French Nation began to take Surnames with de prefixt as at this day is their usual manner The English also took to themselves Surnames but not generally by the Common People till the Raign of Edw. 2. At first for Surnames the English Gentry took the Name of their Birth-place or Habitation as Thomas of Aston or East-Town John of Sutton or South-Town and as they altered their Habitation so they altered their Surname After when they became Lords of places they called themselves Thomas Aston of Aston John Sutton of Sutton The Common People for Surnames added their Fathers Name with Son at the end thereof as Thomas Johnson Robert Richardson They also oft took their Fathers Nick Name or abbreviation with addition of s as Gibs the Nick Name or abbreviation of Gilbert Hobs of Robert Nicks of Nicholas Bates of Bartholomew Sams of Samuel and thence also Gibson Hobson Nickson Batson Samson c. Many also were surnamed from their Trade as Smith Joyner Weaver c. Or from their Office as Porter Steward Sheepheard Carter or from their Place of Abode as Atwood Atwell Athill which since are shrunk into Wood Wells Hill The Normans at their first coming into England brought Surnames for many of their Gentry with de prefixt as the French Gentry doth generally at this day and their Christian Names were generally German they being originally descended from a part of North Germany And some for about 200 years after the Conquest took for Surname their Fathers Christian Name with Fitz or Fils prefixt as Robert Fitz-William Henry Fitz-Gerard c. The Britains or Welsh more lately civilized did not take Surnames till of late years and that for the most part only by leaving out a in ap and annexing the p to their Fathers Christian Name as instead of Evan ap Rice now Evan Price so instead of ap Howel Powel ap Hughe Pughe ap Rogers Progers c. The most ancient Families and of best account for Surnames in England are either those that are taken from Places in Normandy and thereabouts in France and from some other Transmarine Countries or else from Places in England and Scotland as Devereux Seymour Nevile Montague Mohun Biron Bruges Clifford Berkley Darcy Stourton c. which antiently had all de prefixt but of later times generally neglected Of the Government of ENGLAND in general OF Governments there can be but three Kinds for either One or More or All must have the Soveragn Power of a Nation If One then it is a Monarchy If More that is an Assembly of Choice Persons then it is an Aristocracy If All that is the General Assembly of the People then it is a Democracy Of all Governments the Monarchical as most resembling the Divinity and nearest approaching to perfection unity being the perfection of all things hath ever been estemed the most excellent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the Transgressions of a Land many are the Princes or Rulers thereof Prov. 28. 2. Of Monarchies some are Despotical where the Subjects like Servants are at the Arbitrary Power and Will of their Soveraign as the Turks and Barbarians Others Political or Paternal where the Subject like Children under a Father are governed by equal and just Laws consented and sworn unto by the King as is done by all Christian Princes at their Coronations Of Paternal Monarchies some are Hereditary where the Crown descends either only to Heirs Male as in France or next of Blood as in Spain England c. Others Elective where upon the death of every Prince without respect had to the Heirs or next of Blood another by Solemn Election is appointed to succeed as in Poland and Hungary and till of late in Denmark and Bohemia Of Hereditary Paternal Monarchies some are dependent and holden of Earthly Potentates and are obliged to do Homage for the same as the Kingdoms of Scotland and Man that held in Capite of the Crown of England and the Kingdome of Naples holden of the Pope others independent holden only of God acknowledging no other Superiour upon Earth England is an Hereditary Paternal Monarchy governed by one Supreme Independent and Undeposable Head according to the known Laws and Customs of the Kingdom It is a Free Monarchy challenging above many other European Kingdoms a freedom from all Subjection to the Emperour or Laws of the Empire for that the Roman Emperours obtaining antiently the Dominion of this Land by force of Arms and afterwards abandoning the same the Right by the Law of Nations returned to the former Owners pro derelicto as Civilians speak It is a Monarchy free from all manner of Subjection to the Bishop of Rome and thereby from divers inconveniencies and burdens under which the neighbouring Kingdoms groan as Appeals to Rome in sundry Ecclesiastical Suits Provisions and Dispensations in several cases to be procured from thence many Tributes and Taxes paid to that Bishop c. It is a Monarchy free from all Interregnum and with it from many mischiefs whereunto Elective Kingdoms are subject England is such a Monarchy as that by the necessary subordinate Concurrence of the Lords and Commons in the making and repealing all Statutes or Acts of Parliament it hath the main advantages of an Aristocracy and of a Democracy and yet free from the disadvantages and evils of either It is such a Monarchy as by a most admirable temperament affords very much to the Industry Liberty and Happiness of the Subject and yet reserves enough for the Majesty and Prerogative of any King that will own his people as Subjects not as Slaves It is a Kingdom that of all the Kingdoms of the World is most like the Kingdom of Jesus Christs whose yoke is easie whose burden is light It is a Monarchy that without interruption hath been continued almost 1000 years and till of late without any attempts of change of that Government so that to this sort of Government the English seem to be naturally inclined and therefore during the late Bouleversations or over-turnings when all the art that the Devil or Man could imagine was industriously made use of to change this Monarchy into a Democracy this Kingdom into a Common-wealth the most and the best of English Men the general Spirit and Genius of the Nation not so much the Presbiterian or Royalist by mighty though invisible influence concurred at once to restore their exiled Soveraign and re-establish that antient Government Of the KING of ENGLAND THe King is so called from the Saxon word Koning intimating Power and Knowledge wherewith every Soveraigne should especially be invested The Title antiently of the Saxon King Edgar was Anglorum Basileus Dominus quatuor Marium viz. the British German Irish and Deucalidonian Seas and sometimes Anglorum Basileus omniumque Regum Insularum Oceanique Britanniam circumsacentis cunctarumque Nationum quae infra eum includuntur Imperator Dominus The Modern Title more modest is Dei Gratiâ of England Scotland France and Ireland King Defender
