Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vegeâ—ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus Deâ— enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament iâ— ipso facto puâ—ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
French Nation began to take Surnames with de prefixt as at this day is their usual manner The English also took to themselves Surnames but not generally by the Common People till the Raign of Edw. 2. At first for Surnames the English Gentry took the Name of their Birth-place or Habitation as Thomas of Aston or East-Town John of Sutton or South-Town and as they altered their Habitation so they altered their Surname After when they became Lords of places they called themselves Thomas Aston of Aston John Sutton of Sutton The Common People for Surnames added their Fathers Name with Son at the end thereof as Thomas Johnson Robert Richardson They also oft took their Fathers Nick Name or abbreviation with addition of s as Gibs the Nick Name or abbreviation of Gilbert Hobs of Robert Nicks of Nicholas Bates of Bartholomew Sams of Samuel and thence also Gibson Hobson Nickson Batson Samson c. Many also were surnamed from their Trade as Smith Joyner Weaver c. Or from their Office as Porter Steward Sheepheard Carter or from their Place of Abode as Atwood Atwell Athill which since are shrunk into Wood Wells Hill The Normans at their first coming into England brought Surnames for many of their Gentry with de prefixt as the French Gentry doth generally at this day and their Christian Names were generally German they being originally descended from a part of North Germany And some for about 200 years after the Conquest took for Surname their Fathers Christian Name with Fitz or Fils prefixt as Robert Fitz-William Henry Fitz-Gerard c. The Britains or Welsh more lately civilized did not take Surnames till of late years and that for the most part only by leaving out a in ap and annexing the p to their Fathers Christian Name as instead of Evan ap Rice now Evan Price so instead of ap Howel Powel ap Hughe Pughe ap Rogers Progers c. The most ancient Families and of best account for Surnames in England are either those that are taken from Places in Normandy and thereabouts in France and from some other Transmarine Countries or else from Places in England and Scotland as Devereux Seymour Nevile Montague Mohun Biron Bruges Clifford Berkley Darcy Stourton c. which antiently had all de prefixt but of later times generally neglected Of the Government of ENGLAND in general OF Governments there can be but three Kinds for either One or More or All must have the Soveragn Power of a Nation If One then it is a Monarchy If More that is an Assembly of Choice Persons then it is an Aristocracy If All that is the General Assembly of the People then it is a Democracy Of all Governments the Monarchical as most resembling the Divinity and nearest approaching to perfection unity being the perfection of all things hath ever been estemed the most excellent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Transgressions of a Land many are the Princes or Rulers thereof Prov. 28. 2. Of Monarchies some are Despotical where the Subjects like Servants are at the Arbitrary Power and Will of their Soveraign as the Turks and Barbarians Others Political or Paternal where the Subject like Children under a Father are governed by equal and just Laws consented and sworn unto by the King as is done by all Christian Princes at their Coronations Of Paternal Monarchies some are Hereditary where the Crown descends either only to Heirs Male as in France or next of Blood as in Spain England c. Others Elective where upon the death of every Prince without respect had to the Heirs or next of Blood another by Solemn Election is appointed to succeed as in Poland and Hungary and till of late in Denmark and Bohemia Of Hereditary Paternal Monarchies some are dependent and holden of Earthly Potentates and are obliged to do Homage for the same as the Kingdoms of Scotland and Man that held in Capite of the Crown of England and the Kingdome of Naples holden of the Pope others independent holden only of God acknowledging no other Superiour upon Earth England is an Hereditary Paternal Monarchy governed by one Supreme Independent and Undeposable Head according to the known Laws and Customs of the Kingdom It is a Free Monarchy challenging above many other European Kingdoms a freedom from all Subjection to the Emperour or Laws of the Empire for that the Roman Emperours obtaining antiently the Dominion of this Land by force of Arms and afterwards abandoning the same the Right by the Law of Nations returned to the former Owners pro derelicto as Civilians speak It is a Monarchy free from all manner of Subjection to the Bishop of Rome and thereby from divers inconveniencies and burdens under which the neighbouring Kingdoms groan as Appeals to Rome in sundry Ecclesiastical Suits Provisions and Dispensations in several cases to be procured from thence many Tributes and Taxes paid to that Bishop c. It is a Monarchy free from all Interregnum and with it from many mischiefs whereunto Elective Kingdoms are subject England is such a Monarchy as that by the necessary subordinate Concurrence of the Lords and Commons in the making and repealing all Statutes or Acts of Parliament it hath the main advantages of an Aristocracy and of a Democracy and yet free from the disadvantages and evils of either It is such a Monarchy as by a most admirable temperament affords very much to the Industry Liberty and Happiness of the Subject and yet reserves enough for the Majesty and Prerogative of any King that will own his people as Subjects not as Slaves It is a Kingdom that of all the Kingdoms of the World is most like the Kingdom of Jesus Christs whose yoke is easie whose burden is light It is a Monarchy that without interruption hath been continued almost 1000 years and till of late without any attempts of change of that Government so that to this sort of Government the English seem to be naturally inclined and therefore during the late Bouleversations or over-turnings when all the art that the Devil or Man could imagine was industriously made use of to change this Monarchy into a Democracy this Kingdom into a Common-wealth the most and the best of English Men the general Spirit and Genius of the Nation not so much the Presbiterian or Royalist by mighty though invisible influence concurred at once to restore their exiled Soveraign and re-establish that antient Government Of the KING of ENGLAND THe King is so called from the Saxon word Koning intimating Power and Knowledge wherewith every Soveraigne should especially be invested The Title antiently of the Saxon King Edgar was Anglorum Basileus Dominus quatuor Marium viz. the British German Irish and Deucalidonian Seas and sometimes Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumsacentis cunctarumque Nationum quae infra eum includuntur Imperator Dominus The Modern Title more modest is Dei Gratiâ of England Scotland
ever since thâ— Conquest in the Kings of England to the great honour anâ— benefit of the King and Kingâ—dom though some abuseâ— made some of the people out 〈◊〉 love with their good and thâ— Right of that part of his juâ—â— Prerogative The King by his Prerogative is Ultimus Haeres Regni and is as the Great Ocean is 〈◊〉 all Rivers the receptacle of aâ— Estates when no Heir appears for this cause all Estates foâ— want of Heirs or by forfeiture revert or escheat to the King All spiritual Benefices for want of Presentation by the Bishop is lapsed at last to the King all Treasure Trove that is Money Gold Silver Plate or Bullion found and the Owner unknown belongs to the King so all Wayfs Strays Wrecks not granted away by him or any former Kings all Wast ground or Land recovered from the Sea all Lands of Aliens dying before Naturalization or Denization and all things whereof the property is not known All Gold and Silver Mines in whosoever ground they are found Royal Fishes â—s Whales Sturgeons Dolphins c. Royal Fowl as Swans not markt and swimming at liberty on the River belong to the King In the Church the Kings Prerogative and Power is extraordinary great He only hath the Patronage of all Bishopricks none can be chosen but by his Conged ' Estier whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the Kings special Writ or Assent He is the Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal cares as in the 23th year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and by Commissioners or by his Metropolitanes in their several Jurisdictions to make Canons Orders Ordinances and Constitutions to introduce into the Church what Ceremonies he shall think fit reform and correct all Heresies Schismes and punish Contempts c. and therein and thereby to declare what Doctrines in the Church are fit to be publisht or professed what Translation of the Bible to be allowed what Books of the Bible are Canonical and what Apocryphal c. In 28 of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non Residency c. the Queen much incensed forbad them to meddle in any Ecclesiastical Affairs for that it belonged to her Prerogative c. The King hath power to pardon the violation of Ecclesiastical Laws or to abrogate such as are unfitting or useless to dispense with the Rigour of Ecclesiastical Laws and with any thing that is only prohibitum malum per accidens non malum in se as for a Bastard to be a Priest for a Priest to hold two Benefices or to succeed his Father in a Benefice or to be Non Resident c. Hath power to dispense with some Acts of Parliament Penal Statutes by Non Obstantes where himself is only concerned to moderate the rigor of the Laws according to Equity and Conscience to alter or suspend any particular Law that he judgeth hurtful to the Commonwealth to grant special Priviledges and Charters to any Subject to pardon a man by Law condemned to interpret by his Judges Statutes and in Cases not defined by Law to determine and pass Sentence And this is that Royal Prerogative which in the hand of a King is a Scepter of Gold but in the hands of Subjects is a Rod of Iron This is that Jus Coronae a Law that is parcel of the Law of the Land part of the Common Law and contained in it and hath the precedence of all Laws and Customs of England and therefore void in Law is every Custom quae exaltat se in Praerogativam Regis Some of these Prerogatives especially those that relate to Justice and Peace are so essential to Royalty that they are for ever inherent in the Crown and make the Crown they are like the Sun-beams in the Sun and as inseparable from it and therefore it is held by great Lawyers that a Prerogative in point of Government cannot be restrained or bound by Act of Parliament but is as unalterable as the Laws of the Medes and Persians wherefore the Lords and Commons Rot. Parl. 42. Edw. 3. num 7. declared that they could not assent in Parliament to any thing that tended to the disherison of the King and the Crown whereunto they were sworn no though the King should desire it and every King of England as he is Debitor Justitiae to his people so is he in conscience obliged to defend and maintain all the Rights of the Crown in possession and to endeavour the recovery of those whereof the Crown hath been dispossest and when any King hath not religiously observed his duty in this point it hath proved of very dreadful consequence as the first fatal blow to the Church of England was given when Hen. 8. waving his own Royal Prerogative referred the redress of the Church to the House of Commons as the Lord Herbert observes Hist Hen. 8. So the greatest blow that ever was given to Church and State was when the late King parting with his absolute Power of dissolving Parliaments gave it though only pro illâ— vice to the Two Houses of Parliament And indeed it greatly concerns all Subjects though it seem a Paradox to be far more solicitous that the King should maintain and defend his own Prerogative and Preeminence than their Rights and Liberties the truth whereof will appear to any man that sadly considers the mischiefs and inconveniencies that necessarily follow the diminution of the Kings Prerogative above all that can be occasioned by some particular infringements of the Peoples Liberties As on the other side it much concerns every King of England to be very careful of the Subjects just Liberties according to that Golden Rule of the best of Kings Charles I That the Kings Prerogative is to defend the Peoples Liberties and the Peoples Liberties strengthen the Kings Prerogative Whatsoever things are proper to Supreme Magistrates as Crowns Scepters Purple Râ—be Golden Globe and Holy Unction have as long appertained to the King of England as to any other Prince in Europe He holdeth not his Kingdom in Vassallage nor receiveth his Investiture or Installment from another Acknowledgeth no Superiority to any but God only Not to the Emperour for Omnem Potestatem habet Rex Angliae in Regno suo quam Imperator vendicat in Imperio and therefore the Crown of England hath been declared in Parliaments long ago to be an Imperial Crown and the King to be an Emperour of England and Ireland and might wear an Imperial Crown although he choseth rather to wear a Triumphant Crown such as was anciently worn by the Emperours of Rome and that because his Predecessors have triumpht not only over Five
Restauration what Expences in Hospitality c. above and beyond the Charity and Bounty of others who have ten times their Wealth and Riches As they have then been beneficial to this Kingdome above and beyond other ranks of men so they have had the highest respect reverence and esteem In all Ages amongst all Nations amongst Turks as well as Jews and Christians it was judged fit that the Principal Domestique Servants of the King of Heaven and Earth either should be of the Chiefest and Noblest upon Earth or at least should be so esteemed Such Reverence our Ancestors bare to that Function that as Selden observes to fall down and kiss the Feet was a Ceremony usual towards other Bishops and Principal Prelates besides the Bishop of Rome Divers of our Saxon and Norman Kings and Nobles so respected them that they constrained them in Publick Grants yet to be seen to sign before the highest of the Lay Nobles and sometimes before the Kings own Sons and Brothers and to rank them before c. In the year 1200. three Kings viz. of England Scotland and of South-Wales to express their pious and courteous respect to Hugh Bishop of Lincoln disdained not with their own Royal Shoulders to bear his dead Corps to the Grave And yet it hath been observed even by Strangers that the Iniquity of the present times in England is such that the English Orthodox Clergy are not only hated by the Romanists on the one side and maligned by the Presbyterian on the other side as the English Liturgy hath also been for a long time by both of them a sure evidence of the excellency thereof and as our Saviour was crucified between two Theeves but also that of all the Christian Clergy of Europe whether Romish Lutheran or Calvinian none are so little respected beloved obeyed or rewarded as the present Pious Learned Loyal Orthodox Clergy of England even by those who have alwayes professed themselves of that Communion O Deus in quae tempora reservasti nos Here followeth a Catalogue of the present Deans in the Provinces both of Canterbury and York In the Province of Canterbury Dr. Turner Dean of Canterbury Dr. Sancrost Dean of Pauls Dr. Dolben Bishop of Rochester and Dean of Westminster Dr. Clark Dean of Winchester Dr. Wilford Dean of Ely Dr. Creyton Dean of Bath and Wells Dr. Williams Bishop of Ossory and Dean Commendatory of Bangor Dr. Fell Dean of Christ-Church Dr. Hardy Dean of Rochester Dr. Gueson Dean of Chichester Dr. Thomas Dean of Worcester Dr. â—redyok Dean of Salisbury Dr. Honywood Dean of Lincoln Dr. Lloyd Dean of St. Asaph Dr. Cary Dean of Exeter Dr. Duport Dean of Peterborough Dr. Crofts Dean of Norwich Dr. Toogood Dean of Bristol Dr. Hodges Dean of Hereford Dr. Brough Dean of Glocester Dr. Wood Dean of Litchfield In the Province of York Dr. Hitch