Parliament dispenses with that Act. Neither can any be legally chosen that is not of full Age that is 21 Years old at least And reason good for if no Man under that Age can dispose of his Estate much less should he have any share in the supream Power of the Nation to judge vote or dispose of the Estate of the Realm Yet the Practice in the House of Commons has often been otherwise in the House of Lords but seldom Whoever stands to be Elected must be a Native Englishman or at least must be Naturalized by Act of Parliament No Alien Denizated ought to sit here None of the Judges can be chosen that sit in the Bench Common Pleas or Exchequer because they are Assistants in the Lords House But any that have Judicial Places in other Courts Ecclesiastical or Civil being no Lords of Parliament are Eligible No Sheriff nor Clergy-man can be chosen a Member of Parliament Not the first because his personal Attendance is required within his Bayliwick during the time of his Sheriffalty Nor the last because he is of another Body viz. the Convocation and the Clergy of the convocation-Convocation-House are no Part or Member of the Parliament A Man attainted of Treason or Felony c. is not Eligible For he ought to be magis idonâ—us discretus sufficiens But a Person Outlawed in a Personal Cause may be a Burgess And tho the Common Law do's disinable the Party yet the Priviledge of the House being urged prevails over the Law Anciently the Elected Members had a competent Allowance from the respective County City or Borough for which they served in Parliament A Knight of the Shire was allowed 4 shill and a Citizen or Burgess 2 shill a Day which in those Days was a considerable Sum. But then the Sessions were but short sometimes but eight Days sometimes less seldom above three or four Weeks and yet during that short space of time several great and weighty Affairs were dispatched Which as some think were prepared to their hand by the King and Council as it is now practised in Sweden by the 40 Counsellors of State and in Scotland by the Lords of the Articles And if they did only debate upon such Things as the King did propose a little Time might serve well enough to do it But it do's not appear to be so by what passed Feb. 9. 1597 39 Eliz. When the Queen gave her Royal Assent to 24 publick and 19 private Bills but refused 48 Bills more which had passed both Houses Certain it is that there was less Canvassing and more Plainness in those Days than there is at present The Place of Meeting for this honourable Assembly is in whatsoever City Town or House the King pleases But of latter times it has been ufually at the Kings ancient Palace at Westminster the Lords in a Room by themselves and the Commons not far from them in another Room which formerly was S. Stephens Chappel When the Day prefixt by the King in his Writs of Summons is come His Majesty usually comes in person to the House of Lords cloathed with his Royal Robes the Crown upon his head and the Sword of State before Him At the upper end of the Room is placed a Chair of State under a Canopy upon which His Majesty sits Then all the Temporal Peers appear in their Scarlet Robes every one according to his Degree and the Spiritual Lords in their Episcopal Habit which they do all the Sessions On the Kings right hand next the Wall are placed on a Form the two Arch-Bishops next below on another Form the Bishops of London Durham and Winchester then upon other Forms on the same side all the rest of the Bishops sit according to the priority of their Consecration The Lord Chancellor or Keeper when there is one stands behind the Cloth of State or fits on the first Wool-sack before the Chair of State with his Great Seal and Mace by him On the Kings left hand are placed the Treasurer President of the Council and Lord Privy Seal of they be Barons above all Dukes but those of the Royal Family if not Barons then they sit uppermost on the Wool-sacks And on the same side sit the Dukes Marquesses or Earls according to their Creation Cross the House below the Wool-sacks the first Form is that which the Viscounts sit upon and upon the next Forms the Barons all in order The King being thus seated in his Throne with this noble Appearance of the Peers of the Realm all standing uncovered his Majesty sends for the Commons from their Room where they are assembled Who being come at least part of them stand at the Bar of the Lords House Whereupon the King makes a short Speech to both Houses concerning such Matters as He thinks fit to lay before them for the Good of the Kingdom Amongst which that of a Supply of Mony is most commonly one in order to answer the extraordinary Charges of the Crown The King having ended his Speech the Chancellor or Lord Keeper did formerly use by the Kings Appointment to inlarge upon it with all the Rhetorick and Logick the Matter could bear to dispose both Houses to a Compliance with the King But His present Majesty has declined that Method and being a Prince of few Words gains more upon rational Men by his concise and plain Way of Delivery as the more agreeable to a true generous Nature than perhaps he might with all the Windings and Turnings of artificial Rhetorick Then the Speaker of the House of Lords commands in the Kings Name the Commons to assemble in their House there to chuse one of their Members for their Speaker and to present him such a Day to His Majesty Upon which the King withdraws and the Commons presently re-assemble themselves in the Lower House in order to chuse one of their Members for Speaker Sometimes as in the last Session the Speaker is chosen by the Kings Command before fore His Majesty delivers his Speech to both Houses of Parliament After the Speaker is chosen and the Choice approved by the King His Majesty leaves both Houses to their private Debates upon the Subject of his Speech and do's no more appear amongst them that Session in his Royal Robes except upon the passing of any Act or at the Close of the Session whether it be by Adjournment Prorogation or Dissolution 'T is true upon any extraordinary Debate in the House of Lords 't is customary with the Kings of England to assist at the same not to argue upon it or to influence the House one way or other but only to hear the Arguments of the House upon the Matter in Debate But then the King appears without his Crown and Robes and every Peer sits except when he speaks to the House as if the King were not there The House of Lords otherwise called the House of Peers or the Vpper House consists of 189 Members Viz. 163 Temporal Lords whereof 14 Dukes 3 Marquesses
dissolved and can act no more without a new Power The usual Time for the House to receive the Reports is after the House is full And 't is commonly the first Thing they go then upon unless there be Bills Ingrossed which are to take place and publick Bills before private The Reporter must first acquaint the House That he is to make a Report from such a Committee to whom such a Bill was Committed Then standing in his place he reads each of the Amendments with the Coherence in the Bill opens withal the Alterations and shews the Reasons of the Committee for such Amendments until he has gone through all When that is done if his Seat be not next the Floor he must come from his Place to the Bar and so come up to the Table where he delivers both the Bill and Amendments to the Clerk to be read Whilst he stands by the Clerk the Clerk reads twice the Amendments only that are to be Inserted and then he delivers the Bill with the Amendments to the Speaker Whereupon any Member may speak against all or any of the Amendments and desire the Coherence to be read But he is to make all his Objections at once to all the Amendments without speaking again Note that in the House of Lords the Judges and other Assistants there of the long Robe are sometimes Joyned to the Lords Committees though they have no Voice in the House But whereas in the House they sit covered by the Leave of the Peers at a Committee they are always uncovered A Grand Committee called a Committee of the whole House is the House it self resolved into a freedom of Debate from the Rules of the House to the Nature of a Committee and therefore 't is commonly called a Committee of the whole House These Grand Committees are used when any great Business is in hand that requires much Debate as Bills to impose a Tax or raise Mony from the People Which Bills particularly do always begin in the House of Commons as their Representatives In these Committees every Member is free to speak to one Question as often as he shall see Cause which is not permitted in the House and to answer other Mens Reasons and Arguments So that it is a more open Way and such as leads most to the Truth the Proceeding more honourable and advantagious both to King and Parliament When the House inclines to resolve it self into a Committee it is done by a Question Which being carried in the Affirmative the Speaker leaves the Chair and thereupon the Committee makes choice of a Chair-man If a Dispute arises about the Choice the Speaker is called back to his Chair and after the Choice is cleared he leaves it The Chair-man sits in the Clerks Place at the Table and writes the Votes of the Committee the gathering whereof is according to the Rules of the House When the Committee has gone through the Matter in hand the Chair-man having read all the Votes puts the Question That the same be Reported to the House If that be Resolved he is to leave the Chair and the Speaker being called again to the Chair the Chair-man is to Report what has been resolved at the Committee standing in his usual Place From whence if it be not in the Seat next the Floor he is to go down to the Bar and so to bring up his Report to the Table In case the Committee cannot perfect the Business at that sitting Leave is to be asked That the Committee may Sit at another time on that Business But if the Matter has been throughly Debated and is judged fit to be Resolved in the House the Speaker is called to the Chair for that purpose In other Things the Proceedings are the same as in the House And so much for the Committees I proceed now to the Manner of Adjourning Proroguing or Dissolving the Parliament which is done at the Kings Pleasure and that in the House of Lords with the same Appearance and Solemnity as I have already described An Adjournment and Prorogation are to some convenient time appointed by the King himself but with this Difference that an Adjournment do's not conclude the Session which a Prorogation do's So that by an Adjournment all Things debated in both Houses remain in statu quo and at the next Meeting may be brought to an Issue Whereas a Prorogation makes a Session and then such Bills as passed either House or both Houses and had not the Royal Assent must at the next Assembly begin anew before they can be brought to perfection Upon an Adjournment or Prorogation the King do's usually make a Speech to both Houses of Parliament And he ought to be there in Person or by Representation as on the Day of their first sitting Now the Kings Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin adjourn prorogue c. But 't is Observable that each House has also a Power to Adjourn themselves which when they do 't is at the most but for a few Days A Dissolution is that whereby the House of Commons becomes Vacant in order to a new Election Now a Parliament may be Dissolved by the King at any time whether they be actually sitting or not But if a Parliament do sit and be Dissolved without any Act of Parliament passed or Judgment given 't is no Session of Parliament but a Convention The King being the Head of the Parliament if his Death happens when there is a Parliament 't is ipso facto Dissolved 'T was a Custom of old after every Session of Parliament for the Sheriff to Proclaim by the Kings Command the several Acts passed in that Session that none might pretend Ignorance And yet without that Proclamation the Law supposes every one has noticeby his Representative of what is transacted in Parliament But that Custom has been laid aside since Printing came to be of common Use The Parliament ought to sit by Law at least once in three Years Thus I have laid open the Supream Court of England which without the Kings Concurrence can legally do nothing that 's binding to the Nation but with it can do any thing For whatever is done by this Consent is called firm stable and sanctum and is taken for Law Thus the King and Parliament may abrogate old Laws and make new settle the Succession to the Crown Define of doubtful Rights whereof no Law is made Appoint Taxes and Subsidies Establish Forms of Religion Naturalize Aliens Legitimate Bastards Adjudge an Infant or Minor to be of full Age Attaint a Man of Treason after his Death Condemn or Absolve them who are put upon their Trial Give the most free Pardons Restore in Bloud and Name c. And the Consent of the Parliament is taken to be the Consent of every Englishman being there present in Person or by Procuration King John having resigned up the Crown of England to the Pope and
