He â—ears in the first place for the Regal Arms of â—rance Azure 3 Flower de luces Or quarterâ—d with the Arms of England which are Gules 〈◊〉 Lions passant Gardant in pale Or. In the seâ—ond place for the Royal Arms of Scotland a â—ion rampant Gules within a double Tressure â—unter flowred de luce Or. In the third place or Ireland Azure an Irish Harp Or stringed â—rgent In the fourth place as in the first To which has been added since the present King's â—ccession to the Crown another Lion in the â—iddle thus blazoned Azure a Lion rampant â—r between an Earl of Billets Or. And all this within the Garter the chief Enâ—gn of that Order above which is an Helmet â—swerable to his Majesties Sovereign Jurisâ—iction and upon this a Mantle The Mantle 〈◊〉 Cloth of Gold doubled Ermin adorned with 〈◊〉 Imperial Crown and surmounted for a Crest 〈◊〉 a Lyon Passant Gardant Crowned with the â—â—ke The Supporters a Lyon Rampant Gardant 〈◊〉 Crowned as the former and an Vnicorn Arâ—â—t Gorged with a Crown thereto a Chain afâ—ed passing between his Fore-legs and reâ—xed over his Back Or. Both standing upon Compartment placed underneath and in the â—ce of the Compartment this Royal Motto â—en mon Droit that is God and my Right â—hich Motto was taken up by Edward the â—ird when he first claimed the Kingdom of â—ance Who also gave the Motto upon the â—â—ter Honi soit qui mal y pense that is Shame to him that evil thereof thinketh The Arms of France are placed first as being the greater Kingdom and perhaps thereby to induce the French the more easily to owâ— the English Title The Ensigns of Royalty such as Crowns Scepters Purple-Robe Golden-Globe and Holy Vnction the King of England has them all And so he has all the Marks of Sovereignty As the Power of making Treaties and League with forein States of making Peace or Waâ— of sending and receiving Ambassadours Creating of Magistrates Convening the Parliament of Adjourning Proroguing and Dissolving the same when he thinks fit of conferring Title of Honour of pardoning some Criminals oâ— Coyning c. All which Marks of Sovereignty are by Law lodged in the Crown Accordingly the King of England without the Concurrence of his Parliament levies Meâ— and Arms for Sea and Land-Service and may if need require press Men for that purpose He has alone the Choice and Nomination of aâ—â— Commanders and Officers the principal Direction and Command of his Armies and thâ— Disposal of all Magazines Ammunition Castles Forts Ports Havens Ships of War The Militia is likewise wholly at his Command And though he cannot of himself raise Mony upon his Subjects without his Parliament yet he haâ— the sole Disposal of publick Moneys In the Parliament He has a Negative Voice that is he may without giving any Reason for it refuse to give his Royal Assent to anâ— Bill though passed by both Houses of Parliâ—ment and without his Assent such a Bill 〈◊〉 but like a Body without Soul He may at 〈◊〉 pleasure increase the Number of the House 〈◊〉 Peers by creating more Barons or summoning thither whom he thinks fit by Writ and of the House of Commons by bestowing Priviledges on any other Town to send Burgesses to Parliament He has the Choice and Nomination of all Counsellours and Officers of State of all the Judges Bishops and other high Dignities in the Church In short the King is the Fountain of Honour Justice and Mercy None but the King has the Sovereign Power in the Administration of Justice and no Subject has here as in France Haute Moyenne basse Jurisdiction that is High Mean or Low Jurisdiction So that the King only is Judge in his own Cause though he deliver his Judgement by the Mouth of his Judges By Him is appointed the Metal Weight Purity and Value of Coyn and by his Proclamation he may make any forein Coyn to be lawful Mony of England So tender is the Law for the Preservation of his Sacred Person that without any overt Act the very Imagining or intending the Death of the King is High Treason by Law And though by Law an Idiot or Lunatick Non Compos Mentis cannot commit Felony nor any sort of Treason yet if during his Idiocy or Lunacy he shall Kill or go about to Kill the King he shall be punished as a Traytor In point of Physick by an ancient Record it is declared That no Physick ought to be administred to the King without a Warrant signed by the Privy Council by no other Physician but what is mentioned in the Warrant and the Physicians to prepare it themselves with their own hands If there be occasion for a Surgeon he must be likewise authorized by a Warrant And such is the Honour and Respect the King of England receives from his