afford excellent Fish and wild Fowl in great plenty A noted Place in former time for its wonderfull rich Abbey which continued in its glory till its Dissolution by King Henry VIII This County which formerly was Part of the Kingdom of Mercia and its Inhabitants Part of the Iceni as the Romans called them is now in the Diocese of Lincoln Out of it are elected besides the two Knights of the Shire but two Parliament Men and these out of Huntington Kent KENT in Latin Cantium so called as being seated in a Canton or Corner of the Kingdom is a large rich and pleasant Country â—â—ying between the Thames and the Narrow Seas So that it is invironed on all sides with the Sea except Westward where it borders both upon Surrey and Sussex It contains in Length from East to West 60 Miles in Breadth from North to South 30. The Whole divided into five Lathes called Sutton Aylesford Scray St. Augustine and Shepway Lathes and these into 67 Hundreds wherein 408 Parishes and 30 Market Towns Which is an Argument of its Populousness But the Air is neither so serene nor so healthful here as in other Counties especially near the Sea and Marshes which makes this Country so noted for its Kentish Agues Now that you may know in few words the Nature of this Country both as to its Air and Soil I shall bring in the Remark made upon it which is that there are 3 Ridges of Hills in Kent one called Health without Wealth the second Health and Wealth and the third Wealth without Health Others as to the Soil give this different Character of it The Weald for Wood East Kent for Corn Rumney for Meadow Tenham for an Orchard Shepey and Reculver for Wheat Thanet for Barley and Hedcorn for Capons In general this may be said of Kent that it is a Country very good for Corn and fit for Pasturage according to the several Plots and Parts thereof and wondrous full of fruitful and well-ordered Orchards from whence the City of London is supplied with most sorts of Fruit but chiefly with Pippins and Cherries which are counted the best in England On the Cliffs between Deal and Dover there grows a great store of Samphire The same is well watered with Rivers For besides the Thames that washes its North Parts here is the Medway which in a manner parts it in the middle the Stower that runs by Canterbury the Tun through Tunbridge and the Rother upon which Appledore is seated not to mention the lesser Streams Of all the Counties in England this was the first Kingdom of the Heptarchy and had a particular King to it self which no other County ever had Neither was it conquered by the Normans the Kentish Men yielding upon Articles and having their ancient Franchises and Customs confirmed to 'em by William the Conqueror One of which is the Cavelkind whereby they are not so bound by Copy-hold as in other Parts of England Lands of this nature being equally divided here among the male Children and for want of Males among the Females By the same Law they are at age at 15 years old and they may sell or make over the Land without the consent of the Lord. Also the Son tho of a convicted Father for Felony or Murder succeeds him in such Kind of Lands The Kentish Men besides have this to glory in that they were the first Christians of this Island And this is the only County at this time that has two Cities or Episcopal Sees namely Canterbury and Rochester Canterbury the chief Place of this County is 46 miles East of London Viz. from London to Dartford 12 to Rochester 11 more from thence to Sittingborn 10 and to Canterbury 13 more A City of great Antiquity if it was built as some Authors aver 900 years before Christ 'T is seated on the River Stower noted for breeding the best Trouts in the South East Parts of England and is counted in the Lath of S. Augustine The Buildings of it but mean and the Wall which encompasses it in a decayed condition The greatest Ornament of all is the Cathedral wherein ly interred the Bodies of eight Kings For this City had been the Seat of the Kings of Kent till given by Ethelbert the first Christian King of this Country to Augustine the first Archbishop thereof and his Successors Whereupon the King removed his Seat to Reculver a Town by the Sea-side In this Cathedral is also interred the Body of Thomas Becket once Archbishop hereof that famous Saint so reverenced by the Romanists In this City and its Suburbs are reckoned 14 Parish Churches besides a Meeting-place under the Cathedral for the Walloonâ— that dwell in this City who are very numerous and drive a considerable Trade of the Stuffs they make here It has two Markets a Week Wednesdays and Saturdays the latter of which is the most considerable But to the honour this City has had of being the Regal Seat of the first Kings of Kent and of being to this day the See of the Primate of England let us add the Coronation of King John and Queen Izabel his Wife the Marriages of Henry II. and Edward I and the Interments of Edward the black Prince King Henry the Fourth and Queen Joan his Wife all which was performed in this Place The other Market-Towns are Eltham Mund. Wrotham Tue. Lenham Tue. Westram Wedn. S. Mary Cray Wedn. Goldburst Wedn. Gravesend Wedn. Sat. Feversham Wedn. Sat. Dover Wedn. Sat. Sandwich Wedn. Sat. Wye Thu. Rumney Thu. Lyd Thu. Folkstone Thu. Maidstone Thu. Bromley Thu. Rochester Frid. Tunbridge Frid. Tenderden Frid. Woolwich Frid. Smarden Frid. Malinge Sat. Milton Sat. Cranbrook Sat. Hythe Sat. Ashford Sat. Sevenoke Sat. Dartford Sat. Appledore Among which Rockester requires the preeminence as a Bishops See and the second for Antiquity in all the Island It is seated upon the Medway over which it has a stately Stone-bridge one of the fairest in England It consists most of one principal Street which extends it self a long way the Houses being but ordinary as they are inhabited for the most part but by Trades-men and Inn-keepers Yet besides the Honour it has of being a Bishops See it is dignify'd with the Title of an Earldom in the Person of the Right Honourable Laurence Hyde Earl of Rochester Viscount Hyde c. Which Title was formerly enjoy'd by three Wilmots And before them there was a Viscount of this Place Sir Robert Carr being created Viscount of Rochester Anno 1611. and afterwards Earl of Somerset Adjoyning to this City is Chatham also seated on the Banks of Medway A long Thorough-fare Town well inhabited by Seamen and Shipwrights as being the principal Station of the Royal Navy and having a good Dock and Store-houses for the building and equipping of his Majesties Ships Maidstone is seated also on the Medway but near the head of it This is the Town where the County-Goal Sessions and Assizes are kept being conveniently seated for
Woman upon Marriage does not only lose the Power over her Person Will and Goods but she must part with her very Name and ever after use her Husband's Surname contrary to the Custom of some other Countries One Thing more there is yet which evidences the great Subjection of a Wife to her Husband And that is the Punishment inflicted upon a Woman that has Killed her Husband which is to be Burnt alive the Offence being counted Petty-Treason by Law that is as great a Crime as the Killing of his Father or Master Yet in some things the Law is very favourable to the female Sex of England As for Example if a Wife bring forth a Child begotten before Marriage by another Man than her present Husband her Husband is bound to own the Child and that Child shall be his Heir at Law So literally we take the Saying Pater est quem Nuptiae demonstrant If a Husband be a long time absent from his Wife though it be for some Years and his Wife bring forth a Child during his Absence he must father that Child in case he lived all the while in this Island or to speak the Words of the Law inter quatuor Maria. And if that Child be her first-born Son and her Husband's Estate Intailed or left without Will that Child shall be Heir to it Another Priviledge of English-Women is that the Wife having no Joynture settled before Marriage may challenge after her Husband's Death the third part of his yearly Rents of Land during her Life and within the City of London a third Part of all her Husband's Moveables for ever If there be many Children the rest comes to the eldest if not to the next Heir at Law And if she do not approve of the Division she may claim the Right of being Indowed with the best of the Land to a third part But if the Law be so favourable in some Cases to married Women Custom or rather the good Nature of Englishmen makes their Condition much happier Whose Respect and Tenderness for them is generally so great that every where they give 'em the Precedency and put them the least of any Nation upon Drudgery and Hardship Women are not here mewed up as in Italy and Spain and that mischievous Passion of Jealousy has got so little footing here that the Nation is little troubled with its troublesom Influences or fatal Consequences In short married Women have here more Liberty than any where else Their chief Care is of the House and Houshold according to the ancient Custom of the Greek Wives which is indeed the proper Office of a Wife as the Husband 's is to mind his Concerns abroad And such is generally their Carriage to their Husbands and their mutual Tenderness for them that where the Law gives them nothing the dying Husband often leaves all behind him to the Disposal of his Wife Except in London where a peculiar Order is taken by the City agreeable to the Civil Law A Knight's Wife is by the Courtesy of England counted and called a Lady If her Husband die before her and she take afterwards 〈◊〉 Husband of a lower estate still she shall be â—alled Lady with the surname of her first husband and not of the second Which is by â—he Courtesy of England and according to â—adies of a higher Rank as I have before obâ—erved In point of real Estate 't is Observable that â—f the Wife be an Heiress and bring to her Husband an Estate in Land that Land descends â—o her eldest Son and if she has no Sons â—ut only Daughters it is divided amongst â—hem But if she dies without Issue the â—and goes immediately to the next Heir at Law Only the Husband shall enjoy the Proâ—â—es thereof during his Life if so be that he â—â—d a Child alive of her Body that had been heard once to cry And this also is called the Courtesy of England As to what I said before touching real and personal Estates in case of Matrimony the same is to be understood in the sense of the Common Law where there is no private Contract For whatever Contract or Covenants were made before the Marriage betwixt the husband and the Wife either by themselves â—y their Parents or Friends they take place â—nd are of force to be Kept according to the Validity thereof Lastly the Wife in England is accounted 〈◊〉 much