Dean of York Dr. Sudbury Dean of Durham Dr. Carlton Dean of Carlile Dr. Bridgeman Dean of Chester Note That in the Cathedral Churches of St. Davids and of Landaff there never hath been any Dean but the Bishop in either is Head of the Chapter and in the Bishops absence the Chanter at St. Davids and at Landaff the Archdeacon Note also That there are some Deans in England without any Jurisdiction only for honour so stiled as the Dean of the Chappel Royal and Dean of the Chappel of St. George at Windsor Moreover Some Deans there are without any Chapter yet enjoying certain Jurisdictions as the Dean of Croyden the Dean of Battel the Dean of Bocking c. Of the Nobility or Second Estate of England NObiles quasi viri Noscibiles or Notabiles In all Christian Monarchies men that have been Notable for Courage Wisdom Wealth c. have been judged fit and worthy to enjoy certain Priviledges Titles Dignities Honours c. above the Common People to be placed in an higher Orbe and to be as a Skreen between the King and the Inferiour Subjects to defend the one from Insolencies and the other from Tyranny to interpose by their Counsel Courage and Grandeur where common persons dare not ought not to be so hardy to support the King and defend the Kingdom with their lives and fortunes The Nobility of England is called the Peerage of England because they are all Pares Regni that is Nobilitate Pares though gradu impares The Degrees of the English Nobility are onely five viz. Duke Marquiss Earl Vicount and Baron These are all Barons but the four first are for State Priviledge and Precedence above and before other Barons A Duke in Latine Dux a ducendo Noblemen being antiently either Generals and Leaders of Armies in time of War or Wardens of Marches and Governours of Provinces in times of Peace afterwards made so for term of life then held by Lands and Fees at length made Hereditary and Titular The first Duke since the Conquerour was Edward the Black Prince created so by Edward 3 in the 11th year of his Raign A Duke is at this day created by Patent Cincture of a Sword Imposition of a Cap and Coronet of Gold on his Head and a Verge of Gold put into his hand Marchio a Marquiss was first so called from the Government of Marches and Frontier Countries The first that was so created was Robert Vere Earl of Oxford made Marquiss of Dublin in Octavo of Richard 2. A Marquiss is created by a Cincture of a Sword Imposition of a Cap of Honour with a Coronet and delivery of a Charter or Patent Earls antiently called Comites because they were wont Comitari Regem to wait upon the King for Counsel and Advice The Saxons called them Ealdormen the Danes Eorlas and the English Earls They had antiently for the support of their state the third penny out of the Sherives Court issuing out of all Pleas of that Shire whereof they had their Title but now it is otherwise An Earl is created by the Cincture of a Sword a Mantle of State put upon him by the King himself a Cap and a Coronet put upon his head and a Charter in his hand All Earls are stiled by the King Consanguinei nostri Our Cosins and they antiently did and still may use the style of Nos All the Earls of England are local or denominated from some Shire Town or Place except 2 whereof one is personal as the Earl Marshal of England who is not only honorary as all the rest but also officiary The other is nominal viz. Earl Rivers who takes his denomination from an Illustrious Family as the rest do from some noted place Vicecomes quasi vice Comitis gubernaturus Comitatum This Title was first given say some by Hen. 6. in the 18th year of his Raign to John Beaumont though it may be found that 5 H. 5. Sir Robert Brent was by that King created a Vicount A Vicount is so made by Patent In the Laws of the Longobards and of the Normans this Word
Custom was taken up by some of the Nobility and Gentry of eating a more plentiful Dinner but little or no Supper as on the contrary the Romans and Jews anciently and the hotter Climats at this day have little or no Dinners but set Suppers The English are not now so much addicted to Gluttony and Drunkenness as heretofore nor unto Tobacco which perhaps within a few years may be expelled by Coffee Feasting also is not now so â—ommon and profuse as antiâ—ntly for although the Feasts â—t Coronations at the Installations of Knights of the Garter â—onsecrations of Bishops Entertainments of Ambassadors â—he Feasts of the Lord Mayor of London the Sergeants at Law â—nd Readers Feasts in the Innes of Court are all very sumptuous â—nd magnificent in these times â—et compared to the Feasts of â—ur Ancestors seem to be but â—iggardly and sparing for Richard Earl of Cornwall Brother â—o Henry 3 had at his Marriâ—ge Feast as is recorded Thirâ—y thousand Dishes of Meat â—nd King Richard the 2d at a Christmass spent daily 26 Oxen â—oo Sheep besides Fowl and â—ll other Provision proportionably so antiently at a Call 〈◊〉 Sergeants each Sergeant saitâ— Fortescue spent sixteen hundred Crowns which in thosâ— dayes was more than 1600â— now The English that feed not over liberally whereto the greâ—â— plenty and variety of Vianâ—â— entice them nor drink mucâ— Wine but content themselvâ—â— with Small Ale or Sider bâ— especially the later are observed to be much more health and far longer lived than any 〈◊〉 our Neighbour Nations For Apparel or Clothing the French Mode hath been genâ—rally used in England of laâ—â— years In the time of Queen Elizabeth sometimes the Hiâ—â— Dutch sometimes the Spanisâ— and sometimes the Turkish and Morisco Habits were by the English worn in England when the Women wore Doublets with Pendant Codpieces on the Breast full of Tags and Cuts moreover Gallygascons Fardingales and Stockings of divers Colours but since the Restauration of the King now raigning England never saw for matter of wearing Apparel less prodigality and more modesty in Clothes more plainness and comeliness than amongst her Nobility Gentry and Superiour Clergy onely â—he Citizens the Countrey People and the Servants appear clothed for the most part above and beyond their Qualities Estates or Conditions Since our late breach with France the English Men though not the Women have quitted the French Mode and taken a grave Wear much according with the Oriental Nations Churches thorowout all England and all Publick Edifices are generally of Solid Stone covered with Lead Cathedral and Collegiate Churches every where ample and magnificent and the Churches in Market Towns and Opulent Villages spatious and solid enough Houses in Cities that were heretofore usually of Wood are now built of good Stone oâ— Brick and covered with Slatâ— or Tile the Rooms within formerly wainscotted are now hung with Tapistry or other convenient Stuffe and all cieled with Plaister excellent against the rage of Fire against the Cold and Sluttishness The Modern Buildings have been far more slight and of less continuance than the Antient. The Houses of the Nobles and Rich are abundantly furnisht with Pewter Brass Fine Linnen and Plate The mean Mechanicks and ordinary Husbandmen want not Silver â—poons or some Silver Plate in â—heir Houses The Windowes every where â—lased not made of Paper or Wood as is usual in Italy and â—pain Chimnies in most places no â—toves although the far more â—outhern parts of Germany can â—ardly subsist in the Winter â—ithout them England contains 9725 Parishes now allowing to each Parish one with another 80 Families there will be 778000 Families and to each Family 7 persons there will be found in all Five Millions four hundred forty six thousand souls and amongst them about one Million of Fighting Men. As some years before the late Troubles no people of any Kingdom in the World enjoyed more freedom from Slavery and Taxes so generally none were freer from evil tempers and humours none more devoutly religious willingly obedient to the Laws truly loyal to the King lovingly hospitable to Neighbours ambitiosly civil to Strangers or more liberally charitable to the Needy No Kingdom could shew a more knowing prudent Nobility a more valiant Gentry a more learned and pious Clergy or a more contented loyal Commonalty The Men were generall honest the Wives and Women chast and modest Parents loving Children obedient Husbands kind Masters gentle and Servants faithful In a word the English were then according to their Native Temper the best Neighbors best Friends best Subjects and the best Christians in the World Amongst these excellent Tempers amongst this goodly Wheat whilst men slept the Enemy came and sowed Tares there sprang up of later years a sort of people sowre reserved narrow-hearted close-fisted self-conceited ignorant stiff-necked Children of Belial according to the genuine signification of the word ever prone to despise Dominion to speak evil of Dignities to gain-say Order Rule and Authority who have accounted it their honour to contend with Kings and Governours and to disquiet the Peace of Kingdoms whom no deserts nor clemency could ever oblige neither Oaths or Promises bind breathing nothing but sedition and calumnies against the Establisht Government aspiring without measure railing without reason and making their own wild fancies the square rule of their consciences hating despising or disrespecting the Nobility Gentry and Superiour Clergy c. These lurking in all quarters of England have at length with their pestilential breath infected some of the worse natured and worse nurtured Gentry divers of the inferiour Clergy most of the Tradesmen and very many of the Peasantry and prevailed so far as not onely to spoil the best governed State and ruine the purest and most flourishing Church in Christendome but also to corrupt the minds the humours and very natures of so many English insomuch that notwithstanding the late happy restauration of the King and Bishops the incessant joynt endeavours and studies of all our Governours to reduce this people to their pristine happiness yet no man now living can reasonably hope to see in his time the like blessed dayes again without a transplantation of all those sons of Belial as King James in his grave Testament to his Son did intimate without an utter extirpation of those Tares which yet the Clemency and Meekness of the Protestant Religion seems to forbid The Nobility and chief Gentry of England have been even by Strangers compared to the finest Flowre but the lower sort of common People to the coursest bran the innate good nature joyned with the liberal education and converse with Strangers in forreign Countries render those exceeding civil whereas â—he wealth insolence and pride â—f these and the rare converse â—ith strangers have rendred â—hem so distastful not onely to â—he few strangers who frequent England but even to their own Gentry that they could sometimes wish that either the Countrey were less plentiful or â—hat
neer a Last or 80 Bushels every day and 250 Men in a Ship of War will drink a Tun of Beer in 2 dayes allowing each man but his Pottle per diem At first all Nations bartered and exchanged one commodity for another but that being found troublesome by a kind of Custom good liking or usage amongst all Civilized Nations Silver and Gold as most portable pliable beautiful and less subject to rust hath been as early as the dayes of Abraham chosen to be the Instruments of Exchange and measure of all things and were at first paid onely by Weight till the Romans about 300 years before the Birth of Christ invented Coyning or Stamping Gold and Silver When Julius Caesar first entred this Iland here were current instead of Money certain Iron Rings afterwards the Romans brought in the use of Gold Silver and Brass Coyns In the time of King Richard the First Moneys coined in the East parts of Germany being for its purity highly esteemed some of those Easterlings were sent for over and emploied in our Mint and thence our Money called Esterling or Sterling Money as some think though others say of the Saxon word Ster Weighty King Edward the First since the Norman Conquest established a certain Standard for Coyn in this manner Twenty four Grains made one Penny Sterling 20 Penny weight one Ounce and 12 Ounces made a Pound Sterling consisting of 20 Shillings Of these 12 Ounces 11 Ounces 2 Penny weight Sterling was to be of pure Silver called Leaf Silver and the weight of about 18 Penny Sterling in allay the Minter might adde So that anciently a Pound Sterling was a Pound of Troy weight whereas now a Pound Sterling is but the third part of a Pound Troy and little more than a 4th part of Avoirdupois weight The Money of England was abased and falsified for a long time till Queen Elizabeth in the year 1560 to her great praise called in all such Money since which time no base Money hath been coined in England but onely of pure Gold and Silver called Sterling Money onely of later times in relation to the necessity of the Poor and Exchange of great Money a small piece of Brass called a Farthing or fourth part of a Penny hath been permitted to be coined but no man enforced to receive them in pay for Rent or Debt which cannot be affirmed of any other State or Nation in the Christian World in all which there are several sorts of Copper Money as current with them for any payment as the purest Gold or Silver No Moneys in any Mint are made of pure Silver because Silver in its purity is almost as flexible as Lead and therefore not so useful as when hardned with Copper Gold minted pure would also be too flexible and therefore is in all Mints allaied with some Copper and most Mints differ in more or less allay The Ordinary Silver Coyns at present in England are according to weight either the Ounce Troy the half Ounce the 5th part 10th part 15th part 20th part 30th part or 60th part thus denominated The Crown Half Crown Shilling Six Pence Four Pence Three Pence Two Pence a Penny The Standard of Sterling Silver in England is Eleven Ounces and Two Penny weight of Fine Silver and 18 Penny weight of Allay of Copper out of the Fire and so proportionably so that 12 Ounces of pure Silver without any allay is worth 3 l. 4 s. 6 d. and an Ounce is worth 5 s. 4 d. 1 ob but with allay is worth but 3 l. and the Ounce 5 s. The Ordinary English Gold Coyns are now only the old Carolus or 20 s. Piece which by a late Proclamation is current at 21 s. 4 d. it weigheth 5 Penny weight 20 Grains The New Guinea 20 s. weigheth 5 Penny 10 Grains The Standard of the English Carolus piece or Ordinary Gold is in the Pound weight Troy 22 Carrats of Fine Gold and 2 Carrats of Allay Silver or Copper that is 11 Ounces of Fine Gold and one Ounce of Allay Silver or Copper The Spanish French and Flemish Gold is of equal fineness with the English The English Silver Money hath less Allay than the French or Dutch The Moneyers divide the Pound weight into 12 Ounces Troy The Ounce Pen weight Grain Mite Droite Periot into 20 Pen. w. 24 Grains 20 Mites 24 Droites 20 Periots 24 Blanks The English Silver is coined at 3 l. 2 s. the Pound of Troy weight the 2 s. being allowed the Minters for Coinage The English Gold is coined at present at 44 l. 10 s. the Pound Troy weight whereof 15 s. is allowed the Minters for Coinage So that now the proportion of Gold to Silver in England is as one to 14 and about â…“ that is to say one Ounce of Gold is worth in Silver 14 Ounces and about â…“ or 3 l. 14 s. 2 d. of English Money That the English Coyn may want neither the purity nor the weight required it is most wisely and carefully provided that once every year the Chief Officers of the Mint appear before the Lords of the Council in the Star-Chamber at Westminster with some pieces of all sorts of Moneys-coined the fore-going year taken at adventure out of the Mint and kept under several Locks by several persons till that appearance and then by a Jury of 24 able Goldsmiths in the presence of the said Lords every piece is most exactly assaied and weighed Since the happy restauration of His Majesty now raigning the coyning or stamping of Money by Hammers hath been laid aside and all stampt by an Engine or Skrew whereby it is come to pass that our Coins for neatness gracefulness and security from counterfeiting surpass all the most excellent Coins not only of the Romans but of all the Modern Nations in the World In England at the beginning of Christianity they counted as all other Christians according to the then Roman Account by Olympiads or space of five years Afterwards in the Raign of Constantine the first Christian Emperour by Indictions or Fifteen years at length in the Raign of the Emperour Justinian 532 years after Christs Incarnation and not before all Christians generally began to count ab Anno Christi Incarnati at which time one Dionysius Exiguus or Abbas a worthy Roman had finisht a Cycle for the Observation of Easter which was then generally received and is still observed by the Church of England the ground whereof is this The Vernal Equinox at that time was accounted to be the 21 of March and by consequence must be the earliest Full Moon and then March the 8 must be the earliest New Moon and April the 5 the latest New Moon and April the 18 the latest Full Moon which happening on a Sunday as it will when the Dominical Letter is C. and the Golden Number 8 then Easter that year will be April 25. So when the New Moon shall be on March 8 and that happening on a Sunday