Defenders of the Faith Which last Title was given by Pope Leo X to King Henry VIII for a Book written by him against Luther in Defence of some Points of the Romish Religion and afterwards confirmed by Act of Parliament for Defence of the ancient Catholick and Apostolick Faith as it is now professed by the Church of England Whereas the King of France is called Most Christian and the King of Spain Most Catholick The Title of Majesty came not into use in England till the Reign of Henry VIII Instead whereof the Title of Grace now appropriated to the Dukes and the two Archbishops was given to former Kings and that of Highness to the foresaid King Henry till the Word Majesty prevailed When we speak to the King the Word Sir is often used besides Your Majesty according to the French Sire which is likewise applied â—o that King For the King's Arms or Ensigns Armorial He â—ears in the first place for the Regal Arms of â—rance Azure 3 Flower de luces Or quarterâ—d with the Arms of England which are Gules 〈◊〉 Lions passant Gardant in pale Or. In the seâ—ond place for the Royal Arms of Scotland a â—ion rampant Gules within a double Tressure â—unter flowred de luce Or. In the third place or Ireland Azure an Irish Harp Or stringed â—rgent In the fourth place as in the first To which has been added since the present King's â—ccession to the Crown another Lion in the â—iddle thus blazoned Azure a Lion rampant â—r between an Earl of Billets Or. And all this within the Garter the chief Enâ—gn of that Order above which is an Helmet â—swerable to his Majesties Sovereign Jurisâ—iction and upon this a Mantle The Mantle 〈◊〉 Cloth of Gold doubled Ermin adorned with 〈◊〉 Imperial Crown and surmounted for a Crest 〈◊〉 a Lyon Passant Gardant Crowned with the â—â—ke The Supporters a Lyon Rampant Gardant 〈◊〉 Crowned as the former and an Vnicorn Arâ—â—t Gorged with a Crown thereto a Chain afâ—ed passing between his Fore-legs and reâ—xed over his Back Or. Both standing upon Compartment placed underneath and in the â—ce of the Compartment this Royal Motto â—en mon Droit that is God and my Right â—hich Motto was taken up by Edward the â—ird when he first claimed the Kingdom of â—ance Who also gave the Motto upon the â—â—ter Honi soit qui mal y pense that is Shame to him that evil thereof thinketh The Arms of France are placed first as being the greater Kingdom and perhaps thereby to induce the French the more easily to owâ— the English Title The Ensigns of Royalty such as Crowns Scepters Purple-Robe Golden-Globe and Holy Vnction the King of England has them all And so he has all the Marks of Sovereignty As the Power of making Treaties and League with forein States of making Peace or Waâ— of sending and receiving Ambassadours Creating of Magistrates Convening the Parliament of Adjourning Proroguing and Dissolving the same when he thinks fit of conferring Title of Honour of pardoning some Criminals oâ— Coyning c. All which Marks of Sovereignty are by Law lodged in the Crown Accordingly the King of England without the Concurrence of his Parliament levies Meâ— and Arms for Sea and Land-Service and may if need require press Men for that purpose He has alone the Choice and Nomination of aâ—â— Commanders and Officers the principal Direction and Command of his Armies and thâ— Disposal of all Magazines Ammunition Castles Forts Ports Havens Ships of War The Militia is likewise wholly at his Command And though he cannot of himself raise Mony upon his Subjects without his Parliament yet he haâ— the sole Disposal of publick Moneys In the Parliament He has a Negative Voice that is he may without giving any Reason for it refuse to give his Royal Assent to anâ— Bill though passed by both Houses of Parliâ—ment and without his Assent such a Bill 〈◊〉 but like a Body without Soul He may at 〈◊〉 pleasure increase the Number of the House 〈◊〉 Peers by creating more Barons or summoning thither whom he thinks fit by Writ and of the House of Commons by bestowing Priviledges on any other Town to send Burgesses to Parliament He has the Choice and Nomination of all Counsellours and Officers of State of all the Judges Bishops and other high Dignities in the Church In short the King is the Fountain of Honour Justice and Mercy None but the King has the Sovereign Power in the Administration of Justice and no Subject has here as in France Haute Moyenne basse Jurisdiction that is High Mean or Low Jurisdiction So that the King only is Judge in his own Cause though he deliver his Judgement by the Mouth of his Judges By Him is appointed the Metal Weight Purity and Value of Coyn and by his Proclamation he may make any forein Coyn to be lawful Mony of England So tender is the Law for the Preservation of his Sacred Person that without any overt Act the very Imagining or intending the Death of the King is High Treason by Law And though by Law an Idiot or Lunatick Non Compos Mentis cannot commit Felony nor any sort of Treason yet if during his Idiocy or Lunacy he shall Kill or go about to Kill the King he shall be punished as a Traytor In point of Physick by an ancient Record it is declared That no Physick ought to be administred to the King without a Warrant signed by the Privy Council by no other Physician but what is mentioned in the Warrant and the Physicians to prepare it themselves with their own hands If there be occasion for a Surgeon he must be likewise authorized by a Warrant And such is the Honour and Respect the King of England receives from his Subjects that 〈◊〉 Prince in Christendom receives more Homage Not only all Persons stand bare in his presence but even in his absence where he has a Chaiâ— of State All People at their first Address kneel to him and he is at all times served upon the Knee 'T is true the King of England is not free to act contrary to or to dispense with the known established Laws Neither can he of himself repeal a Law or make any new Law without the Concurrence of both Houses of Parliament A happy Impotency both to King and People For whilst the King keeps within the Bounds of the Law he can do no Wrong and the People can receive no Harm Had the late King but acted accordingly he might have been a most glorious Monarch instead of being now a general Object of Pity Far from being necessitated to creep under the shelter of a Proud Monarch he might have been a Curb to his Pride and the Refuge of many Nations that suffered Fire and Sword to advance what he called his Glory Three Crowns at once are too great a Sacrifice not to God but to a Mercenary Crew of Priests and Jesuits Tantum Religio potuit suadere Malorum As to the Rank and Reputation
of Salisbury began the Sermon his Text being taken out of 2 Sam. 23. V. 3 4. The Sermon ended Their Majesties took the Oath And being conducted to their Regal Chairs placed on the Theater that they might be more conspicuous to the Members of the House of Commons who were seated in the North-Cross They were Anointed After the Unction they were presented with the Spurs and Sword invested with the Palls and Orbs and then with the Rings and Scepters At four of the Clock the Crowns were put upon their Heads at sight whereof all the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Their Majesties and after the Benediction They vouchsafed to kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed Their Majesties left Cheeks In the mean while the Treasurer of the Houshold threw about the Coronation Medals which were of Silver about the bigness of a half-crown Piece representing of one side the King and Queen with their Names thus Gulielmus Maria Rex Regina And on the Reverse giddy-brained Phaethon unskilfully guiding the Chariot of the Sun with Jupiter above striking him with a Thunder-bolt and this Motto about it Ne Totus Absumatur that is Lest the whole World be Consumed with fire A very pat Emblem to the present Juncture as those may best judge who are well acquainted with the Story of Phaethon Next followed the Communion And Their Majesties having made Their second Oblation received the holy Sacrament Then the Bishop read the final Prayers After Prayers Their Majesties retired into S. Edward's Chapel where they were new Arrayed in Purple Velvet And in this Habit they returned to Westminster-Hall with Their rich Crowns of State upon their Heads and the Nobility their Coronets A splendid Dinner being prepared in the Hall for Their Majesties and the whole Proceeding the first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High Constable High Steward and Earl Marshal But the Tables of the Nobility c. were all ready furnished before their Coming in Before the second Course Charles Dymoke Esq Their Majesties Champion came into the Hall on horse-back between the High Constable and the Earl Marshal where be performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendour and Magnificence Their Majesties about eight in the Evening returned to Whitehall CHAP. IX Of the King's peculiar Prerogatives Also of His Power Court and Revenues in general BEsides the Royal Marks of Sovereignty inherent in the Crown of England the King has certain Priviledges properly called by the Name of Prerogatives which are so many Flowers of the Crown The principal are these that follow First all Estates for want of Heirs or by Forfeiture escheat or revert to the King To Him also belong all Lands of Aliens dying before Naturalization or Denization unless they leave Issue born within his Dominions All Waste Ground or Land recovered from the Sea All Gold and Silver Mines in whose Ground soever they are found All Wayfs Strays and Wracks not granted away by Him or any of his Predecessors All Treasure found as Gold Silver Plate Bullion c. the Owner whereof is unknown All Royal Fishes as Whales Dolphins c. And Royal Fowl as Swans not markt and swimming at liberty on the River The King by his Prerogative has the Right of Pre-emption of all Sorts of Victuals near the Court and may take Horses Carts Ships and Boats for his Carriages at reasonable Rates By his Letters Patent he may erect new Counties Cities Boroughs Universities Colledges Schools Hospitals Fairs Markets Forests Chases Free-Warrens c. And without his Authority no Forest Chase or Park can be made or Castle built He has Power likewise to Infranchise an Alien and make him a Denison whereby he is inabled to purchase Houses and Lands and to bear some Offices But none can be Naturalized but by King and Parliament The King only can give Letters of Mart or Reprisal And in case of Losses by Fire or otherwise He only can give Patents to receive the charitable Benevolences of the People without which no Man may ask it publickly Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and till the Kings Debts be satisfied He may protect the Debtor from the Arrest of other Creditors He may Distrein for the whole Rent upon one Tenant tho he do not hold the whole Land Is not obliged to demand his Rent as others are and may sue in what Court he pleases and Distrain where he list No Occupancy can stand good against the King nor any Entry before Him prejudice him And the Sale of the Kings Goods in open Market do's not take away his Property therein All Receivers of Mony for the King or Accomptants to Him for any Branch of his Revenues are chargeable for the same at all times in their Persons Lands Goods Heirs Executors and Administrators And when any Debtor to the King is disabled to pay him by reason of Debts owing him which he has not been able to recover in such a Case the Kings Debtor being Plaintiff has some Priviledges above others by virtue of a Quo minus in the Exchequer In Doubtfull Cases always there ought to be a particular Regard and favourable Presumption for the King And Judgments against the King's Title are always entred with a Salvo Jure Domini Regis That if at any time the King's Council at Law can make out his Title better that Judgment shall not prejudice Him Which is not so for a Subject The King's Servants in Ordinary are free from Arrest also from all Offices that require their Attendance as Sheriff Constable Church-Warden c. And for reasonable Causes Him thereunto moving He may protect any Man against Suits at Law c. with a Noli Prosequi As to Church Matters the King by Act of Parliament is the Supream Head of the Church as He is of the State and is lookt upon as her Gardian and Nursing Father He is as Constantine the Emperor said of himself an external Bishop of the Church and in some Sense a Priest aswell as a King Therefore at his Coronation He is Anointed with Oyl as the Priests were at first and afterwards the Kings of Israel to intimate that his Person is Sacred and Spiritual and has the Dalmatica and other Priestly Vests put upon Him By virtue of his Prerogative He has Power to call a National or Provincial Synod and to make such Alterations in the Church-Discipline as they shall judge expedient And as He is the Lord Paramount or Supream Landlord of all the Lands in England so He has all over England the Supream
