Rivers it is almost incompassed It lies about 8 miles from the Sea between two Hills upon one of which stands the Church and upon the other a Castle It s chief Trade is of course broad Cloaths here made And here is a Custom common to most other Market Towns of this County to hire Servants at their Fairs to which end such as want either Service or Servants do resort hither Egremont and Ravenglass are seated not sar from the Sea The first on the Banks of a River over which it has two Bridges Ravenglass betwixt two Rivers which together with the Sea incompass three Parts of it White-Haven is situate on a Creek of the Sea at the North end of a Hill where is a great Rock or Quarrey of hard white Stone which gives name unto it This Harbour is of late much improved in its Buildings being well frequented and inhabited and driving a good Trade to Ireland Scotland Chester Bristol and other Places Whose chief Trade is of Salt and Coals here plentifully digged up for which they bring in exchange several good Commodities Keswick seated in a Valley hemmed in with Hills has been a famous Town for Copper Mines and much frequented by mineral Men who had here many Smelting Houses But now it is gone to decay Not far from this Town is dug up Wadd or Black Lead in great plenty Formerly they reckoned in this County 25 Castles few of which are remaining most of them being decayed and gone to ruin Lastly this County which in the time of the Heptarchy was part of the Kingdom of Northumberland and whose Inhabitants as well as those of most part of the North besides were called Brigantes by the ancient Romans is partly in the Diocese of Carlisle and partly in That of Chester For the South Part of it called Copeland lying betwixt the Rivers Duddon and Darwent is within the Arch. Deaconry of Richmond in Chester-Diocese and all the rest of the County in the Diocese of Carlisle Out of this County besides the two Knights of the Shire there are but four Members chosen to sit in Parliament 2 from Carlisle and 2 from Cockermouth In the North Parts of it is a Tract called Gillesland from whence the Earl of Carlisle intitles himself Baron Dacre of Gillesland and South-Westward near the Sea stands the Barony of Millum In short this County became first an Earldom in the Reign of King Henry VIII who bestowed the Title upon Henry Lord Clifford Anno 1525 in whose Issue it continued till the Year 1642 the last that injoyed it being also a Henry Clifford Of an Earldom it became a Dukedom in the Person of the late Illustrious Prince Rupert second Son of Frederick Prince Elector Palatine and of Elizabeth his Wife the only Daughter of King James the first being Created Duke of Cumberland and Earl of Holderness by King Charles I. his Uncle Anno 1643. He died without Issue at Whitehall Nov. 29. 1682. And the Title of Duke of Cumberland is now in the Person of his Royal Highness Prince George of Denmark Of the Isle of Man Isle of Man The Isle of Man lying most of it opposite to Cumberland between this County and the North of Ireland this I think therefore to be the most proper Place to take notice of it This Island runs in Length from North to South about 30 miles and in Breadth where it is broadest 10 miles The Whole divided into two Parts North and South the Inhabitants of the one having affinity with the Scotch and the other with the Irish And in these Parts defended by Two Castles are reckoned 17 Parishes and but 5 Market Towns It is generally an High-land on the Sea-Coast and that well garded with Rocks The middle part of it runs up into high Hills The highest of all called Seafull has this very remarkable in it That from the Top of it on a clear Day one may easily behold three Kingdoms at once viz. England Scotland and Ireland England Eastward Scotland Northward and Ireland Westward The Air of this Island is sharp and subject to high Winds but 't is healthful And as sharp as it is in Winter yet the Frosts are short and the Snow does not ly very long in the Valleys The Soil is pretty fruitful both in Corn and Pasture affording good store of Wheat and other Grain and feeding good Flocks of Sheep and Herds of Cattle but none of the biggest size Here are also red Deer abundance of Conies and Fowl of sundry sorts In a little adjacent Island called the Isle of Calf is abundance of Puffins a sort of Sea Fowl that breeds in Cony-holes chiefly used for their Feathers and Oyl made of them But their Flesh being pickled or salted as it has a Fish-like taste so it comes little short of Anchoves And as for Fish both the Sea and Rivers yield great plenty of it It s chief Places are Douglas Laxi and Ramsâ—y on the East Shore Rushin on the South and Peel with its strong Castle on the West Shore 'T was about the Year 1340 that this Island was conquered from the Scots by William Montacute Earl of Salisbury who was thereupon honoured with the Title of King of Man Afterwards it was sold to the Lord Scrope who being convicted of Treason forfeited it to the Crown Henry IV. gave it to Henry Pierce Earl of Northumberland the last that kept it with the Title of King But he proving also false to his Sovereign the King gave it to William Lord Stanley whose Grandchild Thomas Lord Stanley was created Earl of Derby In whose House this Estate has continued hitherto with the Title of Lord of Man though a King in effect For he has here all kind of Civil Power and Jurisdiction over the Inhabitants and the very Nomination of the Bishop of Man but still under the Fief and Sovereignty of the Crown of England And as to the Bishop he must be presented to the King for his Royal Assent then to the Archbishop of York for his Consecration Which is the Reason why the Bishop of Man is no Lord of Parliament none being admitted to that Honour but such as hold immediately of the King himself Derbyshire DERBYSHIRE or as some spell it DARBYSHIRE an Inland County is bounded on the East by Nottinghamshire on the West by Cheshire and Staffordshire on the North by Yorkshire and on the South by Leicestershire And it lies so in respect to the rest of ENGLAND that the South Parts of this County are in a manner the Center of it It is in Length from North to South about 34 miles and in Breadth from East to West 16. The Whole divided into six Hundreds wherein 106 Parishes and 10 Market Towns The Temperature of the Air of this County is very wholsom as most of the Inland Counties are Next to the River Trent wherewith the South Parts of it are irrigated that of chief note is Derwent which crossing the Country from North to
fortified with a strong Castle wherein a Garrison is kept The Town is not very large but well built and well inhabited and as it has a commodious Key it injoy's a pretty good Trade Several Vessels belong unto this Town imploy'd especially in Herring-Fishing Season which are taken on this Coast in great plenty This Place is also noted for its famous Spaw which is much resorted unto But of late in a more particular manner for giving the Title of Earl to the Right Honourable Richard Lumley newly created Earl of Scarborough Between this Town and Whitby to the Northward is Robin Hoods Bay so called from Robin-Hood that noted Robber in the Reign of Richard I. About which is found a sort of Jeat or black Amber Whitby another Sea-Town is commodiously seated on the River Esk at its Influx into the Sea A pretty neat Town with a Bridge over the River and driving a good Trade chiefly for Allum and Butter Here is a Custom-House and great many Vessels belonging to the Town Formerly a Place of note for its Abbey but chiefly for the Abbess thereof S. Hilda so famed in her time for working of Miracles One of which Tradition tells us was her ridding this Part of the Country of Snakes which infected it much and conjuring of them into the Sea by her fervent Prayers Which is backed by those who aver that at the Root of the craggy Rocks that are upon the Shore therely Stones scattered here and there naturally as round as a Bullet In which Stones being broken are found stony Serpents wrapt round but most of them headless Not far from Whitby is Mulgrave an ancient Castle situate near unto the Sea and first built in the Time of Richard II by Peter de Mauley Who being pleased with it called it Mouligrace that is a fine Seat But as it proved a grievous Yoke to the neighbour Inhabitants they nicknamed it and called it Moultgrave since turned into Mulgrave by which Name it go's to this day It continued in this Line for 7 Generations and all of them called Peters too The Issue male failing it passed through several Families till it came to the Sheffields Out of which House Edmund Lord Sheffield of Butterwick Lord President of the North was created Earl of Mulgrave by King Charles I. Anno 1625. To whom succeeded in the Title Edmund his Grand-Son by Sir John Sheffield his second Son Who dying in the Year 1658. left his Title to his Son and Heir the Right Honourable John Sheffield the present Earl of Mulgrave Some miles West from Mulgrave Castle is a small Sea-Town called Skeningrave not to be omitted were it but for the following Account of the Seal-fish Hereabouts near unto Hunt-Cliff at low Water appear Rocks not far from the Shore about which the Seal-fish come in great Sholes and in fair and warm Weather ly sleeping and sunning themselves But as it has been observed while they ly thus asleep one of them is upon the Watch and acts the part of a Sentinel Who upon the appearance of any Danger gives the Signal by flouncing into the Water the Noise whereof awakes the rest and so they make their escape They are not afraid say's my Author of Women but only of Men and therefore they that catch 'em put on Womens Cloaths If when they are chased they find themselves too far from the Water their Way is with their hinder feet to fling Sand and Gravel backward in the Pursuers faces which forces 'em sometimes to quit the Sport Some miles from this Coast to the Southward is a Tract of Land called Cleveland taking that Name as Cambden tells us of the Cliffs or steep Banks which run all along the side thereof and at the foot of which the Country spreads it self into a fine fruitful Plain A Territory besides of a good extent which gave the Title of an Earl to Thomas Lord Wentworth created Earl of Cleveland by King Charles I. But leaving no Issue the Title died with him Anno 1670. King Charles II. conferred the Title of Dutchess of Cleveland upon Barbara Villiers Daughter to the Lord Viscount Grandison who was slain in the Civil Wars the Earl of Castlemain's Wife and Mother of three Dukes viz. the Duke of Southampton the Duke of Grafton and the Duke of Northumberland In this Tract I mean Cleveland is an ancient Castle called Danby seated near unto a large Park and a goodly Chase of the same Name It belonged anciently to the Lord Latimer and was sold with other Lands belonging to that Family to Ralph Nevil Earl of Westmorland who forthwith gave the same to his Son Sir George Nevil And not long after King Henry VI. summoned him to the Parliament by the Name of Lord Latimer Whose Issue male failing in Queen Elizabeths Time the Estate was divided between his two Daughters The Castle with the Lands adjoyning fell to the share of Mary Wife to Sir John Danvers of Wiltshire By whom she got Sir Henry Danvers Created by King James I. Lord Danvers of Danby and by King Charles I. Earl of Danby But he dying without Issue the Title lay dormant till revived by Charles II. By whom the Right Honourable Thomas Osborn now Marquess of Caermarthen was created Baron of Kineton and Viscount Latimer in the Year 1673 and Earl of Danby the next Year Gisborough is pleasantly seated in a Flat between Mulgrave and the River Tees A mean Town to what it was when it had its rich Abbey but of some note however for being the first place where Allum was made in England Not far from which is Roseberry-Topping a Hill Pyramid-like serving to Sailers for a Land-Mark and being to the Country-people a certain Sign of Rain when they see a Cloud over it Almost at the top of it is a Spring of Water coming out of a huge Rock counted good for sore Eyes Stokesley is a Market-Town well watered with fresh Streams Yarum but a mean Town is seated on the Tees which divides this County from the Bishoprick of Durham and over which it has a fair Stone-Bridge North-Allerton a large Borough-Town stands near the Wisk a small Stream that falls into the Swale And Thirsk is a small Borough-Town that had once a very strong Castle Bedal Middleham and Masham are all three in Richmondshire The first seated on the Swale and a small Stream that falls there into it Middleham and Masham on the Youre And not far from Masham is Aldborough an ancient Borough-Town New Malton Pickering Kirby-Moreside and Helmley ly all four Eastward not far distant from each other nor from the Sea The first a Borough-Town is seated on the Banks of the River Derwent over which it has a Stone-bridge and contains 3 Parish Churches being well-inhabited and accommodated with good Inns for Travellers It s Market on Saturdays is counted one of the best in all the County for Horses living Cattle Provisions and most Country-Commodities especially Tools for Husbandry The other
plentifull Dinner for all the Clergy that shall then meet there In this Colledge now repaired since the dreadfull Fire is a fair spacious Library built by John Sympson Rector of St. Olaves Heart-street and one of the said Founder's Executors Which Library by the Bounty oâ— divers Benefactors has been well furnished with Books especially such as relate to Divinity There are likewise in London divers Publick Schools indowed as St. Pauls Merchant Taylors Mercers Chappel c. which in other Countries would be stiled Colledges But especially Paul's School a commodious and stately Building at the East end of St. Paul's Ca. thedral Founded in the Year 1512. by John Collet Dr. of Divinity and Dean of St. Pauls for 153 Children to be taught there gratis For which purpose he appointed a Master a Sub-Master or Usher and a Chaplain with large Stipends for ever committing the Oversight thereof to the Masters Wardens and Assistants of the Mercers in London his Father Henry Collet sometime Lord Mayor of London having been of their Company Moreover for the Correction of Vagabonds and other Persons of a loose Life and Conversation there are several Work-houses The principal of which is Bridewell near Fleet-Bridge A stately Building first built by King Henry VIII for the Reception of the Emperour Charles the fifth but since converted to this Use And for Trying of Malefactors there is in the Old-Baily the Sessions-House which may go with the rest among the Ornaments of this glorious City as unpleasant as it is to many people that are there tried for their Lives Within the Precincts of Westminster are also many Things worthy our Observation I begin with Whitehall belonging heretofore to Cardinal Woolsey and since his Time become the usual Place of Residence of the English Monarchs 'T is seated betwixt the Thames on the East and a fine Park on the West amidst the Pleasures of the Water and the Charms of a fine spacious Spot of Ground The River of one side affording a great deal of Variety by the Multitude of Boats that cover it the Park on the other side charming the Eye with its delicate Walks well gravelled and as well shadowed parted with a fine Canal in the middle and this fronted with a brazen Statue which for curious Workmanship is admired by Artists themselves As for Whitehall it self I confess its outward Appearance is not great but it is very convenient and more glorious within than without And yet the Chamber at the front of it called the Banquetting-House is such a Piece of Building as for Spaciousness Beauty Painting and exact Proportion is not to be parallelled by any King in Europe the Cieling whereof was all painted by the hand of the famous Sir Peter Paul Rubens Here is also besides the Protestant Chappel a neat one built by the late King James for his Use which by the Grace of God ly's now dormant And in one of the Courts stands his Brazen Statue which has had better luck than that of Newcastle upon Tine On the North-West side of the Park is another Royal Pallace called St. James which gives name to the Park In the Strand is another Pallace called Somerset-House where the Queen Dowager resides and keeps her Dourt This was built by Edward Duke of Somerset Uncle to King Edward the fixth But the Glory of Westminster is the Abbey-Church there founded before the Norman Conquest by King Edward the Confessour and most richly indowed afterwards rebuilt from the Ground by King Henry III. This huge Fabrick stands on that piece of Ground which formerly was called Thorney-Island then surrounded with Water and where of old stood a Temple dedicated to Apollo In this Church is usually performed the Coronation of our Kings with that Pomp and Magnificence as becomes such potent Monarchs On the East end of it is Henry the Sevenths Chappel built by that King with admirable artificial Work both within and without And here