as it will when the Dominical Letter is D. and the Golden Number 16 then Easter will be on the 22 March as was this year 1668. But the Romish Church following new Rules for finding of Easter it happens sometimes that their Easter is full 5 weeks before ours and sometimes with ours but never after ours for Pope Gregory the 13th in the year 1582 having observed that upon exact account the year contained above 365 dayes not full 6 hours as had been from the time of Julius Caesar hitherto reckoned but only 5 hours 49 minutes and 16 seconds and that this difference of almost 11 minutes in the space of about 134 years maketh one whole day which not considered since the Regulation of Easter had brought back the year at least 10 dayes insomuch that the Vernal Equinox which was at first on the 21 of March was now on the 11th of March by reason whereof sometimes 2 Full Moons past between the Equinox and Easter contrary to the Primitive Institution thereof which was that Easter should alwayes be observed on the Sunday following the first â—ull Moon after the Vernal Equinox Pope Gregory then having observed these inconveniences resolved at once to take away 10 dayes and that out of the Moneth of October by calling the 5th day thereof the 15th and that for that year those Festivals which fell in those 10 dayes which by reason of the Vintage time were but few should be celebrated upon the 15 16 and 17th dayes of that Moneth And that the Equinox might never retrocede for the future it was then provided that every 400 years 3 Bissextile years should be left out that is in the years 1700 1800 and 1900 and so again in 2100 2200 and 2300 leaving the year 2000 to have its Bissextile and so every 400th year The English Nation as all other States that with-drew themselves from under the Bishop of Rome's Usurped Authority before the said year 1582 except Holland and Zealand observe still the Antient Account made by Julius Caesar 43 years before the Birth of Christ and is therefore called the Old Style or Julian Account the other observed by those still under the Romish Yoke is called the New Style or Gregorian Account and is by reason of the aforesaid 10 dayes taken away 10 dayes before ours for the beginning of Moneths and for all Fixt Festivals but various for all Moveable Festivals Easter and the other Moveable Feasts in England are most certainly thus found Shrove-Tuesday is alwayes the first Tuesday after the first New Moon after January except that New Moon happen on a Tuesday then the next is Shrove-Tuesday and the Sunday following is Quadragesima and the Sixth Sunday after is Easter Day and the Fifth Sunday after Easter is Rogation Sunday and the Thursday following being 40 dayes after the Resurrection is Ascention day 10 dayes after which or 50 dayes after Easter is Pentecoste or Whit sunday and the Sunday following is Trinity Sunday Which Computation of the Church of England agrees with all the Eastern Christian Churches for they and we find Easter by the Rules which were generally received by all Christendom Anno 532 and ever since till 1582 it was altered by the Pope as aforesaid yet cannot it be denied but that this old Computation is become erroneous for by our Rules two Easters will be observed within one year as in the last year 1667 and not one Easter to be observed this year as this Author observed the last year in his Proposals to the Parliament Advent Sunday hath a peculiar Rule and is alwayes the Fourth Sunday before Christmass Day or the nearest Sunday to St. Andrews whether before or after The year in England according to the Cycles of the Sun and Moon and according to Almanacks begins on the First of January but the English Church and State begins the year from the day of Christs Incarnation viz. on the 25 of March which also is observed in Spain yet the Portugues as divers Countries in Africa begin their year on the 29th of August the Venetians on the first of March according to the Epact the Grecians on the longest day as the old Romans did on the shortest day which two last seem to have most reason as beginning just at the Periodical day of the Suns return The Natural day consisting of 24 hours is begun in England at Midnight and counted by 12 hours to Midday and again by 12 hours to next Midnight whereas in Italy Bohemia Poland and some other Countries their Account 〈◊〉 from Sun-setting by 24 of thâ— Clock to the next Sun-setting and at Noremberg and Wirtenberg in Germany according to the old babylonian Account they begin at the first hour after Sun-rising to count one of the Clock and so again at the first hour after Sun-set Probably there was a time when those Names of Number now in use amongst all Civilized Nations were unknown and Men applied their Fingers of one or both hands to those things they desired to keep account of and thence it may be that the Numeral words are but Ten in any Nation and in some Nations but Five and then they begin again as after decem undecim duodecim c. The Hebrews and the Greeks instead of Numeral Words used the Letters of their Alphabets beginning again after the Tenth Letter The Latines made use onely of 7 of their Capital Alphabet viz MDCLXVI all comprehended in this Figure O and all made use of in the same order in the late year 1666 which never did happen before or ever will happen again The English as all the Western Christian World till about 400 years ago used only Numeral Words in all Writings but since use the Figures 1 2 3 c. which the Christians learnt first of the Maures or Arabs and they of the Indians Nomina quasi Notamina Names were first imposed upon Men for distinction sake by the Jews at their Circumcision by the Romans at the 9th day after Birth and by the Christians at the Baptisme of such signification for the most part that might denote the future good hope or good wishes of Parents toward their Children The English Names of Baptisme are generally either Saxon as Robert Richard Henry William Edward Edmund Edwin Gilbert Walter Leonard c. Which are all very significative or else out of the Old and New Testament as John Thomas James Abraham Isaack Jacob c. Names super-added to the Christian Names the French call Sur noms i. e. supernomina The Hebrews Greeks and most other Antient Nations had no Surnames fixt to their Families as in these dayes but counted thus for example among the Hebrews Melchi Ben Addi Addi Ben Casam c. So the Britaines Hughe ap Owen Owen ap Rhese c. so the Irish Neal mac Con Con mac Dermoti c. As Christian Names were first given for distinction of Persons so Surnames for distinction of Families About Anno 1000 the
France and Ireland King Defender of the Faith The King only is Dei Gratiâ simply i.e. from the favour of none but God and the Archbishops and Bishops that pretend to that Title must understand Dei gratiâ Regis or Dei gratiâ voluntate Regis Defender of the Faith was antiently used by the Kings of England as appears by several Charters granted to the University of Oxford but in the year 1521 more affixt by a Bull from Pope Leo the Tenth for a Book written by Henry the Eighth against Luthers in defence of some points of the Romish Religion but since continued for defence of the Antient Catholck and Apostolick Faith Primogenitus Ecclesiae belongs to the Kings of England because their Predecessor Lucius was the first King that embraced Christianity Christianissimus was by the Lateran Council under Pope Julius the 2d conferred on the Kings of England in the 5th year of Henry 8 though now used only by the French King The Title of Grace was first given to the King about the time of H. 4. to H. 6. Excellent Grace to Ed. 4. High and Mighty Prince to Hen. 8. first Highness then Majesty and now Sacred Majesty after the Custom of the Eastern Emperours that used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The King of England in his Publick Instruments and Letters stiles himself Nos We in the plural number before King John's time the Kings used the singular number which Custom is still seen in the end of Writs Teste meipso apuâ— Westm In speaking to the King is used often besides Your Majesty Syr from Cyr in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an Abbreviation o◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dominus much used to the Greek Emperours but Syr or Domine iâ— now in England become the ordinary word to all of better rank even from the King to the Gentleman It was antiently in England given to Lords afterwards to Knights and to Clergymen prefixt before their Christian Names â—ow in that manner only to Baâ—onets and Knights of the Bath and Knights Batchelours yet in France Syr or Syre is reserved only for their King About the time that our Saviour lived on Earth there was a Jewish Sect whose Ring-â—eader was one Judas of Gaile mentioned Acts 5. 37. that would not give this Title of Sir or Dominus to any man affirming that it was proper only to God and stood not unlike our new Fanaticks called Quakers so perversely for such Nominal Liberty being â—n other points meer Pharisees that no penalties could force them to give this honorary Title to any man no not to the Emperour uti videre 〈◊〉 apud Josephum alios Sed hâ—â— obiter The Saxon Kings before the Conquest bare Azure a Crossâ— Formy between four Martlet Or. Afterward the Danish King raigning in England bare oâ— Semi de Harts Gules 3 Lyon Passant Gardant Azure After the Conquest the Kings of England bare two Leopards born first by the Conquerour as Duke of Normandy till the time of Hen. 2 who in right of his Mother annext her Paternal Coat the Lyon of Aquitaine which being of the same Field Mettal and Form with the Leopards â—â—om thence-forward they were â—intly marshalled in one Shield and Blazoned 3 Lyons as at â—resent King Edward the Third in â—â—ght of his Mother claiming â—he Crown of France with the Arms of England quartered the Arms of France which then were Azure Semy Flower â—eluces Or afterwards changed to 3 Flower deluces whereupon Hen. 5. of England caused the English Arms to be changed likewise King James upon the Union of England and Scotland caused the Arms of France and England to be quartered with Scotland and Ireland and are thus blazoned The King of England beareth for his Soveraign Ensigns Armorial as followeth In the first place Azure 3 Flower deluces Or for the Regal Arms of France quartered with the Imperial Ensigns of England which are Gules threâ— Lyons Passant Gardant in Palâ— Or. In the second place with in a double Tressure counter-flowered de lys Or a Lyon Rampant Gules for the Royal Arms of Scotland In the third place Azure an Irish Harp Or Stringed Argent for the Royal Ensigns of Ireland In the fourth place as in the first All within the Garter the chief Ensign of that most Honourable Order above the same an Helmet answerable to His Majesties Soveraign Jurisdiction upon the same a rich Mantle of Cloth of Gold doubled Ermine adorned with an Imperial Crown and surmounted for a Crest by a Lyon Passant Gardant Crowned with the like supported by 〈◊〉 Lyon Rampant Gardant Or Crowned as the former and an unicorn Argent Gorged with a Crown thereto a Chain affixt passing between his foreâ—egs and reflext over his back Or both standing upon a Compartment placed underneath and in the Table of the Compartment His Majesties Royal Motto Dieu mon Droit The Supporters used before the Union of England and Scotland were the Dragon and Lyon The Arms of France placed first for that France is the greater Kingdom and because from the first bearing those Flowers have been alwayes Ensigns of a Kingdom whereas the Arms of England were originally of Dukedoms as beforesaid The Motto upon the Garter Honi soit qui mal y pense that is Shame be to him that evil thereof thinketh was first given by Edward 3 the Founder of that Order upon occasion as some have written of a Garter falling from the Countess of Kent and Salisbury as she danced and taken up by that King whereat the Queen being jealous or the Courtiers observing it the King first uttered those words now upon the Garter whereof the Order was soon after instituted The Motto Dieu mon Droit that is God and my Right was first given by Richard the First to intimate that the King of England holdeth his Empire not in Vassallage of any mortal man but of God only and after taken up by Edward 3. when he first claimed the Kingdom of France King William the Conquerour getting by right of Conquest all the Lands of England except Lands belonging to the Church to Monastenies and Religious Houses into his own hands in Demesne as Lawyers speak soon bestowed amongst his Subjects aâ— great part thereof reserving some retribution of Rents and Services or both to him and his Heirs Kings of England which reservation is now as it was before the Conquest called the Tenure of Lands the rest he reserved to himself in Demesne called Coronae Regis Dominica Domaines and Sacra Patrimonia Praedium Domini Regis Directum Dominum cujus nullus est Author nisi Deus all other Lands in England being held now of some Superiour and depend mediately or immediately on the Crown but the Lands possest by the Crown being held of none can escheat to none being sacred cannot become prophane are or should be permanent and inalienable Which Royal Domaines are by Time the Gift and Bounty of