of the Faith The King only is Dei Gratiâ simply i.e. from the favour of none but God and the Archbishops and Bishops that pretend to that Title must understand Dei gratiâ Regis or Dei gratiâ voluntate Regis Defender of the Faith was antiently used by the Kings of England as appears by several Charters granted to the University of Oxford but in the year 1521 more affixt by a Bull from Pope Leo the Tenth for a Book written by Henry the Eighth against Luthers in defence of some points of the Romish Religion but since continued for defence of the Antient Catholck and Apostolick Faith Primogenitus Ecclesiae belongs to the Kings of England because their Predecessor Lucius was the first King that embraced Christianity Christianissimus was by the Lateran Council under Pope Julius the 2d conferred on the Kings of England in the 5th year of Henry 8 though now used only by the French King The Title of Grace was first given to the King about the time of H. 4. to H. 6. Excellent Grace to Ed. 4. High and Mighty Prince to Hen. 8. first Highness then Majesty and now Sacred Majesty after the Custom of the Eastern Emperours that used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The King of England in his Publick Instruments and Letters stiles himself Nos We in the plural number before King John's time the Kings used the singular number which Custom is still seen in the end of Writs Teste meipso 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
Second State or Nobility of England p. 405. to p. 457. and therein of their Degrees Priviledges Precedence State Revenues c. p. 417. A Catalogue of all the Peers of England according to their Precedence p. 439. Of the Third State or Commons of England p. 457. Of Knights Esquires Gentlemen Yeomen Citizens Handycrafts c. p. 472. Of the Liberties and Properties of the English Subjects p. 493. Of the Women in England p. 497. Of the Children p. 509. Of the Servants p. 513. OF ENGLAND ENgland the better part of the best Iland in the whole World antiently with Scotland called Britain and sometimes Albion was about 800 years after the Incarnation of Christ by special Edict of King Egbert descended from the Angles a people of the Lower Saxony named Angle or Englelond thence by the French called Angleterre by the Germans Engeland and by the Inhabitants England It is situated between the Degrees 16 and 21 Longitude equal with Normandy and Britany in France and between 50 and 57 Northern Latitude equal with Flanders Zeland Holland Lower Saxony and Denmark The longest day in the most Northern part is 16 hours 44 minutes and the shortest 7 hours 16 minutes It is in length 386 miles in breadth 279 in compass by reason of the many Bayes and Promontories about 1300 miles in shape triangular contains by computation about 30 Millions of Acres about the thousandth part of the Globe and 333d part of the habitable earth almost ten times as big as the United Neatherlands five times as big as the Spanish Neatherlands less than all Italy by almost one half and in comparison of France is as 30 to 82. The Aire is far more mild and temperate if not more healthy than any part of the Continent under the same Climat By reason of the warm vapours of the Sea on every side and the very often Winds from the huge Western Sea the Cold in Winter is less sharp than in some parts of France and Italy though more Southern By reason of the continual blasts from Sea the Heat in Summer is less scorching than in some parts of the Continent that lies more Northern As in Summer the gentle Winds and frequent Showres qualifie all violent Heats and Droughts so in Winter the Frosts do only meliorate the cultivated Soyle and the Snow keep warm the tender Plants It is blessed with a very fertile wholsome Soyle watered abundantly with Springs and Streams and in divers parts with great Navigable Rivers few barren Mountains or craggy Rocks but generally gentle pleasant Hills and fruitful Valleys apt for Grain Corn or Wood. The excellency of the English Soyle may be learnt as Varro advised of old from the Complection of the Inhabitants who therein excell all other Nations or else from the high value put upon it by the Romans and the Saxons who â—ookt upon it as such a precious â—pot of ground that they thought it worthy to be fenced â—n like a Garden Plot with a mighty Wall of fourscore miles â—n length viz. from Tinmoâ—th on the German Sea to Solwey Frith on the Irish Sea whereby the Caledonian Bores might be excluded and with a monstrous Dike of fourscore and ten miles viz. from the Mouth of the River Wy to that of the River Dee whereby the Cambrobritan Foxes might be kept out lastly the excellency of her Soyle may also be learnt from those transcendent Elogies bestowed on her by Antient and Modern Writers calling England the Granary of the Western World the Seat of Ceres c. That her Valleys are like Eden her Hills like Lebanon her Springs as Pisgah and her Rivers as Jordan That she is a Paradise of Pleasure and the Garden of God O fortunata omnibus terris beatior Britannia te omnibus coeli ac soli ditavit Natura tibi nihil inest quod vitae offendat tibi nihil deest quod vita desiderat ita ut alter orbis extra orbem poni ad delicias humani generis videaris O happy and blessed Britanie above all other Countries in the World Nature hath enricht thee with all the blessings of Heaven and Earth Nothing in thee is hurtful to Mankind nothing wanting in thee that is desirable in so much that thou seemest another World placed besides or without the great World meerly for the delight and pleasure of Mankind As it is divided from the rest of the World so by reason of its great abundance of all things necessary for the life of Man it may without the contribution of any other part of the World more easily subsist than any of its Neighbouring Countries Terra suis contenta bonis non indiga mercis First for Food what plenty every where of Sheep Oxen Swine Fallow Deer and Coneys what plenty of Hens Ducks Geese Turkeys Swans Peacocks Phesants Partridges Woodcocks Snipes Plovers Quailes Herons Bustards Heath Cocks or Grouse Thrushes or Throstles Black-birds Veldevers Nightingales Pigeons and Larks What plenty of Salmon Trouts Carps Tench Lampreys Pikes Perches Eeles Crevish Flounders Plaice Shads Mullets What great abundance of Herrings Pilchards Oysters Lobsters Crabs Mackerel Whitings Soles Smelts Sprats Prawnes Ruffes c. What great plenty of Apples Pears Plums and Cherries How doth England abound with Wheat Barly Pulse Beans and Oates with excellent Butter and Cheese with most sorts of Edible Roots and Herbs It wants not Red Deer Hare Goats c. It wants not Wild-Ducks Wild-Geese Puffins Snipes God-wits and many other kind of Sea-fowl It wants not Apricocks Peaches Nectarins Grapes Figgs Melons Quinces c. Walnuts and Hasel-nuts Lastly for Drinks England abounds with Beer Ale Sider Perry and in some places with Metheglin Now of all these things there is such a constant continuance by reason of the Clemency of the Climat that scarce the least Famine which frequenteth other Countries hath been felt in England these 300 years Then for Rayment England produceth generally not onely very Fine Wooll which makes our Cloth more lasting than other Countrey Cloth and better conditioned against Wind Weather but also such great abundance of Wooll that not onely all sorts from the highest to the lowest are clothed therewith but so much hath been heretofore transported beyond the Seas that in honour of the English Wooll that broughâ— heretofore such plenty of Golâ— into the Territories of Charleâ— the puissant and bold Duke of Burgundy where the Staple for English Wooll was then keptâ— he instituted that famous Military Order of the Golden Fleece aâ— this day in highest esteem with the whole House of Austria This abundance and cheapness of Wooll in England proceeds not onely from the goodness of the Soyle but also from the freedom from Wolves and temperateness of Heat and Cold which in other Countries creates a great charge of a constant guarding their Sheep and housing them by Night and sometimes by Day Also for advancing the Manufacture of Cloth that necessary Earth called Fullers Earth