are the Tombs and Monuments of several of our Kings and Queens among which that of massy Brass is so curiously wrought that it is scarcely to be parallelled The Abbey was converted into a Collegiate Church by Queen Elizabeth who placed therein a Dean and 12 Prebendaries besides about 30 petty Canons and others belonging to the Quire The Dean is intrusted with the Custody of the Regalia at the Coronation and honoured with a Place of necessary Service at all Coronations Adjoyning to this Church is a famous School and Colledge called Westminster School a Seminary for the Universities The Colledge consists of 40 Scholars commonly called Kings Scholars who being chosen out of the School and put into the Colledge are there maintained And as they are fitted for the University they are yearly elected away and placed with good Allowances in Christ-Church Colledge in Oxford and Trinity College in Cambridge Here is also in the Cloysters a fair publick Library free for all Strangers to study both Morning and Afternoon always in Term-time Next this Church stood the Royal Pallace of the Kings of England a great Part whereof was burnt down in the Time of Henry VIII What remained has still been imploy'd for the Use of the Lords and Commons assembled in Parliament and for the chief Courts of Judicature The great Hall where these are kept commonly called Wesiminster-Hell is 270 foot in length and 74 in breadth for its Dimensions not to be equalled by any Hall in Christendom And were it set out according to its Greatness and the Dignity of the Courts that are kept there it might pass for one of the most remarkable Buildings in Europe Erected as some say by King William Rufus or according to others by Richard II about 3â—0 years ago But this is not all that Westminster affords worâ—h our taking notice The Brazen Statue of King Charles I at Charing-Cross the New Exchange and Exeter Change in the Strand the Savoy once a famous Hospital several Noblemens Houses more like Princely Pallaces such as Montague Berkley Wallingford Southampton and Northumberland House the New Buildings raised from York Arundel Worcester Essex Newport and Clarendon-House Those of Sohoe which alone might make a good large City and many more too numerous to insist upon All these together with so many fine Piazza's or Squares I have already mentioned are enough if duly considered to raise the Admiration of all Strangers But for a publick Building of a late Erection 't is worth our while to step out of the Way and take a View of Chelsey-Hâ—spital Begun by Charles II. continued by King James his Brother and brought to perfection by our present King and Queen for the Refuge and Maintenance of poor and disabled Souldiers that have faithfully served their King and Country A stately Pile which in some respects outdo's in others is out done by the famous Hotel des Invalides at Paris As for the Government of London and Westminster the City of London with the Liberties thereof is governed in chief as to
Democracy for ever all the World know's No Stone was left unturned and what came of it As soon as ever Opportunity served the very Presbyterians themselves joyned with the Royalists to bring in the exiled King and re-establish the ancient Government So soon the Nation grew sick of the Commonwealth and so strong was then the Current for Monarchy that without the shedding of a drop of Bloud the first was in a manner hissed out of the Nation and Monarchy restored with the greatest Pomp and Joy imaginable I set aside the Zeal of our English Clergy for Monarchy and their Influence upon the Laity The great Number alone of our Nobility and Gentry with their proportionable Ascendent upon the People makes me look upon it as a moral Impossibility for Commonwealth-Government ever to prevail here 'T is well known the Genius of Commonwealths is for keeping down the Nobility and extinguishing all those Beams of Royalty Therefore as 't is their Interest so I suppose it will be their Care to stick to Monarchy CHAP. VII Of the KING of ENGLAND And first of his Dominions Titles Arms his Ensigns of Royalty and Marks of Sovereignty THE King of England is otherwise called King of Great-Britain as being the sole Sovereign and supreme Head of this great and famous Island containing the two Kingdoms of England and Scotland besides the Principality of Wales Which Principality was first united by Conquest to the Crown of England Anno 1282 by King Edward I. Who overcame and slew in Battel Llewellen the last Sovereign Prince of Wales of the Race of Cadwallader the last King of the Britains After the Conquest thereof he took all the provident Care imaginable to secure it to the Crown but the Welsh seldom contained themselves within the bounds of true Allegiance till the Reign of Henry VII who was extracted from the Welsh Bloud In whose Successor's Reign Henry VIII they were made by Act of Parliament one Nation with the English subject to the same Laws capable of the same Preferments priviledged with the same Immunities and inabled to send Knights and Burgesses to the English Parliament So that the Name and Language only excepted there is now no Difference between the English and Welsh A very happy Union Scotland was also brought into Subjection by the same King Edward so that he received Homage of its King and Nobility and had there his Chancery and other Courts under a Viceroy But with much strugling they recovered at last their Liberty and set up a King of their own Robert Bruce who had the luck to be confirmed in it by the Defeat given to Edward II one of our unfortunate Kings 'T is true his Son King Edward III a most virtuous and valorous Prince changed the face of Affairs in Scotland and brought again the Scots to Obedience Insomuch that he excluded David the Son of Robert Bruce from the Crown then forced to fly into France and restored the House of Baliol to the Kingdom in the person of Edward Son of King John Baliol. Who upon his coming to the Crown did Homage to this King Edward as his Father had done to King Edward I. But 't was not long before the Scots quitted again their Subjection and Vassalage to the Crown of England the Roll of Ragman being treacherously delivered into their hands by Roger Mortimer Earl of March Which Roll contained a Confession and Acknowledgement of the Estates of Scotland subscribed by all their Hands and Seals whereby they owned the Superiority of the Kings of England not only in regard of such Advantages as the Sword had given them but as of their original and undoubted Right But setting aside this point of Vassalage the Kings of England are Kings of Scotland by a better Title For King James VI of Scotland and the first of England succeeded Q. Elizabeth in the Realm of England as the next Heir to the Crown Anno 1602 being descended by Mary Queen of the Scots his Mother from Margaret the eldest Daughter of Henry the VII King of England and Wife to James IV of Scotland And here the Wisdom and prudent Foresight of Henry is very remarkable Who having two Daughters bestowed the Eldest contrary to the Mind of his Council on the King of Scots and the younger on the French King that if his own Issue Male should fail as it did by the Death of his Grandson King Edward VI and that a Prince of another Nation must inherit England then Scotland as the lesser Kingdom should depend upon England and not England wait on France as upon the greater In which Succession of the Scots to the Crown of England the Prophecy of the fatal Stone received accomplishment I mean the Stone which the Scots lookt upon as their Palladium kept at Scone in Scotland the usual Place for the Coronation of the Scotish Kings upon which they received their Crown till the Removal of it unto Westminster by King Edward I. The Verses of old ingraven upon this Stone run thus Non fallat Fatum Scoti quocunque locatum Invenient Lapidem regnare tenentur ibidem Translated in old Meeter thus The Scots shall brook that Realm as natif Ground If Weirds fail not where ere this Stone is found Thus the Scots so often quelled and curbed by the English never subdued England but by this blessed Victory Ever since this happy Union Scotland has been deprived of its Kings Residence there who changed the worse Seat for the better But under the King there is a chief Governour appointed by his Majesty the Lord High Commissioner of Scotland who by that Title injoys the ordinary Power and Authority of a Viceroy In this manner Scotland has continued to this day a separate Kingdom governed by its own Laws 'T is true there have been several Attempts made to unite it into one Kingdom with England as Wales was by Henry VIII But hitherto they proved unsuccesfull So far we have cleared in few Words by History the whole Isle of Great Britain to the King of England with the numerous Islands about it the principal of which are the Isles of Shepey Thanet Wight Anglesey and Man The next that offers it self is the Kingdom of Ireland a great Part whereof was Conquered by the English about the Year 1172. in the Reign of Henry II and the Occasion thus Ireland being then divided amongst several â—petty Kings the King of Leinster was by the King of Meath driven out of his Kindom He fled to England for Refuge where applying himself to King Henry Henry resolved to attempt his Restauration which he did effectually and in the doing of it brought the best part of the Island under the English Subjection King John the Younger Son of Henry was the first who was Intituled Lord of Ireland Which Stile was granted him by Pope Urban III and continued to his Successors though in effect Kings thereof till the Year 1542 when Henry VIII was declared in an Irish Parliament King of
in Yorkshire Tinmouth Castle in Northumberland and Holy Island near the Coast of that County S. Maries Castle among the Isles of Scilly Pendennis in Cornwal and Portland Castle in Dorsetshire Besides the Islands of Jersey and Garnsey on the Coast of Normandy The Number of Men in each of those Garrisons is uncertain for it is greater or lesser as Occasion serves Most of them are unregimented Companies These together with the Royal Guards being the standing Land-Forces in Their Majesties Pay there is for the Paying of them first a general Officer called the Pay-Master General who has several Clerks under him Next is the Commissary General of the Musters who has a Deputy Commissary in London besides eight other Deputy-Commissaries who have their distinct Circuits in the Country for Mustering the Forces which lye in the several Garrisons There is also a Secretary at War with several Clerks and a Messenger under him Which three considerable Offices are kept at the Horse-Guard Moreover there is a Judge Advocate a Scout-Master General an Adjutant General and a Marshal of the Horse besides a Chirurgeon General Amongst Their Majesties Land Forces we may reckon the Militia or Train Bands of every County as being wholly at the King's Disposal and bound to Assist Him upon all Occasions within the Bounds of the Realm In Queen Elizabeth's Time a general Muster was made by her Order of all Men able to bear Arms from the Age of 16 to 60 who then amounted to three Millions of Men whereof six hundred Thousand fit for War But in Time of Peace the Matter is so regulated that there is not above one hundred thousand Horse and Foot actually Inrolled for the Defence of the Realm The Management whereof is in the hands of the Lord Lieutenants of the several Counties of England who are usually of the principal Rank amongst the Peers of the Realm chosen for that purpose by the King and so created by his Commission They have Power by Act of Parliament to charge any Person with Horse Horsemen and Arms that has 500 l. a Year or 6000 l. personal Estate and with a Foot Souldier any Person that has 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together either to find a Horse and Horseman or a Foot Souldier according to their Estates They have also Power to Arm Array and Form the Forces into Companies Troops and Regiments and to make their Officers by giving them Commissions and upon any Rebellion or Invasion to lead and imploy the Men so Armed within their respective Counties or into any other County as the King shall give Order They name their Deputy Lieutenants and present them to the King for his Confirmation Who are to be of the principal Gentry of the Country and have the same Power as the Lord Lieutenant in his absence To find out Ammunition and other Necessaries there is a Tax of 70000 l. a Month upon the whole Kingdom whereof the Lord Lieutenants or Deputies or any three or more of them may levy a Fourth Part of each Mans Proportion in it And when occasion shall be to bring the Militia into actual Service the Persons so charged are to provide each Souldier respectively with pay in hand for a Month at the rate of 2 shill a Day for a Horseman and 12 pence for a Foot Souldier For Repayment of which Mony and the satisfaction of the Officers for their Pay during the time aforesaid Provision is to be made by the King out of the publick Revenue and till the same be actually performed none can be charged with another Months Pay These Forces are always to be in readiness with all Things necessary at the beat of Drum or sound of Trumpet to appear muster and be at certain times trained and disciplined Now to give speedy notice of an approaching Invasion there are all over England high Poles erected upon eminent Places both Inland and Maritime with Pitch-barrels fastened on the Top known by the name of Beacons Which being set on fire one by the sight of another the whole Kingdom has thereby notice in few Hours of the approaching Danger Whereupon the Militia to secure the Kingdom makes haste to the Sea-Coasts As for the present Army which God has lately blest with a glorious Victory carrying with it the Reduction of Ireland and I hope a Fate upon France it was lately Computed to be near Fifty thousand strong Horse Foot and Dragoons consisting of English Irish French Danish and Dutch Forces I wish for the satisfaction of the Reader that I could give a particular and exact Account of this brave and gallant Army But rather than do it imperfectly I beg the Reader 's leave to decline it And so I come to the Maritime Power of England Which consists in general of about 130 Men of War besides Fireships Yachts Hulks Ketches Sloops Hays and Smacks and several other Vessels for Tenders and Victuallers The Men of War are divided into six Rates or Ranks Built in several Places but most at Woolwich Chatham Deptford Blackwall Harwich and Portsmouth The following List gives you the Names of them according to their Rates in the Alphabetick Order with the Year when they were built also the Number of Tuns Men and Guns each of them commonly carries abroad in Time of War Those whose Names be in the Roman Letter are the Thirty that were built by an Act of Parliament made in the Year 1676. First Rates Ships Built An. Tuns Men. Guns S. Andrew 70 1313 730 96 Britannia 82 1620 815 100 Charles 67 1229 710 96 Royal Charles 72 1531 780 100 Royal James 75 1422 780 100 London 70 1328 730 96 S. Michael 69 1101 600 90 Royal Prince 70 1403 780 100 Royal Sovereign  1605 815 100 Rebuilt     Second Rates Albemarle 81 1462 660 90 Catharine 64 1050 540 82 Coronation 85 1475 660 90 Duke 82 1546 660 90 Dutchess 79 1475 660 90 S. George 22 891 460 72 Neptune 83 1475 660 90 Ossory 82 1300 660 90 Rainbow 17 868 410 64 French Ruby  868 570 80 Sandwich 79 1395 660 90 Triumph 23 891 460 70 Vangard 78 1357 660 90 Victory Rebuilt 63 1029 530 82 Unicorn 33 823 410 64 Windsor Castle 78 1462 660 90 Third Rates Berwick 79 1089 460 70 Breda 79 1050 460 72 Burford 79 1174 460 70 Cambridge  941 420 70 Captain 78 1164 460 72 Defiance 75 881 420 70 Dreadnought 53 732 355 62 Dunkirk 51 662 340 60 Eagle 79 1057 460 70 Edgar 68 994 445 72 Elizabeth 79 1151 460 70 Essex 79 1068 460 70 Exeter 79 1070 460 70 Expedition 78 1057 460 70 Grafton 79 1184 460 70 Hampton Court 78 1105 460 70 Harwich 74 993 420 70 Hope 78 1058 460 70 Kent Rebuilt 79 1064 460 70 Lenox 78 1096 460 70 Lyon Rebuilt 58 717 340 60 Mary 49 777 355 62 Monk 59 703 340 60 Monmouth
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
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
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
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