Subjects that 〈◊〉 Prince in Christendom receives more Homage Not only all Persons stand bare in his presence but even in his absence where he has a Chaiâ— of State All People at their first Address kneel to him and he is at all times served upon the Knee 'T is true the King of England is not free to act contrary to or to dispense with the known established Laws Neither can he of himself repeal a Law or make any new Law without the Concurrence of both Houses of Parliament A happy Impotency both to King and People For whilst the King keeps within the Bounds of the Law he can do no Wrong and the People can receive no Harm Had the late King but acted accordingly he might have been a most glorious Monarch instead of being now a general Object of Pity Far from being necessitated to creep under the shelter of a Proud Monarch he might have been a Curb to his Pride and the Refuge of many Nations that suffered Fire and Sword to advance what he called his Glory Three Crowns at once are too great a Sacrifice not to God but to a Mercenary Crew of Priests and Jesuits Tantum Religio potuit suadere Malorum As to the Rank and Reputation
not to be made up by new Creations but be suffered to diminish as appears by their Patent And yet the very Founder King James I transgressed the first his Rule by creating 203. Charles his next Successor made 455. But King Charles II outdid them both by creating near upon 900 during his Reign At this time there are reckoned above 700 living Sir Nicholas Bacon of Suffolk was the first Baronet created whose Successor is therefore stiled Primus Baronettorum Angliae No Honour is ever to be created between Barons and Baronets As for the other two Degrees of Knighthood they are but Personal and not Hereditary so that the Honour dies with the Person Knighted and descends not to his Son Knights of the Bath are so called from their Bathing the Night before the Creation within the Lists of the Bath The first of this sort were made by Henry IV but now they are usually made at the Coronation of a King or Queen or Creation of a Prince of Wales They wear a Scarlet Ribbon Belt-wise and take place of Knights Batchelours but come after Baronets There are but a few Knights of this Order Knights Batchelours are the lowest sort of Knights and the most common Anciently this Degree was in greater esteem than it is at the present when it was only conferred upon Sword-men for their military Service who from the Gilt Spurs usually put upon them were called in Latine Equites Aurati Whereas now a days this Honour is also bestowed upon Gown-men viz. Lawyers and Physicians And all the Ceremony used in their Creation is their Kneeling down before the King and His Majesties lightly touching them on the shoulder with a naked Sword Anciently there was another Sort of Knights now disused I mean the Knights Bannerets who were Knighted in the Field This Order was accounted very honourable had the precedency of the Knights of the Bath and bore their Arms with Supporters which was not allowed to any under this Degree Next to Knights are the Esquires so called from the French Escuyer this from the Latine Scutiger which Name was given of old to him that attended a Knight in time of War and carried his Shield Whereas Esquire with us is a meer Title of Dignity next to and below a Knight and signifies a Gentleman or one that beareth Arms as a Testimony of his Nobility and Gentry They who by right claim this Title now are all the younger Sons of Noblemen and by the Common Law of England their very eldest Sons are Esquires and no more Next are the Esquires of the King's Body the eldest Sons of Noblemens younger Sons Knights eldest Sons and their elder Sons for ever Next Esquires created by the King by putting about their Necks a Collar of S's and bestowing on them a pair of Silver Spurs Those that are reputed or lookt upon as equal to Esquires tho none of them be really so are several Magistrates and Officers in the King's Court as Judges Sergeants at Law Sheriffs Mayors Justices of the Peace Counsellors at Law and the principal Commanders of an Army So Heads of Houses in the Universities Doctors of Law Physick and Musick usually take place next to Knights and before ordinary Gentlemen Lastly Gentlemen are properly such as are descended of a good Family bearing a Coat of Arms without any particular Title And these we call Gentlemen born But Use has so far stretched the signification of this Word both high and low that every Nobleman nay the King himself may be called a Gentleman And on the other side any one that without a Coat of Arms has either a liberal or