the Fee He is free to consent to Marriage and may by Will dispose of Goods and Chattels At the Age of 15 he ought to be Sworn to his Allegiance to the King at 21 he is said to be of full Age. Then he is free to make any Contracts and to pass by Will both Goods and Lands which in other Countries may not be done till the Age of 25 called Annus Consistentiae A Daughter at the Age of 7 Years may consent to Marriage but at 12 she is free to retract or confirm it If she confirms it then the Marriage is good and she may make a Will of Goods and Chattels At 21 she may Contract or Alienate her Lands by Will or otherwise Servants in England are either tied to a certain Number of Years or only by the Year these being free to quit their Service at such a Warning as is agreed upon between the Master or the Mistris and the Servant By those that are tied to a certain Number of Years I mean Apprentices the usual Time for their Apprentiship being 7 Years This is the most Servile Condition in England considering the Lash they ly under together with their long and strict Confinement under Articles And whereas other Servants receive Wages for their Service these commonly do pay a Sum of Mony to their Masters for their Prenticeship The Condition of other Servants is much easier all over England For besides that few undergo the Hardship that Prentices do they may be free at the Years end giving 3 Months Warning and if a Servant do not like one Master he may go to another where perhaps he may find more favour or advantage But before a Person ventures upon such a Servant 't is civil first to get his former Masters Leave and prudential to have from him a testimony of his faithfulness and diligence Now there are so many Degrees of Serâ—ants in England that if some live meanly there are others who live genteely and some of these so splendidly as to keep Servants of their own In great Families where a Person of quality makes a proper Figure and has a sutable Attendance there is a necessary Subordination of Servants so that the Inferiour Servants may be at the beck of their Superiour Officers to answer the several parts of their respective Duties Thus a great Man lives like a Prince and Keeps a Court of his own In general it may be said no Country is more favourable than England to Servants who generally live here with more ease and less Subjection and have larger Salaries than any where else The truth is if we consider the nature of a Servant how by going to Service he devests himself of what is dearest to Mankind his Liberty and Subjects his Will to another who sometimes proves magget-headed cruel or tyrannical I think it but reasonable to have a tender Regard for good Servants For this amongst other Things was that great Man of Spain Cardinal Ximenes so noted in his time who proved so bountiful and so generous a Master to his Servants that History to this day does admire him for it As for stubborn and unruly Servants the Law of England gives Masters and Mistresses Power to correct them and Resistance in a Servant is punished with severe Penalty But for a Servant to Kill his Master or Mistris is so high a Crime that it is counted Petty Treason or a Crime next to High Treason Since Christianity prevailed here England admits of no forein Slaves In forein Plantations indeed the English as other Nations buy and sell Negro's as Slaves But a forein Slave brought over into England is upon Landing ipso facto free from Slavery though not from ordinary Service 'T is true there has been a sort of Tenure here called a Tenure in Villenage and the Tenant Villain who was in effect a Bond-man to the Lord of the Land For the Lord might take Redemption of him to marry his Daughter and to make him free He might put him out of his Lands and Tenements Goods and Chattels at his Will and might beat and chastise but not maim him Now such Villains are out of date though the Law concerning them stands unrepealed to this day Servorum Nativorum says Spelman apud nos sublata est Conditio quas ideo possidebant Terras vel Praedia hodie libere tenent sub antiquae Servitutis Consuetudinibus And Sir Edward Coke out of Fortescue has this Note Impius Crudelis judicandus qui Libertati non favet for which he gives this as the Reason of it Anglia Jura in omni Casu dant favorem Libertati the Laws of England in all Cases stand for Liberty The End of the Second Part. THE THIRD PART OF THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary CONTAINING A Description of the several Courts of Judicature Viz. The highest Court of Parliament Privy Council and all other Courts with a Catalogue of the present Officers in Church and State London Printed in the Year 1691. THE NEW STATE OF ENGLAND PART III. Of the Courts of Judicature CHAP. I. Of the Parliament of England THE High Court of Parliament being the Great Council of England the Supreme Court of Judicature and One of the most August Assemblies the World is the Court that I am to speak in the first place It came to be called Parliament from the French Parlement and this from their Verb Parler to speak or talk together The same is taken in a two-fold Sense First as it includes the Legislative Power of England as when we say an Act of Parliament In which Acceptation it includes the King Lords and Commons each of which have a Negative Voice in making Laws so that without their joynt Consent no Law can by either abrogated or made Secondly in a Vulgar Sense as when we say the King and Parliament or the King has called a Parliament by which is meant the Two Houses viz. the House of Lords and the House of Commons This Court is a Body Corporate consisting according to the first Acceptation of the Word of the Three Estates of the Realm And though the Name Parliament by which it is now called be not probably older than the Conquest by William Duke of Normandy yet 't is made plain by ancient Records and Precedents that the former Kings of England even in the Saxons-time had from time to time great National Councils much of the same nature as our Parliaments In the Saxons Time says Lambard the great Council of the Nation consisted of the King Lords and Commons It is most apparent says Prinn by all the old Precedents before the Conquest that all our ancienâ— Councils were nothing else but Parliaments called by different Names in several Ages till at lasâ— that of Parliament was fixed upon them and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usuall present and voted there as Members and Judge The same is averred
the rest Seriatim every one answering apart Content or Not Content first for himself and then severally for so many as he hath Letters and Proxies For any Peer of the Realm by License of the King upon just Cause to absent may make a Proxy that is may constitute another Lord to give his Voice in the Upper House when any Difference of Opinion and Division of the House shall happen Otherwise if no such Division fall out it never comes to be questioned or Known to whom such Proxies are directed By an Order of this House in the Reign of Charles I it was Ordered that no Peer should be capable of receiving above two Proxies or more to be numbred in any Cause voted If a Bill passed in one House and being sent to the other this demur upon it then a Conference is demanded in the Painted Chamber Where the deputed Members of each House meet the Lords sitting covered at a Table and the Commons standing bare with great respect There the Business is debated and if they cannot agree it is nulled When Bills are passed by both Houses upon three several Readings in either House before they can have the force of Law they must have the Royal Assent which puts life into them For as there is no Act of Parliament but must have the Consent of the Lords and Commons and the Royal Assent of the King so whatsoever passeth in Parliament by this threefold Consent hath the force of an Act of Parliament The Royal Assent which used formerly to be deferred till the last Day of the Session is given after this manner whenever the King thinks fit His Majesty then comes into the House of Peers with his Crown on his Head and cloathed with his Royal Robes Being seated in his Chair of State and all the Lords in their Robes the House of Commons is sent for up as before by the Black Rod. Thus the King Lords and Commons being met the Clerk of the Crown reads the Title of each Bill and after the Reading of every Title the Clerk of the Parliament pronounces the Royal Assent according to his Instructions from the King If it be a publick Bill to which the King assenteth the Words are le Roy le veut the King wills it Whereas to a publick Bill which the King forbears to allow the Answer is Le Roy S'avisera the King will consider which is look'd upon as a civil Denial To a Subsidy-Bill le Roy remercie ses loyaux Sujets accepte leur Benevolence aussi le veut the King thanks his loyal Subjects accepts their Benevolence and so wills it And to a private Bill allowed by the King Soit fait comme il est desire be it done as it is desired But in case of a General Pardon as it is the King's Gift so the Return is from the Lords and Commons to His Majesty in these Words los Prelats Seigneurs Communes en ce Parlement assemblez au nom de tous vos autres Sujets remercient tres humblement Votre Majeste prient Dieu qu'il vous donne bonne longue Vie en Sante the Prelates Lords and Commons in this Parliament assembled in the Name of all Your other Subjects do most humbly thank your Majesty and pray God to give You a good and long Life in Health 'T is observable in the mean while how we have retained about making of Laws so many French Expressions derived to us doubtless from the Normans The Use of Committees is so necessary for the Dispatch of Parliament Business and their Way of managing Bills so fair and honourable that it will be proper to add something to what has been said before concerning them They consist of such Members as each House chuses from among them to make a strict Examination of the Bills and therein such Amendments and Alterations as their Reason will dictate upon a full Debate among themselves and to Report the same to the House Now there are three sorts of Committees viz. Standing Select and Grand Committees There are in the House of Commons five Standing Committees usually appointed in the beginning of the Parliament and remaining during all the Session Viz. One for Priviledges and Elections another for Religion a third for Grievances another for Courts of Justice and the fifth for Trade Amongst which the Committee for Priviledges and Elections has always had the Precedence being commonly the first Committee appointed either the same Day the Speaker did take his Place or the next day after Their Power was anciently to examine and make Report of all Cases touching Elections and Returns and all Cases for Priviledge as might fall out during the Parliament But that Power has been since abridged especially in Matters of Priviledge which are heard in the House and not in a Committee unless in some special Cases By a Select Committee I mean a Committee particularly chosen to inquire into a Bill In the Choice whereof this Rule is observed in the House that they who have given their Voice against the Body of a Bill cannot be of the Committee And though any Member of the House may be present at any select Committee yet he is not to give any Vote there unless he be named to be of the Committee As to their Number they are seldom less than eight but have been sometimes many more and commonly Men well versed in Parliament Business Upon the first Meeting of a Committee in their Committee Chamber they chuse among them a Chair-man who is much like the Speaker in the House After any Bill is Committed upon the second Reading it may be delivered indifferently to any of the Committee Who are first to read it and then to consider the same by Parts If there be any Preamble 't is usually considered after the other Parts of the Bill The Reason is because upon Consideration of the body of the Bill such Alterations may therein be made as may also occasion the Alteration of the Preamble which is best done last The Committee may not raze interline or blot the Bill it self but must in a Paper by it self set down the Amendments Which ought to â—oe done by setting down in the Paper the Number of the Folio where the Amendment is made naming the Place particularly where the Words of the Amendment are to be Inserted or those of the Bill Omitted The Breviat also annexed to the Bill must be amended accordingly and made to agree with the Bill When all the Amendments are perfected every one being Voted singly all of them are to be read at the Committee and put to the Question Whether the same shall be Reported to the House But when the Vote is to be put any Member of the Committee may move to add to those Amendments or to Amend any other part of the Bill If the Vote of the Committee pass in the Affirmative then commonly the Chair-man is appointed to make the Report Which being done that Committee is