c. There are also in every County commonly four Officers called Coroners vulgarly pronounced Crowners because they deal principally with Pleas of the Crown or Matters concerning the Crown His Office is to Inquire by a Jury of Neighbours how and by whom any Person came by a violent Death and to enter the same upon Record And whereas the Sheriff in his Turn may inquire of all Felonies by the Common Law except a Mans Death the Coroner can inquire of no Felony but of the Death of Man and that super visum Corporis upon view of the Body Which Inquisition of Death taken by him he ought to deliver at the next Goal-Delivery or certify the same into the Kings Bench. Therefore he ought to put in writing the â—ffect of the Evidence given to the Jury beâ—ore him and has power to bind over Witnesses to the next Goal-Delivery in that Counâ—y For doing his Office he is to take nothing â—pon grievous Forfeiture But by 3 H. 7. he 〈◊〉 to have upon an Inditement of Murder 13 s. d. of the Goods of the Murderer But besides his Judicial he has likewise a â—inisterial Power as a Sheriff As when there 〈◊〉 just Exception taken to the Sheriff Judicial Process shall be awarded to the Coroners for the execution of the Kings Writs in which Cases he is locum tenens Vicecomitis or supplies the Sheriffs place And in some special Case the Kings Original Writ shall be immediately directed unto him There are as I said before commonly four of these Officers in every County of England But Cheshire has but two and each Shire in Wales has no more The same are chosen by the Freeholders of the County by virtue of a Writ out of the Chancery and continue notwithstanding the Demise of the King in their Office Which was of old in so great esteem that none could have it under the degree of a Knight And by the Writ De Coronatore eligendo the Party to be chosen must have sufficient Knowledge and Ability to execute this Office which is implied in these Words Et talem eligi facias qui melius sciat possit Officio illi intendere After he is elected the Sheriff is to take his Oath only to execute his Office And the Court which he holdeth is a Court of Record Every County also has an Officer called Clerk of the Market Whose Office is to keep a Standard of all Weights and Measures exactly according to the Kings Standard kepâ— in the Exchequer and to see that none other be used in the same County He is to seal aâ— Weights and Measures made exactly by thâ— Standard in his Custody and to burn such a are otherwise He has a Court wherein hâ—â— may keep and hold a Plea CHAP. VIII Of Mayors and Aldermen Bailiffs Stewards and their respective Courts with an Account of the Constables Every City of England says Dr. Chamberlain is by their Charters or Priviledges granted by several Kings a little Common-wealth apart governed not as the â—â—ties of France and Spain by a Nobleman 〈◊〉 Gentleman placed there by the King but wholly by themselves For in Cities the Citizens chuse themselves for their Governour Mayor commonly out of 12 Aldermen And â—n some other Corporations a Bayliff is chosen â—f a certain Number of Burgesses The Mayor is the Kings Lieutenant and â—uring his Mayoralty which is but for one â—ear is in a manner a Judge to determine â—atters and to mitigate the Rigour of the â—â—w Therefore he keeps a Court with his â—ethren the Aldermen With these and the â—ommon Council he can make By-Laws for â—e better Government of the City provided â—â—ey be not repugnant to the known Laws of â—â—e Realm So that the Mayor Aldermen â—â—d Common Council assembled are in a manner an Image of the King Lords and Commons convened in Parliament If the Citizens be Taxed 't is by themselves or their Representatives every Trade having some of their own Members always of the Council to see that nothing be enacted to their Prejudice But the Sheriffs have also a good share in the Government of Cities as being the proper Judges of Civil Causes within the same and the principal Officers appointed to see all Executions done whether Penal or Capital As every County of England is divided into Hundreds so the King's Subjects formerly had Justice ministred to them by Officers of Hundreds called Bayliffs who might hold Plea of Appeal and Approvers But in the Reign of Edward III these Hundred Courts certain Franchises excepted were dissolved into the County-Courts Yet there are still divers considerable Towns the chief Magistrates whereof have retained the name of Bayliff as Ipswich Yarmouth Colchester c. Where the Bayliff's Authority is the same with the Mayor's in other Places and they keep Courts accordingly The Truth is they differ in nothing but the Name For the Mayor of London before the Reign of Richard the First was called the Bayliff of London So King John following the Example of Richard made the Bayliff of Kings Lynn a Mayor in the year 1204 and Henry V. made the Bayliff of Norwich a Mayor Annoâ—â— 1419. But there are others to whom the name of Bayliff is still appropriate as the Bayliff of Dover Castle that is the Governour thereof There be likewise Bayliffs of Mannors or Husbandry such as have the Oversight of Under-Servants to private Men of great Substance that set every Man to his Labour and Task gather the Profits to their Lord and Master and give him an Account thereof The vilest sort of Bayliffs to this day are those Officers that serve Writs and Arrest People by virtue thereof And these are of two Sorts Bayliffs Errants and Bayliffs of Franchises The first are such as the Sheriff makes and appoints to go any where in the County to serve Writs to summon the County Sessions Assizes and such like Bayliffs of Franchises be those that are appointed by every Lord of a Mannor to do such Offices within his Liberty as the Bayliff Errant doth at large in the County By Stewards I mean here such as are Imployed by some Lords of Mannors to hold their Courts called Court-Leet or View of Frank-pledge the word Leet signifying properly a Law-Day This is a Court of Record not incident to every Mannor but to those only which by special Grant or long Prescription hold the same For 't is likely Kings did not intrust any with this Power but such as they had great Kindness for and Confidence in To this Court those that are within the Homage and sometimes those out of it are called to Swear Fidelity to the Prince Here also Inquiry is made of Privy Conspiracies Frays Bloodshed and Murders To which was added the Oversight of Measures And what Offences are found especially great ones ought to be Certified to the Justices of Assize by a Statute made in the Reign of Edward III. For in whose Mannor soever this Court be Kept it is accounted
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
is scarce any Country whose Fields are better stored with all sort of Corn the Pastures with Cattel the Woods and Forrests Parks and Warrens with wild Beasts only for Recreation and Food the Air with Birds and Fowls the Seas and Rivers with Fishes and the Mines with Coals and Metals On the other side there is scarce a Country so little troubled with hurtful and ravenous Beasts with venomous Serpents or noisom Flies and Vermine Wolves which of all ravenous Beasts are the most pernicious and destructive of Cattel have been so wonderfully extirpated out of this Land that I cannot omit the History of it I know it has been a Tradition of old Writers that England never had any Wolves at all and that being brought hither from other Places they would not live But History tells us the contrary here being abundance of them till King Edgar commuted for 300 Wolves the yearly Tribute paid him by the Prince of Wales Which made the Welch so industrious and active in Wolf-hunting that the Wolves were in time quite rooted out of the Land the Welch protesting at last they could find no more of ' em Whereby 't is come to pass that whereas in other Countries they are at the Charge and Trouble of guarding their Sheep and housing them by night here they are left feeding in the Fields day and night secure from any Danger unless it be sometimes from Men-Wolves or Sheep-stealers And yet I am credibly informed that in some Places as Warwickshire among the rest some Wolves from time to time have been discovered But as it happens but seldom so upon the least notice the Country rises amain as it were against a common Enemy there being such a hue and cry after the Wolf that it is hard for him to escape the Posse Comitatus CHAP. V. Of the COUNTRY in particular And first of Barkshire Bedfordshire Buckinghamshire in the Alphabetick Order With an Account of what is most remarkable in each Barkshire BARKSHIRE BERKSHIRE or BERKS is an Inland County 'T is bounded on the North by the Thames and Isis which part it from Oxfordshire On the South by Hampshire Eastward by Surrey and Westward by Wiltshire and Glocestershire It contains in Length from East to West about 45 Miles in Breadth from North to South 25. The whole divided into 20 Hundreds wherein 140 Parishes and 12 Market-Towns The Country is very pleasant the Air sweet and the Soil fruitful Next to the Isis and the Thames which water the North Parts of it the Kennet is the principal River which runs into the Thames at Reading and yields excellent Trouts especially about Hungerford Reading the County-Town lies 32 Miles West from London thus viz. to Colebrook 15 from thence to Maidenhead 7 and 10 more to Reading A Town commodiously seated at the fall of the Kennet into the Thames over which Rivers it has several Bridges and that over the Kennet is the fairest The Town is well inhabited and contains 3 Parish Churches Of great Resort and Trade especially for its Cloth and Malt here made Here the County Assizes are usually kept and its Market is on Saturday The other Market-Towns are Windsor Sat. Vantage Sat. Abington Mund. Frid. Faringdon Tues Ockingham Tues Wallingford Tues Frid. Maidenhead Wed. Hungerford Wed. East-Isley Wed. Newbury Thurs Lainborn Amongst which Wallingford and Abington are two Towns of great Antiquity and such as have flourished in their time but since gone to decay The first being the Guallena of the Ancients and then the chief Town of the Attrebatii was afterwards also among the West Saxons the chief Town of this County A Mile in compass at that time within the Walls fortified with a strong Castle and adorned with 12 Parish Churches But in the Year 1348 so desolated by a Plague that there is now but one Church left hardly Inhabitants enough to keep that in repair and nothing of the Walls left as not much of the Castle but the Tract and Ruins of ' em However as it is seated upon the Thames over which it has a Bridge it makes shift to support it self by its Trade of Maulting and its Commodiousness for Transporting Corn and other Commodities to London And so doth Abington which lies North-West from it at the fall of the Ouse into the Isis Noted for giving the Title of an Earldom to the Right Honourable James Bertie the present Earl of Abington Baron Norreys c. Windsor on the Thames is chiefly remarkable for its Castle the finest Royal Pallace of England and the only Castle of six this County has formerly had which is now remaining Which being seated on a great Eminence with a stately and spacious Terrass before it injoys a pure Air and a delicate Prospect Famous for being the Place where the Ceremony of the Knights of the Garter is solemnized on St. George's Day Newbury and Hungerford are both seated on the River Kennet few Miles distant from each other The first of chief note for the Batteâ— fought here in the long Civil Wars called Newbury Fight where King Charles I. remained victorious And the last for having the best Trouts and Craw-Fish in all England This County formerly a Part of the ancient Kingdom of the West-Saxons the Inhabitants whereof called Attrebatii by the ancient Romans is in the Diocese of Salisbury Dignified with the Title of an Earldom in the person of the Right Honourable Thomas Howard the present Earl of Barkshire Viscount Andover c. Devolved to him from his Brother Charles and to Charles from their Father Thomas Howard created Earl of Barkshire Anno 1625. Which Title had been injoyed before him by another Family but in the Person only of Francis Norris created Earl of Barkshire by King James I. Anno 1620 who died few Years after without Issue Male. Out of this County are chosen besides the two Knights of the Shire seven Members to sit in Parliament Viz. 2 from Reading 2 from Windsor 2 more from Wallingford and 1 from Abington Bedfordshire BEDFORDSHIRE another Inland County is bounded Eastward by Hartfordshire and part of Cambridgeshire Westward by Buckinghamshire Northward by Northampton and Huntington Shires Southward by Middlesex and the South Parts of Buckinghamshire It contains in Length from North to South not above 24 Miles in Breadth but 12 and in Circumference 72. The Whole divided into nine Hundreds wherein 116 Parishes and 10 Market-Towns Here the Air is very temperate the Country for the most part Champion and the Soil ferile especially the North part of it Noted shiefly for yielding the best Barley in Engâ—and Next to the River Ouse which waters the North Parts of it the Ivel is the chief which falls into the Ouse A memorable Thing is recorded of this River Ouse which I am unwilling to pretermit At a Place near Harwood on New Years Day 1399 just before the War began between the Two Houses of York and Lancaster this River suddenly stood still and ceased
in which S. Augustine the Monk the first Apostle of that People had a Conference or Consultation with the British Bishops More memorable in the following Times for giving the Title of an Earl to the Illustrious Family surnamed De Clare the addition of an Honour and a goodly Patrimony to John of Gaunt Duke of Lancaster and at this time the Title of Marquess to the Duke of Somerset This Town is seated on the Lea much decay'd by the turning the High-way through Ware and having now but 3 Parish Churches Here however is kept the County Goal and 't is a well frequented Market on Saturdays The other Market-Towns are S. Albans Sat. Rickmansworth Sat. Barnet Mund. Berkhamsted Mund. Buntingford Mund. Watford Tue. Ware Tue. Hitching Tue. Hempsted Thu. Hatfield Thu. Hodsdon Thu. Baldock Thu. Bp. Stretford Thu. Stevenedge Frid. Tringe Frid. â—toudon Frid. Amongst which S. Alhans seated on the River Coln was so called from a famous Monastery here founded by Offa the great King of the Mercians in honour of St. Albans the Protomartyr of Britain a Citizen of Verulamium near adjoyning to it Out of the Ruins whereof decay'd by Age and destroy'd by War arose the present S. Albans the fairest and best traded Town in this County A Town which formerly injoy'd great Priviledges For Divine Worship it has now 3 Parish Churches and in one of 'em ly interred the Bodies of many Nobles slain in two Battels fought here between the Houses of York and Lancaster This Town has been dignifyed with the several Titles of Viscount Earl and Duke With the first Anno 1620 in the Person of Francis Bacon Viscount S. Albans Lord Verulam and Lord High Chancellour of England With the Title of Earl Anno 1628. in the person of Richard de Burgh and continued in his Son Ulick with whom it dyed till revived again Anno 1660. by King Charles II. in the person of Henry Jermin the last Earl of St. Albans Who dying without Issue King Charles advanced his Grace Charles Beauclare Earl of Burford to the Title of Duke by making him Duke of S. Albans Ware Hatfield and Hodsdon are all three seated on the Lea. The first a good Thorough-fare Town much improved since the High-Way was turned from Hartford hither Noted besides for the Channel cut from thence to London where it serves so many hundred Families with the Conveniency of that excellent Water called New River Water To which may be added another Observation the pleasantness and easiness of the Road from Ware up to London which being of a Sandy Soil proves seldom dirty but within a mile of London and is so filled with Towns and Gentlemens Houses from mile to mile that one would think the Suburbs of London on the North side fetch their beginning at Ware So strange is the Influence of this rich and populous City Hatfield is a Place of great Delight and Recreation but of chief note for that stately House called Hatfield House formerly one of the Kings of Englands Pallaces till it came in the possession of the Earls of Salisbury A House which for Situation Prospect Contrivance and Building for Air water and all other Accommodations is inferiour to none in England Not far from Hodsdon but nearer to Waltham Abby in Essex is Theoballs one of the Kings Royal Seats pleasantly situate among delightful Walks Gardens Groves and Springs First built by Sir William Cecil and afterwards beautifyed by his Son Robert both Lord Treasurers of England Barnet or high Barnet is pleasantly seated on a Hill and in the Road within ten miles of London Of some account for its Medicinal Waters but much more memorable for a bloody Battel fought here between the two Houses of York and Lancaster wherein the former prevailed Warford and Rickmansworth are both seated near the Coln And not far from the first Langley Abbey the Birth-place of that proud and high-spirited Pope Adrian IV. first known by Nicholas and surnamed Break-Spear Bishops-Stratford is a great Market Town seated near the River Stowr on the side of a Hill and much resorted unto On the East-side whereof are to be seen the Ruins of a Castle called the Castle of Waymour standing very steep in an Isle upon an artificial Mount with a dark and deep Dungeon in it which denotes some great Priviledges to have belonged unto it in former Times It was ruinated by King John Among the Market-Towns here I might have put in Royston part of which stands in this County but I refer you for it to Cambridgeshire In short this County which formerly was divided betwixt the Kings of Mercia and the East-Saxons and whose Inhabitants were part of the Catieuchlani as the Romans called them stands now divided betwixt the Dioceses of London and Lincoln Out of it are elected besides the two Knights of the Shire but four Members to serve in Parliament 2 by Hartford and 2 by St. Albans CHAP. X. Of Herefordshire Huntingtonshire and Kent Herefordshire HEREFORDSHIRE or the County of Hereford is an Inland County Which has for its Eounds Eastward Glocestershire and Worcestershire Westward Radnockshire and Brecknockshire in Wales Northward Shropshire and Southward Monmouthshire It s Length from North to South is about 35 miles its Breadth from East to West 30. The Whole divided into 11 Hundreds wherein 176 Parishes and but 8 Market-Towns This County was formerly part of Wales before it was by Conquest annexed to this Crown And then it was strengthened with no less than 28 Castles whereof there 's scarce any thing now remaining but their Ruins Here the Air is temperate and healthful and the Soil exceeding rich T is well cloathed with Wood and refreshed with Rivers the principal of which are the Wye Lug Arrow and Frome Two Things this County excels in its plenty of Fruit and the finest Wool in any part of England And amongst all sorts of Fruits the Red-streak Apple which makes the best sort of Cider is that which thrives here to admiration Hereford the chief Place hereof bears West-North-West from London and is distant from it 101 miles thus From London to Glocester 81 miles as you may see in Glocestershire then from Glocester to Ross 10 miles and to Hereford 10 more 'T is seated on the Banks of the River Wye and another that runs into it amongst richâ— Meadows and plentiful Corn-fields Raised out of the Ruins of Ariconium a Place of good account in the time of the Romans It had once a strong and stately Castle built by the Normans which Time has now ruinated And now it is walled about having six Gates for entrance and 15 Watch-Towers for defence 'T was a Bishops See in the time of the Britains and restored to that Dignity by the Saxons Anno 680. Noted besides for giving first the Title of Earl then that of Duke and lastly that of Viscount now in the Person of the Right Honourable Edward D'Evreux Viscount Hereford c. Descended to him from his Ancestor Sir Walter