genteel Education that looks Gentleman-like whether he be so or not and has wherewithall to live freely and handsomely is by the Courtesy of England usually called a Gentleman Others by their Offices are lookt upon as such particularly most of the King 's Menial Servants and the principal Officers in Noble-mens Families c. The Military Profession which has been always counted Noble seems to give the very meanest Professors of it a Title to this Quality But it is more particularly adapted to two distinct Bodies of the King's Guards the one called Gentlemen Pensioners who gard his Person within Doors and the other the Gentlemâ—n of the Guard by whom is meant his Body of Horse Guards who gard the Kings Person on horseback without Doors As in Germany all Noblemens so in England all Gentlemens Arms descend to all the Sons alike Only the eldest Son bears Arms without difference which the younger may not Besides above 700 Knights Baronets and the few Knights of the Bath there are reckoned to this day above 1400 ordinary Knights and 6000 Esquires and Gentlemen whose younger Brothers in all may make up at least 12000 all over England And the Land in the Possession of them all has been computed to amount at least to four Millions yearly The Law of England which is so Favourable to the Nobility has not a proportionable Regard for the Gentry For whether they be Knights Esquires or Gentlemen they are all reckoned by law even Noblemens Sons amongst the Commons of England So that the eldest Son of a Duke though by the Courtesy of England stiled an Earl shall be Arraigned if charged with a Crime by the Title of Esquire only and tried by a Jury of Common Free-holders In Parliament he can sit only in the House of Commons if elected unless he be called by the King 's Writ to the House of Lords Knights are distinguished in England by the Title of Sir prefixt to their Christen names And Gentlemen have no other Title but that of Master when spoken of and that of Sir when spoken to But if one writes to an Esquire the Direction ought to be thus as To Thomas Whitfield Esquire The Epithet of Honourable is usually given to any Knight Esquire or Gentleman distinguished by some eminent and personal Worth CHAP. XXI Of the Commonalty of England BY the Commonalty I mean Yeomen Merchants Artificers Tradesmen Mariners and all others getting their Livelyhood after a Mechanick Way Yeomen are such amongst the Commonalty who having Land of their own to a good value Keep it in their own hands husband it themselves and live with their Families upon it They are therefore by the Law called Freeholders because they hold Lands or Tenements Inheritable by a perpetual Right to them and their Heirs for ever Their Number is great in England and many of them have Estates fit for Gentlemen Forty or Fifty pounds a Year is veâ—â—â—ordinary 100 or 200 l. a Year in some Counties is not rare in Kent there are those who have 1000 l. and some more per Annum Which is not easy to be found amongst Men of this Rank any where else in Europe And whereas Husbandry is commonly lookt upon as the most innocent Life and the freest from the Corruption and Cheats that attend other Professions therefore the Law of England has a better
72 Earls 9 Viscounts 65 Barons and 26 Spiritual Lords whereof 2 Arch-bishops and 24 Bishops But the King may by virtue of his Prerogative increase the Number of the Peers to sit and vote in their House as Barons by sending his Writs for that pupose to whomsoever His Majesty thinks fit for that Service The Lord Chancellor or Lord Keeper when there is one is of course the Speaker of this House Otherwise they may appoint any of their own Members or else one of the Judges for that Place as in the Case of their late Speaker the Right Honourable the Marquis of Hallifax and that of Sir Robert Atkins Lord Chief Baron of the Exchequer the present Speaker of the House of Lords Besides the first Wool-sack which is the usual Seat for the Lord Chancellor or Lord Keeper there are other Wool-sacks Upon which the Judges the Kings Council at Law and the Masters of Chancery not being Barons sit not to give their Suffrage but only their Advice when required thereto The Use of which Wool-sacks is probably to put them in mind of the great Advantages the English Wool has brought to this Nation so that it may never be neglected On the lowermost Wool sack are placed the Clerk of the Crown and Clerk of the Parliament The first being concerned in all Writs of and Pardons in Parliament and the other in keeping the Records of all Things passed therein Under this there are two Clerks who kneeling