of the House or to speak irreverently of the Court of Parliament in Time of Parliament several have been sent for by the Sergeant to answer it to the House and Committed Dec. 1641. it was Resolved that the setting of any Gards about this House without the Consent of the House is a Breach of the Priviledge of this House and that therefore such Gards ought to be dismissed Which Resolve was followed by three others Nemine Contradicente The first that the Priviledges of Parliament were broken by his Majesties taking notice of the Bill for suppressing of Souldiers being in agitation in both Houses and not agreed on The second that his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to Him by the Consent of both Houses was a Breach of the Priviledge of Parliament The third that His Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Priviledge of Parliament And whereas in January following the King did come to the House of Commons in a warlike manner with armed Men some posted at the very Door of the House and others in other Places and Passages near it to the Disturbance of the Members then fitting and treating in a peaceable and orderly manner of the great Affairs of the Kingdoms of England and Ireland and His Majesty having placed himself in the Speakers Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House that the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit there any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Gard wherein they might conside Lastly both Houses of Parliament are the proper Judges of their respective Priviledges and the inferiour Courts have nothing to do with it CHAP. II. Of the King's Privy Council NEXT to the Court of Parliament which is the great Wheel that gives motion to the rest is the Kings Privy Council A Court of great Honour and Antiquity Incorporated as it were to the King Himself and bearing part of his Cares in the great Bufiness of the Government Insomuch that upon their Wisdom Care and Watchfulness depends the Honour and Welfare of His Majesties Dominions in all Parts of the World For according to their Oath they are chiefly to Advise the King upon all Emergencies to the best of their Judgment with all the Fidelity and Secrecy that becomes their Station And as the King has the sole Nomination of them so 't is his main Interest to make choice of such eminent Persons as are best able with their Wisdom Experience and Integrity to â—nswer those great Ends they are appointed for They ought to be Persons of several Capacities that nothing be wanting for good Counsel and Advice in a Court from whence in a great measure depends the Safety Honour and Welfare of the King and Kingdom Generally they are pickt out amongst the Nobility and for Things that relate to Church Affairs the Arch-bishop of Canterbury and the Bishop of London use to be Members thereof In the late Kings Reign not only Popish Lords were admitted contrary to Law but in defiance as it were of the Nation a Traytor by the Law and the worst of Counsellours a mercurial hot-headed Jesuit whose pernicious Counsels and Influences proved accordingly fatal to King James and all the Popish Party As for the Number of Privy Counsellours 't is at His Majesties pleasure Anciently they used to be but twelve or thereabouts but since their Number has increased sometimes to forty The Privy Council is kept in the Kings Court or Pallace and the King himself do's commonly sit with them The usual Days for their sitting is Wednesdays and Fridays in the Morning out of Parliament or Term-time and in the Afternoon in Parliament or Term-time But upon extraordinary Occasions the King calls them together at any time Accordingly they wait on His Majesty in the Council-Chamber and fit at the Council Board in their Order bare-headed when the King presides To whom His Majesty declares what He thinks fit and desires their Advice in it At all Debates the lowest Counsellour delivers his Opinion first that so he may be the more free and the King last of all by declaring his Judgment determines the Matter 'T is with the Advice of the Privy Council that the King puts out Proclamations Orders and Declarations which being grounded upon Statute or Common Law are binding to the subject And upon any sudden Emergency â—herein the publick Safety may be Indangered â—or want of speedy Redress the King and Council may take a latitude of Power sutable 〈◊〉 the Occasion Formerly the Council heard and determiâ—ed Causes between Party and Party But of â—te lest private Causes should hinder the Publick they seldom meddle with them but leave â—em to the Kings Courts of Justice There are two distinct and important Offices â—longing to this Court. The first is the Lord Presidents who is one of the Nine Great officers of the Crown He is called Lord Preâ—â—dent of the Privy Council because by his office he is in a manner the Director of it â—Tis he that reports to the King when His â—ajesty has been absent from the Council the â—ate of the Businesses transacted there The other Great Office is that of Secretary â—mmonly called a Secretary of State which â—rmerly was single till about the end of Henry III. his Reign Who considering the Imâ—rtance of this great and weighty Office â—ought fit to have it discharged by two Perâ—â—ns of equal Authority and therefore both â—ed Principal Secretaries of State In those Days and some while after says 〈◊〉 Chamberlain they sat not at Council-board 〈◊〉 having prepared their Business in a Room joyning to the Council-Chamber they came 〈◊〉 and stood on either hand of the King â—d nothing was debated at the Table until 〈◊〉 Secretaries had gone through with their Proposals Which Method afterwards was altered in Q. Elizabeths Reign who seldom coming to Council ordered the two Secretaries to take their places as Privy Counsellours which has continued ever since And a Council is seldom or never held without the presence of one of them at the least Besides the publick Concerns of the Nation most of which pass through their hands they are also concerned with Grants Pardons Dispensations c. relating to private Persons For in their hands are lodged most of the Subjects Requests to be represented to the King whereupon they make Dispatches according to His Majesties Directions In short so great is their Trust and their Imployment of that great latitude that it requires their
manner of Ways 1. by â—oods and Chattels 2. by the Body Pledges â—â—d Mainprise 3. by the Body only This â—ourt is kept every 40 Days Pie-powder Court is a Court held in Fairs to yield Justice to Buyers and Sellers and for Redress of all Disorders committed in them These Courts are so called from the French Pie a foot and poudreux dusty the Fairs being kept most usually in Summer to which the Country people use to come with dusty feet A Pie-powder Court is held de hora in horam every hour and such is the Dispatch made here that Justice ought to be summarily administred within three ebbing and three flowing of the Sea CHAP. XII Of the Ecclesiastical Courts and first of the Convocation TO consult of Church-Matters and make Ecclesiastical Laws now and then the Convocation meets and that in time of Parliament Which Convocation is a National Synod or general Assembly of the Clergy convoked after this manner Some time before the Parliament sits the King by the Advice of his Privy Council sends his Writ to the Arch-bishop of each Province for Summoning all Bishops Deans Arch-Deacons c. assigning them the Time and Place in the said Writ Upon which the Arch-Bishop of Canterbury directs his Letters authentically sealed to the Bishop of London as his Dean Provincial wherein he cites him peremptorily and willeth him to cite in like manner all the Bishops Deans Arch-Deacons Gathedral and Collegiate Churches and all the Clergy of his Province to the Place and Day prefixt in the Writ But he directeth withal that one Proctor be sent for every Cathedral or Collegiate Church and two for the Body of the Inferiour Clergy of each Diocese All which the Bishop of London takes accordingly care of willing the Parties concerned person 〈◊〉 to appear and in the mean time to cerâ—ify to the Arch-Bishop the Names of every one so warned in a Schedule annexed to the Letter Certificatory Upon which the other Bishops of the Province proceed the Cathedral and Collegiate Churches and the inferiour Clergy of each Diocese make choice of their Proctors Which done and certified to the Bishop of London he returneth all at the Day And the same Method is used in the Province of York The Chappel of Henry VII annexed to Westminster Abbey is the usual Place where the Convocation of the Clergy in the Province of Canterbury meets Whilst the Arch-Bishop of York holds at York a Convocation of all his Province in like manner Thus by constant Correspondence these two Provinces tho so â—r distant from each other do debate and â—onclude of the same Matters The Convocation is like the Parliament disided into two Houses the higher and the â—wer And all Members have by Statute the â—â—me Priviledges for themselves and menial â—ervants as the Members of Parliament have The higher House in the Province of Canterbury which is by much the larger of the two consists of 22 Bishops whereof the Arch-Bishop is President Who sits in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes and Hoods the Arch-Bishops Hoods furred with Ermin and the Bishops with Minever The lower House consists of all the Deans Arch-deacons one Proctor for every Chapter and two Proctors for all the Clergy of the Diocese Which make in all 166 Persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan Clergy The first Business of each House upon their Meeting is to chuse each a Prolocutor or Speaker The Prolocutor of the lower House being chosen he is presented to the upper House by two of the Members whereof one makes a Speech and the elect Person another both in Latine To which the Arch Bishop answers in Latine and in the Name of all the Lords approves of the Person The Matters debated by both Houses are only such as the King by Commission do'â— expresly allow viz. Church and Religion Matters first proposed in the Upper and thâ—â— communicated to the Lower House And the major Vote in each House prevails Sometimes there have been Royal Aids granted to the King by the Clergy in Convocation Anciently this Assembly might without 〈◊〉 now with the Royal Assent make Canon touching Religion binding not only them selves but all the Laity without Consent oâ— Ratification of the Lords and Commons iâ— Parliament Neither did the Parliament meddle in the making of Canons or in Doctrinal Matters till the Civil Wars in the Reign of Charles I. Only when thereto required they by their Civil Sanctions did confirm the Results and Consultations of the Clergy whereby the People might be the more easily induced to obey the Ordinances of their Spiritual Governours To conclude the Laws and Constitutions whereby the Church of England is governed are first general Canons made by general Councils with the Opinion of the orthodox Fathers and the grave Decrees of several holy Bishops of Rome which have been admitted from time to time by the Kings of England Then our own Constitutions made anciently in several Provincial Synods both by the Popes Legates Otho and Othobon and by several Arch-Bishops of Canterbury all which are of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Next to those Constitutions this Church is also governed by Canons made in Convocations of latter times as in the first Year of the Reign of King James I and confirmed by his Authority Also by some Statutes of Parliament â—ouching Church-Affairs and by divers Immeâ—orial Customs But where all these fail the Civil Law takes place CHAP. XIII Of the Court of Arches the Court of Audience the Prerogative-Court the Court of Delegates the Court of Peculiars c. FROM the Church Legislative I come to the Executive Power for which there have been several Courts provided Amongst which is the Court of Arches the chief and most ancient Consistory that belongeth to the Arch-Bishop of Canterbury for the debating of Spiritual Causes So called from the arched Church and Tower of S. Mary le Bow in Cheapside London where this Court is wont to be held The Judge whereof is called Dean of the Arches or the Official of the Court of Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of 13 Parishes in London termed a Deanry being exempt from the Bishop of Londons Jurisdiction and belonging to the Arch-Bishop of Canterbury All Appeals in Church-Matters within the Province of Canterbury are directed to this Court. In which the Judge sits alone without Assessors hearing and determining all Causes without any Jury The Advocates allowed to plead in this Court are all to be Doctors of the Civil Law Who upon their Petition to the Arch-Bishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court but must not practise the first Year Both the Judge and the Advocates always wear their Scarlet Robes with