afford excellent Fish and wild Fowl in great plenty A noted Place in former time for its wonderfull rich Abbey which continued in its glory till its Dissolution by King Henry VIII This County which formerly was Part of the Kingdom of Mercia and its Inhabitants Part of the Iceni as the Romans called them is now in the Diocese of Lincoln Out of it are elected besides the two Knights of the Shire but two Parliament Men and these out of Huntington Kent KENT in Latin Cantium so called as being seated in a Canton or Corner of the Kingdom is a large rich and pleasant Country â—â—ying between the Thames and the Narrow Seas So that it is invironed on all sides with the Sea except Westward where it borders both upon Surrey and Sussex It contains in Length from East to West 60 Miles in Breadth from North to South 30. The Whole divided into five Lathes called Sutton Aylesford Scray St. Augustine and Shepway Lathes and these into 67 Hundreds wherein 408 Parishes and 30 Market Towns Which is an Argument of its Populousness But the Air is neither so serene nor so healthful here as in other Counties especially near the Sea and Marshes which makes this Country so noted for its Kentish Agues Now that you may know in few words the Nature of this Country both as to its Air and Soil I shall bring in the Remark made upon it which is that there are 3 Ridges of Hills in Kent one called Health without Wealth the second Health and Wealth and the third Wealth without Health Others as to the Soil give this different Character of it The Weald for Wood East Kent for Corn Rumney for Meadow Tenham for an Orchard Shepey and Reculver for Wheat Thanet for Barley and Hedcorn for Capons In general this may be said of Kent that it is a Country very good for Corn and fit for Pasturage according to the several Plots and Parts thereof and wondrous full of fruitful and well-ordered Orchards from whence the City of London is supplied with most sorts of Fruit but chiefly with Pippins and Cherries which are counted the best in England On the Cliffs between Deal and Dover there grows a great store of Samphire The same is well watered with Rivers For besides the Thames that washes its North Parts here is the Medway which in a manner parts it in the middle the Stower that runs by Canterbury the Tun through Tunbridge and the Rother upon which Appledore is seated not to mention the lesser Streams Of all the Counties in England this was the first Kingdom of the Heptarchy and had a particular King to it self which no other County ever had Neither was it conquered by the Normans the Kentish Men yielding upon Articles and having their ancient Franchises and Customs confirmed to 'em by William the Conqueror One of which is the Cavelkind whereby they are not so bound by Copy-hold as in other Parts of England Lands of this nature being equally divided here among the male Children and for want of Males among the Females By the same Law they are at age at 15 years old and they may sell or make over the Land without the consent of the Lord. Also the Son tho of a convicted Father for Felony or Murder succeeds him in such Kind of Lands The Kentish Men besides have this to glory in that they were the first Christians of this Island And this is the only County at this time that has two Cities or Episcopal Sees namely Canterbury and Rochester Canterbury the chief Place of this County is 46 miles East of London Viz. from London to Dartford 12 to Rochester 11 more from thence to Sittingborn 10 and to Canterbury 13 more A City of great Antiquity if it was built as some Authors aver 900 years before Christ 'T is seated on the River Stower noted for breeding the best Trouts in the South East Parts of England and is counted in the Lath of S. Augustine The Buildings of it but mean and the Wall which encompasses it in a decayed condition The greatest Ornament of all is the Cathedral wherein ly interred the Bodies of eight Kings For this City had been the Seat of the Kings of Kent till given by Ethelbert the first Christian King of this Country to Augustine the first Archbishop thereof and his Successors Whereupon the King removed his Seat to Reculver a Town by the Sea-side In this Cathedral is also interred the Body of Thomas Becket once Archbishop hereof that famous Saint so reverenced by the Romanists In this City and its Suburbs are reckoned 14 Parish Churches besides a Meeting-place under the Cathedral for the Walloonâ— that dwell in this City who are very numerous and drive a considerable Trade of the Stuffs they make here It has two Markets a Week Wednesdays and Saturdays the latter of which is the most considerable But to the honour this City has had of being the Regal Seat of the first Kings of Kent and of being to this day the See of the Primate of England let us add the Coronation of King John and Queen Izabel his Wife the Marriages of Henry II. and Edward I and the Interments of Edward the black Prince King Henry the Fourth and Queen Joan his Wife all which was performed in this Place The other Market-Towns are Eltham Mund. Wrotham Tue. Lenham Tue. Westram Wedn. S. Mary Cray Wedn. Goldburst Wedn. Gravesend Wedn. Sat. Feversham Wedn. Sat. Dover Wedn. Sat. Sandwich Wedn. Sat. Wye Thu. Rumney Thu. Lyd Thu. Folkstone Thu. Maidstone Thu. Bromley Thu. Rochester Frid. Tunbridge Frid. Tenderden Frid. Woolwich Frid. Smarden Frid. Malinge Sat. Milton Sat. Cranbrook Sat. Hythe Sat. Ashford Sat. Sevenoke Sat. Dartford Sat. Appledore Among which Rockester requires the preeminence as a Bishops See and the second for Antiquity in all the Island It is seated upon the Medway over which it has a stately Stone-bridge one of the fairest in England It consists most of one principal Street which extends it self a long way the Houses being but ordinary as they are inhabited for the most part but by Trades-men and Inn-keepers Yet besides the Honour it has of being a Bishops See it is dignify'd with the Title of an Earldom in the Person of the Right Honourable Laurence Hyde Earl of Rochester Viscount Hyde c. Which Title was formerly enjoy'd by three Wilmots And before them there was a Viscount of this Place Sir Robert Carr being created Viscount of Rochester Anno 1611. and afterwards Earl of Somerset Adjoyning to this City is Chatham also seated on the Banks of Medway A long Thorough-fare Town well inhabited by Seamen and Shipwrights as being the principal Station of the Royal Navy and having a good Dock and Store-houses for the building and equipping of his Majesties Ships Maidstone is seated also on the Medway but near the head of it This is the Town where the County-Goal Sessions and Assizes are kept being conveniently seated for
this Town has been very much improved and beautified at their Charge and Industry Here is a Town-house erected upon Pillars and Arches of hewn Stone and underneath an Exchange for the Merchants Among its Antiquities a Castle on the South-side which commands the Pool built by King John during his stay here for a Wind to Ireland and on the West-side upon the River the Tower being a stately and strong Pile of Building Preston near to Leverpool is a fair large well inhabited and frequented Borough-Town Seated on the North-side of the Rible over which it has a very fair Stone-bridge In this Town are held the Court of Chancery and Offices of Justice for Lancaster as a County Palatine Not far from Preston aforesaid is a small Town from the River on which it is situate called Rible-Chester which has been esteemed and called the richest Town in Christendom No doubt but it has been a Place of great account in the Time of the Romans if we consider the many Statues pieces of Coin Altars Pillars Inscriptions and other Pieces of Antiquity that have been often digged up here Wigan is another Town of note in this Country Seated on the River Dowles and much inhabited by Braziers Pewterers Diers Weavers of Rugs Coverlets and Tackling for Bedding Of special note for the choicest Coal in England called Caunel but most of all for a burning Well not far from it Warington a good large Town is seated on the River Mersey over which there 's a fine Stone-bridge which leads to Cheshire Dignify'd of late with the Title of an Earldom in the person of the Right Honourable Henry Booth Earl of Warington and Baron De la Mere. Poulton Bury and Rochdale lie not far asunder the first on the Irwell and Rochdale on the River Rock in a Vale. Coln is situate on a little Hill near the Eastern Confines of the-County Blackborn near the Derwent Ormskirk not far from Merton Meer Kiâ—kham near the Mouth of the Rible Garstang near the Wire and Hornby on the Lon. This last noted for its Castle called Hornby-Castle the ancient Seat of the Lord Morley and Mounteagle Hawkshead is placed in a hilly and woody Country Clitheroe towards Pendle-hill Dalton in a Champain Country not far from the Sea and Vlverston commonly called Ouslon on a small Stream which empties it self not far off into the Sea or an Arm thereof near Lever-Sand Lastly this County formerly a Part of the Kingdom of Northumberland and its Inhabitants part of the Brigantes as the Romans called them is now in the Diocess of Lincoln It was made a County Palatine by King Edward the Third And out of it are elected besides the two Knights of the Shire 12 Members of Parliament Viz. two out of each of these Towns Lancaster Leverpool Preston Wigan Clitheroe and Newton Leicestershire LEICESTERSHIRE an Inland County is bounded on the East by the Counties of Lincoln and Rutland on the West by Warwickshire Northward by Derbyshire and Nottinghamshire and Southward by Northamptonshire It s Length from East to West is about 30 miles its Breadth from North to South about 25. The whole divided into six Hundreds wherein 192 Parishes and 12 Market-Towns The Air in this County is mild and wholsom and the Inhabitants accordingly are healthy and long-lived The Soil in the South-East parts especially is extream fertile for all sorts of Grain but chiefly Peas and Beans and has also rich Pastures feeding Cattel and Sheep in great Numbers whose Wool for its fineness is had in great esteem But the North-West part is generally barren and in some places rocky and stony About the Forest of Charwood where is Bardon-Hill is great store of Lime-Stone wherewith they manure their Ground For Fewel this Country is but thinly cloathed with Wood especially in the South-East Parts But this Defect is sufficiently supply'd by the great plenty of Pit-coal digged up in the North Parts Here are a great many small Rivers but none of any long Course besides the Stower and the Wreak Leicester the County Town bears from London North-North-West and is distant therefrom 78 miles thus Viz. from London to Northampton 54 for the particulars of which I refer you to Northamptonshire from Northampton to Harborough 12 and from thence to Leicester 12 more It is pleasantly seated in a good Air and rich Soil on the Banks of the Stower of old called Leir that washes its North and West Parts and over which it has two Bridges Once a Bishops See and in those Days beautified with a fair Collegiate Church a magnificent Abbey and a strong Castle all decay'd and ruined by the iniquity and injury of the Times As to the present State of it it is indifferent large containing 3 Parish Churches has several good Buildings and is well inhabited In short 't is in as good plight both for Trade and Buildings as most Towns are that want a navigable River And its Market which is on Saturdays is well served with Provisions and Country Commodities Noted besides for giving the Title of Earl to the Right Honourable Philip Sidney the present Earl of Leicester Derived to him from his Father Robert Son and Heir of Robert Sidney Viscount Lisle created Earl of Leicester and Baron of Penthurst by King James the first Anno 1618. Which Robert was descended of a Sister of Robert Dudley the last of many Earls of Leicester before him The other Market-Towns are Ashby Sat. Hinkley Mund. Mont-Sorel Mund. Melton-Mowbray Tue. Harborough Tue. Bosworth Wedn. Loughborow Thu. Waltham Thu. Hallaton Thu. Lutterworth Thu. Billesden Frid. Among which Ashby or Ashby de la Zouche is seated between two Parks on the Borders of Derbyshire In whose Neighbourhood is Cole Overton noted for its Pit-coals Hinkley stands on the Borders of Warwickshire beautified with a fair and large Church and a lofty Spire-Steeple Mont-Sorrel is seated on a great Eminency near the Stowr over which it has a Bridge Of some note formerly for its famous Castle that stood on a steep and craggy Hill but is long since demolished At Barrow near adjoyning is digged up excellent Lime much commended for its binding Melton-Mowbray is situate in a fertile Soil on the banks of the Wreak over which it has two Stone-bridges Harborough on the Borders of Northamptonshire and the banks of the Weland which parts the two Counties Bosworth is loftily seated on a Hill and in a fertile Soil Noted for the bloody Battle fought at Redmore near adjoyning betwixt Richard III. and his Successor Henry VII Which decided the long-depending Differences betwixt the Houses of York and Lancaster giving the Crown from Richard to Henry descended from the latter House Richard being slain in this Battle his Body was ignominiously cast cross a Horse's back naked and torn in pieces and meanly buried in the Grey-Friars of Leicester Which being afterwards destroy'd the Stone-Chest wherein the Corps lay serves now in an Inn for a drinking Trough for Horses Loughborow a good