one with her Husband that she cannot be produced as Witness for or against her Husband And so strong is the Tie that joyns them together that they may not be wholly Separated by any Agreement between themselves but only by a Judicial Sentence Now there is a twofold Separation both called by the name of Divorce The one in case of Adultery a Mensa Thoro Which is nothing else but a living asunder without a liberty-to Remarry whilst either Party is alive Whereas the other is a Vinculo Matrimonii from the Bond of Matrimony whereby each Party is free to Remarry And this is allowed upon a Nullity of the Marriage or upon some essential Impediment as Consanguinity or Affinity within the Degrees forbidden Precontract Impotency or such like Of which Divines reckon fourteen according to these Verses Error Conditio Votum Cognatio Crimen Cultus Disparitas Vis Ordo Ligamen Honestas Si sis Affinis si forte Coire nequibis Si Parochi duplicis desit praesentia Testis Raptave sit Mulier c. But sometimes in case of Adultery this plenary Divorce has been allowed of in private Cases by Act of Parliament CHAP. XXVI Of Children and Servants FRom the Condition of Women in England I come now to that of Children and Servants As to the first a Father in England has a more absolute Authority over his Children than is usual in our Neighbour Countries Here a Father may give all his Estate Unintailed from his Children and all to one Child the Consideration whereof is apt to keep his Children in aw and within the bounds of filial Obedience But commonly the eldest Son inherits all Lands and the younger Children Goods and Chattels by which is meant the Personal Estate Among the Nobility and Gentry the eldest Son 's Wife's Portion does usually go for the Portions of his Sisters and the younger Sons are put out to some Profession The Reason why the eldest Son is so well provided beyond the rest of the Children is that he may be the better able to bear up the Honour of the Family which in course â—alls to the share of the Eldest For when all is done Titular Honour without Means is commonly lookt upon but as an empty Shadow But if there be no Son the Lands as well as Goods are equally divided among the Daughters A Son at the Age of 14 his Father being dead may chuse his Gardian and may claim his Land holden in Socage that is such Lands as Tenants hold by or for certain inferiour Services of Husbandry to be performed to the Lord of
in Trial of Heresy which toucheth a Mans Life If a Clergy-man Kills his Bishops or Ordinary the Law looks upon it as a Parricide and 't is Petty-Treason by Law Every Bishop may by Statute Law qualify six Chaplains which is as many as a Duke But if the Bishops Priviledges be so great the Archbishops are much greater especially his Grace of Canterbury's Who is the first Peer of the Realm and next to the Royal Family precedes not only all Dukes but all the great Officers of the Crown Though he holds his Place from the King yet in the King's Writs to him he is stiled Dei Gratia Archiepiscopo Cantuariensi and whereas other Bishops write Divina Permissione he writes himself Divina Providentia When he is Invested in the Archbishoprick he is said to be Inthroned It belongs properly to him to Crown the King and he had formerly the Power of appointing the Lent Preachers which is now in the Lord High Chamberlain The Bishop of London is accounted his Pravincial Dean the Bishop of Winchester his Chancellour and the Bishop of Rochester his Chaplain He has the Probate of all Wills in his Province and the Power of granting Letters of Administration where the Party at the time of his Death had 5 l. worth or above out of the Diocese wherein he died or 10 l. within the Diocese of London For all such as die Intestate within his Province he has Power to make Wills and to administer their Goods to the Kindred or to pious uses according to his Discretion In all Cases heretofore sued for in the Court of Rome he has Power to grant Licences and Dispensations either by himself or his Deputy called the Master of Faculties Provided the same be not repugnant to the Law of God or the King's 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 a Beneficed Clerk upon some Occasions to be Non-resident for some time a Clerk rightly qualified to hold two Benefices with Cure of Souls and a Lay-man to hold a Prebend c. whilst by Study he is preparing himself for the service of the Church He may also bestow one Dignity or Prebend in any Cathedral Church within his Province upon every Creation of a new Bishop And the new-created Bishop is also to provide a sufficient Benefice for one of the Archbishops Chaplains or to maintain him till it be effected He has the Prerogative with two other Bishops to Consecrate a new made Bishop to appoint Coadjutors to infirm Bishops to confirm the Election of Bishops within his Province to call Provincial Synods according to the King 's Writ directed to him to be Moderator in the Synods or Convocations and there to give his Suffrage last of all 'T is both his Power and Duty to Visit the whole Province and during the Vacancy of any Bishoprick within the same to appoint a Guardian of the Spiritualities So that to him belong all the Episcopal Rights and Ecclesiastical Jurisdictions of the Diocese as Visitations Institutions c. To decide all Differences in Ecclesiastical Matters he holds several Courts of Judicature for which I refer you to my Third Part. Lastly he may retain and qualify 8 Chaplains which is two more than any Duke is allowed The Archbishop of York has also the Precedence of all Dukes that are not of the Royal Bloud and of all great Officers of State except only the Lord Chancellour He is also stiled Primate of England and Metropolitan of his Province and has many of those Prerogatives and Priviledges which the Archbishop of Canterbury has within his own Province Each of the Archbishops is honoured as Dukes are with the Title of His Grace And whereas the Inferiour Bishops are stiled Right Reverend the Archbishops are in a Superlative manner stiled Most Reverend As to the Revenues of the English Bishops the best Bishopricks are those of Canterbury Durham and Winchester which yield a plentiful Income Amongst the rest some have but a Competency and others are not much better some worse than many Parsonages And yet I must say this to the eternal Praise of the Episcopal Order that they have done great Things for the Publick out of their Revenues For most of the great publick Works now â—â—maining in England acknowledge their Being eather to the sole Cost and Charge or to the liberal Contributions of Bishops I mean not only Pallaces and Castles but Churches Colledges Schools Hospitals Alms-houses a great Number whereof have been founded and built by Bishops Nay that famous and chargeable Structure of London-Bridge stands to this day obliged to the liberal Contributions of an Archbishop In former Reigns when the Clergy were judged to be the fittest Persons to execute most of the chief Offices and Places of the Realm such Benefits and Advantages accrued thereby to this Kingdom that there are few Things of any great Consequence to the Welfare thereof but the Bishops and Prelates were the chief Actors therein The excellent Laws says an Author made by several of the Saxon Kings from whom we have our Common Laws and our Priviledges mentioned in Magna Charta were all made by the Persuasions and Advice of Bishops named in our Histories And 't was a Bishop of London at whose Request William the Conqueror granted to this City so large Priviledges that in a grateful Remembrance thereof the Lord Mayor and Aldermen did before the late dreadful Fire upon some solemn Days of their Resort to S. Paul's Church use to go in Procession about the Grave-stone where that Bishop lay interred The Union of the two Houses of York and Lancaster whereby a long and cruel Civil War was ended was by the Advice and Counsel of Bishop Morton then a Privy Counsellour And the happy Union of England and Scotland was brought to pass by the long Foresight of the Reverend Bishop Fox a Privy Counsellour in advising Henry VII to match his eldest Daughter to Scotland and his Younger to France But above all the Converting England to Christianity the Reforming of it when corrupted and the Defence of the Reformation against all Romish Writers is principally if not solely owing to Bishops and Prelates CHAP. XXIII Of the Dignify'd Clergy AS amongst the Laity the Gentry Keeps a middle Rank betwixt the Nobility and the Commonalty so amongst the Clergy of England there is a middle Station between the Episcopal Order and the inferiour Clergy Which Station is properly that of the Dignify'd Clergy as Deans Arch-Deacons and Prebendaries the Subject of this Chapter For a Supply of able and fit Persons to make Bishops or to assist Bishops a certain Number of eminent Divines both for their Piety and Learning were thought fit by our Fore-fathers to be placed in a Collegiate manner at every Cathedral or Episcopal See out of which Seminaries fit Persons from time to time might be chosen to govern the
according to their Quality Out of these Sergeants the King calls by Writ some of them to be of his Council at Law These fit within the Bar in all Courts at Westminster except in the Common-Pleas The Inns of Court are so called either because the Students therein are to serve the Courts of Judicature or elfe as Fortescue affirms because these Colledges received only the Sons of Noblemen and better sort of Gentlemen They are the largest and the most beautiful Inns Grays-Inn particularly being beautify'd of late with a fine Square and another being now building in Lincolns-Inn which will be a great Set-off and Ornament to it The Two Temples heretofore the Dwelling of the Knights Templers purchased above 300 years since by some Professors of the Common Law are called the Inner and Middle Temple in relation to Essex-House now built up into Streets Which House was part of the Knights Templers and called the Outer-Temple because seated without Temple-Bar Lincolns Inn is so called from the ancient Earls of Lincoln whose House it was and Grays-Inn from the noble Family of the Grays to whom it formerly belonged In these four Inns of Court are reckoned about 800 Students The Inns of Chancery were heretofore preparatory Colledges for younger Students where they were usually entred before they could be admitted into the Inns of Court Now they are for the most part taken up by Attorneys Sollicitors and Clerks who have here their Chambers apart and their Diet at an easy rate Here they eat in a Hall together where they are obliged to appear in their Robes and black round knit Caps These Inns belong to the Inns of Court some to one some to another As