behind the Wool-sack write upon it Without the Bar of the House sits the Black Rod so called from a black Stick he carries in his hand who is as it were the Messenger of this House For he is imploy'd amongst other Things to call for the House of Commons to the House of Lords upon His Majesties Command and to his Custody are Committed all such Peers as the House things fit to Commit upon any Trespass Under him is a Yeoman Vsher that waits at the Door within a Crier without and a Sergeant at Mace always attending the Speaker The House of Commons otherwise called the Lower house is by much the greater Body of the two For as England consists of 40 Counties in which there are 25 Cities 8 Cinque-Ports 2 Universities and 168 Borough-Towns all which are Priviledged to send Members to Parâ—ament if we reckon two Members from each the Whole amounts to 486 Members To which adding 24 from Wales the Whole is 510. 'T is true there are three Boroughs in England each of which sends but one Member viz. Abington in Oxfordshire Higham-Ferrers in Northamptonshire and Bewdley in Worcestershire But these three wanting of the Number are made up by the City of London which sends four Members and by the City of Bath which sends three Of all this great Number many are usually absent upon Business or Sickness c. So that if they be three hundred met together 't is counted a pretty full House And if they be but forty Members in all they make a house This House representing the whole Commons of the Realm do's generally consist of the Flower of the Gentry some of them Noblemens Sons Privy Counsellors Courtiers Men learned in the Law Officers and Commanders Merchants c. but most of them Gentlemen of good Estates with the advantage of a liberal and genteel Education This is an aggregate Body from all Parts of the Nation whose Learning and Eloquence Wit and Policy strive to outdo each other A â—oble School for young Gentlemen chiefly to be versed in Things relating to the English Government Here they Sit promiscuously except the â—peaker who has a Chair placed about the middle of the Room with a Table before him the Clerk of the House sitting near him at the Table But none wears a Robe but the Speaker except as I hinted before the Members of Parliament for the City of London who at their first Meeting appear in their Scarlet Robes Every Member wears what he fancies most and so do the Temporal Lords in their House on all Days when the King comes not thither in State To Strangers I confess it looks something odd that so august an Assembly vested with a Legislative Power and met together for the Exercise of the same should have no proper Garb for so great a Council but appear in their usual Dress But Custom has so far prevailed against the Inconveniencies that attend those Formalities which the English Nebility and Gentry are generally averse from that they are not like to be ever ballanced by the Respect and Veneration that might be gained as in forein Countries by the small trouble of them The usual Time for the Meeting of each House is in the Forenoon from eight or nine a clock till twelve or one except Sundays high Festivals and Fast-Days These Things being premised my next Business is to speak about the Choice of the Speaker of the House of Commons Who is the Mouth of the House and so necessary a Part thereof that they can do no Business without him For 't is the Speakers Part to see the Orders of the House observed to state the Bills that are brought in to collect the Substance of the Debates and the Sense of the House upon them The fitst Day each Member is called by his Name every one answering for what Place he serveth That done a Motion is made to chuse their Speaker who ought to be a Person of great Ability and is usually one of the long Robe And to avoid all Delays the Choice is commonly such as the King approves of This Choice is made by the Plurality of Votes Upon which the Party chosen desires according to ancient Custom to be excused from so weighty an Office and prays the House to proceed to a new Election But he is commonly answered with a full Consent of Voices upon his Name And then two of the principal Members go to him and lead him from his Place to the Speakers Chair where being set they return to their Places Then the Speaker rises and makes a short Speech to the House consisting of his humble Thanks for their good Opinion of him with Promises of his best Indeavours for their Service At the Day appointed for his Presentation to the King which is usually the next Day His Majesty being come to the House of Lords in his Royal Robes and the Lords also in their Robes the Commons are called in Who being come the Speaker is brought between two of them with low Obeysance to the Bar and so presented at the Bar to His Majesty where he makes likewise a modest Refusal But the King approving the Commons Choice and not allowing of his Excuse the Speaker nakes an Oration to His Majesty the Matter whereof is left to his own Thoughts having â—o Direction about it from the Commons But it usually ends with these three Petitions First that the Commons may have during their Sitting a free Acess to His Majesty Secondly Freedom of Speech in their