New Buckenham ly not far from Thetford to the Eastward Diss and Harleston on the Waveney Watton Windham Hingham Swafham and East-Derham do not ly far asunder about the middle of the County Further to the Northward you will find Repeham Caston Fakenham Walsingham Holt Aleâ—ham Worsted North Walsham and Hickling this last in a Marsh-Ground not far from the Sea Downham is upon the Ouse over which it has a Bridge leading into Cambridgeshire Snetham North of Lyn is seated on a bivuler not far from the Sea Burnham-Market and Cromere are two Sea-Towns in the North Parts of the County Between which is Clay another Sea-Town on three sides incompassed with Waters and once a Market Town but now discontinued And near it Wayborn-hope a noted Place amongst Seamen as is Winterton Ness or Point in the East which is very coldly seated And yet it is observed that the Ground about Winterton is one of the richest and fattest in England Among the aforesaid Towns Walsingham was formerly renowned as for its Colledge of Canons so for the continual Concourse of Pilgrims to this Place Who came hither to pay their Superstitious Devotion to the Blessed Virgin at a Chappel near the two Wells called to this day the Virgin Mary's Wells It was also a Place of note for its good Saffron Near Burnham-Market within 2 Miles from it to the Westward is a small Country-Town called Brancaster the Ruins of an ancient Town known by the Name of Branodunum Seated near the Sea-shore and a Place of good account in the time of the Romans who kept here a Garrison Not far from Hickling in the North-East Parts is the ancient decay'd Abbey of St. Bennet's in the Holme built by the Danish King Canute An Abbey so fortified afterwards by its Monks with Walls and Bulwarks that it seemed rather a Castle than a Cloyster and yet was betrayed by a Monk to William the Conqueror The Bishop of Norwich retains to this Day the Title of Lord Abbot of St. Bennets And it is observable that hereabouts both Cockles and Perwinkles are digged out of the Ground Lastly this County which is the largest in England next to Yorkshire but much more populous was Part of the Kingdom of the East-Angles in the time of the Heptarchy and its Inhabitants part of the Iceni as the Romans called them It is observed of the People in this County that they are notably industrious for Plough and Manufactures insomuch that one shall hardly see a Beggar throughout all the Country And yet which one would wonder at they are notable Wranglers and generally so well versed in the Quirks of the Law that they create more work for the Assizes than almost all the Circuit else Accordingly Norfolk is the County which commonly yields the best Breed of Lawyers and has furnished the Courts of Justice with many an emiment Man in the Laws of England But a great Antiquary has made another material Observation That in this County are a hundred Families of ancient Gentry that never were attainted of high Treason Which if it be true the Gentry here have had better fortune than the Dukes Dutchesses and Earls of Norfolk His Grace Henry Howard the present Duke of Norfolk derives his Title from his noble Ancestor John-Lord Howard created Duke of Norfolk by King Edward IV. Anno 1483 and descended from the Lady Margaret Dutchess of Norfolk Daughter of Tho. de Brotherton Earl of Norfolk first Son of King Edward I. Out of this County are elected besides the two Knights of the Shire ten Members of Parliament Viz. Two out of each of these following Places Norwich Kings I yn Yarmouth Thetford and Castle-rising Northamptonshire NORTHAMPTONSHIRE an Inland County is bounded on the East with the Counties of Cambridge Huntington Bedford and Buckingham on the West with Rutland Leicestershire and Warwickshire Northward with the Counties of Lincoln Rutland and Leicester Southward with Buckinghamshire and Oxfordshire This County being long but narrow runs in Length from North to South ahout 50 miles and in Breadth from East to West but half The Whole divided into 20 Hundreds wherein 326 Parishes and 13 Market-Towns Here the Air is temperate and healthfull the Soil as rich either for Corn or Grass as in any Place in England And the Inhabitants find such a Profit here by Grazing and Tillage that they improve the Ground every where Insomuch that it is said there is less waste Ground in this County than in any other As for Rivers and other fresh Streams 't is as well watered as most Counties are It s principal Rivers are the Nen and the Weland both having their Rise here besides the Ouse which rises in the South Parts near Bucking hamshire A further Proof of the excellency of this County might be fetched from its Populousness For it is so garnished with Towns that in many Places 20 or 30 Steeples present themselves at one view And considering its Extent 't is said to be honoured with the Seats of as many if not more of the Nobility and Gentry as any County in the Kingdom Northampton the chief Place hereof ly's North-West from London and by common Computation is distant from it 54 miles thus From London to Barnet 10 thence to St. Allans 10 and to Dunstable 10 more from Dunstable to Stony Stratford 20 and to Northampton 10 more A Town pleasantly seated on the Banks of the River Nen where it meets with two Rivulets one from the North the other from the South And though it has suffered much by the sore hand of the Dane and other Calamities and of late particularly by the dreadfull Fire which buried it all in Ashes in September 1675 yet it has raised it self again more glorious than before So that for Circuit and Beauty it may at this time be ranked with many Cities Fortified heretofore with good Walls and a strong Castle and seated in so good an Air that once the Students of Cambridge had a mind to remove their University hither Here the Inhabitants drive a considerable Trade especially of Leather and its Market which is on Saturdays is well served with Provisions This Town is the Place where the County-Goal and the Assizes are kept Of special note for giving the Title of Earl to the Right Honourable George Compton the present Earl of Northampton Devolved to him from his noble Ancestor William Lord Compton and Lord President of Wales Created Earl of Northampton by King James I. Anno 1618. The other Market-Towns are Peterborough Sat. Oundle Sat. Higham-Ferrers Sat. Rothwell Mund. Thrapston Tue. Towcester Tue. King's Cliff Tue. Wellingborow Wed. Braâ—kley Wed. Daventry Wed. Kettering Frid. Bodkingham Among which Peterborough is seated in a Nook or Angle of the County bordering upon Cambridgeshire and Huntingtonshire where formerly had been a Gulf or Whirlpool of an exceeding depth 'T is seated on the River Nen over which it has a Bridge leading into Huntingtonshire A Town of no great account but for being a
Dose the jealous Queen forced upon her Whereupon she was interred at a Nunnery called Godstow not far from this Town with this Latin Epitaph Hà c jacet in Tumbâ Rosa Mundi non Rosa munda Non redolet sed olet quae redolere solet Tame so called from the River of that Name which with its Branches does almost incompass it is a pretty large Town having one spacious Street and in the midst of it the Market-Place Over the River is a Bridge which leads to Buckinghamshire so near this Town is seated to its Borders Here is a famous Free School with a small Hospital founded by the Lord Williams of Tame and its Market is eminent chiefly for the buying of Cattle which makes it much frequented by Grasiers and Butchers from London and other Parts Bampton near the Isis is a large Town within a larger Parish having several Places besides belonging to it It has a Chappel of Ease to which belong 3 Vicars with a liberal Maintenance Banbury for wealth and beauty the second Town in this County is seated in a Flat on the River Cherwell Memorable for a great Battle sought near it between the two Houses of York and Lancaster which proved so favourable to the Lancastrians that Edward the Pretender to the Crown was taken Prisoner in it This Town also has been dignify'd with the Title of an Earldom first in the person of William Lord Knolles created Earl of Banbury Anno 1626 and continued in his Son Nicholas the late Earl of Banbury Lastly in this Town is made a delicate sort of Cheese which has added something to its Fame Henley stands upon the Thames over which it has a fair Bridge 'T is a large Town Corporate driving a great Trade of Malt. And its Market is so considerable for Corn and Barley especially that there is often sold in one day about 300 Cart-load of Barley for the Malt-Trade of it The Barge-Men besides of Henley which make up a good Part of its Inhabitants gain a good Livelyhood by transporting of Malt Wood and other Goods to London From whence they bring in return such Commodities as they and the Inhabitants of the neighbouring Towns stand in need of Witney seated on the Banks of the River Windrush and not far from Burford is a large stragling Town Most of whose Inhabitants get a Livelihood by spinning and carding for Blankets and Rugs whereof the Clothiers here drive a good Trade Here is a Free School for the Education of Youth with a fine Library Not far from this Town and near Enisham is a Monument of huge and unwrought Stone called Roll-rich-Stones set in a circular Compass not unlike those of Stonehinge and supposed to be there erected in memory of some great Victory In this Tract of Ground is a Forest of a large extent called Whitwood-Forest At the Confluence of the Thame and Isis stands Dorcester Which indeed is no Market-Town but as it is seated on the Road is well frequented and accommodated with Inns. A Town formerly of more note than now it is when Berinus Apostle of the West Saxons had his Episcopal See here which was afterwards removed to Lincoln However it is graced to this day with a very large and fair Church To conclude Oxfordshire now in the Diocese of Oxford was Part of the ancient Kingdom of Mercia And its Inhabitants together with those of Glocestershire were known a mong the old Romans by the Name of Dobuni Out of it are elected besides the two Knights of the Shire eight Members to sit in Parliament Viz. 2 by the Vniversity and 2 by the City of Oxford 2 by Banbury and 2 more by Woodstock Rutland RVTLAND another Inland County and the smallest in England is bounded East and North by Lincolnshire Westward by Leicestershire and Southward by Northamptonshire from which it is severed by the River Weland It contains in Length from North to South 12 miles in Breadth from East to West but 〈◊〉 The Whole divided into five Hundreds wherein 48 Parishes and but 2 Market-Towns As little as this County is yet for quality it yields to none of the best either as to Air or Soil As for the Air it is temperate wholesom and not subject to Fogs The Soil exceeding good either for Corn or Pasture especially about the Vale of Catmoss For besides its plenty of Corn it feeds great Herds of Cattle and Flocks of Sheep whose Wool participates of the Colour of the Earth which is reddish 'T is also well cloathed with Wood. and watered with fresh Streams the chief among which are the Weland and the Wash Lastly this little County has more Parks considering its Extent than any other County in England Okeham the chief Place hereof bears from London North North-West and is distant therefrom 74 Miles thus From London to Bedford 40 for which see Bedfordshire from Bedford to Wellingbury 12 and to Kettering 5 more thence to Vppingham 12 and to Okeham 5 more Called Okeham as some would have it from the plenty of Oaks that grow in its Neighbourhood and seated in a rich and pleasant Valley called the Vale of Catmoss Its Buidings are indifferent good especially the Church the Free-School and the Hospital The Castle where the Assizes are held is a Place of more antiquity than beauty And its Market which is on Saturdays is indifferently well served with Provisions This Town has an ancient Priviledge belonging to its Royalty which is if any Noble-man enter within its Precinct on Horseback he forfeits a Shoe from his Horse unless he redeem it by Mony Which Homage has been acknowledged by several of â—he Nobility that have passed this Way as is evidenced by many Horse-Shoes nailed upon the Shire-Hall Door In which Hall over the Judges Seat is a Horse-Shoe of Iron curiously wrought 5 foot and a half long with a breadth proportionable Vppingham the other Market-Town seated on an Eminence is a pretty compacted and well-built Town having the Accommation of a Free School and an Hospital It s Market kept on Wednesdays is counted better than that of Okeham In short this County which formerly was Part of the Kingdom of Mercia and its Inhabitants Part of the Coritani as the Romans called them is now in the Diocese of Peterborough It is dignify'd with the Title of an Earldom now in the person of the Right Honourable John Mannors Earl of Rutland and Baron Ross c. Derived to him from his Ancestor Tho. Mannors created Earl of Rutland by King Henry VIII in the Year 1325 and descended by the Lady Ann his Mother from Richard second Son of Edmund of Langley Duke of York Out of this County are only elected the two Knights of the Shire to serve in Parliament CHAP. XIV Of Shropshire Somersetshire and Staffordshire Shropshire SHROPSHIRE or Salop an Inland County is bounded on the East with Staffordshire on the West with the Welch Counties of Denbigh and Montgomery on the North with Cheshire and on
the South with Herefordshire It s Length from North to South is about 35 miles its Breadth from East to West 26. The Whole divided into fifteen Hundreds wherein 170 Parishes and 15 Market-Towns Here the Air is counted very wholesom and the Soil as fruitfull both for Corn and Pasture T is well cloathed with Wood and in the Bowels of the Earth are Mines of Iron and Pitcoal in great plenty But towards the West and South Parts the Country is very hilly and mountainous As for fresh Streams no County is better watered than this For besides the Severn which in its crooked and winding Course cuts the Shire in the midst here are the Roden the Terne Clum Rea and Teme In all which are plenty of fresh-Water Fish And as this County is inferiour to none about it either for delight or penty So for the Number of Towns and Castles standing exceeding thick on every side as having formerly been a Frontier-County towards Wales it is far above ' em Shrewsbury the chief Place hereof bears from London North-West and by West and is distant therefrom 124 miles thus Viz. From London to St. Albans 20 and to Dunstable 10 more thence to Stony-Stratford 14 to Towcester 6 and to Daventry 10 more from thence to Covenrry 14 and to Bermingham 14 more then to Dudley 8 to Bridgenorth 12 more from Bridgenorth to Wenlock 6 and from thence to Shrewsbury 10. 'T is seated in the very midst or Center as it were of the County on a pleasant Ascent and on the Banks of the Severn not far from the Place where stood Vriconium out of whose Ruins 't is said to be raised The Severn do's almost incompass it round and that Part of it which is not fenced with it is fortified with a strong Castle built by Roger de Montgomery the first Earl hereof A Town which for neatness of Buildings both publick and private for variety and fineness of Streets for extent and populousness yields to few Cities in England It contains five Parish-Churches two of which viz. St. Marie's and St. Alchmond's are fair Structures and beautify'd with lofty Spires And here are still to be seen the Remains of a stately Abbey founded by the foresaid Earl of Montgomery Besides the natural Strength of this Place it is fenced about with a strong Wall with a Bulwark ranging from the Castle unto and part along the Severn On the East and West there are three Entrances into the Town by two fair Stone-bridges with Gates Towers and Bars and on the North by a Gate over which stands the Castle once exceeding strong Remarkable besides for giving the Title of Earl to the Right Honourable Charles Talbot the present Earl of Shrewsbury In short 't is a well-traded and frequented Town by all sorts of people both English and Welch whose frequent Intercourse brought them to speak both Speeches The principal Trade they drive here is in Cloths Frizes Welch Cottons and some other Commodities this being the common Mart or Empory between England and Wales And here are Weekly 3 Markets Viz. On Wednesdays for Provisions on Thursdays for Welch Cottons c. here sold in great abundance and thence sent to London on Saturdays for all sorts of Provisions The other Market-Towns are Bridgenorth Sat. Newport Sat. Ludlow Mund. Great Wenlock Mund. Oswestree Mund. Ellismeer Tue. Shipton Tue. Drayton Wedn. Wem Thu. Wellington Thu. Stretton Thu. Whitechurch Frid. Bishops Castle Frid. Clebury Among which Ludlow seated in the South Parts of the County upon the Banks of the Teme is the most considerable The Town is large and populous beautified with many fair Edifices It is also defended by a Wall and a Castle both built by Earl Roger of Montgomery But it is of chief note for being the Place where the Court for the Marshes of Wales were kept first ordained by King Henry VIII for the Trial of Causes but suppressed in the late Session of Parliament Bridgenorth or the Borough of Bruges is situate upon the Severn over which there 's a fair Stone-bridge 'T is a good large Town divided into two Parts the one called the Upper the other the Lower Town containing two Parish Churches In former time fortified with Walls a Ditch and a stately Castle seated on a Rock now decay'd Drayton on the River Terne where it severs this County from Staffordshire is a Place of some note for a Battel there fought betwixt the Houses of York and Lancaster Newport lies South of Drayton on a Plain or Flat adjoyning to Staffordshire Great Wenlock in the Road from Worcester to Shrewsbury Bishops Castle in the South Parts not far from the River Clun Wem on the Roden in the North Parts of the County noted for the Title of Baron it lately gave to the Lord Chancellour Jeffreys Oswestree and Ellismore near the Borders of Wales Whitechurch on the Confines of the County near Cheshire At Wenlock in the Time of Richard the Second was found a rich Copper Mine And at Pitchford in this County is a Well or Spring in a private Man's Yard wherein flow's a thick Scum of liquid Bitumen which being cleared and taken off one day will have the like upon it again the next Alderbury though no Market-Town is famed for being the Birth-place of old Thomas Parre who lived to a great Age and about two years before he died was brought up to London to King Charles I. Where he died and lies buried in Westminster Abbey He was born Anno 1483 died in the Year 1635 lived 152 Years and saw ten â—eigns Lastly this County which formerly was Part of the Kingdom of Mercia and its Inhabitants part of the Cornavii as the Romans called them stands now divided betwixt the Dioceses of Lichfield and Hereford Out of it are elected besides the two Knights of the Shire ten Members of Parliament Viz. two out of each of these following Towns Shrewsbury Ludlow Great Wenlock Bridgenorth and Bishops-Castle Somersetshire SOMERSETSHIRE a large Maritime County in the West of England is so called from Somerton once the most famous and most considerable Town in all the County and now but a small Market-Town of little or no credit 'T is bounded on the East by Wiltshire and part of Devonshire on the West by Devonshire Northward by the Severn Sea and part of Glocestershire Southward by the Counties of Devon and Dorset It s Length from East to West is about 55 miles its Breadth from North to South 40. The Whole divided into 42 Hundreds wherein 385 Parishes and 30 Market-Towns The Air of this County in the Summer Season is very agreeable but in Winter-time 't is apt to be too moist and foggy Accordingly the Soil in Winter is wet miry and moorish especially in the midst of the Country which makes the Roads very uneasy to Travellers But in Summer there is no pleasanter Country being garnished as it is with rich Pastures and delightful Meadows Which has given occasion to an usual Proverb here