Bernard's and Staple-Inns to Grays Inn Thavies and Furnival's to Lincolns-Inn and the rest to the two Temples Accordingly the Inns of Court send yearly some of their Barristers to Read in those Colledges all which one with another contain about 500 Lawyers Cliffords Inn among the rest was anciently the House of the Lord Clifford from whence it is so denominated Staple Inn belonged to the Merchants of the Staple and Lyons Inn was anciently a common Inn with the Sign of the Lyon But besides those 8 Inns of Chancery there is another in Chancery-Lane known by the Name of Symonds Inn being formerly a publick Inn kept by one Symond This is an Inn by it self belonging to no Inn of Court nor living under any Rules such as the other Inns live under Now 't is to be observed that the foresaid Societies are no Corporations and have no Judicial Power over their Members Only they have among themselves certain Orders which by Consent have the force of Laws Neither have they any Lands or Revenues as Societies and for the defraying the Charges of the House they have but what is paid at Admittances and Quit-rents for their Chambers At the Colledge-Chappel or Hall and â—ll Courts of Judicature they wear a black Robe and Cap at other times they walk in Gentlemens Habit. For light Offences they â—re only Excommoned and not to eat with the rest For great Offences they lose their Chambers and are expelled the Colledge â—nd being once expelled they are never received by any of the three other Societies But besides all the foresaid Inns which â—re for the Common Law and Chancery here 〈◊〉 also a Colledge of Civilians called Doctors â—ommons For though Degrees in the Civil â—aw may be taken only in Oxford and Camridge and the Theory best there to be acquired yet the Practice thereof is most of all in London Where this Colledge standing near S. Paul's in the Parish of S. Bennets Pauls-Wharf was founded by Dr. Harvey Dean of the Arches for the Professors of the Civil Law in this City And here did commonly reside the Judge of the Arches the Judge of the Admiralty and the Judge of the Prerogative Court with divers other eminent Civilians From whose living for Diet and Lodging in a Collegiate manner and Commoning together it got the Name of Doctors Commons This Colledge in the time of the great Fire being involved in the Ruins of the City they all removed to Exeteâ— House in the Strand Till that being rebuilt at their own proper Costs and Charges in a more convenient and splendid manner than before they returned to it Where they noâ— keep their several Courts and Pleadings every Term. But London being in a manner an University there are in it several other Colledges worth our taking notice I begin with the Colledge of Physicians which stood formerly in Knight-Rider Street and was the Gift of Dr. Linacre Physician to King Henry VIII Since which a House and Ground was purchased by the Society of Physicians at the end of Amen-Street whereon a stately Structure for a Library and a publicâ— Hall was erected by Dr. Harvey Anno 1652. who indowed the same with his whole Inheritance which he resigned while he waâ— yet living and in health But this goodly Edifice could not escape the rage of the grâ—â— Fire And that Ground being but a Lease the Society purchased a Piece of Ground in Warwick Lane near Newgate whereon they have raised the present Colledge a magnificent Edifice The Physicians of this Colledge have by Charters and Acts of Parliament such Priviledges as exclude all others though Graduates in Physick of Oxford or Cambridge from practising Physick in London or within 7 miles of it without a Licence under the Colledge-Seal And all Offenders in that Case and divers others they may fine and imprison They have Authority to search all the Shops of Apothecaries in and about London to see if their Drugs and Compositions are wholsom and well made And by virtue of the said Charters they are freed from all troublesom Offices as to serve upon Juries to be Constable to keep Watch and Ward to bear Arms or provide Arms or Ammunition c. This Colledge do's chiefly consist of Fellows and Candidates besides the honourary Fellows and Licentiates The Number of Fellows is always to be forty besides the King's Physicians And when any Fellow dies or leaves this City the next Candidate succeeds to make up the Number But the Candidates before their Admission are strictly examined or at least ought to be so in all Parts of Physick The honourary Fellows and Licentiates do both injoy the Priviledges of the Colledge but have no share in the Government The Title of Honourary was first bestowed on some worthy Physicians who were unwilling or unable to come in by the right Line of Candidates The Licentiates are such as for want of sufficient Learning c. are judged unfit to be received into the Number of Fellows or Candidates Yet because they may be serviceable to the Publick and do good at least in some sorts of Diseases they are after due Examination and Approbation licensed to practise Of this Colledge there is a President four Censors and eight Elects who are all principal Members of the Society Out of these
divest him of his whole Authority To this purpose we have still fresh before us the Example of the late King of Portugal who for a few Acts of Rage fatal to very few Persons was put under a Guardianship and kept a Prisoner till he died and his Brother the present King made Regent in his place Which it seems was at least secretly approved by most of the Crowned Heads of Europe and even our Court gave the first Countenance to it Though of all others King Charles II. had the least Reason to do it since it justified a Younger Brother's supplanting the Elder But the Evidence of the Thing carried it even against Interest These are my Authors Arguments which I thought fit to insist upon to justify the Nations taking up Arms for the Defence of their Laws Religion and Property against the late King 's actual and bare-faced Subverting the whole Frame of this most happy and blessed Government A Government which has made many Kings glorious beyond the Great Nimrod of France and their People happy beyond all other Nations A Government which allows enough to a King that cares not to be a Tyrant and enough to the People to keep them from Slavery When the King's Prerogative do's not interfere with the Liberty of the People or the Peoples Liberty with the Kings Prerogative that is when both King and People keep within their own Sphere there is no better framed Government under the Sun Here is Monarchy without Slavery a great King and yet a free People And the Legislative-Power being lodged in the King Lords and Commons joyntly 't is such a Monarchy as has the main Advantages of an Aristocracy in the Lords and of a Democracy in the Commons without the Disadvantages or Evils of either The Government of England being thus constitued I see no Ground there is for passive Obedience where the Kings Commands are visibly contrary to Law and destructive of the Constitution The Measures of Power and consequently of Obedience must be taken from the express Laws of the State or from Immemorial Customs or from particular Oaths which the Subjects swear to their Princes And in all Disputes between Power and Liberty Power must always be proved for Liberty proves it self that being founded only upon a Positive Law this upon the Law of Nature Now 't is plain the Law of Nature has put no Difference or Subordination amongst Men except it be that of Children to their Parents or of Wives to their Husbands So that with relation to the Law of Nature all Men are born Free and this Liberty must be still supposed intire unless so far as it is limited by Contracts Provisions and Laws And as a private Person can bind himself to another Man by different Degrees either as a common Servant for Wages or as an Apprentice appropriate for a longer Time or as a Slave by a total giving himself up to another so may several Bodies of Men give themselves upon different Terms and Degrees to the Conduct of others And as in those Cases the general Name of Master may be equally used tho the degrees of his Power are to be judged by the nature of the Contract so in these all may carry the same Name of King and yet every ones Power is to be taken from the Measures of that Authority which is lodged in him and not from any general Speculations founded on some equivocal Terms such as King Sovereign or Supream But this has been of late so learnedly argued that I shall wave any further Discussion of this Matter This only I shall add that the King of England is by the moderate Assertors of this Monarchy called Pater Patriae and Sponsus Regni By which Metaphorical Characters the King and his Subjects come within the Relation of a Father and Children or within that of a Husband and Wife which is proper enough to represent the Nature and Mildness of the English Government Others make King and Subject to be no other Relation than that of Gardian and Ward Ad tutelam namque says Fortescue Legis Subditorum ac eorum Corporum Bonorum Rex hujusmodi erectus est the King being ordained for the Defence or Gardianship of the Laws of his Subjects and of their Bodies and Goods I have done and now I proceed to a further Description of this Monarchy 'T is Free and Independent that is not holden of any Earthly Potentate or any ways obliged to do Homage for the same as the Kingdom of Naples holden of the Pope by the King of Spain and that of Scotlund which held in Capite of the Crown of England Whereas the Kingdom of England owns no Superiour upon Earth A Monarchy that justly challenges a Freedom from all Subjection to the Emperour or Laws of the Empire For tho the Roman Emperors were anciently possessed of this Country and got by force of Arms the Possession of it yet upon their quitting the same the Right by the Law of Nations returned to the former Owners pro Derelicto as the Civilians speak The same is also free from all manner of Subjection to the Pope of Rome and consequently from those several Inconveniencies and Burdens which ly upon Popish Kingdoms As Taxes paid to that Bishop Provisions and Dispensations in several Cases to be procured from the Court of Rome and Appeals thither in Ecclesiastical Suits 'T is an Hereditary Monarchy and such as allow's of no Interregnum free therefore from those Mischiefs and Inconveniencies which frequently attend such Kingdoms as are Elective Though it is granted at least it seems apparent by History that England has been an Elective Kingdom especially in the Time of the Saxons When upon the King's Death those Persons of the Realm that composed the then Parliament assembled in order to the chusing of another And tho one or other of the Royal Bloud was always chosen yet the next in lineal Succession was often set aside as is evident from the Genealogies of the Saxon Kings But however it was in those and after Times certain it is that ever since King Henry VII the Crown has run in a course of lineal Succession by Right of Inheritance Till the late King having forsaken the Government and abdicated the Kingdom the Crown with the general Consent of the Nation was set upon the Head of the Prince of Orange our present King joyntly with the Princess the next Heir to King James and the Succession settled as will appear afterwards And upon William and Mary our Gracious King and Queen may the Crown long flourish To conclude whatever be the Bent and Inclination of some Men amongst us for a Commonwealth the Generality of the Nation is so much for Monarchy that it is like so to continue as long as the World indures In that Eclipse of Monarchy which hapned before the Restauration of King Charles II how busy then the Commonwealth Party was to provide against its Return and to settle here