our Kings and some Necessities for the preservation of the Weal Publick too much alienated The Antient Dominions of the Kings of England were first England and all the Seas round about Great Britain and Ireland and all the Isles adjacent even too the Shores of all the Neighbour Nations and our Law saith the Sea is of the Ligeance of the King as well as the Land and as a mark thereof all ships of Foreigners have antiently demanded leave to fish and pass in these Seas and do at this day Lower their Top-sailes to all the Kings Ships of War To England Henry 1. annext Normandy and Henry 2. Ireland being stiled only Lord of Ireland till 33 H. 8. although they had all Kingly Jurisdiction before Henry 2. also annext the Dukedomes of Guien and Anjou the Counties of Poictou Turein and Mayn Edward the First all Wales and Edward the Third the Right though not the Possession of all France King James added Scotland and since that time there have been super-added sundry considerable Plantations in America The Dominions of the King of England are at this day in Possession besides his just Right and Title to the Kingdom of France all England Scotland and Ireland Three Kingdoms of large extent with all the Isles above 40 in number small and great whereof some very considerable and all the Seas adjacent Moreover the Islands of Jersey Garnsey and Alderny Parcel of the Dutchy of Normandy besides those profitable Plantations of New England Virginia Barbados Jamaica Florida Bermudos besides several other Isles and Places in those Quarters and some in the East Indies and upon the Coast of Africa also upon the main land of America by right of first discovery to Estoit land Terra Corterialis New found Land Novum Belgium Guiana the King of England hath a Legal Right though not Possession Rex Angliae est Persona mixta cum Sacerdote say our Lawyers He is a Priest as well as a King He is anointed with Oyle as the Priests were at first and afterward the Kings of Israel to intimate that his Person is Sacred and Spiritual and therefore at the Coronation hath put upon him a Sacerdotal Garment called the Dalmatica c. and before the Reformation of England when the Cup in the Lords Supper was denied to the Laity the King as a Spiritual Person received in both kinds He is capable of Spiritual Jurisdiction of holding of Tythes all Extra-Parochial Tythes some Proxies and other Spiritual Profits belong to the King of which Laymen both by Common and Canon Law are pronounced uncapable He is an External Bishop of the Church as Constantine the Emperour said of himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But I am constituted Bishop for external things of the Church Rex idem hominum Phaebique Sacerdos He is as the Roman Emperours Christian as well as Heathen stiled themselves Pontifex Max. He is the Supreme Pastor of England and hath not only Right of Ecclesiastical Government but also of Exercising some Ecclesiastical Function so far as Solomon did 1 Kings 8. when he blessed the People consecrated the Temple and pronounced that Prayer which is the Pattern now for Consecration of all Churches and Chappels but all the Ministerial Offices are left to the Bishops and Priests as the determinination of Causes are to the Kings Judges although the King may himself sit in Judgement if the Affairs of State did not alwayes require his Presence at the Helme and the Administration of Sacraments Preaching and other Church Offices and Duties to the Bishops and their Ordained Clergy Of this Sacred Person of the King of the life and safety thereof the Laws and Customs of England are of tender that they have made it High Treason onely to imagine or intend the death of the King And because by imagining or conspiring the death of the Kings Counsellors or Great Officers of his Houshold the destruction of the King hath thereby sometimes ensued and is usually aimed at saith Stat. 3 H. 7. that also was made felony to be punisht with death although in all other Cases Capital the Rule is Voluntas non reputabitur pro facto and an English Man may not in other Cases be punisht with death unless the Act follow the Intent The Law of England hath so high esteem of the Kings Person that to offend against those Persons and those things that represent his Sacred Person as to kill some of the Crown Officers or the Kings Judges executing their Office or to counterfeit the Kings Seals or his Moneys is made High Treason because by all these the Kings Person is represented and High Treason is in the Eye of the Law so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal his Heirs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them Est enim tam grave crimen saith Bracton ut vix permittitur haeredibus quâ—d vivant High Treason is so grievous a Crime that the Law not content with the Life and Estate and Honour of the Criminal can hardly endure to see his heirs survive him And rather than Treason against the Kings Person shall go unpunisht the Innocent in some Cases shall be punished for if an Idiot or Lunatick who cannot be said to have any will and so cannot offend during his Idiocy or Lunacy shall kill or go about to kill the King he shall be punisht as a Traytor and yet being Non compos mentis the Law holds that he cannot commit Felony or Petit Treason not other sorts of High Treason Moreover for the precious regard of the Person of the King by an Antient Record it is declared that no Physick ought to be administred to him without good Warrant this Warrant to be made by the Advice of his Council no other Physick but what is mentioned in the Warrant ro be administred to him the Physitians to prepare all things with their own hands and not by the hands of any Apothecary and to use the assistance only of such Chyrurgeons as are prescribed in the Warrant And so precious is the Person and Life of the King that every Subject is obliged and bound by his Allegeance to defend his Person in his Natural aswell as Politick Capacity with his own Life and Limbs wherefore the Law saith that the life and member of every Subject is at the service of the Soveraign He is Pater Patriae Dulce erit pro Patre Patriae mori to lose life or limb in defending him from Conspiracies Rebellions or Invasions or in the Execution of his Laws should seem a pleasant thing to every loyal hearted Subject The Office of the King of England according to the Learned Fortescue is Pugnare bella populi sui eos rectissime judicare To fight the Battels of his People and to see Right and Justice done unto them Or according to
another it is to protect and govern his People so that they may if possible lead quiet and peaceable lives in all Godliness and Honesty under him Or more particular as is promised at the Coronation to preserve the Rights and Priviledges of the Church and Clergy the Royal Prerogatives belonging to the Crown the Laws and Customs of the Realm to do Justice shew Mercy and keep Peace and Vnity c. The King for the better performance of this great and weighty Office hath certain Jura Majestatis extraordinary Powers Preeminencies and Priviledges inherent in the Crown called antiently by Lawyers Sacra Sacrorum and Flowers of the Crown but commonly Royal Prerogatives whereof some the King holds by the Law of Nations others by Common Law excellent above all Laws in upholding a free Monarchy and exalting the Kings Prerogative and some by Statute Law The King only and the King alone by his Royal Prerogative hath Power without Act of Parliament to declare War make Peace send and receive Ambassadours make Leagues and Treaties with any Foreign States give Commissions for levying Men and Arms by Sea and Land or for pressing Men if need require dispose of all Magazines Ammunition Castles Fortresses Ports Havens Ships of War and Publick Moneys hath the sole Power to coyn Money appoint the Mettal Weight Purity and Value thereof and by his Proclamation make any Foreign Coyn to be lawful Money of England By his Royal Prerogative may of his meer Will and Pleasure Convoke Adjourn Prorogue Remove and Dissolve Parliaments may to any Bill passed by both Houses of Parliament refuse to give without rendring any reason his Royal Assent without which a Bill is as a Body without a Soul May at pleasure encrease the number of the Members of both Houses by creating more Barons and bestowing Priviledges upon any other Towns to send Burgesses to Parliament May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit and may refuse to send his Writ to others that have sate in former Parliaments Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea the choice and nomination of all Magistrates Counsellors and Officers of State of all Bishops and other High Dignities in the Church the bestowing of all â—onours both of higher and of â—â—wer Nobility of England â—he Power of determining Reâ—ards and Punishments By His Letters Patents may â—ect new Counties Bishopricks â—niversities Cities Burroughs â—â—lledges Hospitals Schools â—airs Markets Courts of Juâ—â—ice Forests Chases Free â—arrens c. The King by his Prerogative â—â—th power to enfranchise an â—lien and make him a Denison â—hereby he is enabled to purâ—â—ase Leases of Houses and â—ands and to bear some Offiâ—es Hath power to grant Letâ—rs of Mart or Reprisal The King by his Prerogaâ—ive hath had at all times the â—ight of Purveyance or Preemption of all sorts of Victuaâ— neer the Court and to talâ— Horses Carts Boats Ships for his Carriages at reasonabâ—â— rates also by Proclamation 〈◊〉 set reasonable rates and pricâ— upon Flesh Fish Fowl Oaâ— Hay c. which his Majesâ—â— now raigning was pleased to exchange and in liew thereof 〈◊〉 accept of some other recompence Debts due to the King are the first place to be satisfied 〈◊〉 case of Executorship and Admiâ—nistratorship and until thâ— Kings Debt be satisfied he maâ—â— Protect the Debtor from the arrest of other Creditors May distrain for the whoâ— rent upon one Tenant that holdâ—eth not the whole land maâ— require the Ancestors Debt 〈◊〉 â—he Heir though not especiâ—ly bound is not obliged to â—â—mand his rent as others are â—â—ay sue in what Court he â—â—ease and distrain where he 〈◊〉 No Proclamation can be â—ade but by the King No Protection for a Defenâ—ant to be kept off from a Suit â—t by him and that because 〈◊〉 is actually in his Service He only can give Patents in â—se of losses by Fire to reâ—ive the Charitable Benevolenâ—s of the People without â—hich no man may ask it pubâ—â—kly No Forest Chase or Park 〈◊〉 be made nor Castle to be â—uilt without the Kings Auâ—â—ority The sale of his Goods in a open Market will not take awaâ— his property therein His Servants in ordinary aâ— priviledged from serving in an Offices that require their attendance as Sheriff Constable Churchwarden c. All Receivers of Money for the King or Accomptaâ—â— to him for any of his Revenueâ— their Persons Lands Goods Heirs Executors Administrators are chargeable for thâ— same at all times for Nulluâ— tempus occurrit Regi His Debtor hath a kind 〈◊〉 Prerogative remedy by a Qâ—minus in the Exchequer against all other Debtors or any against whom they have anâ— Cause of Personal Action supposing that he is therebâ— â—isabled to pay the King and 〈◊〉 this Suit the Kings Debtor â—eing Plaintiff hath some Priâ—iledges above others In Doubtful Cases Semper â—â—aesumitur pro Rege No Statute restraineth the King except he be especially â—amed therein The quality of his Person alters the Descent of Gavelkind the Rules of Joynt Tenaney no Estopel can bind him nor Judgment final in a Writ of Right Judgments entred against the Kings Title are entred with a Salvo Jure Domini Regis that if at any time the Kings Council at Law can make out his Title better that Judgement shall not prejudice him which is not permitted to the Subject The King by his Prerogativâ— may demand reasonable Aid Money of his Subjects to Knighâ— his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of 〈◊〉 years which reasonable Aid is Twenty Shillings for every Knights Fee and as much for every Twenty Pound a year in Socage Moreover if the King be taken Prisoner Aid Money is to be paid by the Subjects to set him at liberty The King upon reasonable causes him thereunto moving may protect any man against Suits at Law c. In all Cases where the King is party his Officers with an arrest by force of a Process at Law may enter and if entrance be denied may break open the â—ouse of any man although â—ery mans House is said to be 〈◊〉 Castle and hath a priviâ—â—dge to protect him against all â—her Arrests A Benefice or Spiritual Liâ—ng is not full against the King 〈◊〉 Institution only without Inâ—â—ction although it be so against Subject None but the King can hold â—â—ea of false judgments in the â—ourt of his Tenants The King of England by his â—rerogative is Summus Regni â—ustos and hath the Custody â—f the Persons and Estates of â—uch as for want of understanding â—annot govern themselves 〈◊〉 or â—erve the King so the Persons â—nd Estates of Ideots and Luâ—aticks are in the Custody of â—he King that of Ideots to his own use and that of Luâ—naticks to the use of the nexâ— Heir So the Custody or Wardâ—â—ships of all such Infants whoâ— Ancestors held their Lands bâ— Tenure in Capite or Knight service were
the Nobility or Bishops is made choice of by the Three States assembled in the name of the Infant King who by Nature or Alliance hath most Interest in the preservation of the Life and Authority of the Infant and to whom least benefit can accrue by his Death or Diminution as the Uncle by the Mothers side if the Crown come by the Father and so vice versa is made Protector so during the minority of Edward 6. his Uncle by the Mothers side the Duke of Somerset had the tuition of him and was called Protector and when this Rule hath not been observed as in the minority of Edw. 5. it hath proved of ill consequence If the King of England be Non compos mentis or by reason of an incurable disease weakness or old age become uncapable of governing then is made a Regent Protector or Guardian to govern King Edward 3. being at last aged sick and weak and by grief for the death of the Black Prince sore broken in body and mind did of his own will create his fourth Son John Duke of Lancaster Guardian or Regent of England If the King be absent upon any Foreign Expedition or otherwise which antiently was very usual the Custom was to constitute a Vice-gerent by Commission under the Great Seal giving him several Titles and Powers according as the necessity of affairs have required sometimes he hath been called Lord Warden or Lord of the Kingdom and therewith hath had the general power of a King as was practised during the Absence of Edward the First Second and Third and of Henry 5. but Henry 6. to the Title of Warden or Guardian added the Stile of Protector of the Kingdom and of the Church of England and gave him so great power in his absence that he was tantum non Rex swaying the Scepter but not wearing the Crown executing Laws summoning Parliaments under his own Teste as King and giving his assent to Bills in Parliament whereby they became as binding as any other Acts. Sometimes during the Kings Absence the Kingdom hath been committed to the care of several Noblemen and sometime of Bishops as less dangerous for attempting any usurpation of the Crown sometimes to one Bishop as Hubert Archbishop of Canterbury was Viceroy of England for many years and when Edward 3. was in Flanders though his Son then but nine years old had the Name of Protector John Stafford Archbishop of Canterbury was Governour both of the Kings Son and of the Realm Lastly Sometimes to the Queen as two several times during the absence of Henry 8. in France Of the QUEEN of ENGLAND THe Queen so called from the Saxon Konigin whereof the last syllable is pronounced as gheen in English it being not unusual to cut off the first Syllables as an Almes-House is sometimes called a Spital from Hospital She hath as high Prerogatives Dignity and State during the life of the King as any Queen of Europe From the Saxon times the Queen Consort of England though she be an Alien born and though during the life of the King she be femme covert as our Law speaks yet without any Act of Parliament for Naturalization or Letters Paâ—ents for Denization she may purchase Lands in Feesimple make Leases and Grants in her own Name without the King hath power to give to sue to contract as a femme sole may receive by gift from her Husband which no other femme â—overt may do Had anciently a Revenue of Queen Gold or Aurum Reginae as the Records call it which was the tenth part of so much as by the Name of Oblata upon Pardons Gifts and Grants c. came to the King Of later times hath had as large a Dower as any Queen in Christendome hath her Royal Court apart her Courts and Officers c. The Queen may not be impleaded till first petitioned shall not be amerced if she be nonsuited as all other Subjects are if she be Plaintiff the Summons in the Process need not have the solemnity of 15 dayes c. Is reputed the Second Person in the Kingdom The Law setteth so high a value upon her as to make it High Treason to conspire her death or to violate her Chastity Her Officers as Attourney and Sollicitor for the Queens sake have respect above others and place within the Barre with the Kings Council The like honour the like reverence and respect that is due to the King is exhibited to the Queen both by Subjects and Foreigners and also to the Queen Dowager or Widdow Queen who also above other Subjects loseth not her Dignity though she should marry a private Gentleman so Queen Katharine Widdow to King Henry the Fifth being married to Owen ap Theodore Esquire did maintain her Action as Queen of England much less doth a Queen by inheritance or a Queen Soveraign of England follow her Husbands condition nor is subject as other Queens but Soveraign to her own Husband as Queen Mary was to King Philip. Of the SONS and DAUGHTERS of ENGLAND THe Children of the King of England are called the Sons and Daughters of England because all the subjects of England have a special interest in them though the whole power of Education Marriage and disposing of them is only in the King The Eldest Son of the King is born Duke of Cornwall and as to that Dutchy and all the Lands Honours Rents and great Revenues belonging thereunto he is upon his Birth-day persumed and by law taken to be of full age so that he may that day sue for the Livery of the said Dukedom and ought of right to obtain the same as if he had been full 21 years of age Afterwards he is created Prince of Wales whose Investiture is performed by the Imposition of a Cap of Estate and Coronet on his Head as a Token of Principality and putting into his Hand a Verge of Gold the Emblem of Government and a Ring of Gold on hs Finger to intimate that he must be a Husband to his Countrey and Father to her Children Also to him is given and granted Letters Patents to hold the said Principality to him and his Heirs Kings of England by which words the separation of this Principality is prohibited From the day of his Birth he is commonly stiled the Prince a Title in England given to no other Subject The Title of Prince of Wales is ancient and was first given by King Edward 1. to his Eldest Son for the Welsh Nation till that time unwilling to submit to the yoke of strangers that King so ordered that his Queen was delivered of her first Child in Caernarvan Castle in Wales and then demanded of the Welsh If they would be content to subject themselves to one of their own Nation that could not speak one word of English and against whose life they could take no just exception Whereunto they readily consenting the King nominated this his new born Son and afterwards created