it gave it out that the Body of Joseph of Arimathea lay there Interred Certain it is that this was a Shelter to the Britains in the latter Times of the British Churches when they were miserably harassed and persecuted by the Pagan Saxons And it might be as Dr. Stillingfleet says of far greater request among the Britains because it was the Place where King Arthur was buried Whose Body was found there very deep in the Earth in the Reign of Henry II with a Latine Inscription on a leaden Cross expressing that King Arthur lay there buried in the Island of Avalon And his Body was laid so deep for fear of the Saxons this being a Place of Retreat in the British Times but not without the apprehension of their Enemies Invasion Axebridge is so called from the River Axe on which it is situate Pensford and Canesham ly North and by East from Axebridge both seated on the Chire and the last at its very fall into the Avon near Bristol Philip-Norton and Froumselwood stand near the Froume on the Confines of Wiltshire Shepton-Malles and Somerton ly South and by West from 'em both pretty large but poor Towns Whereas Somerton as I said before was once a Place of such note that the Shire took its Name from it Ilchester so called from the River Ill or Yeovel upon which it is seated is a Town of great Antiquity and was once a Place of good Strength Then it had 16 Parish Churches now reduced to two However this is the Place where the County-Goal is kept Evil or Yeovel stands upon the same River and grows by the decay of of its Neighbour Ilchester Winâ—aunton stands on the side of a Hill in the Road to London and is a good Market-Town for Cheese especially Minehead Watchet and Dunster ly all three by the Sea-side But the first has the best Harbour and is a Place of some Trade especially into Ireland West from which towards Devonshire stands another Sea-Town called Porlock noted for its Bay or Harbour sometimes resorted unto by Seamen in those Parts But to conclude this County in general is noted for two Things besides the fore-mentioned The first for giving the Title of Duke to his Grace Charles Seymour the present Duke of Somerset Marquess of Hartford c. Descended from Edward Seymour Duke of Somerset and Lord Protector of King Edward the Sixth who was beheaded Anno 1552. But upon the Restauration of King Charles the Second the Title was restored to the Line in the person of William Seymour the great Grandchild of the foresaid Duke from whom it is now devolved to the present Duke Brother to Francis who was killed in Italy 'T is remarkable besides that this County was few Years since the Scene which brought the late Duke of Monmouth with many of his Followers to their tragical End and gave an Opportunity to the Popish Party by the uncontroulable Authority of the late King James to hurry on their Design of Intailing Popery and Slavery upon these Nations Which was wonderfully defeated under God by the Magnanimity of our present King Lastly this County which formerly was Part of the Kingdom of the West-Saxons and its Inhabitants Part of the Belgae in the Time of the Romans is now in the Diocese of Baâ—h and Wells Out of it are elected besides the two Knights of the Shire 16 Members of Parliament Viz. Two out of each of these following Places Bristol Bath Wells Taunton Bridgewater Minehead Ilchester and Milburn Port. Which last stands on the Confines of Dorsetshire In the South Parts of this County is a sharp Hill called Montacute which gives the Title of Viscount to the Right-Honourable Francis Brown the present Viscount Montacute Derived to him from Anthony Brown created Viscount Montacute in the Reign of Queen Mary Anno 1354 being descended from the Lady Lucy Daughter of John Nevil Grandchild of Tho. Montacute Earl of Salisbury who was created Lord Montacute and afterwards Marquess Montacute by King Edward the fourth Staffordshire STAFFORDSHIRE an Inland County is bounded Eastward by Derbyshire and part of Warwickshire parted from the first for the most part by the River Dove Westward by Cheshire and Shropshire Northward by Cheshire and part of Derbyshire and Southward by Worcestershire It s Length from North to South is at least 40 miles its Breadth from East to West about 25. The whole divided into five Hundreds where in 130 Parishes and 18 Market-Towns The Air is counted here pretty good and healthfull but it is somewhat sharp in Winter As for the Soil 't is true the greatest Part of the Country is taken up with Moors and Woods insomuch that one may go the whole length of the County and see little but Heaths and Moors But they are such as yield both profit and pleasure Profit by breeding Multitudes of Sheep Deer and Conies and many of 'em by the Husbandmans Industry yielding very good Corn. Pleasure for they afford the greatest plenty of Heath-Game of any County in the Kingdom either by Hawking or Hunting And so great was formerly the Number of Parks and Warrens in this Shire that there was scarce any Gentlemans Seat in the County but what had both Park and Warrens The chief Forests are those of Cank and Kinvare and among Chases those of Needwood Peasey and Alderwas Hay In short the North Part of this Country is full of Hills and Woods the South stored with Coals and Mines of Iron and the middle Part being watered with the River Trent adorned with fair Corn-fields and Meadows And yet in the North-Parts the Pastures near the River Dove yield the sweetest and fattest Mutton in England For Manuring the Ground here 's plenty both of Lime and Marl. For Building abundance of Timber and Stone which last for its fineness and durableness is held in good esteem A sort of Plaister is made of the Lime which soon after it is laid grows as white as Snow and as hard as a Stone Here is also a good deal of Alabaster and in some Places salt Springs yielding plenty of white Salt not much inferiour to the best Salt in Cheshire The Hills of most note are Mowcop-hill in the Confines of Cheshire where Mill-stones are got Dudley-hill which affords a fine Prospect the Shaw which overlooks the Counties of Darby and Leicester and the Wever With Rivers Springs and Brooks no County in England is better watered than this Besides the Trent here is the Dove the Churnet the Blithe the Line the Tean the Sowe the Penk the Manifold and several others some emptying themselves into the Dove as this dees into the Trent and all of them stored with most sorts of fresh-water Fish The Trent of special note for its Pikes Pearches Fels and Graylings the Dove for its Trouts and the Blithe for Eels And over all these Rivers are reckoned at least 24 Stone-bridges But as the Gentry here are not so curious in their private Buildings as they be in other
the Prince of Orange's Forces coming this way from the West Which two days after was followed by his Desertion of that Place and soon after by the Desertion of the Crown and Government Moreover this City has been for several Ages honoured with the Title of an Earldom 1. in the persons of Patrick and William D'Evreux successively 2. In two Williams surnamed Long-Espèe the first a base Son of King Henry II. by Rosamond 3. In two Nevils both Richards by their Christen-names 4. In the person of George Duke of Clarence who married Isabel Daughter of Richard Earl of Warwick 5. In Edward eldest Son of King Richard III. 6. In Margaret Daughter of George Duke of Clarence created Countess of Salisbury by King Henry VIII And lastly in the Family that now injoy's it the first being Robert Cecil Lord of Essendine and Viscount Cranborn created Earl of Salisbury by King James I. Anno 1605. From whom is descended the present Earl James Cecil Lastly this City is a Place well inhabited and frequented injoying a good Trade And its Markets on Tuesdays and Saturdays are very considerable for all sorts of Provisions The other Market-Towns are Marlborough Sat. Malmsbuâ—y Sat. Chippenham Sat. Werminster Sat. Troubridge Sat. Cricklade Sat. Bradford Mund. Swindon Mund. Calne Tue. Auburn Tue. Lavington Wedn. Wilton Wedn. Highworth Wedn. Devizes Thu. Hindon Thu. Wooten-Basset Thu. Downton Frid. Amersbury Frid. Westbury Frid. Mere Marmister Among which Marlborough or Marleburgh is next to Salisbury the most considerable Town in this County The Town called anciently Cunetio in Antonine's Itinerarium as the River Kennet was upon which it stands but by the Normans in whose Time this Town revived out of the Ruins of the old it was named Marleburgh as being seated in a chalky Soil which in some Places is still called by the name of Marl. A Town stretched out from East to West upon the ascent of a Hill watered by the Kennet not far from the head of it and having the conveniency both of a Forest and Chase in its Neighbourhood the first called Savernake-Forest and the other Aldburn Chase It had once a Castle belonging unto John surnamed Sans Terre who afterwards was King of England The Castle still famous in our Law-Books for a Parliament there held in the Reign of King Henry III. in which were made the Statutes from hence called of Marleburgh for the suppressing of Tumults But King Charles 1. at this Coronation made it yet more notable in making it the Honour as it was the Neighbour of James Lord Ley Lord Treasurer created by that King Earl of Marlbourough Anno 1625. Which Title continued in three Persons more of his Name and Family and since the late Revolution was conferred by our present King upon the Right Honourable John Churchill the present Earl of Marlborough This Town has suffered very much by the frequent Misfortune of Fire under which it groans to this day Near unto this Place is a Village called Rockley from divers Stones like Rocks pitcht up on end Among which there sometimes breaks forth a violent Stream of Water called Hungersbourn by the Country-people by whom 't is reputed as the fore-runner of a Dearth Malmesbury another good Town stands in the North-West Parts of the County pleasantly seated on a Hill near the Spring of the River Avon over which it has six Bridges being almost incircled with that River Chippenham and Bradford are also seated on the Avon and Troubridge near it Amersbury or Ambresbury commonly pronounced Ambsbury on the other Avon near the Stone-henge and but 6 miles North of Salisbury Upon which River near the Confines of Hampshire you will find also the Town called Downton or Duncton Calne is situate on a River so called which runs from East to West into the Bristol Avon This Town is noted for the Provincial Synod held here in the Year 977 to determine the hot Disputes in those Times between the Monks and the Priests concerning Celibacy But whilst they were debating the Matter in hand the Convocation-house suddenly fell down by which Fall several were slain and many cruelly wounded Wilton is seated between two Rivers the Willy Northward and the Nadder Southward From the first it took its Denomination as the whole County from Wilton Once the chief Town thereof and a Bishops See honoured with the Residence of nine several Bishops But by translating the See to Salisbury and carrying thither withall the Thorough-fare into the West-Country which before was here it fell by little and little to decay So that it is at present but a mean Town Yet still a Borough-Town the Place where the Knights of the Shire are chosen and where the Sheriff keeps his monthly County-Courts Werminster of old Verlucio a Town in former Time of very good account is seated at the Springs of the River Willy otherwise called Willybourn Westbury and Devizes are two Borough-Towns that is such Towns as fend Burgesses to Parliament The first situate on the Broke a small River that falls into the Avon Devizes at the very head of another Stream bearing the Name of the Town which likewise do's empty it self into the Avon I pass by the rest as Inconsiderable to take notice of Clarendon a fine spacious Park lying near to and Eastward of Salisbury 'T is seated upon a Hill on which stand twenty Groves severally inclosed and each a mile in compass Adorned in Times past with a Royal House which in process of time is falnto ruin But more remarkable for that in the Reign of Henry the Second Anno 1164 here was made a certain Recognition and Record of the Customs and Liberties of the Kings of England before the Prelates and Peers of the Kingdom for the avoiding Dissentions between the Clergy the Judges and Barons of the Râ—â—lm Which Act was called The Constitutions of Clarendon whereof so many as the Pope approved have been set down in the Tomes of the Councils and the rest omitted But that which has added more lustre to Clarendon is its being Dignify'd with the Title of an Earldom first in the person of Edward Hyde sometime Lord Chancellour of England who was created Viscount Cornbury in Oxfordshire and Earl of Clarendon by King Charles II Anno 1661. Upon whose Death at Rouen in Normandy Dec. 19th 1674 he was succeeded in his Title by his eldest Son Henry Hyde the present Earl of Clarendon To conclude this County which formerly was Part of the Kingdom of the West-Saxons and its Inhabitants part of the Belgae as the Romans called them is now in the Diocese of Salisbury Out of it are chosen besides the two Knights of the Shire no less than 32 Members to fit in Parliament Viz. two out of each of these following Towns New Sarum or Salisbury Wilton Downton Hindon Westbury Heytesbury Calne the Devizes Chippen ham Malmesbury Cricklade Great Bedwin Lurgershal Old Sarum Wootton Basset and Marlborough But we must not omit the famous Caves that ly in