Ireland as a Name more sacred and replete with Majesty But the English never made a full and entire Conquest of that Kingdom till the latter end of Queen Elizabeths Reign upon the great Defection of the Irish Which ended in a total Overthrow of the Rebels then under the Conduct of Hugh O Neal Earl of Tiroen and the consequence of it according to the Rule That every Rebellion when 't is suppressed does make the Prince stronger and the Subjects weaker Which I hope will be the effect of the present Rebellion in that Kingdom But besides Great Britain and Ireland the King of England is possessed of Jersey Garnsey Alderney and Sark four Islands of good note especially the two first on the Coast of Normandy in France The same are holden in right of that Dukedom which was Conquered by Henry I of England and continued English till the Days of King John when Philip II of France surnamed Augustus seized on all the Estates the English had in France as Forfeitures Anno 1202. And since the French seized upon Normandy they have often attempted Jersey and Garnsey but always with repulse and loss So affectionate are the People to the English Government and jealous of the Priviledges they injoy under it which they could not hope for from the French In America the King of England is possessed of New-England Virginia Mary-Land New York Pensylvania Carolina and Hudsons-Bay Besides many noted Islands as New-found Land Jamaica Bermudos Barbados and amongst the Leeward Islands Nevis Antego Montserat Anguilla c. In Asia he has the Isle of Bombay near Goa which was Part of the present Queen Dowagers Portion besides Conveniencies for Traffick in India China and the Levant The same he has upon the Coast of Africk The King of England has a Claim besides to the Sovereignty of all the Seas round about Great Britain and Ireland and all the Isles adjacent even to the Shores of all the Neighbouring Nations Therefore all Foreiners Ships have anciently demanded Leave to Fish and to pass in these Seas and to this day lower their Top-Sails to all the Kings Ships of War Our Law faith the Sea is of the Liegeance of the King as well as the Land And accordingly Children born upon our four Seas as sometimes it does happen are accounted natural born Subjects of the King of England without being naturalized The King of England has moreover a Title to the Kingdom of France First Challenged by King Edward III as Son and Heir of Isabel the Daughter of King Philip the Fair and Sister of Lewis IX Philip V and Charles the Fair who reigned successively and died without Issue Male. To prosecute which Title he entred into France with an Army took upon him the Title of King of France and caused the Flower de luces to be quartered with the Lions of England which has been continued ever since amongst all his Successors The French opposing his Title by virtue of a pretended Salique Law disabling Women from the Succession to the Crown he overthrew in two great Battels with a small Force under the Conduct of the incomparable Edward the Black Prince his Son Duke of Aquitain Those were the Battels of Cressy and Poitiers the first being fought Anno 1343 in the Reign of Philip VI surnamed de Valois and that of Poitiers in the Reign of his Son King John who was taken Prisoner with Philip his Son and brought over into England But such is the Vicissitude of Humane Affairs that the English soon after lost all they had got in these Wars Calais excepted For Charles V of France the Son of John proved too hard for Richard II of England one of our unfortunate Kings the next Successor of King Edward III and his Grandson by Edward the Black Prince But Henry V his next Successor but one did so far pursue the Title of France that he won it after he had won the great Battle of Agincourt which happened Anno 1415. The Opportunity was great whether we consider the Weakness and distracted Condition of Charles VI then King of France or the very Distraction of the Kingdom at that time occasioned by the Faction of Burgundy against that of Orleans So that being sought to for Peace he granted it with these Conditions that upon his Marriage with the Lady Catharine Daughter to King Charles he should be made Regent of France during Charles his Life and after the Death of Charles the Crown of France and aâ—â— its Rights should remain to King Henry and his Heirs for ever which was agreed to â—n â—oth sides And though Henry did not live â—o possess the Kingdom yet his Son Henry VI â—ad the fortune to be Crowned King of France in Paris which he held during the life of his Uncle John of Bedford anâ— Humfrey of Gloâ—ester After whose Deaths he not only lost France to the French but England and his Life to the Yorkish Faction Thus Charles VII Son of Charles VI after 〈◊〉 long and bloody War recovered from the English then divided at Home all their Possessions in France except Calais Which last remained under the English till Queen Maries Reign and was taken from her by Henry II of France And ever since Things have remained much in the same Posture the Kings of England with the Title to France and the French Kings with the Possession Nay we have had two Kings of late so passionately inamoured with the present French King that far from attempting to take the least Flower of his Crown from him have promoted his Greatness and encouraged his Rapines and unjust Usurpations The Scope whereof at last appeared to be no less than the Inslaving this Nation with the Assistance of France and far from raising the Glory of the English to make them an Object of Scorn and Contempt to the World But now we are blest with a wise just and magnanimous King three Vertues that have been long absent from the Throne of England we may hope shortly to see France if not Conquered again at least so humbled and weakened that it shall not be in her power to insult and incroach upon her Neighbours as she has in our Time to the Ruin and Desolation of the best Part of Europe 'T was a notable if not Prophetick Answer which an Englishman made to a French Officer who after the English had lost France asked him in a scoffing manner When they would return thither Wheâ— your Sins says he â—â—re greater than ours As baâ— as this Nation 〈◊〉 been 't is apparent the French have far outdone us in their Pride and Lewdness Cruelties and Usurpations So that I hope from the Disposition of the present Affairs of Europe the Time is come for France to give an Account thereof to God and Man I come now to the King of England's Titles which run thus at present joyntly with Queen Mary William and Mary by the Grace of God King and Queen of England Scotland France and Ireland
King Who in such Case usually make choice of such a Person among the Nobility as is fit for that Station whose private Interest is to preserve the Kings Life and Authority and to whom least benefit can accrue by his Death or Diminution Thus in the Case of Edward VI the Duke of Somerset his Uncle by the Mothers side was made Lord Protector during the Kings Minority And when this Rule has not been observed as in the Minority of Edward V it has proved of very ill consequence But this is observable withall that when thâ— King comes to be 24 Years of Age he may bâ— his Letters Patents under the Great Seal aâ—cording to a Statute made in the Reign of Heâ—ry VIII revoke and utterly null whatsoeveâ— has been Enacted in Parliament during his Mâ—nority When the King was Absent upon any so reign Expedition as several of our Kings have been with good success the Custom was for merly to constitute a Vicegerent by Commission under the Great Seal with the Titâ— of Lord Warden or Lord Keeper of the Kingdom and sometimes that of Protector And such was the Latitude of his Power that except wearing of the Crown he was as great aâ— the King But sometimes the Kingdom durinâ— the King's Absence has been committed to thâ— Care of several Noblemen During the Absence of Henry VIII in France which hapned two several times the Queeâ— was made Regent And so is at this time oâ—â— Gracious Queen Mary during his Majesties so reign Expedition So in case of the Kings Incapacity to govern either through Age or Weakness or by reason of some Incurable Disease a Gardian 〈◊〉 Regent is constituted to govern the Kingdom for Him Such a one was John Duke of Lâ—â— caster in the latter Days of King Edward 〈◊〉 appointed by the King himself who then what with Age and Weakness what with Sickness and Grief for the untimely Death of 〈◊〉 dear Son the Black Prince was much decayâ— both in Body and Mind I come now to the Succession to the Crâ—â— Which is not in England as in France Turâ—â— and amongst Barbarians by excluding Females from the Crown For the Crown of England in its natural Course descends from Father to Sâ—n for want of Sons to the eldest Daughter and her Heirs for want of Daughter to the Brother and his Heirs for want of Brother to the Sister and her Heirs In short upon the Death of the King or Queen upon the Throne the next of Kindred though born out of the Dominions of England or of Parents not Subjects of England is immediately King or Queen before any Proclamation or Coronation And contrary to the Descent of Estates among Subjects the Half Blood inherits as in the Case of Queen Mary and Queen Elizabeth who succeeded King Edward the Sixth though they were his Sisters only by the Father's side But the Government being lately Dissolved by King James his Misgovernment as well as Abdication the Crown was settled in this manner by the Lords Spiritual and Temporal and Commons assembled at Westminster in the Month of December Anno 1689. First upon William and Mary then Prince and Princess of Orange during their Lives and the Life of the Survivor of Them but the sole and full Exercise of the Regal Power to be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives And after their Deceases the said Crown and Royal Dignity to be to the â—eirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body And for default of such Issue to the Heirs of the Body of the said Prince of Orange Upon which the said Prince and Princess now King and Queen of England c. did accept thâ— Crown and Royal Dignity of the Kingdoms oâ— England France and Ireland and the Dominions thereunto belonging And for preventing all Questions and Divisions in this Realm by reason of any pretended Titles to the Crown and for preserving a Certainty in the Succession thereof the Settlement of the Crown as aforesaid was Confirmed by an Act of the Insuing Parliament which passed the Royal Assent Dec 16. 