by the Earl of Sandwich conducted by a Squadron of Ships to Portsmouth where the King first met her and was remarried On the 23th of August 1662 her Majesty coming by water from Hampton Court was with great Pomp and Magnificence first received by the Lord Mayor and Aldermen of London at Chelsey and thence conducted by water to Whitehall The Portion she brought with her was Eight hundred Millions of Reas or two Millions of Crusado's being about Three hundred thousand pounds Sterling together with that important place of Tangier upon the Coast of Africk and the Isle of Bombaim neer Goa in the East Indies with a Priviledge that any Subjects of the King of England may trade freely in the East and VVest Indie Plantations belonging to the Portugueses Her Majesties Joynture by the Articles of Marriage is Thirty thousand pounds Sterling per Annum and the King out of his great affection toward her hath as an addition settled upon her 10000 l. per Annum more The Queens Arms as Daughter of Portugal is Argent 5 Scutcheons Azure cross wise each Scutcheon charged with 5 Plates or Besants Argent Saltier-wise with a Point Sable the Border Gules charged with 7 Castles Or. This Coat was first worn by the Kings of Portugal in memory of a Signal Battel obtained by the first King of Portugal Don Alphonso against 5 Kings of the Moors before which Battel appeared Christ crucified in the air and a Voice heard as once to Constantine the Great In hoc signo vinces before which time the Portugal Arms were Argent a Cross Azure Queen CATHERINE is a Personage of such rare perfections of Mind and Body of such eminent Piety Modesty and other Vertues that the English Nation may yet promise all the happiness they are capable of from a Succession of Princes to govern them to the end of the World Of the Queen-Mother THe Third Person in the Kingdom is the Queen-Mother or Dowager Henretta Maria de Bourbon Daughter to the Great King Henry the Fourth Sister to the Just King Lewis the Eleventh Wife to the Pious Martyr King Charles the First Mother to our Gracious Sovereign King Charles the Second and Aunt to the present Puissant King Lewis the 14th She was born the 19th of November 1609 married first at Nostre Dame in Paris by Proxy 1625 and shortly after in the moneth of June arriving at Dover was at Canterbury espoused to King Charles the First In the year 1629. was delivered of her First born a Son that died shortly after in 1630 of her Second our present Soveraign whom God long preserve in 1631 of her Third Mary the late Princess of Orenge a Lady of admirable Vertues who had the happiness to see the King her Brother restored 6 or 7 moneths before her death In 1633 of her Fourth James now Duke of York In 1635 of her Fifth named Elizabeth who being a Princess of incomparable Abilities and Vertues died for grief soon after the murther of her father In 1636 of her Sixth named Anna who died young In the year 1640 of her Seventh Child Henry of Oatlands designed Duke of Glocester who living till above 20 being most excellently accomplished in all Princely Endowments died four moneths after the Restauration of the King In the year 1644 of her Eighth the Lady Henretta now Dutchess of Orleans In the year 1641 her Majesty fore-seeing the ensuing storm of Rebellion and seeing the groundless Odium raised already against her self timely withdrew her self with her eldest Daughter then newly married to Henry Prince of Orange into Holland whence in 1643 after a most furious storm and barbarous fierce pursuit of the English Rebels at Sea she landed at Burlington Bay with Men Money and Ammunition and soon after with a considerable Army met the King at Edgehill and thence was conducted to Oxford In April 1644 marching with competent forces from Oxford towards Exeter at Abington took her last farewel of the King whom she never saw again In July following embarkt at Pendennis Castle she sailed into France where entertained at the Charges of her Nephew the persent King of France she passed a solitary retired life until the moneth of October 1660. when upon the Restauraution of her Son to the Crown of England she came to London and having settled her Revenues here she went again with her youngest Daughter the Lady Henretta into France to see her espoused to the then Duke of Anjou now of Orleans and in the moneth of July 1662 being returned into England she settled her Court at Somerset-House where she continued till May 1665 then crossed the Seas again and hath ever since continued in France her Native Countrey She needeth no other Character then what is found in the Seventh Chapter of that inimitable Book compiled by him that knew her best Of the present Princes and Princesses of the Blood Royal of England THe First Prince of the Blood in France called Monsieur sans queue is the Most Illustrious Prince James Duke of York Second Son to King Charles the Martyr and only Brother to the present King our Soveraign He was born Octob. 14. 1633 and forth-with proclaimed at the Court Gates Duke of York the 24th of the same moneth was baptized and afterward committed to the Government of the then Countess of Dorset The 27th of July 1643 at Oxford was created by Letters Patents Duke of York though called so by special command from his Birth without those Solemnities the iniquity of the times not admitting thereof that were used to the King his Father 1605 when being Second Son to King James and so Duke of Albany in Scotland was created Duke of York with the preceding Solemn Creation of divers young Noblemen to be Knights of the Bath and the Robes of State put upon him the Cap of State on his Head and the Golden Rod into his Hand the Prime Nobility and Heralds assisting at that Ceremony After the Surrender of Oxford his Royal Highness was in 1646 conveyed to London by the then prevailing disloyal part of the Two Houses of Parliament and committed with his Brother Glocester and Sister Elizabeth to the care of the Earl of Northumberland In 1648 aged about 15 was by Colonel Bampfield conveyed in a disguise or habit of a Girle beyond Sea first to his Sister the Princess Royal of Orenge in Holland and afterward to the Queen his Mother then at Paris where he was carefully educated in the Religion of the Church of England and in all Exercises meet for such a Prince About the Age of 20 in France he went into the Campagne and served with much Gallantry under that great Commander the Protestant Mareschal de Turenne for the French King against the Spanish forces in Flanders Notwithstanding which upon a Treaty between the French King and Cromwell in 1655 being obliged with all his retinue to leave the French Dominions and invited into Flanders by Don Juan of Austria he there served
Duke of Cumberland after the extinction of the Male Line of the Cliffords Finally the Kings forces at land being totally defeated he transported himself into France and was afterward made Admiral of such Ships of War as submitted to King Charles the Second to whom after divers disasters at Sea and wonderful preservations he returned to Paris 1652 where and in Germany sometimes at the Emperours Court and sometimes at Heydelberg he passed his time in Princely Studies and Exercises till the Restauration of his Majesty now raigning after which returning into England was made a Privy Counsellour in 1662 and in 1666 being joyned Admiral with the Duke of Albemarle first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the Enemy soon to flight He enjoys a Pension from his Majesty of 4000 l. per Annum After Prince Rupert the next Heirs to the Crown of England are 3 French Ladies Daughters of Prince Edward lately deceased who was a younger Son of the Queen of Rehemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. Sterling a year After these is the Princess Elizabeth eldest Sister living to the Prince Elector Palatin born 26 Decemb. 1618. unmarried and living in Germany The next is another Sister called the Princess Louisa bred up at the Hague with the Queen her Mother in the Religion of the Church of England at length embracing the Romish Religion is now Lady Abbess of Maubisson at Ponthoise not far from Paris Last of all is the Princess Sophia youngest Daughter to the Queen of Bohemia born at the Hague 1630. and in 1659 wedded to John Duke of Lunenberg and Free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters Of these three Princesses it is said that the first is the most learned the second the greatest Artist and the last one of the most accomplisht Ladies in Europe Of the Great Officers of the Crown NExt to the King and Princes of the Blood are reckoned the Great Officers of the Crown whereof there are Eight viz. the Lord High Chancellour the Lord High Treasurer the Lord Privy Seal the Lord High Admiral the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Steward for the time being First the Lord High Chancellour Summus Cancellarius so called because all Patents Commissions Warrants coming from the King and perused by him are signed if well or cancelled if amiss He is after the King and Princes of the Blood in Civil Affairs the highest Person in the Kingdom as the Archbishop of Canterbury is in Ecclesiastical Affairs His Office is to keep the Kings Great Seal to judge not according to the Common Law as other Civil Courts do but to moderate the rigour of the Law and to judge according to Equity Conscience or Reason His Oath is to do right to all manner of People poor and rich after the Laws and Customs of the Realm and truly counsel the King to keep secret the Kings Counsel nor suffer so far as he may that the Rights of the Crown be diminisht c. From the time of Henry 2. the Chancellours of England have been ordinarily made of Bishops or other Clergy-men learned in the Civil Laws till Henry 8. made Chancellour one Richard Rich a Common Lawyer from whom is descended the present Earl of Warwick and the Earl of Holland since which time there have been some Bishops but most Common Lawyers This High Office is in France durante vitâ but here is durante beneplacito Regis The Salary from the King is 848 l. per Annum and when the Star-Chamber was up 200 l. per Annum more for his Attendance there The Lord Chancellour or Lord Keeper who differ only in Name is created per traditionem magni Sigilli sibi per dominum Regem and by taking his Oath The Great Seal being lately taken from Edward Earl of Clarendon Lord Chancellour was by his Majesties great favour bestowed upon Sir Orlando Bridgeman with the Title of Lord Keeper of the Great Seal of England The next Great Officer of the Crown is the Lord High Treasurer of England who receives this high Office by delivery of a White Staffe to him by the King and holds it durante beneplacito Regis Antiently he received this Dignity by the delivery of the Golden Keys of the Treasury His Oath is little different from that of the Lord Chancellour He is Praefectus Aerarii a Lord by his Office under whose Charge and Government is all the Kings Revenue kept in the Exchequer He hath also the check of all the Officers any way emploied in collecting Imposts Customs Tributes or other Revenues belonging to the Crown He hath the gift of all Customers Controllers and Searchers in all the Ports of England He hath the nomination of the Escheators in every County and in some Cases by Statute is to appoint a Measurer for the length and breadth of Clothes He with others joyned in Commission with him or without letteth Leases of all the Lands belonging to the Crown He giveth Warrants to certain Persons of Quality to have their Wine Custom free The Annual Salary of the Lord High Treasurer is in all 383 li. 7s 8d per Annum Since the decease of Thomas Wriothesly last Earl of South-hampton and last Lord High Treasurer of England this Office hath been executed by a Commission granted to five eminent Persons viz. the Duke of Albemarle Lord Ashley Sir Thomas Clifford Sir Will. Coventry and Sir John Duncomb The Third Great Officer of the Crown is the Lord Privy Seal who is a Lord by his Office under whose hands pass all Charters and Grants of the King and Pardons signed by the King before they come to the Great Seal of England also divers other matters of less Concernment as for payments of money c. which do not pass the Great Seal He is by his Place of the Kings Privy Council and Chief Judge of the Court of Requests when it shall be re-continued and besides his Oath of Privy Counsellour takes a particular Oath as Lord Privy Seal His Salary is His Place according to Statute is next to the Lord President of the Kings Council It is an Office of great Trust and Skill that he put not this Seal to any Grant without good Warrant under the Kings Privy Signet nor with Warrant if it be against Law or Custom until that the King be first acquainted This great Officer is mentioned in the Statutes of 2 Rich. 2. and then â—anked amongst the Chief Persons of the Realm And is at present enjoyed by John Lord Robarts Baron Robarts of Truro The Fourth Great Officer of the Crown is the Lord