constant Attendance upon the King As for Home Concerns whether publick oâ— private both the Secretaries do equally receive and dispatch whatever is brought to them But for forein Affairs each has his distinct Province receiving all Letters and Addresse from and making all Dispatches to the severaâ— Princes and States in his Province They keep each of them his Office called the Secretaries Office at Whitehall Where they have also Lodgings for their own Accommodation and those that attend upon it whâ— a liberal Diet at the Kings Charge or Board wages in lieu of it Their settled Allowancâ— is little less than 2000 l. a Year to each 〈◊〉 them besides Perquisites The Secretaries and Clerks they imploy uâ—der them are wholly at their own choice anâ— have no Dependance upon any other Lastly they have the Custody of the Signet one of the Kings Seals To which belongs the Signet-Office where four Clerks wait Monthly by turns preparing such Things as are to pass the Signet in order to the Privy Seal or Great Seal He that is in waiting is always to attend the Court wheresoever it removes and to prepare such Bills or Letters for the King to sign not being Matter of Law as by Warrant from the King or Secretaries of State or Lords of the Council he is directed to prepare And to this Office all Grants prepared by themselves or the Kings Learned Council at Law for the Kings hand are returned when signed and there transcribed again The Transcription is carried to one of the Principal Secretaties of State to be sealed with the Signet This done it is directed to the Lord Privy Seal and is his Warrant for issuing out a Privy Seal upon it But then it must be first transcribed by the Clerks of the Seal who are also four in Number and when it has the Privy Seal affixt 't is sufficient for the Payment of any Monies out of the Exchequer and for several other Uses If the Grant requires the passing the Great Seal as several Grants do the Privy Seal is a Warrant to the Lord Chancellour or the Lords Commissioners to pass it as the Signet was to the Lord Privy Seal But here also a new Transcription must be made of the Grant The Reason why a Grant must go through so many Hands and Seals before it can be perfected is that it may be duly considered and all Objections cleared before it take its effect The Paper-Office at Whitehall is also depending on the Secretaries of State Where all the Papers and Dispatches that pass through their Offices as Matters of State and Council Letters Intelligences and Negotiations of forein Ministers here or of the Kings Ministers abroad are from time to time transmitted and there remain disposed by way of Library The Keeper whereof has a yearly Salary of 160 l. payable out of the Exchequer To conclude the Lords of the Privy Council have always been of such high value and esteem that if a Man did but strike another in a Privy Counsellors House or elsewhere in his presence he was fined for the same To conspire the Death of any of them was Felony in any of the Kings Servants and to kill one of them was High Treason A Privy Counsellour though but a Gentleman has precedence of all Knights Baronets and younger Sons of all Barons and Viscounts And a Secretary of State has this special Honour that if he be a Baron he takes place as such of all other Barons So honourable an Imployment it is that in the late Reign the Earl of Sunderland was both principal Secretary of State and Lord President of the Privy Council CHAP. III. Of the High Court of Chancery otherwise called the Court of Equity I come now to the Courts of Judicature held at Westminster viz. the Courts of Chancery Kings Bench Common Plâ—as Exchequer and Dutchy of Lancaster whereof the three first are held at Westminster Hall the Common-Pleas near the Gate the Chancery and Kings Bench at the further end of the Hall All the fore-mentioned Courts are opened four times a Year called the four Terms Viz. Easter Trinity Michaelmas and Hilary Term. Easter-Term begins always the 17th Day after Easter and