1689. With this excellent Proviso That Whereas it hath been found by Experience that it is Inconsistent with the Safety and Welfare of this Protestant Kingdom to be Governed by a Popisâ— Prince or by any King or Queen Marrying Papist all and every Person and Persons thaâ— is are or shall be Reconciled to or shall holâ— Communion with the See or Church of Rome or shall profess the Popish Religion or shalâ— Marry a Papist shall be Excluded and be soever Uncapable to Inherit Possess or Injoy thâ— Crown and Government of this Realm and Ireland and the Dominions thereunto belonâ—ing or any Part of the same or to Have Usâ— or Exercise any Regal Power Authority or Jâ—risdiction within the same And in all and 〈◊〉 very such Case or Cases the People of theâ— Realms shall be and are hereby Absolved 〈◊〉 their Allegiance and the said Crown and Government shall from time to time Descend 〈◊〉 and be Injoy'd by such Person or Persons â—â—ing Protestants as should have Inheritâ—â— or Injoyed the same in case the said Pâ—â—son or Persons so Reconciled holding Coâ—munion or Professing or Marrying as afoâ—â—said were naturally Dead By which Act further Confirmed and Asserted by the Act of Recognition passed in the last Session of Parliament the Crown is by Law for ever Insured into Protestant Hands and all Pretence of Popish Succession Nulled and Invalidated CHAP. XI Of the Royal Family Particularly of the Queen and the Sons and Daughters of England THe Queen of England is either a Sovereign or Queen Consort or else Queen Dowager When the Queen is Sovereign as were Queen Mary and Queen Elizabeth the two Daughters of Henry VIII and Sisters of Edward VI. he is invested with all the Regal Power and â—cts as Sovereign And whoever she does marry â—o far from following her Husbands Condition â—he is her Husbands Sovereign as Queen Mary â—as Philip's The Case indeed of our present Queen Mary is â—ifferent She is a Sovereign joyntly with her â—usband King William but the Administration 〈◊〉 the Government and the sole Executive Power â—â—lodged only in the King during their Joynt â—â—ves Except the Time of his Majesties Absence 〈◊〉 his foreign Expedition during which Her â—jesty is Vested by a late Act of Parliament with the Administration and acts as Queen Regent A Queen Consort without Sovereignty is Reputed however the Second Person in the Kingdom and Respected accordingly The Law sets so high a value upon Her as to make it High Treason to conspire her Death or to violate her Chastity She has her Royal Court and Officers apart with a large Dower to maintain her Greatness And though she be an Alien born yet without Denization or Naturalization she may purchase Lands in
Fee-simple make Leases and Grants and sue in her own Name without the King which is not in the power of any other Feme-covert or married Woman to do A Queen Dowager or Widow-Queen is still Respected as a Queen in her Widowhood and keeps a Court accordingly And though she should marry a private Gentleman as did Queen Catharine King Henry the Fifths Widow she does not lose her Dignity By the Sons and Daughters of England I mean the King's Children So called because all the Subjects of England have a special Interest i◠Them though their Education and the Disposing of Them is only in the King The Eldest Son commonly called the Prince of Wales is born Duke of Cornwal and afterwards created Prince of Wales Upon his Birth he is by Law of full Age to sue for the Livery of the said Dukedom as if he were full a Years of Age. But so much of the Lands 〈◊〉 Demesns of it have been Alienated that h◠Revenues are chiefly out of the Tin-Mines i◠Cornwall Which with all other Profits of the Dutchy amount yearly to the Sum of 140◠Pounds and the Prince's whole Revenues to about 20000 l. When King Edward I had compleated the Conquest of Wales He divided it into Seven Shires to which Henry VIII added five more out of the March Lands Over each of the Seven Shires King Edward placed a particular English Lieutenant and over the whole he designed a Vicegerent The Welch being disgusted at this He sent for his Queen then great with Child to Caernarvan where she was delivered of a Son Upon the News whereof the King assembled the Chief Men of that Nation and offered to name them a Governour born in Wales who could not speak one word of English and against whose Life they could take no just exception Such a one when they had all sworn to obey he named his young Son Edward Whereupon He created him Prince of Wales and since that time the Kings of England eldest Sons have been called Princes of Wales Whereas while Normandy was in the Power of the English which lasted till the Reign of King John they were stiled Dukes of Normandy The Investiture is performed by the Imposition of a Cap of Estate and a Coronet on the Princes Head as a Token of his Principality by delivering into his hand a Verge of Gold the Emblem of Government by putting a Gold Ring on his Finger in token that he must be a Husband to his Country and a Father to her Children and by giving him a Patent to hold the said Principality to Him and his Heirs Kings of England By which Words the Separation of it from the Crown is prohibited and the King keeps to himself an excellent Occasion of obliging unto Him his Son when he pleases In Imitation of which Custom John I King of Castille and Leon made his Son Henry Prince of the Asturias a Country so Craggy and Mountainous that it may not improperly be called the Wales of Spain And all the Spanish Princes ever since have been honoured with that Title The Mantle worn in Parliament by the Prince of Wales has for Distinctions sake one gard more than a Duke's his Coronet of Crosses and Flower de luces and his Cap of State indented His Arms differ from the Kings only by addition of a Label of three points And his peculiar Device is a Coronet beautified with three Ostrich Feathers inscribed with ICH DIEN that is I serve Alluding perhaps to that in the Gospel The Heir while he is a Child differs not from a Servant Which Device was born at the Battel of Cressy by John King of Bohemia serving there under the French King and there slain by Edward the Black Prince Since worn by the Princes of Wales and by the Vulgar called the Princes Arms. In short the King of England's Eldest Son has ever since been stiled Prince of Wales Duke of Aquitain and Cornwal and Earl of Chester and Flint these Earldoms being conferred upon him by Letters Patent As Eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth Though he is a Subject yet the Law looks upon his Person as so Sacred that it is high Treason to imagine his Death or violate his Wife The Younger Sons of England depend altogether upon the King's Favour both for Titles of Honour and Revenues sutable to their Birch For they are not born Dukes or Earls but are so created according to the Kings Pleasure Neither have they as in France certain Appanages but only what Revenue the King pleases to bestow upon them They are indeed by Birth-right as well as the Prince of Wales Counsellors of State whereby they may fit themselves to manage the weighty Affairs of the Kingdom The Daughters are called Princesses And to violate them unmarried is High Treason The Title of Royal Highness is common to all the King's Children All Subjects ought to be uncovered in their Presence to kneel when they are admitted to kiss their hands and to be served on the Knee at Table unless the King be present Lastly all Persons of the Royal Bloud being a Lawful Issue have the Precedency of all others in England As for the King 's Natural or Illegitimate Sons and Daughters they are commonly created Dukes and Dutchesses and bear what Surname the King pleases to give them King Henry I. and Charles II. of blessed Memory are noted to have had the most of any CHAP. XII Of the Nine Great Officers of the Crown NEXT to the Royal Family the Great Officers of the Crown come of course to be Inquired into which are Nine in Number Viz. The Lord High Steward The Lord High Chancellor The Lord High Treasurer The Lord President of the Kings Council The Lord Privy Seal The Lord Great Chamberlain The Lord High Constable The Lord Earl Marshal The Lord High Admiral The Lord High Steward of England is the highest Officer under the King His Office not unlike that of the Mayre of the Pallace under the ancient Kings of France is to rule and govern the Kingdom under the King in Time of Peace and War during his Reign Which Power being thought too large and exorbitant for a Subject to have this Great Officer has been discontinned ever since Henry of Bullingbrock Son to John of Gaunt Duke of Lancaster afterwards King of England under the Name of Henry IV. Only at a Coronation also for the Trial of a Peer or Peeress for Treason or Felony or some other great Crime the King makes a High Steward for that Time Who during his Stewardship is called His Grace and bears a white Staff in his hand which he openly breaks when the Business is over and so ends his Office By virtue of his Office at a Coronation he sits Judicially at the King's Pallace at Westminster Where he receives the Bills and Petitions of all such Noblemen and others who by reason of their Tenure or otherwise