and to receive the Fees and Allowances due and accustomed as lately at the Coronation of King Charles the Second the Duke of Ormond was made for that occafion Lord High Steward of England and marching immediately before the King bore in his hands St. Edwards Crown Or else for the Arraignment of some Peer of the Realm their Wives or Widdows for Treason or Felony or some other great Crime to judge and give Sentence as the antient High Stewards were wont to do which ended his Commission expireth During such Tryal he sitteth under a Cloth of Estate and they that speak to him say May it please your Grace my Lord High Steward of England His Commission is to proceed Secundum Legem consuetudinem Angliae He is sole Judge yet doth call all the Twelve Judges of the Land to assist him Is not sworn nor the Lords who are the Tryers of the Peer arraigned During his Stewardship he bears a White Staffe in his Hand and the Tryal being over openly breaks it and so his Office takes an end Of the Kings Court. THe Court of the King of England is a Monarchy within a Monarchy consisting of Ecclesiastical Civil and Military Persons and Government For the Ecclesiastical Government of the Kings Court there is first a Dean of the Kings Chappel who is usually some grave Learned Prelate chosen by the King and who as Dean acknowledgeth no Superiour but the King for as the Kings Palace is exempt from all inferiour Temporal Jurisdiction so is his Chappel from all Spiritual it is called Capella Domenica the Demean Chappel is not within the Jurisdiction or Diocess of any Bishop but as a Regal Peculiar exempt and reserved to the Visitation and Immediate Government of the King who is Supreme Ordinary and as it were Prime Bishop over all the Churches and Bishops of England By the Dean are chosen all other Officers of the Chappel viz. a Subdean or Praecentor Capellae 32 Gentlemen of the Chappel whereof 12 are Priests and one of them is Confessor to the Kings Houshold whose Office is to read Prayers every Morning to the Family to visit the Sick to examine and prepare Communicants to inform such as desire advice in any Case of Conscience or Point of Religion c. The other 20 Gentlemen commonly called Clerks of the Chappel are with the aforesaid Priests to perform in the Chappel the Office of Divine Service in Praying Singing c. One of these being well skilled in Musick is chosen Master of the Children whereof there are 12 in Ordinary to instruct them in the Rules and Art of Musick for the Service of the Chappel Three other of the said Clerks are chosen to be Organists to whom are joyned upon Sundayes Collar dayes and other Holy-dayes the Saickbuts and Cornets belonging to the Kings Private Musick to make the Chappel Musick more full and compleat There are moreover 4 Officers called Vergers from the Silver Rods carried in their hands also a Sergeant 2 Yeomen and a Groom of the Chappel In the Kings Chappel thrice every day Prayers are read and Gods Service and Worship performed with great Decency Order and Devotion and should be a Pattern to all other Churches and Chappels of England Twelve dayes in the year being high and principal Festivals His Majesty after Divine Service attended with his principal Nobility adorned with their Collars of Esses in a grave solemn manner at the Altar offers a sum of Gold to God in signum specialis dominii that by his Grace he is King and holdeth all of him All Offerings made at the Holy Altar by the King and the Queen did antiently belong to the disposal of the Archbishop of Canterbury if his Grace were present wheresoever the Court was but now to the Dean of the Chappel Those 12 dayes are first Christmass Easter Whitsunday and All Saints called Houshold-dayes upon which the Besant or Gold to be offered is delivered to the King by the Lord Steward or some other of the Principal Officers then New-years-day and Twelf-day upon the later of which Gold Frankincense and Myrrhe in several Purses are offered by the King Lastly Candlemas Anuntiation Ascention Trinity Sunday St. John Baptist and Michaelmass day when only Gold is offered Upon Christmass Easter and Whitsunday His Majesty usually receives the Holy Sacrament none but two or three of the Principal Bishops communicating with Him The King hath also besides many Extraordinary 48 Chaplains in Ordinary who are usually eminent Doctors in Divinity whereof 4 every Moneth wait at Court to preach in the Chappel on Sundayes and other Festivals before the King and in the Morning early on Sundayes before the Houshold to read Divine Service before the King out of Chappel daily twice in the Kings Private Oratory to give Thanks at Table in the Clerk of the Closets absence In time of Lent according to antient laudable Custom the Divine Service and Preaching is performed in a more solemn manner Antiently at Court there were Sermons in Lent only and that in the Afternoon in the Open Court and then only by Bishops Deans and principal Prebends Our Ancestors judging that time enough and those persons only fit to teach such an Auditory their duty to God and Man Antiently also the Lent Preachers were all appointed by the Archbishop of Canterbury Now on the first Wednesday called Ashwednesday in the Morning begins the Dean of the Chappel to preach and on each Wednesday after one of his Majesties more eloquent Chaplains and every Friday the Dean of some Cathedral or Collegiat Church and on the last Friday called Good Friday is alwayes to preach the Dean of Westminster and on every Sunday in Lent some Right Reverend Bishop preacheth and on the last Sunday of Lent called Palm-Sunday is to preach an Archbishop and upon Easter day the Lord High Almoner who is usually some principal Bishop that disposeth of the Kings Almes and for that use receiveth besides other moneys allowed by the King all Deodands Bona Felonum de se to be that way disposed In France the Grand Aumosnier is principal of all the Ecclesiastiques of the Court and all Officers of the Kings Chappel he receiveth their Oaths of Allegeance and himself swears only to the King for that Office he hath the disposition of all Hospitals the Charge for delivering Prisoners pardoned by the King at his coming to the Crown or at his Coronation or first entrance into any of his Cities Under the Lord High Almoner there is a Subalmoner two Yeomen and two Grooms of the Almonry Besides all these the King hath a Clerk of the Closet or Confessor to His Majesty who is commonly some reverend discreet Divine extraordinarily esteemed by His Majesty whose Office is to attend at the Kings right hand during Divine Service to resolve all doubts concerning spiritual matters c. The present Dean of the Chappel is Doctor Herbert Crofts Bishop of Hereford whose Fee is 200 l. yearly and a Table
Wise Four Dressers Mrs. Katherine Eliot 200 l. Mrs. Margaret Dawson 150 l. Mrs. Lelis Cranmer 150 l. Lady Apsley 150 l. Starcher Mrs. Mary Roche 120 l. Semstress Mrs. Ellen Green 80 l. Laundress Mrs. Mary Cowerd 250 l. Lace Mender Secretary to her Highness Sir Phil. Froud 100 l. Two Gentlemen Ushers each 80 l. Six Gentlemen Waiters whereof one hath 100 l. The other five each 40 l. Four Pages of the Back-Stairs each 80 l. Yeoman of the Mouth 50 l. Tayler 90 l. Shoomaker 36 l. 10 s. Master Cook 40 l. Necessary Woman 40 l. Eighteen Watermen each 2 l. Master of the Horse to the Dutchess is Sir Richard Powle 266 l. 13 s. 4 d. Two Escuyries each 100 l. Four Pages each 52 l. Eight Footmen each 39 l. Four Coachmen each 78 l. for themselves Postillions and helpers Five Grooms each 32 l. 10 s. Two Chairmen each 39 l. Officers and Servants to the Duke of Cambridge GOverness Lady Francis Villiers 400 l. Under-Governess Mrs. Mary Kilbert 150 l. Wet Nurse 80 l. Dry Nurse 80 l. Tutor of the French Tongue Monsieur Lesne 100 l. Three Rockers each 70 l. Laundress to the Body 60 l. Semstress Laundress to the Table Page of the Back-Stairs 60 l. Necessary Woman 50 l. Cook 38 l. 5. s. Musitian 31 l. 4 s. Two Pages to the Duke of Cambridge each 52 l. Four Footmen One Groom One Coachman Postillion and Helper Officers and Servants belonging to the Lady Mary TWo Dressers Mrs. Anne Walsingham 80 l. Mrs. Mary Langford 80 l. Roâ—ker Mrs. Jane Leigh 70 l. Semstress Laundress Mrs. Elizabeth Brooks 90 l. Page of the Back-Stairs 60 l. Dancing-Master 200 l. Singing-Master 100 l. Servants to the Lady Anne DResser Three Rockers Semstress Page of the Back-Stairs Necessary Woman His Royal Highness upon all occasions when he goes abroad without the King hath for his particular Guard a Gallant Troop of Horse commanded by Monsieur de Blancfort Of the Three States of England ALl the Subjects of England are divided into Clergy and Laity The Laity sub-divided into Nobility and Commonalty These are called Ordines Regni or the Three States and first of the Clergy As Heaven is more honourable than Earth the Soul than the Body so is the Spiritual Function more excellent than the Civil and the Sacerdotal Dignity higher than the Secular and therefore in England the Clergy caeteris paribus hath ever had according to the practice of all other Civilized Nations since the World began the preference and precedence of the Laity and hath in all times been reputed the First of the Three States The Clergy so called because they are Gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Portion For although all Christians may be stiled Gods Portion as well as Gods Servants yet amongst Christians those Persons whom God hath set apart and separated from common use to his Service to be as it were his Domestick Servants are more peculiarly the Lords Portion and therefore from the first Age of Christianity the Persons so set apart have been called Clerici Clerks As in the State so in the Church the Laws and Constitutions of England would not that there should be a parity and equality of all persons Quippe in Ecclesia nihil magis inaequale quam aequalitas And therefore in conformity to the first Times and Places of Establisht Christianity so soon as the Christian Faith was by Authority received in England one of the Clergy was in every City ordained a Bishop who hath to avoid Confusion which usually springs from equality a pre-eminence over the rest of the Clergy within certain Precincts Afterwards the Bishops being necessitated to meet about Publick Affairs of the Church as Consecrations Consultations for remedy of general disorders for Audiences Judicial when the actions of any Bishop should be called in question or Appeals from Bishops c. It seemed requisite to our Ancestors according to other Christian Churches ever since the first Nicene Council to have amongst a certain number of Bishops one to be chiefest in Authority over the rest fâ—om thence named Archiepiscopus Arch or Chief Bishop For easing the Bishop of some part of his burthen as the number of Christians waxed great or the Diocess was large there were ordained in the Primitive Times Chorepiscopi Suffragan or Subsidiary Bishops Accordingly in the English Church of a long time there have been such ordained by the name of Bishops Suffragans or Titular Bishops who have the Name Title Stile and Dignity of Bishops and as other Bishops are consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as is limited in his Commission by the Bishop or Diocesan whose Suffragan he is For a Supply of able and fit Persons to assist Bishops or to be made Bishops it seemed good to Reverend Antiquity that in every Diocess a certain number of the more prudent and pious Pastors should be placed in a Collegiate manner at every Cathedral or Episcopal See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves by gaining experience and loosing by little and little their former familiarity with the inferiour Countrey Clergy for Government and Authority in the Church Accordingly in every Cathedral Church in England there are a certain number of Prebendaries or Canons and over them a Dean in Latine Decanus from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because antiently set over ten Canons at the least who is sometime stiled Alter Episcopi Oculus the other being the Archdeacon who though a Presbyter himself is so named for his Charge over the Deacons who are to be guided and directed by him under the Bishop Next is the Rural Dean who was antiently called Arcbipresbyter and had the guidance and direction of the Presbyters In the last place are the Pastors of every Parish who are called Rectors unless the Predial Tythes be impropriated and then they are called Vicars quasi vice fungentes Rectorum In England are 2 Archbishops 24 Bishops no Suffragan Bishops at present 26 Deans of Cathedrals and Collegiate Churches 60 Archdeacons 544 Prebendaries many Rural Deans and about 9700 Rectors and Vicars besides Curates who for certain Stipends assist such Rectors and Vicars that have the care of more Churches than one These if it be considered of what great Learning and Abilities they are what great Authority and Sway they usually bear over the Laity to incline â—ead and draw them what great Priviledges and Immunities they do or ought to enjoy and how much means they possess may well be reputed as in all times they have been in all other States the first Member of the Three Estates of England It hath been provided not without singular wisdom that as the ordinary course of common affairs is disposed of by general Laws so likewise mens rarer incident Necessities and Utilities should be
with special equity considered Hence is it that so many Priviledges Immunities Exemptions and Dispensations have been to the Clergy of England granted in all times Our Ancestors thinking it very reasonable that as Souldiers were wont by the Roman Emperours to be endowed with certain Priviledges for their warding and fighting to preserve the State from external Enemies so the Clergy ought to have certain Immunities and Priviledges for their watching and spiritual Warfare to preserve the State from internal Enemies the World the Flesh and the Devil Ut serventur immunes Clerici quo Castris suis sedulo commorantes vigiles excubias ducentes summo caell â—mperatori illaesos populos repraeâ—entent Legibus effectum est â—t quam plurima iis Privileâ—ia concessa sint tum ad eorum personas tum bona ac res spectanâ—ia Of Priviledges some belong to Archbishops some to Bishops as they are so and some belong to them and to the inferiour Clergy as they are Ecclesiastiques or Churchmen Before the coming of the Savons into England the Christian Britains had 3 Archbishops viz. of London York and Caerleon an antient great City of South-Wales upon the River Uske Afterward the Archiepiscopal See of London was by the Saxons placed at Canterbury for the sake of St. Austin the Monk who first preached the Gospel there to the Heathen Saxons and was there buried The other of Caerleon was translated to St. Davids in Pembroke-Shire and afterward subjected wholly to the See of Canterbury since which all England and Wales reckon but 2 Archbishops Canterbury and York The Archbishop of Canterbury antiently had Primacy as well over all Ireland as England and the Irish Bishops received their Consecrations from him for Ireland had no other Archbishop until the year 1152 and therefore in the time of the 2 first Norman Kings it was declared that Canterbury was the Metropolitan Church of England Scotland and Ireland and the Isles adjacent He was therefore sometimes stiled a Patriarch and Patriarcha was a Chief Bishop over several Kingdoms or Provinces as an Archbishop is over several Dioceses and had several Archbishops under him was sometimes called Alterius Orbis Papa Orbis Britannici Pontifex and matters done and recorded in Ecclesiastical affairs ran thus Anno Pontificatus Nostri primo secundo c. He was Legatus Natus that is a perpetual Legantine Power was annext to that Archbishoprick near 1000 years ago whereby no other Legat Nuncio or Ambassadour from the Bishop of Rome could here exercise any Legantine Power without special Licence from the King He was so highly respected abroad that in General Councils he was placed before all other Archbishops at the Popes right Foot He was at home so highly honoured by the Kings of England that according to the Practice of Gods own People the Jews where Aaron was next in Dignity to Moses and according to the practice of most other Christian States where the next in Dignity and Authority to the Sovereign is usually the chiefest Person of the Clergy he was accounted the Second Person in the Kingdome and named and ranked even before the Princes of the Blood He enjoyed some special marks of Royalty as to be Patron of a Bishoprick as he was of Rochester to Coyn Moneys and to have the Wardships of all those who held Lands of him Jure Hominii as it is called although they held in Capite other Lands of the King a Princely Prerogative even against the Kings written Prerogative In an antient Charter granted by William the Conquerour to Lanfranc Archbishop of Canterbury he is to hold his Lands with the same freedom in Dominico suo as the words are as the King holdeth his in Dominico suo except only in 2 or 3 Cases and those of no great importance It is an Antient Priviledge of the See of Canterbury that wheresoever any Mannors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of the Diocess of Canterbury The Archbishop of Canterbury by the favour of our Kings is judged fit to enjoy still