of the Right Honourable Charles Sackvil Lord Buckhurst who was created Earl of Middlesex during the Life of his Father Richard Earl of Dorset Upon whose Death two years after he succeeded in the Earldom of Dorset Neither is it to be omitted that betwixt Brentford and Colebrook is a small Town reckoned as 3 Mannors viz. Arlington Shepston and Dawling From the first of these Mannors Henry Bennet the late Earl of Arlington took his Title Who was created first Baron of Arlington by King Charles the Second Anno 1664 afterwards Viscount Thetford and Earl of Arlington his Birth-place Anno 1672 and sworn Lord Chamberlain of his Majesty's Houshold in the Year 1674. Monmouthshire MONMOVTHSHIRE formerly a Welch County and now reckoned among the English is bounded on the East by the River Wye which parts it from Glocestershire on the West by two Welch Counties Brecknockshire and Glamorganshire Northward by Herefordshire and Southward by the Mouth of the River Severn It contains in Length from North to South about 25 miles in Breadth from East to West 20. The Whole divided into six Hundreds wherein 127 Parishes and 7 Market Towns It is blest not only with a healthfull and temperate Air but also with a rich Soil And though the Country be both hilly and woody yet all Parts thereof are fruitfull and scarce any barren The Hills are grazed upon by great and small Cattel and the Valleys laden with Corn and Grass It s fertility is much furthered by its being plentifully watered with so many Rivers the principal whereof are the Vske and the Wye the Rumney and the Monnow all which fall into the Severn Among which the first two are full of Salmon and Trouts Monmouth the County-Town bears from London West by North and is distant therefrom 99 miles thus Viz. from London to Glocester 81 miles as in Glocestershire and from Glocester to Monmouth 18. The Situation of it between two Rivers the â—onnow and the Wye is both very pleasant â—nd commodious The Town it self large and â—air well inhabited and frequented having â—he Conveniency of two Bridges one over the â—ye and the other over the Monnow Once â—rtified with a Wall and Ditch and in the â—ldst of the Town with a stately Castle the â—uins whereof are still to be feen In this Castle was born the renowned King Henry V â—he Conquerour of France from hence called â—enry of Monmouth Of some note besides â—r being the Birth-place of Geofry surnamed of Monmouth who wrote the History of Great Britain But of late times especially for being dignify'd with the Title of a Dukedom in the person of James the late Duke of Monmouth and since the late Revolution with the Title of an Earldom in the person of the Right Honourable Charles Mordant Earl of Monmouth c. It s Market kept on Saturdays is considerable for Corn and other Provisions The other Market-Towns are Chepstow Sat. Newport Sat. Ponâ— Pool Sat. Vske Mund. and Frid. Abergavenny Tue. Caer-Leon Thu. Chepstow stands upon the side of a Hill on the Banks of the Wye near its fall into the Severn A Town in former times famous and of great resort supposed to be raised out of the Ruins of Venta Silurum 4 miles distant the ancient and chief City of the Silures which flourished in the Days of Antonine the Emperour This Town says Cambden was fortified about with a Wall of a large Circuit and had a very spacious Castle once fronted by a Priory the better part of which being pulled down the rest was converted to a Parish Church At this present time the Town is large and well built well inhabited and frequented having a fair and high Bridge over the Wye And so it needs for here the River rises to a great height In the Year 1606. the Moor or Marsh near Chepstow was very much indamaged by the Severn For that Year at the Change of the Moon in February this River at a Spring-tide was driven back for 3 days together with a South Wind. Which made it swell so high that it came rushing in a main upon this Tract and carried all before it Newport a goodly Town is seated on the Uske over which it has a fair Bridge the Uske discharging it self not far off into the Severn where it has a good Haven bearing the Name of the Town Some miles East from this Haven is the Gold-Cliff so called from the golden Colour of the Stones that lie hereabouts which makes some suspect a Mine to be there And opposite to that Cliff about the midst of the Severn lieth a small Isle called Denny-Island Pont-Pool is but a small Town seated betwixt the Hills Of chief note for its Iron-Mills Vske a good large Town is so called from the River Uske on which it is situate with a Bridge over it 'T is beautified with well built Stone-houses and formerly was fortified with a large and strong Castle now ruinated According to Antonine here stood the little City Burrium But not far from it Northward is Ragland Castle a noble Seat belonging to the Duke of Beaufort Abergavenny by Antonine called Gobanium stands also upon the Uske where a small River Keveny by name empty's it self into it This is a Place of some strength being fortified with Walls and a Castle of great note in former times The Town is large the Houses well built and injoy's a good Trade for Flannels especially Caer-Leon by the Romans called Isca Silurum stands also upon the Uske a little above Newport and has a large wooden Bridge over the River This Town was once a famous and flourishing City in the time of the Romans where lay the second Roman Legion called Augusta to keep the Silures in aw The Ruins of its stately Buildings Palaces Temples Theaters together with the Water-pipes Vaults Hot-Houses Altars and Roman Coyns often digged up here do sufficiently evidence its former Antiquity and Greatness Here King Arthur kept his Court and in this City was a famous School or Colledge to learn Astronomy and other Arts. As for its present State the Town is pretty large and the Houses for the generality built of Stone It has yet the Ruins of a Castle standing To conclude this County formerly the Habitation of the Silures is in the Welch Diocese of Llandaff Besides the two Knights of the Shire there 's but one Member elected to serve in parliament and that 's out of Monmouth Norfolk NORFOLK a Maritime County of a large extent is bounded Eastward and Northward with the German Ocean Westward with the River Ouse which severs it from the County's of Lincoln and Cambridge Southward with the little Ouse and the Waveney which part it from Suffolk Thus Norfolk what with the Sea and what with the Rivers is so incompassed with Waters that it wants very little of being an Islland of it felf It contains in Length from East to West 50 miles in Breadth from North to South about 35. The Whole divided into 31
Nations came to be united under one Head So that upon the least Rupture this Town was sure to undergo the first brunts of the War It is large and populous and the Houses well built injoying a good Trade especially for Corn and Salmon Here one may have a good Salmon for 12 pence Lastly Barwick is like Newcastel a County of it self Dignified also with the Title of a Dukedom and that by the late King James in the person of James Fitz-James the present Duke of Barwick his natural Son â—inked with him in his Misfortunes Alnwick so called from the River Alne upon which it is seated about 8 miles from the Sea is an indifferent good Town Once strengthened with a great Castle which is now something ruinous However a noted Place for the Battel fought here between the English and the Scots in the Reign of Henry II where William King of Scots was taken Prisoner Hexam is situate West of Newcastel on the South-side of the River Tine Once a Bishoprick in the Infancy of the Saxon Church the Bishop whereof called Episcopus Hagulstadiensis according to Beda S. Eata the fifth Bishop of Lindisfarne or Holy Island was the first Bishop of this Place Succeeded by nine others till by the fury and rapine of the Danes it discontinued the Jurisdiction of it being added to the See of York But in the Reign of Henry VIII it was taken from that Archbishoprick and by Authority of Parliament united to the County of Northumberland whereby it became annexed to the Bishoprick of Durham Here was a most stately Church said to surpass most Minsters in England before a great part thereof was pulled down by the Scots Morpeth a goodly Town is situate on the River Wensbeck and fortified with a Castle Its Market is esteemed the best in the County for Provisions and living Cattel which from hence are dispersed to divers Parts of the Kingdom The Town of some note besides for giving the Title of Viscount to the Eaâ— of Carlisle Some miles South-west from it near a Town called Belsey on the River Pont stands Ogleâ— Castle formerly belonging to the Barons Ogleâ— and now to the Duke of Newcastle from hence stiled Earl of Ogle As for Weller 't is but a small Town seated on the side of a Hill near the Banks of the River Till which runs Northward into the Twede But its Market is great for Corn and other Provisions Of the Islands along the Sea-Coast of Northumberland Along the Coast of this Country you will find 3 principal Islands as you go from South to North viz. Cocket Farn and Holy Island Cocket is but a small Island lying not far from Wetherington Castle Farne Island something bigger lies North from Cocket 2 miles from Bamburg Castle North-East of which lie six smaller Islands hardly worth the naming Holy Island the biggest of the three and yet of no great extent is not far from Barwick This Island being in shape not unlike a Wedge runs out with a Neck of Land towards Northumberland And this is it which formerly was known by the Name of Lindisfarne in the dawning of Christianity among the Northumbers made a Bishops See by S. Aidan one of the first Apostles of these Parts Selected for that Dignity by that holy Man for the Solitude and Privacy of it which made it thought more fit and proper for Devotion Till at last by the religious Lives of so many pious Bishops Monks and others of the Clergy as did inhabit here it got the Name of Holy Island And here the See continued 353 years that is from the Year 637 to 990 under 22 Bishops hence called Bishops of Lindisfarne From whence the See was removed to Durham the Insolencies of the Danes who then terribly raged on these Coasts compelling these religious Men to forsake their Solitude The Air of this Island is so unhealthfull and the Soil ungratefull that it is but thinly peopled Fish and Fowl is the best Accommodation of it So that here is but one Town with a Church and Castle under which is a good Haven defended by a block-Block-house In short this County formerly a Part of the Kingdom of Northumberland and its Inhabitants part of the Ottadini as the Romans caded them is now in the Diocese of Durham Out of it are elected besides the two Knights of the Shire six Members of Parliament Viz. 2 by Newcastle 2 by Morpeth and 2 more by Barwick Lastly this County is noted for the Title of Duke and Earl it has given to several noble Personages but with frequent Interruptions As for the Title of Duke I find but one that has injoy'd it till of late viz. John Dudley Earl of Warwick and Lord Admiralâ— Duke of Northumberland beheaded by Queeâ— Mary Put that of Earl has gone through several Changes and different Families Thâ— Piercies are those who have injoy'd it the long est of any and yet not without some Interruption too The first of 'em that had the Title conferred upon him was Henry Piercy Lord Constable who took possession of iâ— Anno 1377. under the Reign of Richard II. Three of his Name and Family injoy'd it after him before John Nevil Lord Montague was advanced to this Honour by King Edward II who after six years resigned it to Henry Piercy that had been dispossessed of it Another Henry Piercy injoy'd it after him who died in the Year 1527. And 24 years after his Death the foresaid John Dudley Earl of Warwick was by Edward VI. created Duke of Northumberland viz. Anno 1551. Six Years after this the Title of Earl returned to the Piercies in the person of Thomas Earl of Northumberland In which Family it has continued ever since till the Year 1670 when Joceline Piercy died at Turin in Italy without Issue male At present we have a Duke of Northumberland his Grace George Fitz-Roy third Son to the Dutchess of Cleveland who in the Year 1674. was created by King Charles II. Baron of Pontefract Viscount Falmouth and Duke of Northumberland Nottinghamshire NOTTINGHAMSHIRE an Inland County is bounded Eastward with Lincolnshire from which it is separated a good way by the River Trent Westward with Derbyshire and some part of Yorkshire Northward with Yorkshire and Southward with Leicestershire It is of an oval Form doubling in length twice its breadth It s Length from North to South is about 40 miles the Breadth from East to West 20. The Whole divided into 8 Wapentakes or Hundreds 168 Parishes and 9 Market-Towns As for the Soil of this County part of it is Clay-Ground part sandy Ground and the rest Woody The South East Part being watered by the Trent and small Rivers that fall into it is the most fruitfull and this is the Clay Part. The Western where the Forest of Shirwood is so famous for Robin-Hood and his Companions is stocked not only with Wood but Pit-Coal well served besides with Game Besides the River Trent here are several small Streams whereby this Country