lasteth 27 Days Trinity or Midsummer Term begins the fifth Day after Trinity Sunday and lasteth 20 Days Michaelmas-Term begins the 23th of October and lasteth 37 Days And Hilary-Term so called from S. Hilary a Bishop beginneth the 23 of January and lasteth 21 Days Next to the Parliament of England and the Kings Privy Council by whose Influences the Nation is chiefly governed under the King the High Court of Chancery is the chief and the most ancient Court of Judicature Otherwise called the Court of Equity in opposition to other inferiour Courts the Judges whereof are tied to the Letter of the Law Whereas this is a Court of Mercy in which the Rigour of the Law is tempered with Equity And therefore the Kings of England would have this Court Superiour to the other Tribunals as well as for being the Original of all other Courts and the Fountain of all our Proceedings in Law For as Sir Edward Coke says this Court is Officina Justitiae out of which all Original Writs and all Commissions which pass under the Great Seal go forth which Great Seal is Clavis Regni the Key of the Kingdom and for those ends this Court is always open In the Chancery are two Courts one Ordinary and the other Extraordinary In the first the Proceedings are in Latine Secundum Legem Consuetudinem Angliae according to the Laws and Statutes of the Realm In the second by English Bill Secundum aequum bonum according to Equity The Manner of Proceeding is much like that in the Courts of the Civil Law the Actions by Bill or Plaint the Witnesses examined in private and the Decrees in English or Latin not in French No Jury of twelve Men but all Sentences given by the Judge of the Court. The Judge is the Lord Chancellour or Lord Keeper of the Great Seal the highest Dignity that a Lay-man is capable of in England and held of the King durante Beneplacito But now this Office is executed by three Lords Commissioners Next to whom there are twelve Assistants called Masters of the Chancery who are Civilians Their Salary is each 100 Pound paid out of the Exchequer quarterly besides Robe-mony Three of these at a time sit in the Chancery Court in Term-time and two out of Term when the Chancellour sits to hear Causes at his own House Who often refers to them the further hearing of Causes c. These Masters have a publick Office where one or more of them do constantly attend to take Affidavits c. The chief of them is the Master of the Rolls whose Place is both very honourable and beneficial The same is in the King's Gift either Life or during his Majesties Pleasure And he is called Master of the Rolls as having the Custody of all Charters Patents
thereof Justices of Assize from their Commission of Assize by vertue whereof they are to do Right upon Writs called Assizes and brought before them by such as are or pretend to be wrongfully thrust out of their Lands The Writs so called 1. Because they settle the Possession and so an outward Right in him that obtaineth by them 2. Because they were originally executed at a certain Time and Place formerly appointed 3. For that they are tried commonly by special Courts appointed for that purpose But besides this Commission there are four others by which these Itinerant Judges administer Justice in the Country As the Commission to take Nisi-prius directed to none but the Judges themselves and their Clerks of Assizes by which they are called Justices of Nisi prius Which is a common Adjournment of a Cause in the Common Pleas to put it off to such a Day Nisi prius Justiciarii venerint ad eas Partes ad capiendas Assisas from which Words Nisi prius the Writ came to be called a Writ of Nisi prius the Justices Justices of Nisi prius as well as Justices of Assize Yet there is this Difference that as Justices of Assize they have Power to give Judgement in a Cause whereas Justices of Nisi prius take only the Verdict Besides that those in a strict sense meddle only with the possessory Writs called Assize but these do deal in Causes both real and personal Another is a Commission of Peace in every County of the Circuit But the largest Commission of all is That of Oyer and Terminer directed to the Judges and many others of the best account in their Circuits but in this Commission the Judges of Assize are of the Quorum so as without them there can be no Proceedings This Commission gives them Power to judge of Treasons Murders and all manner of Felonies and Misdemeanors Lastly they have a Commission of Goal Delivery directed only to themselves and the Clerk of the Assize associate By which Commission they are to deal with every Prisoner in Goal for what Offence soever