the edge of this Shire between Luckington and great Badminton They are about nine in Number all lying in a Row but of different Dimensions The Manner of them is two long Stones set upon the sides and broad Stones on the top to cover them The least of these Caves is 4 foot broad and some of them 9 or 10 foot long They are credibly thought not 〈◊〉 be Gyants Caves as the Country-people give it out but rather the Tombs of some heroick Men among the ancient Romans Saxons or Danes And that which makes it so much the more probable is that Spurs and pieces of Armour c. have been found there not long since by those who digged into them Lastly this County has given the Title of an Earl to several Families which now belongs to his Grace Charles Pawlet Duke of Bolton Marquess of Winchester Earl of Wiltshire and Baron S. John of Basing All which Titles except that of Duke devolved to him from his Ancestor William Pawlet Created Earl of Wiltshire and afterward Marquess of Winchester by King Edward VI. And that of Duke was lately conferred upon him by his present Majesty CHAP. XVII Of Worcestershire and Yorkshire Worcestershire WORCESTERSHIRE an Inland County is bounded on the East by Warwickshire and part of Glocestershire on the West by Herefordshire and part of Shropshire on the North by Staffordshire and on the South by Glocestershire It contains in Length from North to South about 35 miles in Breadth from East to West about 25. The Whole divided into seven Hundreds wherein 152 Parishes and 11 Market-Towns A County of an Air so temperate and a Soil so fortunate that it gives place to none about it either for health or plenty Abundant certainly it is in all sorts of Fruits this Climate can afford Pears and Cherries especially insomuch that here is made abundance of Perry Here are also many Salt-pits called Wiches which yield excellent Salt and such as for whiteness and hardness imitateth Loaf-Sugar 'T is true this County is pretty full of Hills but such Hills as are not barren yielding plenty of Wood and store of Pasturage whilst the Valleys on the other side feed abundance of Cattle and bear good Crops of Corn. Through these Valleys run so many Rivers that few Counties are better watered with fresh Streams Here we meet again that noble River the Severn which runs quite through the Country from North to South and affords here great store of fresh-Water Lampreys Besides the Avon the Team the Salwarp c. which run into the Severn and yield abundance of Fish Worcester the chief Place hereof and from whence the County is denominated bears from London West-North-West and is distant therefrom near upon 90 miles thus From London to Oxford 47 miles as you may see afterwards in my Description of Oxford from thence to Chipping-Norton 12 and to Campden 12 more thence to Pershore 10 and to Worcester 6 more Pleasantly seated on the East Bank of the Severn over which it has a fair Stone-Bridge with a Tower upon it and thence arising with a gentle ascent affords to the upper Parts a very goodly Prospect in the Vale beneath A City every way considerable for Situation neat Buildings Number of Churches and Wealth of the Inhabitants by reason of their Cloth-Trade which does here flourish very much This City called by Antonine and Ptolomy Branonium and by the Romans Vigornia is said to have been first built by the Romans the better to secure themselves from the Britains beyond the Severn But in the time of King Canute it suftered much from the Danes and afterwards by frequent Conflagrations which laid it almost waste and despairing of a Recovery Yet it rose at last out of its Ashes and by degrees so improved as to contain at present nine Parish-Churches besides the Cathedral This is a stately Structure in whose Quire are the Monuments of King John in white Marble and of Arthur Prince of Wales and Son to Henry VII in blak Jeat The Castle I shall say nothing of as having nothing left of it but the Name and Ruins But Worcester is particularly memorable for the Battel fought there Sept. 3. 1651. betwixt the late King Charles and the Parliament Forces wherein the King's Army was totally defeated So that he was fain to shift for himself and to wander six Weeks in Disguise about the Country till he was at laft transported from a Creek near Shoram in Sussex to Feccam near Havre de Grace in France Lastly this City has a long time given the Title of Earl and at last that of Marquess to the Family of the Somersets extracted by the Beauforts from John of Gaunt For Charles Somerset who was created Earl of Worcester by King Henry VIII was base Son of Henry Beaufort the 8th Duke of Somerset beheaded in Edward the fourth's Reign Lastly this City keeps 3 Markets a Week viz. Wednesdays Fridays and Saturdays The other Market-Towns are Bewdley Sat. Evesham Mund. Pershore Tue. Bromes-grove Tue. Tenbury Tue. Vpton Thu. Kidderminster Thu. Sturbridge Frid. Shipton Frid. Droitwich Frid. Among which Bewdley and Vpton stand upon the Severn the first in the North the other in the South Parts of this County Bewdley near the Forest of Wire was in former time a Place of great delight and of good account in the Reign of Henry VII where he built a retiring House for Prince Arthur and called it Ticken-Hall The Town at present is neat and well-built and injoys a good Trade for Barley Malt Caps and Leather Vpton is also a well-built Town and was of great account in the time of the Romans Not far from which are the Malvern-Hills and opposite to 'em Eastwards the Bredon-Hills Evesham or Evesholm and Pershore are both seated on the Avon over which they have each a Bridge The first esteemed the best Town in the County next to Worcester containing two or three Parish-Churches and driving a good Trade of Stockings especially The other a great Thorough-fare betwixt London and Worcester but somewhat decayed in its Trade since the Dissolution of its ancient Abbey Droitwich and Bromes-grove are both situate on the Banks of the Salwarp The first noted for its Salt-pits and the last for its Clothing Trade Not far from Droitwich is Fakenham-Forest and Norton-Wood which stand commodious for the Salt-Works to supply them with Wood for the boyling the brine in their Coppers Sturbridge and Kidderminster two goodly Towns stand both on the River Stower over which they have each a Bridge The first is situate on a Flat and has the accommodation of a Free-Shool with a Library Kidderminster is well inhabited much traded unto for its Stuffs and beautify'd with a very fair Church As for Tenbury and Shipton the first stands on the very edge of Shropshire upon the Banks of the River Tent. And Shipton upon Stower in a slip of the County taken off from Warwickshire To conclude this Connty now in the Diocese of Worcester
absence to do whatever almost the Chancellour might do if he were present He keeps Judicial Courts wholly ruled by the Civil Law which all Members of the University are subject to And by Charter of Henry IV it is left to his Choice whether any Member in the University there inhabiting accused for Felony or High Treason shall be tried by the Laws of the Land or by the Laws and Customs of the University Though now where Life or Limb is concerned the Criminal is left to be tried by the Laws of the Land But in all Suits for Debts Accounts Contracts Injuries c. betwixt the Students he is the proper Judge and has Power to determine such Causes to Imprison to give corporal Punishment to excommunicate to suspend and to banish 'T is the Vice-Chancellor's Business to see that Sermons Lectures Disputations and other Exercises be performed that lewd people Hereticks c. be expelled the University and the Converse with Students that the Proctors and other Officers of the University duly perform their Duty that Courts be duly called and Law-Suits determined without delay In a word that whatever is for the Honour and Benefit of the University or may conduce to the Advancement of good Literature may be carefully obtained Next to the Vice-Chancellor are the two Proctors yearly chosen by turns out of the several Colledges These are to assist in the Government of the University more particularly in the business of Scholastick Exercises and taking Degrees in searching after and punishing all Violaters of Statutes or Priviledges of the University all Night-Walkers c. They have also the Oversight of Weights and Measures that Students may not be wronged Next in order is the Publick Orator Whose Charge is to write Letters according to the Orders of the Convocation or Congregation and at the Reception of any Prince or great Person that comes to see the University to make proper Harangues c. Then there is the Custos Archivorum or Keeper of Records Whose Duty is to collect and keep the Charters Priviledges and Records that concern the University to be always ready to produce them before the chief Officers and to plead the Rights and Priviledges of the University Lastly there is a Register of the Univerfity whose Office is to register all Transactions in Convocations Congregations Delegacies c. Besides the foresaid Officers there are certain publick Servants the chief whereof are the six Beadles and the Verger Three of the first are called Squire Beadles who carry large Maces of Silver gilt and the other three Yeomen Beadles whose Maces are of Silver but ungilt Their Office is always to wait on the Vice-Chancellor in publick doing what belongs to his Place and at his Command to seize any Delinquent and carry him to Prison to summon and publish the Calling of Courts or Convocations to conduct Preachers to Church and Lecturers to School c. But upon Solemnities the Verger appears with a Silver Rod in his hand and walking with the other six before the Vice-Chancellor is to observe his Commands and to wait on Grand Compounders c. I have already mentioned several great Priviledges granted by former Kings to this University That of sending two Burgesses to Parliament they hold from King James I. Another that no Victuals be taken by the King's Purveyors within 5 miles of Oxford unless the King himself comes thither is of a much more ancient Date But one of the most considerable is That granted by Charter of King Edward III whereby the Mayor of Oxford is to obey the Orders of the Vice-Chancellor and be in subjection to him Accordingly the Mayor with the chief Burgesses in Oxford and the High-Sheriff of Oxfordshire besides every Year in a solemn manner take an Oath given by the Vice-Chancellor to observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every Year on the tenth of February being the Day of S. Scholastica a certain Number of the principal Burgesses publickly and solemnly do pay to each Colledge a Peny in token of their Submission to the Orders and Rights of the University Thus you have a short Description of Oxford as a City and an University My next Business is the Description of Cambridge Cambridge CAMBRIDGE the chief Town of Cambridgeshire and that from whence the Country is denominated bears from London North by East and is distant therefrom 44 miles thus From London to Waltham 12 to Ware 8 more thence to Puckeridge 5 to Barkway 7 and to Cambridge 12 more 'T is seated at the Confluence of two Rivers the Cam and the Grant which running from thence Northward in one Channel empty themselves in the Ouse 3 miles above Ely By these Rivers it is separated into two but unequal Parts but they have Communication by a Bridge It is a Place of a large Extent numbering 14 Parishes And according to Doctor Fuller's Observation in his Worthies of England 't is a Town within an University whereas Oxford is an University within a Town For in Cambridge the Colledges are not so surrounded with Streets as in Oxford but for the generality seated in the Skirts of the Town which afford them the better and more delightfull Walks and Gardens about them There are in Oxford as I said before 18 Indowed Colledges and 7 Halls In Cambridge there is but 12 Colledges and 4 Halls 'T is true they are all Indowed and generally so large that the Number of Students is commonly little different from that of Oxford The Names of them and of their Founders together with the Time of their Foundation you have in the following Table Colled Halls Founded by Anno. S. Peter's Colledge Hugh de Balsham Bishop of Ely 1284 Clare-Hall Rich. Badow Chanc. of the University 1326 Pembroke-Hall Mary S. Paul 1343 Gonvile Cajus Edmund de Gonvile and Cajus 1348 Trinity-Had Wil. Bateman Bishop of Norwich 1350 Corpus Christi H. of Monmouth D. of Lancaster 1351 King's Colledge King Henry VI. 1441 Queen's Colledge Margaret Wife to King Henry VI. 1448 Catharine Hall Robert Wood Lord Chancellor of the University 1475 Jesus Colledge John Alcock Chanc. of England 1496 Christs Colled S. John's Coll. Margaret Countess of Richmond 1505 Christs Colled S. John's Coll. Margaret Countess of Richmond 1508 Magdalen Coll. Tho. Audley Chanc. of England 1519 Trinity Colledge King Henry VIII 1546 Emanuel Colledge Sir Walter Mildmay Chancellor of the Exchequer 1582 Sidney and Sussex Francis Sidney Chancellor of Sussex 1598 The Degrees at Cambridge are usually taken as at Oxford except in Law and Physick For at Cambridge six Years after one has taken the Degree of Master of Art one may take the Degree of Batchelor and after five Years more that of Doctor The Batchelors of Arts compleat their Degree in Lent beginning at Ash-Wednesday And the first Tuesday of July is always Dies Comitiorum there called the Commencement wherein the Masters of Arts and the Doctors of all Faculties compleat
was wont to be pictured naked with a pair of Sheers in his hand a piece of Cloth under his Arm and Verses annext intimating that he knew not what fashion of Cloaths to have In Q. Elizabeths Time sometimes they took up the German and sometimes the Spanish Mode But the French Fashion has prevailed for the most part since Only there was a Time in King Charles the second his Reign that is about 23 Years since when Men took up a grave sort of Habit something like that of the Oriental Nations But it was soon laid aside and the French Mode taken up again which has continued ever since Cloth amongst Men is the general and almost the only Wear And that with so much plainness and comeliness with so much modesty and so little prodigality that the English formerly so apish in imitating forein Nations in their Garb might go now for a Model The Women indeed who value themselves most upon a fine outward Appearance cannot keep within those Bounds Whether it be to make a Figure in the World or out of Emulation amongst themselves or out of Design upon Men they go still in rich Silks with all the Set-offs that Art can possibly invent from time to time They know that Love do's love Toys and that Men love to be caught in a fine Net And herein the Citizens Wives and Maid-Servants do run into such Excess as makes a Confusion So hard it is sometimes to know a Tradesmans Wife from a Lady or the Maid from the Mistris As for the English Exercises and Recreations some they have common with other Nations as Hunting Hawking Fowling Fishing Tennis Bowling Shooting at Bow and Arrows Leaping Wrestling Dancing Musick Stage-Plays Operas Mascarades Balls Ballets c. Amongst which their Way of Bowling in fine Greens contrived and kept for that purpose is beyond any Thing that forein Countries do afford Wrestling is an Exercise wherein they have a peculiar Skill but chiefly the North and Western People Their Musick like their Temper inclines to gravity And if France outdo's the English in Comedies England may be said to outdo all Europe in Tragedies But besides those Exercises and Recreations usual with other Nations they have some more peculiar to themselves such as Paddock-Courses Horse-races Cock-fighting Bear-baiting Bull-baiting Prizes Cudgels Foot-ball Throwing at Cocks and their Way of Ringing of Bells Amongst which the Races shew the Swiftness of English Horses brought up for that purpose which to Foreiners unacquainted with it go's almost for a Romance Cock-fighting shews the Courage of their Cocks Bear-baiting and Bull-baiting that of their Dogs and Prizes the dexterity of some Men in handling of Weapons tho' with some effusion of Bloud Foot ball is a rude Diversion for the common sort of People in frosty Weather Throwing at Cocks is not only rude but cruel And as to the Musical Way of Ringing the Bells in England the frequency of it makes it rather a Recreation to the Ringers than others The Publick Days for Feasting amongst the English are first the Holy Daies at Christmas Easter and Whitsuntide but chiefly Christmas Holy-Days When 't is usual for Landlords to treat their Tenants for Relations and Friends to invite each other and pass the Time in Merriments And though those Holy-Days are not kept of late Years with that Profuseness as formerly they were yet I could wish they were kept with more devotion and less intemporateness From All-Saints Day to Candlemas 't is usual for each Inn of Court to have Revels on Holy-Days that is Musick and Dancing and for this they chuse some young Student to be Master of the Revels Before Christmas the Students who are for the most part Gentlemen of quality that come hither only to learn so much Law as may serve their turn to preserve their Estates meet together in order to keep a solemn Christmas At this Meeting which they call a Parliament Officers are chosen from among them to bear Rule in the House during the whole Christmas as a Comptroller Treasurer c. Sometimes when their publick Treasury can reach it they make a Prince among themselves who keeps a Court accordingly By whom many of the chief Nobility and great Officers of State are feasted and intertained with Interludes c. But whether a Prince or no the whole Christmas-time except Sundays is devoted here to Feasting Musick Dancing and Diâ—ing This last being allowed to all Comers is so excessive that the Box-mony do's usually amount to about 50 l. each 24 hours Which Mony go's a great way towards the defraying the Charges of the whole Christmas the rest being made up by a Contribution from each Student But besides Christmas Holy-Days which may be called the Carnaval of England there are other Days of publick Rejoycing As the King and Queens Birth and Coronation-Days the present Kings Birth-Day being the 4th of November the Queens the 30th of April and their Coronation Day April the 11th The 5th of November being Gun-powder Treason Day when the Popish Conspirators had prepared all Things to blow up King James I. and his Parliament then sitting is a Day of Thanksgiving solemnly kept to the eternal Confusion of Popery This is the Day when the Pope by way of Retaliation used solemnly to be burnt in Effigie at Temple-Bar in King Charles the Seconds Time with so much State and Pomp that the Undertakers spared for nothing to have it done sutable to the Subject But this being discontinued since the late King came to the Crown and being lookt upon besides by sober people as a Piece of Exorbitancy I have done with it and hope it won't be renewed My Lord Mayors Day being the 29th of October is also a solemn Day of publick Rejoycing and Feasting for the City of London Societies have likewise their Feasting Days when they meet in a Body either upon the Election of a new Officer or on some other account But of all the Societies there is none to be compared in this point to the Inns of Court for state and magnificence As to private Families 't is usual with many to celebrate their Birth and Marriage-Days with their most intimate Friends To improve Society the life of Recreation the English have besides their usual and friendly Meetings called Clubs the Conveniency of Coffee-Houses more common here than any where else In these all Comers intermix together with mutual freedom and at the small Charge of a peny or two pence of such Liquours as are sold there Men have the Opportunity of meeting together and getting Acquaintance with choice of Conversation and the advantage of reading all forein and domestick News S. Bartholomew's vulgarly called Bartelmy Fair is a particular Time for Diversion to the City of London It begins on S. Bartholomew's Day the 24th of August and continues 14 Days in West-Smithfield at the end whereof it removes for so many Days more to Southwark on the other side of the River Then is the dead