now the chief Prison where Persons of quality that are charged with Crimes against the Government are kept in Custody Here are also many Dwelling-Houses foâ— the Officers that belong to it either as aâ— Arsenal or a Mint c. And as an Arsenal here is kept the Office of his Majesties Oâ—dinance to be explained in my second Part For the publick Devotion of all the Dwelleâ—â— in the Tower there is within its Walls onâ— Parochial Church called S. Petri ad Vinculâ— infra Turrim being the Kings Donative without Institution and Induction and exempâ— from all Ecclesiastical Jurisdiction of the Archbishop The Government of the Tower as it is a Place of great Trust so it has been usually put in the hands of two Persons of great worth the one called Constable and the other Lieutenant of the Tower The Constable has the chief Command and is Lord Lieutenant of the 21 Hamlets belonging to it which ly in several Parishes of large extent Whose Train-bands making two intire Regiments of Foot and above 3000 Men are to attend the Kings Person when commanded but are to march no farther than the King They were sometimes the Gards of the Tower and are bound if occasion be to reinforce the Garrison upon the Constable's Command Who by his Place is to be in the Commission of the Peace for the City of London and the Counties of Middlesex Kent and Surrey And so is the Lieutenant who is subordinate to the Constable for the time being but in his absence commands with the full Power of both His Salary is 200 l. per annum with all the Fees and Perquisites which are very considerable both from the Prisoners that happen to be in the Tower and from the Warders Places which are all at his Disposal Under the Command of the Constable and the Lieutenant of the Tower in his absence are the Gentleman Porter the 24 â—eomen Warders and the Gunners of the Tower The Gentleman Porter who holds his Place by Patent has the Charge of the Gates The Keys whereof he is every night to deliver to the Constable and in his absence to the Lieutenant and to receive them of him the next morning He commands the Warders that are upon duty and claims for his Fee at the entrance of a Prisoner his Upper Garment or else a Composition for the same The Warders are accounted the King's Domestick Servants and sworn accordingly by the Lord High Chamberlain or by the Clerk of the Check Their Duty is to wait at the Gates and by the Lieutenant of the Tower's appointment to attend Prisoners of State which is the most profitable and beneficial part of their Station At the Gates they examine every Stranger that offers to go in and before admittance according to the Rules of Military Discipline those that â—ear Swords must leave 'em in their hands â—ill they go out Ten of them are usually upon the Days Wait and two upon the Watch â—very night The Gunners are to look after the Ordâ—ance mounted on the Batteries and Lines â—nd ready for Service on the shortest Warning One or more of them are upon Duty â—ay and night to wait for Orders For the Liberty of the Tower to which â—as been annexed the old Artillery Garden â—y Spittle-Fields and the little Minories here is an ancient Court of Record held by a Steward every Monday by Prescription for Debts Trespasses c. And in the said Liberty the Gentleman Porter has the same Power and Authority as Sheriffs have within their respective Counties He constitutes Bayliffs thereof to execute all Process and Warrants directed to them by the Steward of the Court and has all Escheats Deodands and Goods of all Felones deâ—se For Ecclesiastical Causes and Probate of Wills the Tower and Liberties thereof have a Royal Jurisdiction From which there is no Appeal but to the King in his Court of Chancery who thereupon issues out a Commission under the Great Seal as in Appeals from the Arches or Prerogative Courts But whether the Tower be in the County that is under the Jurisdiction of Middlesex or in the Liberty of the City 't is undetermined to this day Some will have it to be part of it in Middlesex and part in the Liberty of the City And in the Case of Sir Thomas Overbury's Murder the Judges Opinion was that the Trial must be made in the City the Fact being done in that Part of the Tower held to be in the City Liberties Next to the Tower I come to the Custom House placed between the Tower and thâ— Bridge Which having been destroy'd by the Fire in the Year 1666 was soon afteâ— rebuilt much more commodious uniform anâ— magnificent and the Building cost the Kinâ— 10000 pounds Here are received and managed all the Impositions laid upon Merchandise Imported and Exported from this City Which are so considerable that of all the Customs of England divided into 3 Parts the Port of London pay's two Thirds that is when Trade flourishes about 400000 l. yearly In this Office are imploy'd a great Number of Officers an Account whereof you will find in my Second Part where I speak of the King's Revenues The Bridge of London offers it self in the next place to our Consideration Which considering the constant great Flux and Reflux at that Place was certainly a very difficult and costly piece of Work It consists of 19 Arches at 20 foot distance of each other with a Draw-bridge almost in the middle 'T is about 800 foot long and 30 broad Set out with a fine Row of Houses all along with Shops furnished with most sorts of Commodities So that it looks more like a Street than a Bridge the Street being widened in the late Reign from 12 to 20 foot It was built in the year 1200 in the Reign of King John And so great are the Charges of keeping it in repair that there is a large Revenue in Lands and Houses set apart for that purpose and two Bridge-Masters besides other Officers chosen out of the Liverv-men on Midsummer-Day to look after the same Near this Bridge is the fatal Place where the dreadful Fire afore-mentioned first began In perpetualâ— Memory whereof was erected by virtue of an Act of Parliament that â—aster-piece of Building called the Monument begun Anno 1671 in the Mayoralty of Sir Richard Forde Knight and finished Anno 1677 Sir Thomas Davies being Lord Mayor of London This Pillar not unlike those two ancient white Marble Pillars at Rome erected in honour of the Emperours Trajan and Antonius is all built of Portland Stone as durable almost as Marble and is of the Dorick Order 202 foot high and 15 foot Diameter Within-side is a fair winding Stair-case with Iron rails up to the top where this stately Pile is surrounded with an Iron-Balcony yielding a pleasant Prospect all over the City The Pedestal is 40 foot high and 21 foot Square the Front of it adorned with ingenious Emblems and the North and
Warranto brought in at the latter end of Charles II his Reign and a new Charter granted the City but with several Restrictions of great moment yet that Judgement was Reversed upon their late Application to the Parliament and their ancient Charter Confirmed So that Things run now as they did before that Judgment in their proper Channel For Military Affairs the City of London is a Lieutenancy of it self So that the Power of a Lord Lieutenant is in the Lord Mayor and Aldermen and other principal Members of the City for the Time being Who by a peculiar Commission from His Majesty are authorized to act as his Lieutenants in London for the ordering the City-Militia with the same Power that the Lord Lieutenants have in their respective Counties Now the City-Militia consists of 6 Regiments of Foot making about 90000 men besides the Hamlets of the Tower 2 Regiments and the Regiment of Southwark To which if we add the Militia of Westminster consisting of 2 Regiments called Holborn and Westminster each of 2000 men we find in all eleven Regiments But in case of Necessity the Auxiliaries are raised consisting of Apprentices which make up six Regiments more every Freeman that has two Apprentices finding one for that purpose To supply the City Train-Bands and Auxiliary men with Commanders there is a Nursery of Souldiers called the Artillery Company of above 60 Years standing This Company consists of 600 choice men commanded in chief by the King and under his Majesty by a Leader Who exercises this Company every Tuesday fortnight in the Artillery-Ground a spacious Place near Moorfields inclosed for that purpose with a fair Brick-Wall And the other Tuesday the Exercise is performed by the several Members of the Company who are there trained up to command most of them being Commanders of the Train-Bands They have a Court-Marshal consisting of a President Vice-President Colonel and 24 Members of the Company On the second Tuesday in February is their general Rendezvous every Year when they chuse their Officers Which besides the Leader are two Lieutenants 2 Ensigns 2 Sergeants a Provost Marshal 3 Gentlemen of Arms c. The Church-Government is by the Bishop of London The Parishes whereof for the most part provided with able and eminent Divines under the Title of Rector or Vicar are under his Jurisdiction And for maintaining these Divines with their Families there is in most Parishes a Parsonage or Vicarage-House with a yearly Allowance besides the Perquisites arising from Christenings Marriages and Burials Which Allowance since the Reformation falls much short of what it was in the time of Popery when besides the Tythes of the Tradesmens Gains the Mortuaries Obits c. the Priest tho' in a state of Celibacy had 3 shillings and 5 pence in the pound of the yearly Rent of all the Houses and Shops in his Parish Which afterwards was brought to 2 shillings 9 pence in the pound by an Act of Parliament under the Reign of Henry VIII and that confirmed by a subsequent Act. But since the Reformation this being lookt upon as too large an Allowance it has been so curtailed that 't will be hard to bring back that golden Age. 'T is true under the Reign of Charles II. a Regulation was made by Act of Parliament but it concerned only those Parishes whose Churches had been demolished by the dreadfull Fire And according to the several Extents of Parishes the Parsons thereof by virtue of that Act have a certain yearly Allowance none under 100 Pounds and none above 200 but most between one and two hundred Pounds The same to be raised in lieu of Tythe within the said respective Parishes by rating the Houses and Shops therein proportionably to their respective Rents As to those Parishes all over the City and Suburbs where there is besides the Parson a Lecturer he has his maintenance no otherwise than by a voluntary Contribution from the Parishioners As for the City of Westminster the Dean and Chapter are invested with all mander of Jurisdiction both Civil and Ecclesiastical not only within the City of Westminster but also in other Places of their Jurisdiction as the Precincts of S. Martin le Grand within the Walls of London and some Towns in Essex The Dean in particular has a Commission of Peace within the City and Liberties of Westminster The principal Officer in it called the High Steward of Westminster is usually one of the prime Nobility Under whom there is a Deputy Steward then the Bayliff and the two high Burgesses these chosen every Year Within the Precincts of Westminster but chiefly near the Court the Nobility and Gentry take up for the most part their Quarters But the proper Station of the Lawyers is in their Inns between the City and the Court and that of Merchants and Seamen in and about the East-end of the City Thus you have a short Description of the famous City of London the Metropolis of England the Seat of the British Empire the Epitome and Glory of this Kingdom A City which for Greatness Beauty Conveniencies Plenty of Provisions Commerce Riches and good Government is inferiour to none beyond Sea 'T is a Magazine of all sorts of Commodities necessary or expedient for the Use or Pleasure of Mankind The great Rendez-vous of the Nobility Gentry Courtiers Divines Lawyers Physicians Merchants Seamen of the best Artificers the most refined Wits and the greatest Beauties of the Land For a constant Supply of Provisions here are abundance of Markets the best furnished of any in Christendom but especially Leaden-Hall-Market near the Royal Exchange in the City the greatest Flesh-Market about the City and a great Magazine of Corn. So that there is scarce a great City in Europe where poor People or such as love a frugal Life may live cheaper or the splendid Liver gallanter To get a Livelyhood and raise himself in the World no Place like this by Mechanick or Liberal Arts by Merchandizing Offices Preferments c. For Conveniencies and Delight here all is at hand and scarce any Thing wanting that Money can purchase In point of Society here learned and unlearned high and low rich and poor good and bad may fit themselves any where And this I must needs say to the Praise of London that there is not a Place in Europe of such a vast Confluence of all sorts of People where Murders and Outrages so frequent in great and populous Cities beyond Sea are so seldom heard of Which argues a great deal of Wisdom in the Magistrate that so great a Body should be kept in so good Order William the Conquerour to prevent Disorders and Mischiefs in the Night commanded that in every Town and Village a Bell called Curfew-Bell a Corrupt Word from the French Couvre-feu should be rung every Night at 8 of the Clock and that all people should then put out their Fire and Candle This continued in his Reign and that of his next Successor William Rufus But Henry I. revoked