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
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
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
him Prince of Wales and bestowed on him all the Lands Honours and Revenues belonging to the said Principality The Prince hath ever since been stiled Prince of Wales Duke of Aquitaine and Cornwall and Earl of Chester and Flint which Earldomes are alwayes conferred upon him by his Patent since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but more ordinarily the Prince of Wales As Eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth The King of Englands Eldest Son so long as Normandy remained in their hands was alwayes stiled Duke of Normandy Antiently the Princes of Wales whilest they were Soveraigns bare quarterly Gules and Or 4 Lyons passant gardant counterchanged The Arms of the Prince of Wales differ from those of the King only by addition of a Labell of three points and the Device of the Prince is a Coronet beautified with three Ostrich Feathers inscribed with Ich dien which in the German or old Saxon Tongue is I serve alluding perhaps to that in the Gospel The Heir whilest his Father liveth differeth not from a Servant This Device was born at the Battel of Cressy by John King of Bohcmia as serving there under the King of the French and there slain by Edward the Black Prince and since worn by the Princes of Wales and by the Vulgar called the Princes Arms. The Prince by our Law is reputed as the same Person with the King and so declared by a Statute of Henry 8. Corruscat enim Princeps say our Lawyers radiis Regis Patris sui censetur una persona cum ipso And the Civilians say the Kings Eldest Son may be stiled a King He hath certain Priviledges above other Persons To imagine the death of the Prince to violate the Wife of the Prince is made High Treason Hath heretofore had priviledge of having a Purveyor and taking Purveyance as the King To retain and qualifie as many Chaplains as he shall please To the Prince at the Age of 15 is due a certain Aid of Moneys from all the Kings Tenants and all that hold of him in Capite by Knight Service and Free Socage to make him a Knight Yet as the Prince in nature is a distinct person from the King so in Law also in some cases He is a Subject holdeth his Principalities and Seignories of the King giveth the same respect to the King as other Subjects do The Revenues belonging to the Prince since much of the Lands and Demesnes of that Dutchy have been aliened are especially out of the Tinne Mines in Cornwall which with all other profits of that Dutchy amount yearly to the summe of The Revenues of the Principality of Wales surveyed 200 years ago was above 4680 l. yearly a rich Estate according to the value of Money in those dayes At present his whole Revenues may amount to Till the Prince come to be 14 years old all things belonging to the Principality oâ— Wales were wont to be disposed of by Commissioners consisting of some principal Persons of the Clergy and Nobility The Cadets or younger Son of England are created noâ— born Dukes or Earls of what Places or Titles the King pleaseth They have no certain Appanages as in France but onely what the good pleasure of the King bestows upon them All the Kings Sons are Consilii nati by Birth-right Counsellors of State that so they may grow up in the weighty affairs of the Kingdom The Daughters of England are stiled Princesse the eldest of which have an Aid or certain rate of Money paid by every Tenant in Capite Knight Service and Soccage towards her Dowry or Marriage Portion To all the Kings Children belong the Title of Royal Highness All Subjects are to be uncovered in their presence to kneel when they are admitted to kiss their hands and at Table they are out of the Kings Presence served on the Knee The Children the Brothers and Sisters of the King if Plaintiffs the summons in the Process need not have the solemnity of 15 dayes as in Case of other Subjects The Natural or Illegitimate Sons and Daughters of the King after they are acknowledged by the King take precedence of all the Nobles under those of the Blood Royal. They bear what Surname the King pleaseth to give them and for Arms the Arms of England with a Bend Sinister border Gobionnee or some other mark of illegitimation Some Kings of England have acknowledged many and had more illegitimate Sons and Daughters King Henry the First had no fewer than sixteeen illegitimate Children Henry the Eighth amongst others had one by Elizabeth Blount named Henry Fitzroy created by him Duke of Somerset and Richmond Earl of Notingham and Lord High Admiral of England Ireland and Aquitain OF THE PRESENT KING OF ENGLAND THe King now raigning is CHARLES the Second of that Name His Name of Baptisme Charles in the German Tongue signifies one of a Masculine strength or vertue The Royal and also the most princely and antient Families of Europe at this day have properly no Surnames for neither is Burbon the Surname but the Title of the Royal Family of France nor Austria of Spain nor Stuart of England since the coming in of King James nor Theodore or Tudor for his 5 immediate Ancestors in England nor Plantagenet for 11 Generations before as some vainly think for although Geffery Duke of Anjou was surnamed Plantagenet from a Broom Stalk commonly worn in his Bonnet yet his Son H. 2. King of England was surnamed Fitz-empresse and his Son Richard Coeur de Lion So Owen Grandfather to King Henry 7. was ap Meredith and he ap Theodore pronounc'd Tyder Surnames being then but little in use amongst the Cambrobritans So Walter Father to Robert King of Scotland from whom our present King is descended was only by Office Grand Seneschal or High Steward or Stuart of Scotland though of later times by a long vulgar errour it hath so prevailed that they are accounted Surnames of many Families descended from him Steward is a Contraction from the Saxon word Stedeward that is in Latine Locum-tenens in French Lieu-tenant because the Lord High Steward was Regis Locum tenens a Name not unfit for any King who is Dei Locum tenens Gods Stuart or Lieutenant or Vicegerent upon Earth The King now raigning is Son to King Charles the Martyr and the Princess Henretta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his Veins all the Royal Blood of Europe concentred Is descended lineally and lawfully from the British Saxon Danish Norman and Scottish Kings and Princes of this Island From the first British King the 139th Monarch from the Scottish in a continued Succession for almost 2000 years the 109th from the Saxon the 46th and from the first of the Norman Line the 26th King So that for Royal
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.