he be there Now these Courts are usually held at the principal Town of every County with great pomp splendour and feasting two Judges being appointed for every Circuit Then the Sheriff of the County is bound to attend in person with his Under-Officers the Clerks Stewards of Courts Bayliffs of Hundreds Constables Jaylors Sergeants or Beadles and a gallant Train of Servants in rich Liveries all riding on Horseback at the Reception of the Judges whom they wait on and guard so long as they continue in the County If the Sheriff cannot come himself he must depute one to fill up his Place who is to be allowed by the Judges The Justices of Peace are also to wait on the Judges And if either the Sheriff or they fail in this part of their Duty without lawful Impediment the Judges may set a Fine upon him or them at their pleasure and discretions The Dispatch of these Itinerant Judges in the Administration of Justice in their several Circuits is worthy our Observation For within each County all Controversies grown to Issue in the Courts at London are commonly determined here in two or three Days Which is done not as in forein Countries by the sole Arbitrement of the Judges but by a Jury of Twelve Men in each County chosen by the Sheriff thereof and only directed in point of Law by the Judges For every Trial by Assize be the Action civil or criminal publick or private personal or real is referred for the Fact to a Jury as it is in most Courts of the Common Law and as they find it so passeth the Judgement The Way of Trying Criminals in England being something singular and different from other Nations it will not be improper after that excellent and most ingenious Author Sir Thomas Smith to shew the Manner of it were it but for the satisfaction of Foreiners How Criminals are taken into Custody in order to their Trial and how the same are Indited at the Quarter-Sessions I have already shewed The Inditement is no definitive Sentence but only Praejudicium or the Opinion the Country has of the Malefactors Case Therefore Men are often Indited in their absence But no Man once Indicted can be delivered without an Arraignment for as a Jury of Twelve Men have given a Prejudice against him so Twelve again must acquit or condemn him At the Assizes the Judges sit either in the Town-house or in an open Place where a Tribunal is set up for Judgement The Judges sit in the middle the principal Justices of Peace on each side of them according to their Degree and the rest on a lower Bench before the Judges Seat Something lower a Table is set before them at which the Custos Rotulorum or Keeper of Writs the Under-Sheriff the Escheater and the Clerks do sit Near the Table there is a Bar for the Jury to come in when they are called and behind that space another Bar for the Prisoners to stand at who are brought thither in Chains Then the Cryer crieth and commandeth Silence One of the Judges makes a short Speech wherein he declares amongst other Things the cause of their coming His Speech is no sooner ended but the Prisoners are called in by Name and every one must answer to his Name Then the Keeper of the Writs produces the Inditements and the Judges name one or two or three of the Prisoners Indited to proceed upon their Trial. The Clerk bids one of them come to the Bar and hold up his hand Then he charges him with his Crime to which he bids him answer Guilty or Not Guilty If the Prisoner stands mute and will not answer after he has been once or twice so Interrogated which happens very seldom he is Judged Mute or Dumb by Contumacy the Punishment whereof is to be Pressed to Death of which more afterwards If the Prisoner cries Guilty which is but seldom too his Trial is over and all the Business is to pronounce Sentence upon him according to Law But the common Answer is Not Guilty though the Party be never so apparently Guilty and his Answer be perhaps contrary to his Confession of the Fact before the Justice of Peace by whom he was examined and committed The Reason is because he flatters himself that he may chance to come off for want of right Evidence For the Law of England is so tender of Mens Lives that unless the Evidences which are upon their Oaths be positive and clear against any Prisoner he may come off Upon the Prisoner's pleading Not Guilty the Clerk asketh him whether he will be Tried by God and the Country If he answer Yes the Clerk tells him he has been Indited of such a Crime c. That he has pleaded Not Guilty to it â—nd that being asked how he would be Tried he has answered by God and the Country Then he tells him of the Jury present that represent the