by many Records anâ— Precedents touching this Matter in the Appendix to Petyt's Miscellanea Parliamentaria Which does not quadrate with the Opinion of those who have affirmed that there was never any Parliament in England according to the present Constitution thereof till the Reign of Henry III that is betwixt four and five hundred Years since and that the grand Council consisted only of the great Men of the Nation till that King was pleased to call the Commons to sit also in Parliament The Power of Convening or Calling a Parliament is solely in the King But if the King be under Age or not Compos Mentis or Absent out of the Realm upon some Expedition 't is lodged in the Protector or Regent who then summons the Parliament but still in the King's Name The Summons ought to be at least 40 Days before the Day appointed for the Meeting and it is done by Writ in Law-Latin expressing that it is with the Advice of the Privy Council Which Writ is a kind of short Letter directed and sent by the Lord Chancellour or Commissioners of the Chancery to every Lord Spiritual and Temporal to appear at a certain Time and Place to treat and give their Advice in some important Affairs concerning the Church and State c. And as for the House of Commons Writs are sent to all the Sheriffs commanding them to summon the People to elect two Knights for each County two Citizens for each City and one or two Burgesses for each Borough according to Statute Charter or Custom And whereas there are some Cities and Towns that are Counties of themselves or that have each within it self the Priviledge of a County the Writ is directed to them as it is to Sheriffs of other Counties At every County after the Delivery of the Parliament Writ to the Sheriffs Proclamation is made in the full County of the Day and Place appointed for the Parliament to sit and for all Freeholders to attend such a Time and Place for the Election of the Knights for that County But the Sheriff ought to give a convenient Time for the Day of Election and sufficient Warning to those that have Voices that they may be present Otherwise the Election is not good if for want of due Notice part of the Electors be absent Now by an Act in the Reign of Henry VI it was Ordained that none should have any Suffrage in the Election of the Knights of the Shire but such as were Freeholders did reside in the County and had a yearly Revenue at least to the Value of 40 Shillings which before the Discovery of the Gold and Silver in America was as much as 30 l. now And the Sheriff has Power by the said Act to examine upon Oath every such Chuser how much he may expend by the Year if he doubt the value of it If any Man keep a Houshold in one County and remain in Service with another Family in another County yet he may be at the Chusing of Knights of the Shire where he Keeps his Family for it shall be said in Law a Dwelling in that County The Election ought to be in full County between 8 and 9 of the Clock according to Statute And no Election says the Lord Coke can be made of any Knight of the Shire but between 8 and 11 of the Clock in the Forenoon But if the Election be begun within the Time and cannot be determined within those Hours the Election may be proceeded upon Before Election can be made or Voices given the Precept directed to the Sheriff ought to be read and published And if the Party or Freeholders demand the Poll the Sheriff ought not to deny the Scrutiny for he cannot discern who be Freeholders by the View In short of so many as stand for Competitors the two that have most Voices are declared to be duly elected for the insuing Parliament Plurality of Voices does likewise carry it for Citizens that stand for Cities and Burgesses for Boroughs Where in some Places none but Freeholders have a Right of Election in others all Housholders have a share in it And though no Alien can be a Parliament Man yet if he be a Housholder his Voice is good as in the Election of the Members for the City of Westminster A Burgess elected for two several Boroughs as it sometimes happens must wave one Election when he comes to the House and chuse for which Place of the two he will serve so as a Writ may issue for a new Election that the Number may be full All Elections ought to be freely and indifferently made notwithstanding any Prayer or Command to the contrary Or else the Parliament is not as it should be free 'T is true the Elections can never be so free as not to be liable to the Temptations of private Interest or the Influence of Feasting two unavoidable Evils Yet it does not follow but that a Parliament may be called Free when the Court has no hand in the Elections by such unlawful Methods as were used in the late Reign by Closetting by fair Promises and foul Threats The Returns concerning the Parties chosen are made in the Crown-Office by the Sheriffs Mayors or Bayliffs whom the Writs were sent to and to whom it belongs to manage the Elections Upon a false Return which happens but too frequently the Sheriff who made the Return is liable to the Forfeiture of 100 l. to the King and 100 l. more to the Party injured and to be Imprisoned for a Year without Bail or Mainprize And every Mayor or Magistrate of a Town so offending is to pay 40 l. to the King and as much to the Party This Action to be within 3 Months after the Parliament commenced by the Party injured or by any other Man who will In the mean time the Party returned remains a Member of the House till his Election be declared void by the same For denying the Poll when required also for advising and abetting the same the guilty Party has been adjudged by the House to stand Committed to the Sergeant during Pleasure to pay all due Fees to defray the Charge of Witnesses to be Assessed by four of the Committee to acknowledge his Offence upon his Knees at the Bar and read a Submission This was the Case of Thomson Sheriff of York and his Abettor Alderman Henlow in the Reign of Charles I. The Persons to be Elected as the fittest to answer the true Interest of the Nation ought to be Sober Understanding Well-principled and Well-affected to the establish'd Government by Law If Men of Estates it is so much the better such Men being supposed to be less Corruptible But this is left to the Peoples Choice 'T is true that by Law such as stand for Knights of the Shire ought to be Knights Esquires or Gentlemen fit to be made Knights By the Statute none ought to be chosen a Burgess of a Town in which he do's not inhabit But the Usage of
72 Earls 9 Viscounts 65 Barons and 26 Spiritual Lords whereof 2 Arch-bishops and 24 Bishops But the King may by virtue of his Prerogative increase the Number of the Peers to sit and vote in their House as Barons by sending his Writs for that pupose to whomsoever His Majesty thinks fit for that Service The Lord Chancellor or Lord Keeper when there is one is of course the Speaker of this House Otherwise they may appoint any of their own Members or else one of the Judges for that Place as in the Case of their late Speaker the Right Honourable the Marquis of Hallifax and that of Sir Robert Atkins Lord Chief Baron of the Exchequer the present Speaker of the House of Lords Besides the first Wool-sack which is the usual Seat for the Lord Chancellor or Lord Keeper there are other Wool-sacks Upon which the Judges the Kings Council at Law and the Masters of Chancery not being Barons sit not to give their Suffrage but only their Advice when required thereto The Use of which Wool-sacks is probably to put them in mind of the great Advantages the English Wool has brought to this Nation so that it may never be neglected On the lowermost Wool sack are placed the Clerk of the Crown and Clerk of the Parliament The first being concerned in all Writs of and Pardons in Parliament and the other in keeping the Records of all Things passed therein Under this there are two Clerks who kneeling behind the Wool-sack write upon it Without the Bar of the House sits the Black Rod so called from a black Stick he carries in his hand who is as it were the Messenger of this House For he is imploy'd amongst other Things to call for the House of Commons to the House of Lords upon His Majesties Command and to his Custody are Committed all such Peers as the House things fit to Commit upon any Trespass Under him is a Yeoman Vsher that waits at the Door within a Crier without and a Sergeant at Mace always attending the Speaker The House of Commons otherwise called the Lower house is by much the greater Body of the two For as England consists of 40 Counties in which there are 25 Cities 8 Cinque-Ports 2 Universities and 168 Borough-Towns all which are Priviledged to send Members to Parâ—ament if we reckon two Members from each the Whole amounts to 486 Members To which adding 24 from Wales the Whole is 510. 'T is true there are three Boroughs in England each of which sends but one Member viz. Abington in Oxfordshire Higham-Ferrers in Northamptonshire and Bewdley in Worcestershire But these three wanting of the Number are made up by the City of London which sends four Members and by the City of Bath which sends three Of all this great Number many are usually absent upon Business or Sickness c. So that if they be three hundred met together 't is counted a pretty full House And if they be but forty Members in all they make a house This House representing the whole Commons of the Realm do's generally consist of the Flower of the Gentry some of them Noblemens Sons Privy Counsellors Courtiers Men learned in the Law Officers and Commanders Merchants c. but most of them Gentlemen of good Estates with the advantage of a liberal and genteel Education This is an aggregate Body from all Parts of the Nation whose Learning and Eloquence Wit and Policy strive to outdo each other A â—oble School for young Gentlemen chiefly to be versed in Things relating to the English Government Here they Sit promiscuously except the â—peaker who has a Chair placed about the middle of the Room with a Table before him the Clerk of the House sitting near him at the Table But none wears a Robe but the Speaker except as I hinted before the Members of Parliament for the City of London who at their first Meeting appear in their Scarlet Robes Every Member wears what he fancies most and so do the Temporal Lords in their House on all Days when the King comes not thither in State To Strangers I confess it looks something odd that so august an Assembly vested with a Legislative Power and met together for the Exercise of the same should have no proper Garb for so great a Council but appear in their usual Dress But Custom has so far prevailed against the Inconveniencies that attend those Formalities which the English Nebility and Gentry are generally averse from that they are not like to be ever ballanced by the Respect and Veneration that might be gained as in forein Countries by the small trouble of them The usual Time for the Meeting of each House is in the Forenoon from eight or nine a clock till twelve or one except Sundays high Festivals and Fast-Days These Things being premised my next Business is to speak about the Choice of the Speaker of the House of Commons Who is the Mouth of the House and so necessary a Part thereof that they can do no Business without him For 't is the Speakers Part to see the Orders of the House observed to state the Bills that are brought in to collect the Substance of the Debates and the Sense of the House upon them The fitst Day each Member is called by his Name every one answering for what Place he serveth That done a Motion is made to chuse their Speaker who ought to be a Person of great Ability and is usually one of the long Robe And to avoid all Delays the Choice is commonly such as the King approves of This Choice is made by the Plurality of Votes Upon which the Party chosen desires according to ancient Custom to be excused from so weighty an Office and prays the House to proceed to a new Election But he is commonly answered with a full Consent of Voices upon his Name And then two of the principal Members go to him and lead him from his Place to the Speakers Chair where being set they return to their Places Then the Speaker rises and makes a short Speech to the House consisting of his humble Thanks for their good Opinion of him with Promises of his best Indeavours for their Service At the Day appointed for his Presentation to the King which is usually the next Day His Majesty being come to the House of Lords in his Royal Robes and the Lords also in their Robes the Commons are called in Who being come the Speaker is brought between two of them with low Obeysance to the Bar and so presented at the Bar to His Majesty where he makes likewise a modest Refusal But the King approving the Commons Choice and not allowing of his Excuse the Speaker nakes an Oration to His Majesty the Matter whereof is left to his own Thoughts having â—o Direction about it from the Commons But it usually ends with these three Petitions First that the Commons may have during their Sitting a free Acess to His Majesty Secondly Freedom of Speech in their