but to have expedition of Justice At the beginning of Parliament when the Oath of Supremacy is exacted of all those of the House of Commons yet is it not reqnired of any of the Lords because the King is otherwise assured of their Loyalty and Fidelity as is presumed In all Cases wherein the Priviledge of Clergy is allowed to other men and also in divers Cases where that Priviledge is taken away from other men every Peer of the Realm having Place and Voice in Parliament shall upon his Request by Stat. 1. Ed. 6. without burning in the hand loss of Inheritance or corruption of Blood be adjudged for the first time as a Clerk convict though he cannot read All Barons of England are exempted from all attendance at Sherives Turns or any Leets as others are to take the Oath of Allegeance A Peer cannot be outlawed in any Civil Action because he cannot be arrested by any Capias and by the same reason lies no Attachment against him By the Custom of England as is by the Law of the Empire Nobiles non torquentur in quibus plebeii torquerentur Nobiles non suspenduntur sed decapitantur yet this by the meer favour of the King and in some cases especially of Felony hath been otherwise sometimes For the suppressing of Riots and Routs the Sheriff may raise the Posse Comitatus that is â—all able men are to assist him yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service A Baron of Parliament being sent for by the Kings Writ or Letter or by his Messenger to come to Court or to Parliament or to appear before the Council-Board or in his Court of Chancery may both coming and returning by the Kings Forest or Park kill one or two Deer In any Civil Trial where a Peer of the Realm is Plaintiff or Defendant there must be returned of the Jury at least one Knight otherwise the Array may be quasht by Challenge The Laws of England are so tender of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose to prohibit all offence by false reports whereby any scandal to their persons may arise or debate and discord between them and the Commons and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm it is called Scandalum Magnatum If a Peer of the Realm appear not upon a Subpena yet may not an Attachment be awarded against him as it may against a common person though of later times the practice hath been otherwise The House of a Peer cannot in some Cases as in search for Prohibited Books for Conventicles c. be enâ—â—red by Officers of Justice without a Warrant under the Kings own hand and the hands of 6 of his Privy Council whereof 4 to be Peers of the Realm No Peer can be assessed towards the standing Militia but by 6 or more of themselves The Law allowing any one of the Commonalty to be arâ—aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause and others by shewing cause yet allows not a Peer of the Realm to challenge any of his Jury or to put any of them to their Oath the Law presuming that they being all Peers of the Realm and judging upon their Honour cannot be guilty of Falshood oâ— Favour or Malice All Peers of the Realm have a Priviledge of qualifying a certain number of Chaplains who after a Dispensation from the Archbishop if to him iâ— seem good and the same ratified under the Great Seal of England may hold Plurality of Benefices with Cure of Souls In this manner every Duke may qualifie 6 Chaplains every Marquiss and Earl 5 apiece every Vicount 4 and every Baron 3. A Peer of the Realm may retain 6 Aliens born whereas another may not retain above 4. In Case of Amercements of the Peers of the Realm upon Non-suits or other Judgements a Duke is to be amerâ—ed only 10 pounds and all under only 5 l. and this to be done by their Peers accordâ—ng to Magna Charta alâ—hough it is oft done by the Kings Justices instead of their Peers All Peers of the Realm beâ—ng constant hereditary Councellours of the King in his Great Council of Parliament and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges are priviledged from contributing to the Expences of any Member of the House of Commons for which no levy may be made upon any of their Lands parcel of their Earldoms or Baronies any of their antient Demesnes Copyhold or Villain Tenants The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages satisfaction is to be sought by Execution taken forth upon their Lands and Goods and not by Attachments Imprisonments of their Persons those are to be alwayes free for the Service of the King and Kingdome noâ— by Exigents or Capias Utlegatum c. Other Priviledges belong to the Peers of England as 8â— Tun of Wine Custome free to every Earl and to the rest proportionably c. Notwithstanding these great Priviledges belonging to the Nobility of England yet the greatest of them no not the Brother or Son of the King ever had the Priviledge of the Grandees of Spain to be covered in the Kings Presence except only Henry Ratcliffe Earl of Surrey as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France whose Domain Lands and their Dependants holding them are exempted from all Contributions and Tailles whereby they are tied to their King and so enabled to serve him that although Rebellions are frequent yet seldome of long continuance and never prosperous whereas the highest born Subject of England hath herein no more Priviledge than the meanest Plowman but utterly want that kind of reward for antient Vertue and encouragement for future Industry Touching the Places or Precedences amongst the Peers of England it is to be observed that after the King and Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and noâ— farther Dukes amongst the Nobility have the first place then Marquisses Dukes eldest Sons Earls Marquisses eldest Sons Dukes younger Sons Vicounts Earls eldest Sons Marquisses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons Here note That it was decreed by King James that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter quateâ—us tales and to all Privy Councellours Master of the Wards Chancellour and Under Treasurer of the Exchequer Chancellour of the Dutchy Chief Justice of the Kings Bench Master of the Rolls Chief Justice of the Common Pleas Chief Baron of the Exchequer and all other Judges and Barons of the Degree of the Coise of the said Courts
of all sublunary things and remember that there was once a time when the Juvenes Nobiles in Old English the Edel Knaben were so leud that those words came at length to signifie as now Idle Knaves Of the Commonalty or Third State of England THe Law of England contrary to the Laws and Customs of other Countries â—alleth none Noble under a Baron so that not only all Baronets all sorts of Knights all Esquires and Gentlemen but also all the Sons of the Nobility are by our Law reckoned amongst the Commons of England and therefore the eldest Son of a Duke though by the Courtesie of England stiled an Earl yet shall be arraigned by the Stile of Esquire only and may be tried by a Jury of Common Freeholders and in Parliament can sit only in the House of Commons if elected till called by the Kings Writ to the Lords House Yet doth it seem very absurd that all Noblemens Sons with all Knights Esquires and Gentlemen should be esteemed Plebeans but rather as in Rome they were in a middle Rank inter Senatores Plebem or else as â—n other Christian Kingdomes they should be considered as â—he Minor Nobilitas Regni so â—hat as Barons and all above may be stiled Nobiles Majores â—o from a Baron downward to â—he Yeoman all may be not â—â—fitly stiled Nobiles Minores The Lower Nobility then of England consists of Baroâ—ets Knights Esquires and Gentlemen The next Degree to Barons â—re Baronets which is the lowâ—st Degree of Honour that is â—ereditary An Honour first â—nstituted by King James Anno â—611 given by Patent to a Man and his Heirs Males of his Body lawfully begotten for â—hich each one is obliged to â—ay into the Exchequer so much money as will for 3 years at 8â— d. per diem pay 30 Foot Souldiers to serve in the Province oâ— Vlster in Ireland which summe amounts to 1095 l. which with Fees doth commonly arise to 1200 l. Baronets have precedencâ— before all Knights excepâ— Knights of the Garter and Knights Bannerets made under the Kings Banner or Standard displaied in an Army Royaâ— in open War and the Kinâ— personally present Baronets have the Priviledgi to bear in a Canton of theiâ— Coat of Arms or in a wholâ— Scutcheon the Arms of Vlster viz. In a Field Argent a Hanâ— Gules also in the Kings Armies to have place in the gros near the Kings Standard witâ— some other particulars for their Funerals The whole number of Baronets in England are not to exceed 200 at one and the same time after