divers considerable Pre-eminencies He is Primat and Metropolitan over all England and hath a super-eminency and some Power even over the Archbishop of York hath power to summon him to a National Synod and Archiepis Eboracensis venire debet cum Episcopis suis ad nutum ejus ut ejus Canonicis dispositionibus obediens existat The Archbishop of Canterbury is at this day Primus par Regni the first Peer of England and next to the Royal Family to precede not only all Dukes but all the Great Officers of the Crown He is stiled by the King in his Writs directed to him Dei Gratiâ Archiepisc Cant. and writes himself Divina Providentia whereas other Bishops write Divinâ Permissione and he is said to be inthroned when he is invested in the Archbishoprick To Crown the King belongs to him and it hath been resolved that wheresoever the Court shall happen to be the King and Queen are Speciales Domestici Parochiani Domini Ar. Cant. and had antiently the Holy Offerings made at the Altar by the King and Queen wheresoever the Court should happen to be if his Grace was there present Also the Power of appointing the Lent Preachers as thought by our Ancestors much more fit for a Prelate or Spiritual Person to do as in all other Christian Courts then for any Lay Lord as hath been used in England since one Cromwell was by Hen. 8. made Vicar General and placed above the Archbishop of Canterbury The Bishop of London is accounted his Provincial Dean the Bishop of Winchester his Chancellour and the Bishop of Rochester his Chaplain In writing and speaking to him is given the Title of Grace as it is to all Dukes and Most Reverend Father in God He hath the Power of all Probate of Testaments and granting Letters of Administration where the Party dying had Bona Notabilia that is five pounds worth or above out of the Diocess wherein he died or ten pounds worth within the Diocess of London or if the party dying be a Bishop though he hath no Goods out of the Diocess where he died Also to make Wills for all such as die intestate within his Province and to administer their Goods to the Kindred or to Pious Uses according to his discretion which most transcendent Trust and Power is so antiently in England belonging to Bishops that the best Antiquary cannot find the first Original thereof By Stat. 25 H. 8. he hath the Honour and Power to grant Licences and Dispensations in all Cases heretofore sued for in the Court of Rome not repugnant to the Law of God or the Kings Prerogative As to allow a Clerk to hold a Benefice in Commendam or Trust To allow a Son contrary to the Canons to succeed his Father immediately in a Benefice To allow a Clerk rightly qualified to hold two Benefices with
Cure of Souls To abolish irregularity gotten without a mans own default as by defect of body or birth or by accidental killing of a man c. To abolish the guilt of Simony To allow a Beneficed Clerk for some certain Causes to be Non-Resident for some time To allow a Lay-man to hold a Prebend c. whilst by study he is preparing himself for the Service of the Church To grant Dispensations to sick to Old People to Women with Child to eat flesh on dayes whereon it was forbidden To constitute Publick Notaries whose single Testimony is as good as the Testimonies of any two other Persons He hath the Power to grant Literns Tuitorias whereby any one that brings his Appeal may prosecute the same without any molestation To bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation there of a new Bishop who is also to provide a sufficient Benefice for one of the Chaplains of the Archbishop or to maintain him till it be effected By the Stat. Primo Eliz. it is provided that the Queen by the Advice of the Archbishop might ordain and publish such Rites and Ceremonies as may be for Gods glory for edifying the Church and due reverence of the Sacraments He hath the Prerogative to Consecrate a Bishop though it must be done in the presence and with the assistance of two other Bishops as every Bishop gives Ordination but with the assistance of Presbyters to assign Co-adjutors to infirm Bishops to confirm the Elections of Bishops within his Province to call Provincial Synods according to the Kings Writ alwayes directed to him to be Moderator in the Synods or Convocations to give his Suffrage there last of all to visit the whole Province to appoint a Guardian of the Spiritualties during the Vacancy of any Bishoprick within his Province whereby all the Episcopal Rights of that Diocess belong to him all Ecclesiastical Jurisdiction as Visitation Institutions c. The Archbishop may retain and qualifie 8 Chaplains which is 2 more than any Duke by Statute is allowed to do The Archbishop of Canterbury hath moreover the Power to hold divers Courts of Judicature for deciding of Differences in Ecclesiastical Affairs as his Court of Arches his Court of Audience his Prerogative Court and his Court of Peculiars of all which shall be handled particularly and apart in the Second Part of the Present State of England These and other Prerogatives and Priviledges the Wisdom of our first Reformers thought fit to be retained and added to the Chief Person under the King of the Church of England The next Person in the Church of England is the Archbishop of York who was antiently also of very high repute in this Nation and had under his Province not only divers Bishopricks in the North of England but all the Bishopricks of Scotland for a long time until the year 1470 when Pope Sixtus the 4th created the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland He was also Legatus Natus and had the Legantine Office and Authority annext to that Archbishoprick He hath still the place and precedence of all Dukes not of the Royal Blood and of all Great Officers of State except only the Lord Chancellour hath the Title of Grace and Most Reverend Father hath the Honour to Crown the Queen and to be her perpetual Chaplain He is stiled Metropolitan of England and hath under his Province the Bishopricks of York Durham Carlile Chester and that of the Isle of Man Hath the Rights of a Count Palatine over a certain Territory near York erected by King Rich. 2. into a County Palatine May qualifie also 8 Chaplains and hath within his Province divers other Prerogatives and Priviledges which the Archbishop of Canterbury hath within his own Province The next in place amongst the Clergy of England are the Bishops so called from the Saxon word Biscop and that from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Speculator Explorator vel Superintendens an Officer amongst the Heathen so called quia praeerat pani victui quotidiano Episcopus enim apud Christionos praeest pani victui spirituali All the Bishops of England are Barons and Peers of the Realm They are Barons by a threefold manner which cannot be said of the Lay Lords they are Feodal in regard of their Lands and Baronies annext to their Bishopricks They are Barons by Writ being summoned by the Kings Writ to Parliament and they are created Barons by Patent which at their Consecration is alwayes exhibited to the Archbishop They have the Precedence of all Temporal Barons under Vicounts In the Parliament have place in the Upper House in a double capacity not only as Barons but as Bishops for before they were Barons they had in all times place in the Great Council of the Kingdome and there ever placed on the Kings right hand not only to give their Advice as the Judges do but ad tractandum ordinandum statuendum definiendum c. They have the Title of Lords and Right Reverend Fathers All Bishops in England have one or two transcendent Priviledges which seem almost Regal as In their own Courts to judge and pass Sentence alone by themselves without any Collegue or Assessor which is not done in other of the Kings Courts for the Bishops Courts though held by the Kings Authority Virtute Magistratus sui are not accounted to be properly the Kings Courts and therefore the Bishops send forth Writs in their own Names Teste the Bishop and not in the Kings Name as all the Kings Courts properly so called do Moreover Bishops have this other transcendent Priviledge To depute their Authority to another as the King doth either to their Bishops Suffragans to their Chancellours to their Commissaries or other Officers which none of the Kings Judges may do All Bishops have one Priviledge above and beyond all Lay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may quatenus Bishops confer Orders c. whereas no Lay Baron Vicount Marquiss nor Duke is in Law acknowledgeed such out of the Dominions of the Prince who conferred those Honours The Laws and Customs of England are so tender of the Honour Credit Reputation and Person of Bishops our Spiritual Fathers that none might without special Licence from the King first obtained be endited of any Crime before any Temporal Judge Upon severe Penalty by our Laws no man may raise reports whereby Scandal may arise to the Person of any Bishop or Debate and Discord between them and the Commons of England In Civil Trials where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay Lord challenge the Array 〈◊〉 one Knight at least be not â—eturned of the Jury and it â—hall be allowed unto him as 〈◊〉 Priviledge due to his Peerage In Criminal Trials for life all â—ishops by Magna Charta and â—tat 25 Edw. 3.
are to be tryâ—d by their Peers who are Baâ—ns and none under notâ—ithstanding the late conceit of â—ome Lawyers that because Bishops may not be on the Criminal Trial of a Peer thereâ—ore are not to be tried by â—eers for so neither may Bishops be tried by a Common â—ury Because they may not â—e on the Trial of such men Moreover Noble-women may â—ot be on the Trial of Peers â—nd yet they are to be tried by Peers of the Realm And there is no Legal Precedent 〈◊〉 England of a Bishop remaining a Bishop that ever was tried for his life but by Peers of thâ— Realm Antiently indeed Bishops were so ecempted as noâ— at all to be tried by Temporâ—â— Judges till after deprivatioâ— and degradation and then being thereby rendred no Peers but common Persons theâ— might be tried by Common Juries Since the Reformation thâ— English Protestant Bishopâ— have been so constantly loyaâ— and true to the Crown 〈◊〉 which they are so much mâ—ligned by Non-Conformists and so free from all Capitaâ— Crimes that there is yet 〈◊〉 Precedent in England for theiâ— manner of Trial for Life A◠〈◊〉 that Common Assertion â—hat no Lords of Parliament 〈◊〉 to be tried by their Peers 〈◊〉 such as sit there Ratione â—obilitatis and that all Lay â—ords have place in Parliament 〈◊〉 that reason it is not onâ—â— false but frivolous in the â—â—dgement of very many judiâ—â—ous men And indeed how â—â—urd and unreasonable must it â—â—eds be let all men judge â—â—at an Archbishop of Canterâ—â—ry who is by all acknowâ—â—dged to be Primus Par Regâ—â— should be tried by a Comâ—on Jury of Freeholders â—â—en as the meanest Lay Baâ—â— though created but yeâ—â—â—rday may not be tried by aâ—â— under Barons In Parliament Bishops as Baâ—â—as may be present and vote at the Trial and Arraignment 〈◊〉 a Peer of the Realm only bâ—fore Sentence of Death or loâ—â— of Member be pronounced that they may have no hand 〈◊〉 blood no hand in destroying but only in saving they havâ— by Canon Law the Priviledâ—â— and Injunction to absent themselves and by Common Laâ— to make Proxies to vote for them Primo Eliz. cap. 2. It is expresly declared that all Lords 〈◊〉 Parliament without any exception of Lords Spiritual 〈◊〉 should be tried in that particular by their Peers The Bishops of England enjoy at this day many other Priviledges as freedom from Arrests Outlawries Distress pâ—â— Equitaturam or in a Journey Liberty to hunt in any of the Kings Forrests or Parks to kill one or two Deer going from or coming to the King upon his Order The Persons of Bishops may not be seised upon Contempt as the Persons of Lay Lords but their Temporalities only may be seised Every Bishop may by Statute Law qualifie as many Chaplains as a Duke viz. six The Laws of England attributeth so very much to the Word of a Bishop that not only in the Trial of Bastardy the Bishops Certificate shall suffice but also in Trial of Heresie which toucheth a mans Life upon the Bishops bare Certificate that any hath been convicted before him of Heresie the Secular Power puts him to death without any trial by his Peers The Persons the Spiritual Governours of the Church of England are of such high and tender respect in the eye of the Law that it is thought fit to exact the same respect from a Clergyman to his Bishop or Ordinary as from a Child to his Father and therefore made the Offences of Parricide and Episcopicide equal viz. both Petty Treason Next to the two Archbishops of England the Bishop of London amongst all the Bishops hath the pre-eminence Episcopus Londinensis saith an ancient Record speciali quadam Dignitate caeteris anteponendus quia Ecclesiae Cantuariensis Decanus est Provincialis Being Bishop over the Imperial and Capital City of England it is by a Statute of later times expresly provided that he should have the preference and precedence of all the Bishops of England whereby he is become as heretofore the Lord Prior of the Order of St. John of Jerusalem Primus Baro Regni as the Lord Abergavenny is Primus Baronum Laicorum Next amongst those of the Episcopal Colledge is the Bishop of Durham within the Province of York who hath been a Count Palatine 6 or 700 years wherefore the Common Seal of the Bishoprick hath been of a long time an Armed Knight holding in one hand a naked Sword and in the other a Church In the fifth place by vertue of the fore-mentioned Statute is the Bishop of Winchester reputed antiently Earl of Southampton and so stiled in the Statutes of the Honourable Order of the Garter by Hen. 8. though soon after that Earldome was otherwise disposed of After these afore-named all the other Bishops take place according to the Seniority of their Consecration unless any Bishop happen to be made Lord Chancellour Treasurer Privy Seal or Secretary of State which antiently was very usual as reputed for their Piety Learning Single Life Diligence c. far more fit for the Advantage and Service of the King and Kingdome than any Laymen and in such case a Bishop being Lord Chancellour had place next to the Archbishop of Canterbury and above the Archbishop of York and being Secretary of State had place next to the Bishop of Winchester All the Bishops of England now living take place as they are ranked in this following Catalogue Dr. Gilbert Sheldon Lord Archbishop of Canterbury consecrated Bishop of London 1660 and translated to Canterbury 1663. Dr. Richard Stern Lord Archbishop of York consecrated Bishop of Carlile 1660 and translated to York 1664. Dr. Humphrey Henchman Lord Bishop of London consecrated Bishop of Salisbury 1660 and translated to London 1663. Dr. John Cosens consecrated Bishop of Durham 1660. Dr. George Morley consecrated Bishop of Worcester 1660 and translated to Winchester 1662. Dr. William Piers Bishop of Bath and Wells consecrated 1632. Dr. Robert Skinner consecrated Bishop of Bristol 1636 then translated to Oxford 1640 and lastly to Worcester 1663. Dr. Henry King Lord Bishop of Chichester consecrated 1641. Dr. William Lucy Lord Bishop of St. Davids consecrated 1660. Dr. Benjamin Laney Lord Bishop of Ely consecrated 1660 Bishop of Peterborough thence translated to Lincoln 1663 lastly to Ely 1667. Dr. Gilbert Ironside Bishop of Bristol consecrated 1660. Dr. Edward Reynolds consecrated 1660 Bishop of Norwich he is also Abbot of St. Bennet de Hulmo the sole Abbot now remaing in England Dr. William Nicolson consecrated Bishop of Glocester 1660. Dr. John Hacket consecrated Bishop of Coventry and Lichfield 1661. Dr. Seth Ward consecrated Bishop of Exeter 1661 translated to Salisbury 1667. Dr. Herbert Crofts consecrated Bishop of Hereford 1661. Dr. Henshaw consecrated Bishop of Peterborough 1663. Dr. Rainbow consecrated Bishop of Carlile 1664. Dr. Blandford consecrated Bishop of Oxford 1665. Dr. Dolben Bishop of Rochester consecrated 1666. Dr. Davis Bishop of Landaff consecrated 1667. Dr. Fuller consecrated Bishop of Lincoln 1667. Dr.