eldest Son is Frederick the Heir apparent born in the Year 1671 and the two others are Christiern and Carolus The Duke of Glocester is the only Son and Heir of their Royal Highnesses the Prince and Princess of Denmark He was born July 24th 1689 and on the 27th he was Christened at Hampton-Court by the Lord Bishop of London and named William the King and the Earl of Dorset Lord Chamberlain of His Majesties Houshold being Godfathers and the Lady Marchioness of Hallifax Godmother CHAP. XIX Of the Nobility of England THE English Nobility is divided into five Degrees Viz. Duke Marquess Earl Viscount and Baron And they are called the Peerage of England because they are all Peers the Barons as well as the rest They have also all of them the Title of Lord. All these Honours are given by the King who is the sole Fountain of Honour and whatever Title a Subject of England receives from any forein Prince is not only Insignificant here but Unwarrantable by Law All Noblemen at their Creation have two Ensigns which signify two Duties Their Heads are adorned in token that they are to assist their King and Country with good Counsel in time of Peace and they are girt with a Sword as being to support the King and defend the Kingdom with their Lives and Fortunes in time of War A Duke is created by Patent Cincture oâ— Sword Mantle of State Imposition of A Cap and Coronet of gold on his head and a Vergâ— of gold put into his hand A Marquess and aâ— Earl by Cincture of Sword a Mantle of State with a Cap and Coronet put upon him by the King himself and a Patent delivered into his hand Viscounts and Barons are made by Patent and these sometimes by Writ whereby they are called to sit in the House of Lords All the Peers have Coronets but with these Distinctions A Baron has six Pearls upon the Circle a Viscount the Circle of Pearls without number an Earl has the Pearls raised upon Points and Leaves low between a Marquess a Pearl and a Strawberry-leaf round of equal height and a Duke Leaves without Pearls Only the Dukes of the Royal Blood bear like the Prince of Wales a Coronet of Crosses and Flower de Luce. Which is the same with the King 's excepting the Arches Globe and Cross on the top of the King's Crown But the greatest Distinction amongst the Nobles is their Parliament Robes in their several Gards on their Mantles and short Cloaks about their Shoulders For a Baron has but two Gards a Viscount two and a half an Earl three a Marquess three and a half and a Duke four Besides that the Mantle of a Duke Marquess and Earl is faced with Ermine that of a Viscount and Baron with plain white Furr Dukes were at first so called a ducendo being anciently Generals and Leaders of Armies in time of War Marquesses from their Government of Marches and Frontire-Countries Earls in Latine Comites because they had the Government of Counties Viscounts in Latine Vice-Comites as being Assistants or Deputies in the Government of Counties Barons according to Bracton quasi Robur Belli the safety of the King and People in Time of War depending upon their Courage and Skill in Martial Affairs Anciently a Duke was made so for Term of Life then held by Lands and Fees till Dukes came to be Titular and Hereditary In those Times likewise there was no Earl but had a County or Shire for his Earldom who for the support of his State had the third Peny out of the Sheriffs Court issuing out of all Pleas of that County whereof he was Earl Also those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part that is of 400 Marks each Knights Fee being 20 l. And whoever had so much was wont to be summoned to Parliament But then 100 Marks was as much as 2000 pounds at this day as may be guessed by comparing the Prices of Things 'T is true King Henry III after he had with much ado suppressed his Barons called by Writ unto Parliament only such great Men as had continued loyal or were like so to be Which Example being followed by his Successors they only were accounted Peers of the Realm that were so called by the King 's special Writ Till Barons came to be made by Patent as well as by Writ and at last most by Patent which makes it hereditary But there are Barons in England that have noâ— share in the Peerage as such viz. the Barons of the Exchequer and the Barons of the Cinque-Ports Such as these the Earls Palatines and the Eath of England Marches had anciently under them and such there are yet in Cheshire The chieâ— Burgesses of London were also called of oâ— Barons All Dukes Marquesses and Earls at this day have their respective Titles from some Shire or part of a Shire Town or City Castle Park or Village Except two Earls whereof one is Officiary and the other Nominal the first being the Earl Marshal of England and the last the Earl Rivers who takes his Denomination from an Illustrious Family Barons are so denominated from their chief Seat or a Castle belonging to the Family Which is not to be divided amongst Daughters if there be no Sons but must descend to the eldest Daughter None of these Honours can be lost but these two Ways Either by want of Issue male except where the Patent extends to Issue female as sometimes it does Or else by some heinous Crime and then it cannot be restored to the Bloud but by Act of Parliament A Duke has the Title of Grace given him and the other Peers that of Lordship on Honour Accordingly we commonly give to these the Epithet of Right Honourable All Dukes and Marquesses Sons are called Lords by the Courtesy of England and the Daughters Ladies I say by the Courtesy of England for the Law makes no such Distinction but looks upon all as Commoners that have no Right to sit in the House of Peers Of an Earl none but the eldest Son is called Lord though all the Daughters be Ladies And as for the Issue of Vicounts and Barons none of their Sons is Lord nor of the Daughters Lady A Dukes eldest Son is called Lord Marquess and the younger Sons by their Christen-names with the Title of Lord prefixt as Lord William Lord Thomas c. A Marquesses eldest Son is called Lord of a Place and the younger Sons as those of a Duke that is by their Christen-names with the Title of Lord prefixt as Lord William Lord Thomas An Earl's eldest Son is born as a Viscount and called Lord of a Place In point of Precedency this is the Rule Af-the Princes of the Bloud the first amongst the Nobility are the Dukes and these are thus followed Viz. Dukes Marquesses Dukes eldest Sons Earls Marquesses eldest Sons Dukes younger Sons Vicounts Earls
not to be made up by new Creations but be suffered to diminish as appears by their Patent And yet the very Founder King James I transgressed the first his Rule by creating 203. Charles his next Successor made 455. But King Charles II outdid them both by creating near upon 900 during his Reign At this time there are reckoned above 700 living Sir Nicholas Bacon of Suffolk was the first Baronet created whose Successor is therefore stiled Primus Baronettorum Angliae No Honour is ever to be created between Barons and Baronets As for the other two Degrees of Knighthood they are but Personal and not Hereditary so that the Honour dies with the Person Knighted and descends not to his Son Knights of the Bath are so called from their Bathing the Night before the Creation within the Lists of the Bath The first of this sort were made by Henry IV but now they are usually made at the Coronation of a King or Queen or Creation of a Prince of Wales They wear a Scarlet Ribbon Belt-wise and take place of Knights Batchelours but come after Baronets There are but a few Knights of this Order Knights Batchelours are the lowest sort of Knights and the most common Anciently this Degree was in greater esteem than it is at the present when it was only conferred upon Sword-men for their military Service who from the Gilt Spurs usually put upon them were called in Latine Equites Aurati Whereas now a days this Honour is also bestowed upon Gown-men viz. Lawyers and Physicians And all the Ceremony used in their Creation is their Kneeling down before the King and His Majesties lightly touching them on the shoulder with a naked Sword Anciently there was another Sort of Knights now disused I mean the Knights Bannerets who were Knighted in the Field This Order was accounted very honourable had the precedency of the Knights of the Bath and bore their Arms with Supporters which was not allowed to any under this Degree Next to Knights are the Esquires so called from the French Escuyer this from the Latine Scutiger which Name was given of old to him that attended a Knight in time of War and carried his Shield Whereas Esquire with us is a meer Title of Dignity next to and below a Knight and signifies a Gentleman or one that beareth Arms as a Testimony of his Nobility and Gentry They who by right claim this Title now are all the younger Sons of Noblemen and by the Common Law of England their very eldest Sons are Esquires and no more Next are the Esquires of the King's Body the eldest Sons of Noblemens younger Sons Knights eldest Sons and their elder Sons for ever Next Esquires created by the King by putting about their Necks a Collar of S's and bestowing on them a pair of Silver Spurs Those that are reputed or lookt upon as equal to Esquires tho none of them be really so are several Magistrates and Officers in the King's Court as Judges Sergeants at Law Sheriffs Mayors Justices of the Peace Counsellors at Law and the principal Commanders of an Army So Heads of Houses in the Universities Doctors of Law Physick and Musick usually take place next to Knights and before ordinary Gentlemen Lastly Gentlemen are properly such as are descended of a good Family bearing a Coat of Arms without any particular Title And these we call Gentlemen born But Use has so far stretched the signification of this Word both high and low that every Nobleman nay the King himself may be called a Gentleman And on the other side any one that without a Coat of Arms has either a liberal or genteel Education that looks Gentleman-like whether he be so or not and has wherewithall to live freely and handsomely is by the Courtesy of England usually called a Gentleman Others by their Offices are lookt upon as such particularly most of the King 's Menial Servants and the principal Officers in Noble-mens Families c. The Military Profession which has been always counted Noble seems to give the very meanest Professors of it a Title to this Quality But it is more particularly adapted to two distinct Bodies of the King's Guards the one called Gentlemen Pensioners who gard his Person within Doors and the other the Gentlemâ—n of the Guard by whom is meant his Body of Horse Guards who gard the Kings Person on horseback without Doors As in Germany all Noblemens so in England all Gentlemens Arms descend to all the Sons alike Only the eldest Son bears Arms without difference which the younger may not Besides above 700 Knights Baronets and the few Knights of the Bath there are reckoned to this day above 1400 ordinary Knights and 6000 Esquires and Gentlemen whose younger Brothers in all may make up at least 12000 all over England And the Land in the Possession of them all has been computed to amount at least to four Millions yearly The Law of England which is so Favourable to the Nobility has not a proportionable Regard for the Gentry For whether they be Knights Esquires or Gentlemen they are all reckoned by law even Noblemens Sons amongst the Commons of England So that the eldest Son of a Duke though by the Courtesy of England