which number compleated as any for want of heirs come to be extinct the number shall not be made up by new Creations but be suffered to diminish as appears by their Patent No Honour is ever to be created between Baronets and Barons The first Baronet that was created was Sir Nicholas Bacon of Suffolk whose Successor is therefore stiled Primus Baronettorum Angliae This Word Knight is derived from the German Word Knecht signifying originally 〈◊〉 Lusty Servitor The Germans as the antient Romans gave their young men Togam Virilem by Publick Authority bestowed on their young men able to manage Arms a Shield and a Javelin as fit for Martial Service and to be a Member of the Common wealth accounted before but a part of a Family and such a young man publickly allowed they called Knecht whence we had our Institution of Knighthood The thing Knight is at this day signified in Latine French Spanish Italian and also in the High and Low Dutch Tongues by a Word that properly signifies a Horseman because they were wont to serve in War on Horsback and were sometimes in England called Radenyhts id est Riding Servitors yet our Common Law stiles them Milites because they commonly held Lands in Knights Service to serve the King in his Wars as Soldiers The Honour of Knighthood is commonly given for some personal desert and therefore dies with the person deserving and descends not to his Son In England there are several sorts of Knights whereof the chiefest are those of the Order of St. George commonly called Knights of the Garter This Order is esteemed the most Honourable and most Antient of any now in use in Christendom It began as appears in the Statutes of this Order in the 23th year of the Warlike and Puissant King Edward 3 who was Founder thereof and at first made choice of the most Illustrious Persons of Europe to be of that Royal Society no doubt upon a Martial and not upon any such Amorous Account as is intimated Page 96 of this Treatise which ridiculous Story to the dishonour of the Order was first fancied by Polydore Virgil and since upon his credit taken up by many late Authors It appears by Antient Writings that this Honourable Company is a Colledge or Corporation having a Great Seal belonging to it and consisting of a Soveraign Guardian which is alwayes the King of England and of 25 Companions called Knights of the Garter of 14 Secular Canons that are Priests of 13 Vicars who are also Priests of 26 poor Knights who have no other Maintenance but the allowance of this Colledge which is given them in respect of their Prayers to the Honour of God and of St. George who is the Patron of England and of this Order in particular and is none of those Fabulous St. Georges as some have vainly fancied but that famous Saint and Soldier of Christ St. George of Cappadocia a Saint so universally received in all Parts of Christendom so generally attested by the Ecclesiastical Writers of all Ages from the time of his Martyrdome till this day that no one Saint in all the Calendar except those attested by Scripture can be better evidenced There be also certain Officers belonging to this Order as the Prelate of the Garter which Office is settled on the Bishoprick of VVinchester A Chancellour of the Garter A Register who of later times hath been constantly the Dean of VVindsor though antiently it was otherwise The Principal King at Arms called Garter whose chief function is to manage and marshal their Solemnities at their Installations and Feasts Lastly The Usher of the Garter There are also certain Orders and Constitutions belonging to this Society touching the Solemnities in making these Knights their Duties after Creation and their high Priviledges too long for this place The Colledge is seated in the Castle of VVindsor with the Chappel of St. George there erected by King Edward 3. and the Chapter House The Order of the Garter is wont to be bestowed upon the most excellent and renowned Persons for Honour and Vertue and with it a Blew Garter deckt with Gold Pearl and Pretious Stones and a Buckle of Gold to be worn daily on the Left Leg also at High Feasts they are to wear a Surcoat a Mantle a Black Velvet Cap a Coller of Garters and other stately and magnificent Apparel They are not to be seen abroad without their
Freeholders which are so called because they hold Lands or Tenements inheritable by a perpetual Right to them and their heirs for ever there are in England a very great number of Copyholders who hold Lands within some Mannors only by Copy of Court Roll of the said Mannour c. have Jus perpetuum utile Dominium though not Allodium directum Dominium which none in England but the King hath Amongst the Commons of England in the next place are reckoned Tradesmen amongst whom Merchants of Forrein Trafick have for their great benefit to the publick for their great Endowments and generous living been of best repute in England and although the Law of England look upon Tradesmen and Chapmen that live by buying and selling as a baser sort of people and that a Ward within age may bring his Action of Disparagement against his Guardian for offering any such in Marriage yet in England as well as Italy to become a Merchant of Forreign Commerce without serving any Apprentisage hath been allowed as no disparagement to a Gentleman born especially to a younger Brother Amongst Tradesmen in the next place are Whole-sale-men then Retailers lastly Mechanicks or Handy-crafts-men These are all capable of bearing some Sway or Office in Cities and Towns Corporate The lowest Member the Feet of the Body Politique are the Day-Labourers who by their large Wages given them and the cheapness of all Necessaries enjoy better Dwellings Diet and Apparel in England than the Husbandmen do in many other Countries Liberties and Properties As the Clergy and Nobility have certain Priviledges peculiar to themselves so they have Liberties and Properties common to the Commonalty of England The Commons of England for hereditary fundamental Liberties and Properties are blest above and beyond the Subjects of any Monarch in the World First No Freemen of England ought to be imprisoned or otherwise restrained without cause shewn for which by Law he ought to be so imprisoned Secondly To him that is imprisoned may not be denied a Writ of Habeas Corpus if it be desired Thirdly If no cause of Imprisonment be alledged and the same be returned upon an Habeas Corpus then the Prisoner ought to be set at Liberty Fourthly No Soldiers can be quartered in the House of any Freeman in time of Peace without his will though they pay for their quarters Fifthly Every Freeman hath such a full and absolute propriety in Goods that no Taxes Loans or Benevolences can be imposed upon them without their own consent by their Representative in Parliament Moreover They have such an absolute Power that they can dispose of all they have how they please even from their own Children and to them in what inequality they will without shewing any cause which other Nations governed by the Civil Law cannot do Sixthly No Englishman may be prest or compelled unless bound by his Tenure to march forth of his County to serve as a Souldier in the wars except in case of a Forreign Enemy invading or a Rebellion at home Nor may he be sent out of the Realm against his will upon any forreign Employment by way of an honourable Banishment Seventhly No Freeman can be tried but by his Peers nor condemned but by the Laws of the Land or by an Act of Parliament Eighthly No Freeman may be fined for any Crime but according to the merit of the Offence alwayes salvo sibâ— contenemente suo in such manner that he may continue and go on in his Calling Briefly If it be considered only that they are subject to no Laws but what they make themselves nor no Taxes but what they impose themselves and pray the King and Lords to consent unto their Liberties and Properties must be acknowledged to be transcendent and their worldly condition most happy and blessed and so far above that of the subjects of any of our Neighbour Nations that as all the Women of Europe would run into England the Paradise of Women if there were a Bridge made over the Sea so all the Men too if there were but an Act for a general Naturalizati-of all Aliens Of the Women Children and Servants of England TOuching the Women of England there are divers things considerable in the English Laws and Customs Women in England with all their Moveable Goods so soon as they are married are wholly in potestate viri at the will and disposition of the Husband If any Goods or Chattels be given to Feme Covert to a Married Woman they all immediately become her Husbands She