first Kings of England â—ad all the Lands of England 〈◊〉 Demesne The second sole Monarch amongst the Saxon Kings Ethelwolphus by the advice of his Nobles gave foâ— ever to God and the Church both the Tythe of all Good and the Tenth part of all the Lands of England free from all Secular Service Taxations or Impositions whatsoever the Charter of which Donation 〈◊〉 to be seen in Ingulphus and other Authors which Chartâ— thus ends Qui augere voluerâ— nostram donationem as many Pious Kings and Nobles sinâ— have done augeat Omnipotenâ— Deus dies ejus prosperos si quâ—â— vero mutare vel minuere praesumpâ— serit noscat se ad tribunal Christ rationem redditurum Beside the Tenth of Land and the Husbandmans profits Merchants also and Shop-keepers paid to their Spirituaâ— Pastors the Tenth of theiâ— Gain Servants in divers Plaâ—es the Tenth of their Wages 〈◊〉 as Soldiers in the Kings Armies do now a part of their Pay and in some places Aleâ—ellers the Tenth Flagon Alâ—o Handicrafts-men and Day-â—abourers paid the Tenth of â—heir Wages upon their Oaths 〈◊〉 required Per Assisas Forestae and other â—ecords it doth appear that â—ythes have been paid even â—f Venison in divers parts of England men making consciâ—nce in those dayes as amongst â—he antient Jews to pay Tythes â—f all they possâ—ssed Besides all those in some plaâ—es were paid to the Pastor Obâ—entions Oblations Pensions Mortuaries c. so that the Enâ—lish Clergy were the best provided for of any Clergy in the whole World except only the Nation of the Jews amongst whom the Tribe of Levi being not the 40th part of the 12 Tribes as appears in the Book of Numbers yet had as Mr. Selden confesseth and that by Gods own appointment three times the Annual Revenue of the greatest of the 12 Tribes insomuch that the poorest Priest in the 24 Courses might be reputed a wealthy person And as amongst the Jews the 24 Chief Priests for the better maintenance of their Authority and Dignity had means far exceeding those of the Inferiour Clergy and the High Priest had a Maintenance as far exceeding any of the said 24 Priests So in England the Bishops by the great Piety and Bounty of several English Kings had in Lands and Revenues Temporal and Spiritual a Maintenance far more â—mple than those of the Inferiour Clergy and the 2 Archbishops more ample than â—he Bishops William the Conquerour at his coming into England found â—he Bishopricks then in being 〈◊〉 richly endowed with Lands â—hat he erected them all into Baronies and every Barony â—hen consisted of 13 Knights Fees at the least Besides theâ—e belonged to Bishops several Perquisits and Duties for the Visitations of â—heir Diocesses for Ordinasions Institutions Census Cathedraticus subsidium Charitativum which upon reasonable Causes they might requireâ— of the Clergy under them also other Duties called Decimarum quarta Mortuariorum Oblationum pensitatio Juâ— Hospitii Processio Litania Viatici vel Commeatus collatio which upon a Journey to Româ— they might demand Tenthâ— and First Fruits was antiently paid as is believed to the several Diocesans and was continued to the Bishop of Norwich till Henry 8. deprived him thereof and deprived the Pope of all the rest Moreover all Cathedral Churches were by divers Kings and Nobles richly furnisht with Lands for thâ— plentiful maintenance of a Dean and a certain number of Prebends insomuch that together with the Lands given to Monasteries a third part of the Lands of England belonged to the Church and Church-men whereby did accrue much benefit to this Nation great Hospitality was kept many Hospitals Colledges Churches Bridges built and other Publick Pious and Charitable Works All Leases held of them by the Laity were not â—aly much more easie than other Tenures but so unquestionable that there was little work for the Lawyers so much peaceableness that 140 sworn Attourneys was thought sufficient to serve the whole Kingdome At present the Revenues of the English Clergy is generally very small and insufficient above a third part of the best Benefices of England being antiently by the Popes Grant appropriated to Monasteries towards their maintenance were upon the dissolution of Monasteries made Lay Fees besides what hath been taken by secret and indirect means thorow corrupt Compositions anâ— Compacts and Customs in many other Parishes also manâ— large Estates wholly exempâ—â— from paying Tythes as Land belonging to the Cistertiaâ— Monks to the Knights Templars and Hospitallers Thoâ— Benefices that are free from these things yet besides Fiâ—â— Fruits and Tenths to the King and Procurations to the Bishop are taxed towards the Chargâ— of their respective Parishes and towards the publique charges of the Nation above and beyond the proportion of the Laity The Bishopricks of England have been also since the later end of Hen. 8. to the coming in of King James most miserably robbed and spoiled of the greatest part of their Lands and Revenues so that at this day a mean Gentleman of 200 l. land yearly will not change his worldly estate and condition with divers Bishops an Attourney a Shop-Keeper a common Artisan will hardly change theirs with ordinary Pastors of the Church Some few Bishopricks do yet retain a competency amongst which the Bishoprick of Durham is accounted one of the Chief the yearly Revenues whereof before the late troubles was above 6000 l. of which by the late Act for abolishing Tenures in Capite was lost above 2000 l. yearly Out of it an yearly Pension of 880 l is paid to the Crown ever since the Raign of Queen Elizabeth who promised in lieu thereof so much in Impropriations which was never performed Above 340 l. yearly paid to several Officers of the County Palatine of Durham The Assises and Sessions duly kept in the Bishops House at the sole Charges of the Bishop The several expences for keeping in repair certain Banks of Rivers in that Bishoprick and of several Houses belonging to the Bishoprick Moreover the yearly Tenths the Publick Taxes the Charges of going to and waiting at Parliament being deducted there will remain communibus annis to the Bishop to keep Hospitality which must be great and to provide for those of his Family but about 1500 l. yearly The like might be said of some other Principal Bishopricks The great diminution of the Revenues of the Clergy and the little care of augmenting or defending the Patrimony of the Church is the great reproach and shame of the English Reformation and will one day prove the ruin of Church and State Judicious Mr. Hooker who in the Preface of his Works fore-told our late troubles 40 years before they came to pass observing in his time how the Church was every day robbed of her Dues and that it was then an opinion rife That to give to the Church smelt of Judaisme and Popery and to take from the Church what our Ancestors had given was Reformation declared that what Moses saith in the 90th Psalme was likely to
be verified of Religion and Gods Service amongst us The time thereof may be Threescore years and ten if it continue till Fourscore it will be but small joy to those that shall then behold the Condition of the English Church and the best read Historian cannot produce one example of a happy State where the Clergy hath been exposed to the peoples Contempt which must needs happen where their Benefices their Maintenance is scandalous and their Persons despicable It is the last Trick saith St. Gregory that the Devil hath in this World when he cannot bring the Word and Sacraments in disgrace by Errours and Heresies he invented this Project to bring the Clergy into contempt and low esteem as it is now in England where they are accounted by many as the dross and refuse of the Nation Men think it a stain to their blood to place their Sons in that Function and Women ashamed to marry with any of them whereas antiently in England as among the Jews the Tribe of Levi was counted Noble above all other Tribes except that of the Royal Tribe of Judah the Function of the Clergy was of so high account and esteem that not only the best Gentry and Nobility but divers of the Sons and Brothers of divers of our English Kings since the Conquest and before disdained not to enter into Holy Orders and to be Clergy-men as at this day is practised in most other Monarchies of Christendome Ethelwolph Son and Successor to Egbert first sole King of England was in Holy Orders and Bishop of Winchester at his Fathers death Odo Bishop of Bayeux in Normandy was Brother to William the Conquerour Henry de Blois Brother to King Stephen was Bishop of Winchester Geofry Plantagenet Son to Henry 2 was Bishop of Lincoln Henry de Beaufort Brother to Henry the 4th was Bishop also of Winchester And of later Times that most prudent Henry 7 had designed his second Son to be a Clergyman to omit many others of Noble Blood Which Policy is still observed even amongst the few Families of the Romish Religion in England wherein are to be found at this day some Brothers or Sons of Dukes Marquisses Earls and Barons in Holy Orders and all the rest of the Stock of Baronets Knights or Gentry and for this cause find respect not only amongst those of their own Opinions but even of the more sober moderate and best civilized Protestants Whilst this Policy lasted in England the Clergy were judged the fittest Persons to execute most of the Chief Offices and Places of the Kingdom according to the Divine Policy amongst Gods peculiar People where the Priests and Levites were the Principal Officers and Judges in every Court to whom the People were to be obedient on pain of death and the Laity did with much reverence and respect submit to them And as then Os Sacerdotis Oraculum erat plebis according to that of Malachi 2. 7. So Os Episcopi Oraculum erat Regis Regni Rex amplectabatur universum Clerum lata fronte ex eo semper sibi eligebat primos a Consiliis primos ad officia Regni obeunda Primi igitur sedebant in omni Regni Comitiis Tribunalibus Episcopi in Regali quidem Palatio cum Regni Magnatibus in Comitatu una cum Comite in Turno cum Vicecomite in Hundredo cum Domino Hundredi sic ut in promovenda Justitia usquequaque gladius gladium adjuvaret nihil inconsulto Sacerdote vel Episcopo ageretur And because the Weal of the Kingdom and the Service of the King depended so much upon them and their presence for that end so oft required at London it was judged expedient that every Bishoprick should have a Palace or House belonging to it in or about London and it is known at this day where stood the Houses of every one except that of St. Asaph which also might probably have had one but more obscure than some other that Bishoprick having been as still very mean Great was the Authority of the Clergy in those dayes and their Memory should be precious in these dayes if we consider that they were the Authors of so great benefits and advantages to this Kingdom that there are few things of any importance for promoting of the welfare of this Church and State wherein the Bishops and Prelats under God have not been the Principal Instruments The Excellent Laws made by King Ina King Athelstan King Edmund and St. Edward from whom we have our Common Laws and our Priviledges mentioned in Magna Charta were all made by the perswasions and advice of Bishops and Archbishops named in our Histories The Union of the 2 Houses of York and Lancaster whereby a long and bloody War was ended was by the most wise Advice and Counsel of Bishop Morton then a Privy Councellour The Union of England and Scotland that inexpressible advantage to both Nations was brought to pass by the long fore-sight of Reverend Bishop Fox a Privy Councellour in advising Henry the 7th to match his Eldest Daughter to Scotland and his Younger to France Most of the Great Publick Works now remaining in England acknowledge their antient and present being either to the sole Cost and Charges or to the liberal Contributions or at least to the powerful Perswasions of Bishops as most of the best endowed Colledges in both our Vniversities very many Hospitals Churches Palaces Castles have been founded and built by Bishops even that famous chargeable and difficult Structure of London-Bridge stands obliged to the liberal Contributions of an Archbishop and it was a Bishop of London at whose earnest request William the Conquerour granted to the City of London so large Priviledges that in a grateful remembrance thereof the Lord Mayor and Aldermen to this day upon some solemn dayes of their resort to St. Pauls Church do go in Procession to the Grave Stone where that Bishop lies interred But above all The Converting England to the Christian Religion the Reforming that Religion when corrupted and since that the maintenance of the Doctrine thereof against all Romish Writers and of the Discipline thereof none of the least good Offices against all the Practices and Power of the Puritan and Presbyterian Factions and all those other Sectaries lineally descended from them all this and more is owing if not solely yet principally to Bishops and Prelats by the late want of whom to sit at the Stern how soon was this goodly Vessel split upon the Rocks of Anarchy and Confusion Even since the late Restauration of Bishops to set down the many considerable Publick Benefits flowing from them and other Dignified Clergy would tire the Reader What Sums of Money have been by them expended in repairing Cathedral Churches Episcopal Houses in founding and building Hospitals in Charity to poor Widdows of Clergymen utterly ruined by the late Rebels for redeeming of poor Christian Slaves at Algier what publick and private Sums for supplying the Kings Necessities at his