House And thirdly Freedom from Arrests Which humble and modest Way of the Peoples addressing to the King for His Majesties Assent to their ancient Priviledges is becoming the Reverence due to the Majesty of the Prince But it is no Argument as some would have it that either the Laws thereupon made or the Priviledges so allowed are precarious and may be refused them The Speakers Oration being answered in the Kings Name by the Speaker of the House of Lords and his Petitions allowed he with the Commons departs to the Lower House And then is the first time that the Mace is carried before him Being come to the Chair he makes a short Speech to the House to this effect That Whereas they have been pleased to chuse him for their Speaker he hopes they will assist him in that Station and favourably accept hiâ— sincere Proceedings for their Service That done the Custom is to read for that Time only one Bill left unpast the last Sessions to give him Seisin as it were of his Place In the Lords House 't is observable that when the King is absent the Lords at their entrance do reverence to the Chair of State as is or should be done by all that come into the Kings Prefence-Chamber And then the Judges when called in upon any Point of Law may siâ—â— but may not be Covered till the Speaker signify unto the them Leave of the Lords The Kings Council and Masters of Chancery sit also but may not to be Covered at all And when the King is present the Judges stand till the King gives them leave to sit But we have dwelt long enough upon the Preliminaries if I may say so of a Session of Parliament and 't is time to shew their Proceedings the manner of their Debates and Passing of Bills and Acts which is â—hus First Care is taken in each House to Vote Thanks to his Majesty for his Gracious Speech Then they appoint their standing Committees of which more afterwards And to discover what Members are absent without just Cause or leave of the House the House is called from time to time thus Every Member whose Name is called over uncovers his Head and stands up at the mention of his Name If he be absent he is either excused and entred accordingly or if none excuse him he is entred Defieit Such as are present are marked and the Defaulters called over again the same Day or the Day after sometimes summoned and sometimes sent for by the Sergeant If any Intruder be discovered to sit in the â—ouse being no Member thereof he is preâ—ently committed to the Sergeants Custody for â—â—me days and at last humbly begging the â—ardon of the House upon his Knees at the Bar â—e is Released paying his Fees As to the Matter of Debates the House 〈◊〉 free to take what Latitude they please â—ithout confining themselves to the King's â—peech As they are best acquainted with the State of the Nation and the publick Grievances these often do take place If any Laws are fit to be Abrogated and new ones Made this is a proper Subject for them to go upon And whilst they mind the Welfare of the Nation 't is to be supposed they mind that of the King In order to which any Member of the House may offer a Bill for the publick Good 〈◊〉 except it be for Imposing a Tax which is not to be done but by Order of the House first had And he that tenders the Bill must first open the Matter of it to the House and offer the Reasons for admitting thereof upon which the House will either admit or deny it But if any member desire that an Act made and in force may be Repealed or Altered he is first to move the House in it and have their Resolution before any Bill to that purpose may be offered If the House shall think it fit upon the Reasons alledged their usual Way is to appoint one or more of the Members to bring in a Bill for that purpose A private Bill that concerns any particular Person is not to be offered to the House till the Leave of the House be desired and the substance of such Bill made Known either by Motion or Petition Petitions are usually prescribed by Members of the same County the Petitioners are of If they be concerning private Persons they are to be subscribed and the Persons presenting them called in to the Bar to avow the substance of the Petition especially if it be a Complaint against any The preferring of Bills either to be Read or Passed ly's much in the Speaker's Power For though he be earnestly pressed by the House for the Reading of some one Bill yet if he have not had convenient time to Read the same over and to make a Breviate thereof for his own Memory he may claim a Priviledge to defer the Reading thereof to some other time Formerly the Speaker had liberty to call for a trivate Bill to be Read every Morning The Clerk of the House is usually directed by the Speaker and sometimes by the House what Bill to read who with a loud and distinct Voice first reads the Title of the Bill and after a little Pawse the Bill it self Which done Kissing his hand he delivers the same to the Speaker Then the Speaker stands up uncovered whereas otherwise he sits with his Hat on and holding the Bill in his hand says This Bill is thus Intituled and then reads the Title Whereupon he opens to the House the substance of the Bill which he does either by trusting to his Memory or with the help of a Breviate filed to the Bill The effect of the Bill being thus opened he declares to the House that it is the first Reading of the Bill and delivers it again to the Clerk For every Bill is to be Read three times before it can be made an Act. Except a Bill of Indemnity coming from the King which has but one Reading in each House because the Subject ought to take it as the King will give it The same it is with a Bill of Subsidies granted by the Clergy At the first Readâ—â— of the Bill 't is not usual with the House to speak to it or put it to the Question but rather to take time till the second Reading in order to consider of it in the mean while Nor to move for any Addition to it which were to imply that the Body of the Bill is good before it comes to a regular Trial upon the Second Reading But if any Bill originally begun in the Lower House happen upon the first Reading to be debated to and fro and that upon the Debate the House do call for the Question the Question ought to be not Whether the Bill shall be read the second time which is the ordinary Course but Whether it shall be Rejected Whereas to a Bill coming from the Lords so much favour and respect is shewn that if upon the first Reading it be spoken
submitted to take it at his hand again at a yearly Tribute the Pope in the Reign of Edward III. demanded his Rent and all the Arrears Upon which issued this Resolve of the Parliament that neither the King nor any other could put the Realm nor the People thereof into a forein Subjection without their Assent This was a high Resolution in Law in one of the highest Points of Law concerning the Kings Claim of an absolute Power when the Pope was in his height However this intimates that with their joynt Consent the Crown may be disposed of But how transcendent soever be the Power and Authority of the King and Parliament yet it do's not extend so far as to bar restrain or make void subsequent Parliaments and tho divers Parliaments have attempted â—t yet they could never effect it For the â—atter Parliament hath still a Power to abrogate suspend qualify explain or make void the former in the Whole or any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former it being a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant 'T was therefore but in vain that the late King James pretended so to settle that Liberty of Conscience which he ushered in by his Declaration as to make it a Law unalterable like the Laws of the Medes and Persians It was but a Blind for Dissenters to bring them into his Snare and tho he had really designed it he must have been at least Immortal to secure it One of the fundamental and principal Ends of Parliaments was to Redress Grievances and ease the People of Oppressions The chief Care whereof is in the House of Commons as being the Grand Inquest of the Realm summoned from all Parts to present publick Grievances to be redressed and publick Delinquents punished as corrupted Counsellours Judges and Magistrates Therefore Parliaments are a great Check to Men in Authority and consequently abhorred by Delinquents Who must expect one time or other to be called to a strict and impartial Account and be punished according to their Demerits Remember said the Lord Bacon to his Friend Sr. Lionel Cranfield when he was made Lord Treasurer that a Parliament will come In this Case the House of Commons the Parliament sitting Impeaches and the House of Lords are the Judges the Commons Inform Present and Manage the Evidence the Lords upon a full Trial give Judgment upon it And such is the Priviledge of the House of Commons in this particular that they may Impeach the highest Lord in the Kingdom either Spiritual or Temporal and he is not to have the benefit of the Habeas Corpus Act that is he cannot come out upon Bail till his Trial be over or the Parliament Dissolved which last some of the late Judges have declared for But the Lords cannot proceed against a Commoner except upon a Complaint of the Commons In a Case of Misdemeanour both the Lords Spiritual and Temporal are Judges and the Kings Assent to the Judgment is not necessary But if the Crime be Capital the Lords Spiritual tho as Barons they might sit as Judges yet they absent themselves during the Trial because by the Decrees of the Church they may not be Judges of Life and Death For by an Ordinance made at the Council at Westminster in 21 Hen. 2. all Clergymen were forbidden agitare Judicium Sanguinis upon pain to be deprived both of Dignities and Orders When a Peer is Impeached of High Treason a Court is usually erected for his Trial in Westminster-Hall and the King makes a Lord Steward which commonly is the Lord Chancellour to sit as Judge thereof The Trial being over the Lords Temporal resorting to their House give Judgment upon it by Voting the Party arraigned upon their Honours Guilty or not Guilty and he is either Condemned or Acquitted by the Plurality of Voices If found Guilty he receives Sentence accordingly by the Mouth of the Lord High Steward The House of Lords is also in Civil Causes â—he highest Court of Judicature consisting of â—ll the Lords Spiritual and Temporal as Judges â—sisted with the most eminent Lawyers both 〈◊〉 Common and Civil Law And from this Court there lies no Appeal only the cause or â—ome Point or other of it may be brought again before the Lords upon a new Parliament In Case of Recovery of Damages or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any inferiour Court at the Common Law But the Lords in Parliament may direct how it shall be levied In short by the ancient Laws and Constitutions of this Kingdom it belongs to the House of Peers to interpret Acts of Parliament in Time of Parliament in any Cause that shall be brought before Them I conclude with the Priviledges of Parliament which are great in both Houses and fit for so honourable a Court. First as to the Persons of the Commoners they are Priviledged from Suits Arrests Imprisonments except in Case of Treason and Felony also from Attendance on Trials in inferiour Courts serving on Juries and the like Their necessary Servants that tend upon them during the Parliament are also Priviledged from Arrest except in the aforesaid Cases Which Priviledge is their due eundo morando redeundo that is not only for that time the Parliament sits but also during 40 Days before and 40 Days after the Parliament finished And that not only for the Persons of Members and their necessary Servants but also in some Cases for their Goods and Estates during that Time Moreover this Priviledge do's likewise extend to such Officers as attend the Parliament as the Clerks the Sergeant at Arms the Porter of the Door and the like But if one was Arrested before he was chosen Burgess he is not to have the Priviledge of the House Many are the Precedents which shew the Resentments of this House against such as have offered to act contrary to these Priviledges and their severe Proceedings against some of them either for serving a Subpoena upon or Arresting a Member of this House or refusing to deliver a Member arrested for Debt the Parliament sitting For common Reason will have it that the King and his whole Realm having an Interest in the Body of every one of its Members all private Interest should yield to the Publick so that no Man should be withdrawn from the Service of the House And so much has been the Priviledge of the House insisted on that it has been a Question Whether any Member of the House could consent to be sued during the Session because the Priviledge is not so much the Person 's the House's And therefore when any Person has been brought to the Bar for any Offence of this nature the Speaker has usually charged the Person in the name of the whole House as a Breach of the Priviledge of this House Also for offering to threaten or to give abusive Language to any Member
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's