cannot let set sell give away or alienate any thing without her Husbands consent Her very Necessary Apparel by the Law is not hers in property If she hath any Tenure at all it is in Capite that is she holds it of and by her Husband who is Caput mulieris and therefore the Law saith Uxor fulget radiis mariti All the Chattels personal the Wife had at the Marriage is so much her Husbands that after his death they shall not return to the Wife but go to the Executor or Administrator of the Husband as his other Goods and Chattels except only her Parapherna which are her Necessary Apparel which with the consent of her Husband she may devise by Will not otherwise by our Law because the property and possession even of the Parapherna are in him The Wife can make no Contract without her Husbands consent and in Law matters sine viro respondere non potest The Law of England supposeth a Wife to be in so much Subjection and Obedience to her Husband as to have no will at all of her own Wherefore if a Man and his Wife commit a felony together the Wife by the Law can be neither Principal nor Accessory the Law supposing that in regard of the subjection and obedience she owes to her Husband she was necessitated thereunto The Law of England supposes in the Husband a power over his Wife as over his Child or Servant to correct her when she offends and therefore he must answer for his Wives faults if she wrong another by her Tongue or by Trespass he must make satisfaction So the Law makes it as high a Crime and allots the same punishment to a Woman that shall kill her Husband as to a Woman that shall kill her Father or Master and that is Petty Treason and to be burnt alive So that a Wife in England is de jure but the best of Servants having nothing her own in a more proper sense than a Child hath whom his Father suffers to call many things his own yet can dispose of nothing The Woman upon Marriage loseth not onely the power over her person and her will and the property of her Goods but her very Name for ever after she useth her Husbands Surname and her own is wholly laid aside which is not observed in France and other Countries where the Wife subscribes her self by her Paternal Name as if Susanna the Daughter of R. Clifford be married
is no where else produced in that abundance and excellency as in England Beside there is in England great plenty of excellent Leather for all sorts of uses nor wants it Hemp and Flax at least not ground fit to produce them For Building it wants not Timber nor Iron Stone nor Slate Brick nor Tiles Marble nor Alablaster Mortar nor Lime c. Lead nor Glass For Firing either Wood Sea-Coal or Pit-Coal almost every where to be had at reasonable rates For Shipping no where better Oak no where such Knee Timber as they call it or Iron to make serviceable and durable Guns For War for Coach for Highway and Hunting no where such plenty of Horses also for Plow Cart and Carriages insomuch as Mules and Asses so generally made use of in France Italy and Spain are utterly despised in England Moreover England produceth besides a mighty quantity of Tinne Lead and Iron some Brass Copperas Allome Salt Saffron and divers other beneficial Commodities it wants not Mines of Silver yielding more in their small quantities of Ore and so richer than those of Poâ—osi in the West Indies whence the King of Spain hath most of his Silver those yielding usually but one Ounce and a half of Silver in one hundred Ounces of Ore whereas these in Wales Cornwall Lancashire and the Bishoprick of Durham yield ordinarily 6 or 8 Ounces per Cent. â—ut these lying deep are hard â—o come unto and Workmen â—ear which is otherwise in Poâ—osi Vineyards have been heretoâ—ore common in most of the â—outhern and Middle Parts of England and Silks might be â—ere produced as it was once â—esigned by King James but a great part of the Natives prone to Navigation supplying England at a very cheap rate with all sorts of Wine Silks and all other Forreign Commodities it hath been found far better Husbandry to employ English Ground rather for producing Wooll Corn and Cattle for which it is most proper In a word though some Countries excel England in some things yet in general there is no one Countrey under Heaven whose Aire is better stored with Birds and Fowls Seas and Rivers with Fishes Fields with all sorts of â—orn the Pastures with Cattel the Forests Parks and Woods with Wild Beasts onely for Recreation and Food the Mines with Metals Coals and other Minerals where are fewer ravenous and hurtful Beasts fewer venemous Serpents or noisome Flies fewer Droughts Inundations or Dearths fewer Unwholsom Serenes Pestilential Aires Tempestuous Hurricanes or Destructive Earthquakes lastly where there is a greater abundance of all things necessary for mans life and more especially for all kind of Food insomuch that it hath been judged that there is yearly as much Flesh and Beer consumed in England by over plentiful Tables as would well serve three times the number of People Add to all this that being encompassed with the Sea and well furnisht with Ships and abundance of Commodious and excellent Havens and Ports it excels for safety and security which is no small praise all the Neighbouring Countries if not all the Countries in the World It hath been possest by five several Nations and coveted by many more and no wonder so fair and rich a Lady should have many Lovers it being a Countrey as was said of the Tree in the midst of Paradise good for food pleasant to the eyes and to be desired whereas Scotland Wales Biscay Switzerland and other like Countries continue still in the possession of their Aborigines of the first that laid claim unto them none since judging it worth their pains to dispossesse them The first Inhabitants of England are believed to be the Britains descended from the â—auls subdued afterward by â—he Romans who by reason of â—â—eir troubles nearer home â—ere constrained to abandon this Countrey about 400 years afâ—er Christ whereupon the Picts â—ahabitants of Scotland invaâ—â—ng the Britains they call to â—â—eir aid the Saxons who chaâ—ng away the Picts soon made themselves Masters of the Britains but these not able to enâ—ure the heavy yoke of the â—axons after many Battels and Attempts to recover their lost Liberties and Countrey retired â—r were driven most of them â—nto the two utmost Western â—arren and mountainous parts of this Countrey called afterwards by the Saxons Walishland instead of Gaulishland as the Germans still call Italy Walishland because inhabited by the Cisalpine Gauls and the French call our Countrey of Britains Le Pais de Gales The Saxons solely possest of all the best part of this Isle were for a long time infested and for some time almost subdued by the Danes and afterwards wholly by the Normans who drave not out the Saxons but mixed with them so that the English blood at this day is a mixture chiefly of Normaâ— and Saxon not without 〈◊〉 tincture of Danish Romish and Britain Blood The English Tongue being aâ— present much refined exceedingly copious expressive and significant by reason of a liberty taken by the Natives of borrowing out of all other Languages whatever might conduce thereunto is as their blood a mixture chiefly of the Old Saxon a Dialect of the Teutonick and the Old Norman a Dialect of the French not without some savour of the Britains Romans and Danes Languages The Romans possessing England caused their Tongue the Latine once to be generally used in this Countrey The Saxons succeeding introduced their Language wheresoever they seated themselves The Normans afterwards getting possession of England caused the Norman or French Tongue to be learnt at School by the Saxons and for a long time had all Lawes Pleadings Sermons c. in French The Latine Tongue at present is made use of in Court Rolls Processes of Courts in Charters Commissions Patents Writs Bonds c. The Names of all Shires Cities Towns and Villages Places and Men in England are generally Saxon and so are most Nouns Appellative and a great part of the Verbs In French or rather Norman are still written the Common Laws and learnt by young Students thereof Also some Pleadings and all Mootes and Law Exercises are wholly French In Parliaments the King doth in French signifie his assent or dissent to all Bills The Natives of England by reason of the Temperate Climat Mild Aire not rendred unequal by high Mountains nor unhealthy by many Marshes plenty of wholsome food and the use of Beer rather than Wine pour la belle taille le beau teinct au visage as the French say for a just handsome large proportion of body for clear complexions and pleasing features do surpasse all the Nations of the World The English are generally great Flesh-eaters although by the nearness of the Sea and abundance of Rivers and Fish-ponds there is no want of Fish In former times their Table was in many places covered four times a day they had Breakfasts Dinners Beverages and Suppers and every where set Dinners and Suppers until in the late troubles wherein many eminent families were much impoverisht a