stiled an Earl shall be Arraigned if charged with a Crime by the Title of Esquire only and tried by a Jury of Common Free-holders In Parliament he can sit only in the House of Commons if elected unless he be called by the King 's Writ to the House of Lords Knights are distinguished in England by the Title of Sir prefixt to their Christen names And Gentlemen have no other Title but that of Master when spoken of and that of Sir when spoken to But if one writes to an Esquire the Direction ought to be thus as To Thomas Whitfield Esquire The Epithet of Honourable is usually given to any Knight Esquire or Gentleman distinguished by some eminent and personal Worth CHAP. XXI Of the Commonalty of England BY the Commonalty I mean Yeomen Merchants Artificers Tradesmen Mariners and all others getting their Livelyhood after a Mechanick Way Yeomen are such amongst the Commonalty who having Land of their own to a good value Keep it in their own hands husband it themselves and live with their Families upon it They are therefore by the Law called Freeholders because they hold Lands or Tenements Inheritable by a perpetual Right to them and their Heirs for ever Their Number is great in England and many of them have Estates fit for Gentlemen Forty or Fifty pounds a Year is veâ—â—â—ordinary 100 or 200 l. a Year in some Counties is not rare in Kent there are those who have 1000 l. and some more per Annum Which is not easy to be found amongst Men of this Rank any where else in Europe And whereas Husbandry is commonly lookt upon as the most innocent Life and the freest from the Corruption and Cheats that attend other Professions therefore the Law of England has a better
Opinion of the Yeomanry that occupy Lands than of Tradesmen or Artificers And accordingly Yeomen are capable of bearing some Offices as of Constable and Church-Warden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire to serve in Parliament c. And by the Statutes of England certain Immunities are given to Freeholders and Land-men tho they are not Gentlemen Next to Freeholders are the Copy-holders who are much of the same nature I mean those Copy-holders that hold Copy-holds certain Which is a kind of Inheritance in many Places called Customary because the Tenant dying and the Hold being void the next of Bloud paying the Customary Fine as two Shillings for an Acre or such like may not be denied his Admission They are called Copy-holders from the Copy of Court-Roll of the Mannor within which they hold their Land by which Copy only they hold it For this is all a Copy-holder has to shew for his Title which he takes from the Steward of the Lord of the Mannor's Court. But as England is one of the most trading Countries in Europe so the greatest Body of its Commonalty is that of Traders or Men that live by Buying and Selling. The most eminent whereof are those we call Merchants who trade only by Whole-sale These are the Men who by their Stock and Industry have found the Way not only to Inrich themselves but to make the whole Nation thrive and flourish by a perpetual Circulation of Trade by exporting home-bred and importing forein Commodities by incouraging thereby Navigation and by procuring comfortable Imployment to a vast Number of Artificers Tradesmen and â—â—etailers In short such is the benign Influence of Trade and Commerce by their means all over the Nation that there is scarce any part of it but feels the Benefit thereof And for this great Advantage to the Publick as well as their private Wealth they have got a proportionable esteem and respect from the rest of the Nation Insomuch that whereas Trading formerly rendred a Gentleman ignoble now an ignoble Person makes himself by Merchandizing as good as a Gentleman and many Gentlemen Born some of them Younger Sons of Noblemen take upon them this Profession without any prejudice or blemish to their Birth Nay the Law of England that ever had but a slight Opinion of Traders is so far Obliterated in this Point by Custom and Interest that whereas by Law a Ward come to Age may bring his Action of Disparagement against his Gardian for offering any such in Marriage now 't is common for Gentlemens and Merchants Sons and Daughters to Intermarry The truth is Gentility with competent Means is an excellent Compound but without it 't is but a wretched Condition as the World goes now And who would not rather be a substantial honest Trader so as to stand upon his own Legs and make some figure in the World than for want of Imployment to starve with a point of Honour or live a borrowed Life in this Age especially where Poverty is so little pitied and grown so contemptible Poverty says an Author the general Scare-crow of Mankind the fear of which keeps Men in perpetual Morion and makes them run headlong into the greatest Dangers Per Mare Pauperiem fugiunt per Saxa per Ignes Poverty a lingering kind of Death that having once seized upon ones Spirits dejects and stupifies him takes away the edge of his Senses weakens his Memory discomposes his Mind and makes him almost uncapable of any Thing Poverty in a Word that turns Men into ridicule as Juvenal has it in these Words Nil habet Paupertas durius in se Quam quod Ridiculos homines facit In France indeed where if a Gentleman born betakes himself to Trade forfeits his Gentility the Gentry stand so much upon their Honour that it is very rare to see a French Gentleman turn to Merchandizing But there they have greater Opportunities for preferring themselves according to their quality especially by the Way of Arms. And so jealous is the whole Body of them of this their Gentility that rather than have it exposed in any of their Members by naked and hungry Poverty their Way is to help one another to the utmost of their Power and which is very commendable they seldom fail to give a Gentleman though never so needy the Respect due to his Birth But it is something surprizing they should so much decline Merchandizing their King Lewis le Grand not to mention his other Commodities being the greatest Salt-Merchant in the Known World But to return to our Commonalty it may be said to comprehend three Parts in four of the Nation the Generality of them Imployed in Husbandry Trade and Navigation some in a higher others in a lesser Degree And such is the Happiness of this People in general that none injoy greater Priviledges or are more secure by Law from Oppression They are subject to no Taxes or Laws but what they contrive themselves by their Representatives in Parliament And in point of Trials none of them can be Tried but by a Jury of his Peers that is by Twelve Men Commoners like himself Nor can he be Condemned but by the Laws of the Land In short the Government is so very favourable to the Common People of England that unless the Laws be invaded which are the Bulwark of the Government they need not fear to be any Way oppressed CHAP. XXII Of the Clergy of England and first of the Bishops THE Clergy of England is like the Laity divided into several Ranks or Degrees For as the Laity consists of Nobility Gentry and Commonalty so the Clergy is divided into Bishops Dignitaries and Inferious Clergy The Bishops are those who take upon them the Government of the Church of England according to Law every one in his Diocese And as England consists of 26 Dioceses or Bishopricks so there are accordingly 26 Bishops or Diocesans Besides the Bishoprick of the Isle of Man which is a distinct Bishoprick Their Office being Pastoral their Business is to feed their Flocks with the wholsom Doctrine of the Church and so to oversee the Inferiour Clergy that by their Lives and Doctrine the People may Keep the Truth and live according to the Rules of Christianity And as each of them has a Canonical Authority over all the Priests of his Diocese so they have all in chief the Power of Ordination Which however is never performed but by the Bishop joyntly with some other Priests They are also Impowred to grant Institutions to Benefices upon Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the Successors Use They are bound to defend the Church-Liberties and once in three Years to Visit each his Diocese In this triennial Visitation they Inquire of the Manners Carriages and Offences of Ministers Church-Wardens and the rest of the Parishioners principally of Offenders against Justice
become bound to bring in an Inventory the Court of Aldermen have power to send him to Newgate there to remain till â—he submit and the Courts at Westminster will not release such Person After the Bond given the Executor must procure 4 Freemen to appraise the Testator's Goods In order to which he must cause them to appear before a Justice of Peace in London and take their Oaths that they shall make a just and true Valuation and Appraisement of the Goods and Chattels of the Deceased according to the best of their Judgements and Skills When the Appraisement is to be made the Common Crier is to have notice of it before-hand being appointed by the Court of Aldermen to see the same be fairly done and to the best advantage of the Orphan And unless the Common Crier or his Deputy be present and the Inventory signed by the Common Crier the Court of Aldermen will not allow thereof The Appraisement being made as aforesaid and signed by the Common Crier and the Appraisers it must be given to the Common Sergeant of the City or one of his Clerks at his Office in Guildhall-Yard he being the only Person intrusted by the Court of Aldermen to take all Inventories and Accounts of Freement Estates If he approves thereof he will cause it to be Ingrossed and a Duplicate of it to be made for the Executor or Administrator And when the same is examined by him and his hand set thereto in testimony thereof the Executor or Administrator must in the Court of Aldermen swear the same Inventory to be a true Inventory of the Goods and Chattels of the Party deceased according to the best of his Knowledge When the Inventory is so exhibited the Executor must become bound in a considerable Penalty either to bring in the Mony that shall appear due to the Orphans by the Inventory or within two Months to give good Security to pay the same into the Chamber of London for the Use of the Orphans when they shall come to Age or be married If the Executor pay the Mony into the Chamber of London the Court of Aldermen usually allow five per Cent Interest for so much Mony of the Testator's Estate as is due to the Orphans by the Custom of London so as the same exceed not 500 l and for Legacy-mony 3 l. 6 s. 8. d. per Cent. But if the Executor shall not think fit to pay the Mony into the Chamber he must become bound with 3 Sureties to the Chamberlain of London for the time being in one or more Recognizances or else by Bond to pay the Mony due to Orphans And