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
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
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
Honourable Estate nor to be a Commander over Souldiers and therefore the English Nobility and Gentry till within late years judged it a stain and diminution to the honour and dignity of their Families to seek their Childrens support by Shop-keeping but only as in all great Monarchies by Military Court State or Church Emploiments much less to subject their Children to an Apprentisage a perfect Servitude for during that time whatever they gain by their Masters Trade or their own wit belongs all to their Master neither can they lie our of their Masters House noâ— take a Wife nor trade of their own but subject to all Houshold Work all Commands oâ— their Master undergo what punishment and eat and wear what their Master pleaseth which Marks of Slavery considered Heralds are of opinion that a Gentleman thereby loses his Gentility for ever till he can otherwise recover it and yet to the shame of our Nation we have seen of fare not onely the Sons of Baroners Knights and Gentlemen sitting in Shops and sometimes of Pedling Trades far more fit for Women and their Daughters but also an Earl of this Kingdom subjecting his Son to an Apprentisage and Trade but the folly of the English in swerving from their Ancestors steps herein as in other things is now apparent for those young Gentlemen possessing more noble and active Spirits could not brook such dull slavish lives and being thereby unfitted for other emploiments have generally taken ill debauched courses Priviledges The lower Nobility of England have fewer and lesse Priviledges than those in other Monarchies Some few Priviledges belong to Knights quatenus Knights 〈◊〉 a Knight be a Minor yet shall he be out of Wardship both for Lands Body and Marriage for though the Law doth judge him not able to do Knights Service till the Age of 21 years yet the King being Sovereign and Supreme Judge of Chivalry by dubbing him Knight doth thereby allow him to be able to do him Knights Service Knights are excused from attendance at Court-Leets They and their eldest Sons not compellable to find Pledges at the Visus Franci Plegii Knights by Magna Charta cap. 21. are so freed that no Demesne Cart of theirs may be taken The Son and Brother of a Knight by Statute law are capacitated to hold more than one Beenfice with cure of Souls By the Stat. Primo Jacobi It seems that Knights and their Sons though they cannot spend 10 l. per annum nor are worth 200 l. may keep Greyhounds Setting Dogs or Nets to take Pheasants or Partridges Some Priviledges also beâ—ong to Gentlemen Antientâ—y if an ignoble person did â—trike a Gentleman in England he was to lose his hand A Gentleman by Stat. Quint. Eliz. may not be comâ—elled to serve in Husbandry The Child of a Gentleman â—rought up to singing cannot â—e taken without the Parents â—nd Friends consent to serve â—n the Kings Chappel as others may The Horse of a Gentleman may not be taken to ride post Note That as there are somâ— Great Officers of the Crownâ— who for their Dignity anâ— Worth of their Places although they are not Noble men yet take place amongâ— the highest of the Higher Nobility so there are some Persons who for their Dignities in the Church-degrees iâ— the University Offices in thâ— State or Army although thâ— are neither Knights nor Gentlemen born yet take place amongst them So all Deanâ— Archdeacons Chancellours Prebends Doctors of Divinity Law and Physick Heads of Houses in the University usually take place nexâ— to Knights and before all Esquires and Gentlemen Likewise all Judges of Courts Mayors Bailiffs Justices of the Peace All Commissionated Officers in the Army as Colonels Master of Artillery Quarter-Master General c. All higher Officers in the Kings Court or State All Sergeants at Law c. These are wont to precede Esquires All Batchelors of Divinity Law and Physick all Doctors in the Arts commonly called Masters of Art all Barresters in the Innes of Court all Captains Officers in the Kings Houshold c. may equal if not precede Gentlemen that have none of those qualifications In England Gentry as in Germany all Nobility and Arms are held in Gavelkind descending to all the Sons alike only the eldest Son beareth Arms without difference which the younger may not Of the low Nobility in England the number is so great that there are reckoned at present above 500 Baronets more than the first intended number that is in all above 700 who are possest one with another of about 1200 l. a year in Lands Of Knights above 1400 who one with another may have about 800 l. Lands a year Of Esquires and Gentlemen above 6000 each one possest one with another of about 400 l. a year in Lands besides younger Brothers whose number may amount to about 16000 in all England who have small Estates in Lands but are commonly bred up to Divinity Law Physick to Court and Military Emploiments but of late too many of them to Shop-keeping The Lands in the possession of the lower Nobility will amount to about four Millions and sixty thousand pounds yearly Next to the lower Nobility and the first Degree of the Commons or Plebeans are the Freeholders in England commonly called Yeomen from the High Dutch Gemen or Gemain in English Common so in the Kings Court it signifieth an Officer which is in a middle place between a Sergeant and a Groom or else from the Low Dutch Yeman Some-body as the Spaniard calls a Gentleman Hidalgo Hijo d' algo that is the Son of Some-body The Yeomanry of England having Lands of their own to a good value and living upon Husbandry are lookt upon as not apt to commit or omit any thing that may endanger their Estates and Credits nor apt to be corrupted or suborned c. wherefore they are judged fit to bear some Offices as of Constable Churchwarden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire for Parliament c. In Cases and Causes the Law of England hath conceived a better opinion of the Yeomanry that occupy Lands then of Tradesmen Artificers or Labourers Husbandry hath in no age rendred a Gentleman ignoble nor uncapable of places of Honour Amongst the Romans some of the greatest Dictators and Consuls had been once Husbandmen and some of them taken from Plowing their Ground to bear those Highest Offices and Dignities so divers Princes Kings and Emperours have exercised Agriculture and the Grand Scipâ—o and the Emperour Dioclesian left their Commands to enjoy Husbandry By the Statutes of England certain Immunities are given to Freeholders and landed men though they are not Gentlemen Vide Stat. 1 Jacobi cap. 27. alibi Of the Free-holders in England there are more in number and richer than in any Countrey of the like extent in Europe 40 or 50 l. a year a piece is very ordinary 100 and 200 l. a year in some Counties is not rare Besides these
to E. Chamberlayn she writes her self Susanna Clifford Chamberlayn Notwithstanding all which their condition de facto is the best in the World for such is the good nature of Englishmen towards their Wives such is their tenderness and respect giving them the uppermost place at Table and elsewhere the right hand every where and putting them upon no drudgery and hardship that if there were a Bridge over into England as aforesaid it is thought all the Women in Europe would run thither Besides in some things the Laws of England are above other Nations so favourable to that Sex as if the Women had voted at the making of them If a Wife bring forth a Child during her Husbands absence though it be for some years within England and not beyond the Seas that Husband must father that Child If a Wife bring forth a Child begotten by any other before Marriage yet the present Husband must own the Child and that Child shall be his Heir at Law The Wife after her Husbands death may challenge the third part of his yearly Rents of Lands during her life and within the City of London a third part of all her Husbands moveables for ever As the Wife doth participate of her Husband Name so likewise of his Condition If he be a Duke she is a Dutchess if he be a night she is a Lady if he be an Alien made a Denison she is ipso facto so too If a Freeman marry a Bondwoman she is also free during the Coverture wherefore it is said as before Uocor fulget radiis Mariti All Women in England are comprised under Noble or Ignoble Noble Women are so three manner of wayes viz. by Creation by Descent and by Marriage The King the Fountain of Honour may and oft hath created Women to be Baronesses Countesses Dutchesses c. By Descent such Women are Noble to whom Lands holden by such Dignity do descend aâ— Heir for Dignities and Titles of Honour for want of Males descend to Females but to one of them onely because they are things in their own nature entire and not to be divided amongst many as the Lands and Tenements are which descend to all the Daughters equally besides by dividing Dignities the Reputation of Honour would be lost and the Strength of the Realm impaired for the Honour and Chevalry of the Realm doth chiefly consist in the Nobility thereof By Marriage all Women are Noble who take to their Husbands any Baron or Peer of the Realm but if afterwards they 〈◊〉 to Men not Noble they 〈◊〉 their former Dignity and follow the condition of their laâ—â— Husband for eodem modo distolvitur earum Nobilitas quo constituitur But Women Noble by Creation or Descent or Birthright remain Noble though they marry Husbands under their Degree for such Nobility is accounted Character indelebilis Here note that by the Courtesie of England a Woman Noble only by Marriage alwayes retaineth her Nobility but if the Kings Daughter marry a Duke or an Earl illa semper dicitur Regalis as well by Law as Courtesie Noble women in the Eye of the Law are as Peers of the Realm and are to be tried by their Peers and to enjoy most other Priviledges Honour and Respect as their Husbands Only they cannot by the opinion of some great Lawyers maintain an Action upon the Statute De Scandalo Magnatum the Makers of that Statute meaning only to provide in that Case for the Great Men and not for the Women as the words of that Statute seem to import Likewise if any of the Kings Servants within his Check Roll should conspice the death of any Noblewoman this were not Felony as it is if like Conspiracy be against a Nobleman None of the Wives Dignities can come by Marriage to their Husbands although all their Goods and Chattels do onely the Wives Lands are to descend to her next Heir yet is the Courtesie of England such that as the Wife for her Dower hath the third part of her Husbands Lands during her life so the Husband for the Dignity of his Sex and for playing the Man in begetting his Wife with Child which must appear by being born alive shall have all his Wives Lands for his Dower if it may be so called during his life By the Constitutions of England married persons are so fast joyned that they may not be wholly separated by any agreement between themselves but only by Sentence of the Judge and such separation is either a Vinculo Matrimonii and that is ob praecontractum vel ob contractum per metum effectum vel ob frigiditatem vel ob affinitatem sive Censanguinitatem vel ob Saevitiam or else such separation is a Mensa Thoro and that is ob Adulterium The Wife in England is accounted so much one with her Husband that she caunot be produced as a witness for or against her Husband Concerning Children in England The Condition of Children in England is different from those in our Neighbour Countries As Husbands have a more absolute Authority over their Wives and their Estates so Fathers have a more absolute Authority over their Children Fathers may give all their Estates from their own Children and all to any one Child and none to the rest the consideration whereof keeps the Children in great awe Children by the Common Law of England are at certain ages enabled to perform certain Acts. A Son at the age of 14 may choose his Guardian may claim his Lands holden in Socage may consent to Marriage may by Will dispose of Goods and Chattels At the age of 15 he ought to be sworn to his Allegeance to the King At 21 he is said to be of full age may then make any Contracts may pass not only Goods but Lands by Will which in other Countries may not be done till the Annus consistentiae the age of 25 when the heat of youth is somewhat abated and they begin to be staied in mind as well as in growth A Daughter at 7 years is to have aid of her Fathers Tenants to marry her for at those years she may consent to Marriage though she may afterwards dissent At 9 she is dowable as if then or soon after she could virum sustinere and thereby Dotem promereri At 12 she is enabled to ratifie and confirm her former consent given to Matrimony and if at that age she dissent not she is bound for ever she may then make a Will of Goods and Chattels At 14 she may receive her Lands into her own hands and is then out of Wardship if she be 14 at the death of her Ancestor At 16 though at the death of her Ancestor she was under 14 she shall be out of Wardship because then she may take a Husband who may be able to perform Knights-service as well as hers At 21 she is enabled to contract or alienate her Lands by Will or otherwise The Eldest Son inherits all Lands and to the younger Children are disposed Goods and Chattels and commonly the Eldest Sons Wives Portion and besides they are carefully educated in some Profession or Trade If there be no Son the Lands as well as Goods are equally divided amongst the Daughters Concerning Servants in England The Condition of Servants in England is much more favourable than it was in our Ancestors dayes when it was so bad that England was called the Purgatory of Servants as it was and is still the Paradise of Wives and the Hell for Horses Ordinary Servants are hired commonly for one year at the end whereof they may be free giving warning 3 Moneths before and may place themselves with other Masters only it is accounted discourteous and unfriendly to take another Mans Servant before leave given by his former Master and indiscreet to take a Servant without a Certificate of his diligence and of his faithfulness in his Service to his former Master All Servants are subject to be corrected by their Masters and Mistresses and resistance in a Servant is punisht with severe penalty but for a Servant to take away the life of his or her Master or Mistris is accounted a Crime next to High Treason and called Petty Treason and hath a peculiar Punishment Capital Slaves in England are none since Christianity prevailed A Slave brought into England is upon landing ipso facto free from Slavery but not from ordinary service Some Lands in England are holden in Villanage to do some particular Services to the Lord of the Mannor and such Tenants may be called the Lords Servants There is a Twofold Tenure called Villanage one where the Tenure only is servile as to plow the Lords ground sow reap and bring home his Corn dung his Land c. the other whereby both Person and Tenure is servile and bound in all respects at the disposition of the Lord such persons are called in Law pure Villans and are to do all Villanous Services to improve the Land he holds to the Lords use themselves to be wholly at the Lords Service and whatever they get is for their Lord of such there are now but few left in England The nearest to this condition are Apprentices that signifies Learuers a sort of Servants that carry the Marks of pure Villans or Bond-slaves as before in the Chapter of Gentry is intimated differing however in this that Apprentices are Slaves only for a time and by Covenant the other are so at the Will of their Masters FINIS Name Climat Dimensions Aire Soyle Comâ—odities Inhabitants Their Language Stature Dyet Attire Buildings Number of Inhabitants Dispositions and humours of the Inhabitants Recreations Weights and Measures Measures Moneys English Coâ—â—â—tation English Numbring English Names Surnamesâ— Name Title Arms. Patrimony Dominions Person Office Power and Prerogative Supremacy and Soveraignty Divinity Respect Minor â—capaâ—ty Absence â—â—me â—erogaâ—es Dignity Eldest Son Title Arms. Dignity Priviledges Revenues Cadets Name Surname Genealogy Birth Baptisme Court Education Marriage Arms. Lord Chancellour Dignity Office Oath Salary Lord Treasurer Oath Office Lord Privy Seal Dignity Admiral Office Chamberlain Constable Earl Marshal High Steward Clergy their Dignity Name Degrees Bishop Archbishop Suffragan Bishop Dean Archdeacon Priviledges of the Clergy Archbishop Canterbury York don Revenues of the Clergy Name Use Degrees Duke Marquisâ— Earl Vicount Baron Priviledges Precedence State Marquiss Earl Vicount Baron Number Revenue Baronets Knights Knights of the Garter Knights Bannerets Knights of the Bath Knights Bachelors Gentleman