in case the Security live within the Liberties of London they must be bound by Bond. Now as to Recognizances the Custom is never to make any touching Orphans of greater Penalty than 400 l. and not for the Payment of above 300. Therefore if the Sum for Example be 900 l. the Security must become bound by 3 Recognizances each for the Payment of 300 l. If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to account for the Rents and Profits thereof The Securities must take particular care that â—one of the Orphans marry or be put Apprenâ—ice with their Consents without the Leave of the Court of Aldermen first obtained for that â—urpose And as the Orphan comes to be of the Age of 21 Years or to be married with the Consent of the Court of Aldermen the Securities must take care to bring him to Guildhall with a person to prove his Age. Then the Orphan must acknowledge satisfaction for the Mony due to him or her of the Testator's Estate which must be done in the Court of Aldermen And upon Motion made by Mr. Common Sergeant the Court does order that all Bonds entered into for the Payment of such Orphan's Portion shall be delivered up and cancelled And if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances The Chamber of London is counted the safest and best Security in or about London 〈◊〉 the Moneys paid therein to the Use of the City or any Orphan being constantly repaid upon Demand without any trouble And when Orphans come to Age or be married with the Consent and Approbation of the Couâ— of Aldermen they may receive their Portion if paid into the Chamber at an hours notice though the Sum be 10000 l. or more Mâ— Chamberlain and his Clerks attending daily 〈◊〉 that purpose The finding or Interest Mony is constantly paid as it becomes due and the Court haâ— always taken great Care that every Orphaâ— shall receive his or her Portion out of the Chamber of London without paying any other or greater Fees than has been paid timâ— out of mind The Custody of Orphans is committed by the Court of Aldermen to such Person or Persons as they think fit And if any Person whatsoever do intermarry with any Orphaâ— without Leave of the said Court such Persoâ— may be fined by that Court according to the quality and portion of the Orphan And unâ—â— less such Person do pay the Fine or give Bonâ— to pay the same in some reasonable Timâ— though he shall have ten times a better Estate 〈◊〉 the Orphan he intermarries yet the Court may commit him to Newgate there to remain â—â—til the Fine be paid But if he settle an Estate upon the Orphan as the Court shall diâ—â—ct and make application to the Court â—â—y Petition to have the Fine remitted they â—ill in probability shew favour to such Perâ—on as they have done in the like Caâ—s The Lord Mayor Aldermen and Commons of the City of London in Common Council â—ave made several good Acts and Orders to preâ—ent Freemens Children from Marrying without the Consent of their Parents and Guardians â—nd to keep them from vicious Courses More â—articularly an Act of Common Council called Judds Law made in the Mayoralty of Sir Andrew Judd Knight in the Fifth year of King â—dward VI. Which Law though unrepealed the Lord Mayor and Aldermen have sometimes for special Reasons thought fit to dispense with in favour of Orphans that have â—ought Relief against the Penalties therein mentioned By the Custom of London a Freemans Wiâ—ow may require a third part of his Personal â—state after his Debts paid and Funeral Charâ—es discharged besides her Widows Chamber â—mished and his Children may require anoâ—er third part thereof The other third part â—f his Estate he may by his last Will give away â—ther to his Wife or any of his Children or â—ny other Person whatsoever But if he die â—thout Issue his Widow may require a Moity â—f his personal Estate after Debts paid together â—ith her Widows Chamber furnished And 〈◊〉 a Freeman make his Will contrary to this Custom and give away more than a third of his Estate from his Wife and Children they may be relieved against such Will by exhibiting their Bill in this Court
petty Matters and Offences there committed contrary to the Proclamation made on Bartholomew Eve in the Afternoon at the great Gate going into the Cloth-Fair for the better regulating this Fair. Besides the foresaid Courts every Alderman keeps a Court in his Ward called Wardmote for Things relating to his Ward but still under the Direction of the Lord Mayor Who annually issues out his Precept to every Alderman to hold his Wardmote for the Election of Common Council-Men and other Officers The Companies of Traders have also their Courts called Halmotes for regulating what belongs to their several Trades and so called from the Halls or Assembly Places where they meet many of them very stately Buildings CHAP. XVI Of the Punishments inflicted on Malefactors IN the 9th Chapter of this Part I have shewn at large the Manner of Trying Criminals in England wherein is to be commended our English Humanity towards Prisoners that are upon their Trial. When other Nations under pretence that no Man ought to be put to Death but upon his own Confession of the Crime he stands charged with have devised such racking Tortures to extort the Confession as make often the Innocent cry Guilty and prefer Death to the Rack But this I have already toucht upon in my first Part. My Business is now to speak of the Punishments inflicted here upon Criminals of what nature soever Hanging is the usual Punishment to Death in England either for High Treason Petty Treason or Felony But the Manner is different For a Traytor to the King and Government is to be drawn upon a Hurdle or Sledge to the Gallows and there to be hanged by the Neck But then he is presently cut down â—live his Entrals pulled out of his Belly and â—urnt before his Face his Head cut off and his Body divided into four Parts and both the Head and Body hung up or impaled where the King shall command This Punishment indeed considering all its Circumstances seems cruel to such as do not narrowly consider the nature of the Crime Whereas the Law thinks it but reasonable that whosoever indeavours to cut off the King or rend the Government should be himself cut off and rent as before said As for his Lands and Goods they are forâ—eited to the King his Wife if married loses her Dower and if he be Noble his Children lose their Right of Nobility aswell as Inheritance For by the Law Treason taints the Bloud But it is observable as to the Kings Person that it is not only downright killing or murdering the King which makes it High Treason For the very imagining or contriving his Death without any overt Act is High Treason Falsifying and Clipping of Mony is also High Treason by Law But the Offender's Punishment is only to be Drawn and Hanged by the Neck till he be dead The same it is with one guilty of Petty Treason as when a Servant kills his Master or Mistris a Wife her Husband or a Clergy-man his Prelate to whom he ow's Obedience For Felony as Murder Theft or Robbery and other Capital Crimes for which anciently there were several sorts of Punishments the Malefactor is but Hanged since the Reign of Henry I. But when the Robbery is attended with Murder the Criminal after he is hanged and dead is taken down to be hanged in Chains and so to hang in terrorem till the Body be quite rotted off or eaten up by the Birds of the Air. As to Persons of great Birth and Quality convicted of High Treason Petty Treason or Felony tho the Judgment be the same with that of common Persons yet by the Kings Favour they are usually Beheaded Which is performed with an Ax upon a Block lying on the Scaffold and not as in other Countries by a Sword kneeling or standing The Notion of Murder as a Capital Crime invites me to explain two Law-Terms relating to it viz. Manslaughter and Chance-medley Manslaughter is the unlawful killing of one without prepensed Malice As when two that formerly meant no harm one to another meet together and falling out upon some sudden Occasion the one kills the other It differs from Murder because it is not done with fore-going Malice and from Chance-medley because it has a present Intent to kill 'T is Felony but it is allowed the Benesit of the Clergy for the first time Chance-medley otherwise called Manslaughter by Misadventure signifies the casual Killing of a Man not altogether without the Killer's Fault though without an evil Intent for which the Offender shall have his Pardon of course But here must be considered whether the Offender when he committed this Manslaughter by Chance-medley was doing a lawful Thing For if the Act were unlawful it is Felony As if two are fighting together and a third Man comes to part them and is killed by one of the two without any Malice fore-thought or evil Intent in him that killed the Man yet this is Murder in him and not Manslaughter by Chance-medley or Misadventure because they two that fought together were doing an unlawful Act. And if they were met with prepensed Malice the one intending to kill the other then it is Murder in them both Burning alive is sometimes used but only for Witches and Women convicted of High Treason or Petty Treason In the Time of Popery especially in the Reign of Queen Mary this was the proper Punishment for Hereticks that is in the Popish Sense for Protestants When the Papists who ever delighted in humane Sacrifices made Bonefires of them and reserved Hell-fiâ—e for themselves Pressing to Death called by the Law Peine forte dure is a Punishment for those only that being Arraigned either of Petty Treason or Felony refuse to Answer or to put themselves upon the ordinary Trial of God and the Country Which by the Law is called to stand Mute And for this Contumacy the Offender is to be sent back to the Prison whence he came there to be laid in some low dark Room all naked but his privy Members his Back upon the bare Ground his Arms and Legs stretched with Cords fastened to the several Quarters of the Room Then is laid upon his Body Iron and Stone as much as he may bear or more The next Day he shall have three morsels of Barley-bread without Drink and the Day after he shall have for his Drink as much of the next Water to the Prison as he can drink three several times except it be running Water and that without any bread And this is to be his Diet till he Die Which grievous kind of Death some stout Men have chosen to save their Estates to their Children and keep their Bloud from being stained But in case of High Treason though the Criminal stand mute yet Judgment shall be given against him as if he had been Convicted and his Estate shall be Confiscated In many Parts beyond Sea the Criminals hanged or beheaded are denied Christian Burial their Society being declined in the Grave who