is the Fort St. George belonging to the East-India Company where they have a President of all the Factories on that Coast and of the Bay of Bengala As to the Royal African Company King Charles II was pleased by his Letters Patents to grant them a Liberty of Trading all along the Western Coasts of Africk from Cape Vert as far as the Cape of good Hope with prohibition of Trading there to all his other Subjects At Cape-Coast is the Residence of the chief Agent of the Company where they have a strong Place or Fort. I pass by the other Companies though some of them very considerable and the great Trade of the West-Indies generally managed by Merchants not Incorporated Only I shall add that every Company has the Priviledge to govern themselves by setled Acts and Orders under such Governours Deputies Assistants and Agents as they think fit to chuse among themselves And this way has been found to be so profitable and beneficial by Exporting the native Commodities thereof by setting the Poor on Work by building of many brave Ships and by Importing hither of forein Commodities both for Use and Ornament that the Benefit accruing thereby to these Nations cannot be expressed The principal Commodities exported from hence into forein Countries are Woollen Cloths of all sorts broad and narrow the English being now the best Cloth-Workers in the World To which add Sattins Tabies Velvets Plushes and infinite other Manufactures some of which make very good Returns from the foreign Plantations Abundance of Tin Lead Alum Copper Iron Fullers Earth Salt and Sea-Coal of most sorts of Grains but Wheat especially of Skins and Leather of Trane Oyl and Tallow Hops and Beer Saffron and Licorish besides great Plenty of Sea-fish is yearly transported over Sea to forein Conntries From whence the Merchants make good Returns and bring a great deal of Treasure and rich Commodities to the Inriching of themselves the unspeakable benefit of the Nation and the Credit of the English in general Who are as industrious and active as fair Dealers and great Undertakers as any Nation in the World For though the Hollanders perhaps do drive a greater Trade 't is neither for want of Stock nor for want of Industry on the side of the English The Hollanders being squeezed as they are within the narrow Bounds of their Country find little or no Land to purchase with the Returns of their Trade This puts 'em upon a kind of Necessity of improving still their Stock and of sending back those Riches a floating upon the Sea which they cannot fix on the Land Whereas our English Merchants having the Opportunity of Injoying the Fruits of their Industry in a spacious delicate fruitful Country by purchasing Estates for themselves and Families are apt to yield to the Temptation and to exchange the hurry of Trade for the pleasures of a Country-life CHAP. V. Of the English Laws and Religion THE Laws of England are of several Sorts and severally used according to the Subject First there is the Common Law that is the Common Customs of the Nation which have by length of time obtained the force of Laws This is the Summary of the Laws of the Saxons and Danes first reduced into one Body by King Edward the Elder about the Year 900. Which for some time being lost were revived by King Edward the Confessor and by Posterity named his Laws To these William the Conquerour having added some of the good Customs of Normandy he caused them all to be written in his own Norman Dialect which being no where vulgarly used varies no more than the Latine Therefore to this day all Reports Pleadings and Law-Exercises Declarations upon Original Writs and all Records are written in the old Norman But where the Common Law falls short the Statute Law makes it up Which are the Laws made from time to time by King and Parliament The Civil Law which is counted the Law of Nations is peculiarly made use of in all Ecclesiastical Courts in the Court of Admiralty in That of the Earl Marshal in Treaties with forein Princes and lastly in the Two Universities of the Land The Canon-Law otherwise called the Ecclesiastical Laws takes place in Things that meerly relate to Religion This Law comprehends the Canons of many ancient General Councils of many National and Provincial English Synods divers Decrees of the Bishops of Rome and Judgments of ancient Fathers received by the Church of England and incorporated into the Body of the Canon Law By which she did ever proceed in the Exercise of her Jurisdiction and do's still by virtue of an Act in the Reign of Henry VIII so far as the said Canons and Constitutions are not repugnant to the Holy Scripture to the Kings Prerogative or the Laws of this Realm But whereas Temporal Laws inflict Punishment upon the Body these properly concern the Soul of Man And as they differ in several Ends so they differ in several Proceedings The Martial Law reaches none but Souldiers and Mariners and is not to be used but in time of actual War But the late King who ran headlong to Arbitrary Power made nothing of violating this and most other Laws The Forest-Law concerns the Forests and in flicts Punishment on those that trespass upon them By virtue of this Law the Will is reputed for the Fact so that if a Man be taken hunting a Deer he may be Arrested as if he had taken it Lastly there are Municipal Laws commonly called Peculiar or By Laws proper to Corporations These are the Laws which the Magistrates of a Town or City by virtue of the King's Charter have a Power to make for the benefit and advantage of their Corporation Provided always that the same be not repugnant to the Laws of the Land These By-Laws properly bind none but the Inhabitants of the Place unless they be for publick Good or to avoid a publick Inconvenience In which Case they bind Strangers Thus much in general as to the Laws of England The chief Particulars will come in of course when I come to treat of the Government The Religion of England as it is established by Law is the best Reformed Religion and the most agreeable to the primitive Times of Christianity But before I come to shew the Occasion Time and Methods of its Reformation it will not be improper to give a brief historical Account how the Christian Faith came to be planted in this Island to set forth its Progress Decay and Restauration then its Corruption with Rome and at last its Reformation That Christianity was planted here in the Apostles Times long before King Lucius is plainly demonstrated by the Antiquity of the British Churches writ some Years since by Dr. Stillingfleet the present Bishop of Worcester Where he learnedly disproves the Tradition concerning Joseph of Arimathea supposed by many to have been the first Planter of the Gospel here as an Invention of the Monks of Glassenbury to serve their Interests by advancing
the Reputation of their Monastery and makes it highly probable that S. Paul rather than S. Peter as others would have it was the first Founder of a Church in this Island But by reason of Persecutions or for want of a supply of Preachers Christianity did not flourish here till the Reign of Lucius the British King and the first Christian King in Europe Of whose imbracing Christianity the learned Bishop gives this Account from the Testimony of ancient Writers that the was first inclined thereto by the Persuasion of Eluanus and Eduinus two British Christians who were probably imploy'd to convince him But being workt upon on the other side by his Druids he would not come to any Resolution till he had sent to Rome for his further Satisfaction and to know how far the British Christians and those of Rome agreed Elentherus was then Bishop of Rome and the twelfth from the Apostles To whom he sent the foresaid Eluanus and Meduinus about the Year 180 presuming as he might reasonably then that the Christian Doctrine was there truly taught at so little distance from the Apostles and in a Place whither a Resort was made from all Parts because of its being the Imperial City For there was then no Imagination of S. Peter's having appointed the Head of the Church there nor a long time after in the British Churches as appears by the Contest of the British Bishops with Augustine the Monk King Lucius being satisfied upon the Return of his Embassadors from Rome imbraced the Christian Faith and received the Baptism So that by the piety of his Example and the diligence of the first Preachers Christianity soon spread over his Dominions and sometime after over all the Island And then the Britains had Bishops of their own without any Juridical Dependency from the See of Rome the British Church continuing a distinct and independent Church from all others But when the Heathen Saxons came to be possessed of this Part of the Island and the Natives forced to take shelter amongst the Mountains of Wales the Christian Faith fled with them and this Country was again darkened with Heathenism Till about the Year 596. Austin the Monk was sent by Pope Gregory the Great to preach the Gospel here By whose Diligence and Zeal the Work prospered so well that all the Saxons were by degrees converted to the Christian Faith and Austin made the first Arcsh-bishop of Canterbury but with a subjection to the Church of Rome Thus as the Errours crept on in the Roman the British Church grew infected with them and continued subject to the Power and Errours of Rome till King Henry VIII laid the Ground for a Reformation by his resuming the Power of the Christian British Kings his ancient Predecessors and removing by virtue of it the forfeited Primacy of Rome to the See of Canterbury But 't is Observable withall that this Ejection of the Pope's Authority was not done as in other Nations tumultuously and by the Power of the People but by the Counsel and Advice of godly and learned Divines assembled in Convocation by the King's Authority and ratified by the Three States in Parliament Thus the ancient Dignity and Supremacy of the Kings of England being restored and the Subjects delivered from the Spiritual Tyranny of the Pope of Rome the King and Clergy took this Occasion to inquire into and reform the great Abuses and Errours crept into the Church Whose Method in this Work begun in Henry's Reign and brought to perfection in his next Successor's Time Dr. Heylin sets forth in these Words The Architects says he in this great Work without respect unto the Dictates of Luther or Calvin looking only on God's Word and the Primitive Patterns abolished such Things as were repugnant unto either but still retained such Ceremonies in God's publick Worship as were agreeable to both and had been countenanced by the Practice of the Primitive Times A Point wherein they did observe a greater Measure of Christian Prudence and Moderation than their Neighbour Churches Which in a meer detestation of the See of Rome allowed of nothing which had formerly been in use amongst them because defiled with Popish Errors and Abuses utterly averting thereby those of the Papal Party from joyning with them in the Work or coming over to them when the Work was done Whereas had they continued an allowable Correspondency in these Extrinsecals of Religion with the Church of Rome their Party in the World had been far greater and not so much stomached as it is And this Opinion of his he backs with the Sentiment of the Marquess de Rhosne in this point after Duke of Sully and Lord High Treasurer of France one of the chief Men of the Reformed Party there Who being sent Embassador to King James from Henry IV. King of France admired the Decency of Gods publick Service in the Church of England Three Things principally are to be considered in point of Religion viz. The Doctrine the Manner of publick Worship and the Church Government As for the Doctrine of the Church of England 't is the same in all Points with other Reformed Churches as it appears by her Confession of Faith contained in the 39 Articles The Manner of publick Worship differs in nothing from them but in the Excellency of it So many admirable Prayers the English Liturgy contains sutable to all Occasions digested in a plain Evangelical Style without Rhetorical Raptures which are fitter for a designing Orator than an humble Addresser to the Mercy-Seat of God In short there is nothing wanting in the Church of England in order to Salvation She uses the Word of God the Ten Commandments the Faith of the Apostles the Creeds of the Primitive Church the Articles of the four first General Councils an excellent Liturgy the Administration of the Sacraments and all the Precepts and Counsels of the Gospel She attributes all Glory to God worships his most holy Name and owns all his Attributes She adores the Trinity in Unity the Unity in Trinity She teaches Faith and Repentance the Necessity of good Works the strictness of a holy Life and an humble Obedience to the Supreme Power Charity which is the grand Mark of the true Church is so essential to this that she do's not ingross Heaven to her self so as to damn all others into Hell For the publick Service and Worship of God she has Places Times Persons and Revenues set apart for that purpose and an uninterrupted Succession of Bishops to ordain Priests and Deacons and do all other Duties iucumbent to that Dignity Happy were it for England if all its Subjects would live in the Communion of this Church and not separate from it which is 〈◊〉 Thing more to be wished than hoped for But such is the designing and ambitious Spirit of Popery to weaken the Church of England ever since the Reformation lookt upon as the chiefest Bulwark against Popery that it has caused all our Distractions in order to fish
divest him of his whole Authority To this purpose we have still fresh before us the Example of the late King of Portugal who for a few Acts of Rage fatal to very few Persons was put under a Guardianship and kept a Prisoner till he died and his Brother the present King made Regent in his place Which it seems was at least secretly approved by most of the Crowned Heads of Europe and even our Court gave the first Countenance to it Though of all others King Charles II. had the least Reason to do it since it justified a Younger Brother's supplanting the Elder But the Evidence of the Thing carried it even against Interest These are my Authors Arguments which I thought fit to insist upon to justify the Nations taking up Arms for the Defence of their Laws Religion and Property against the late King 's actual and bare-faced Subverting the whole Frame of this most happy and blessed Government A Government which has made many Kings glorious beyond the Great Nimrod of France and their People happy beyond all other Nations A Government which allows enough to a King that cares not to be a Tyrant and enough to the People to keep them from Slavery When the King's Prerogative do's not interfere with the Liberty of the People or the Peoples Liberty with the Kings Prerogative that is when both King and People keep within their own Sphere there is no better framed Government under the Sun Here is Monarchy without Slavery a great King and yet a free People And the Legislative-Power being lodged in the King Lords and Commons joyntly 't is such a Monarchy as has the main Advantages of an Aristocracy in the Lords and of a Democracy in the Commons without the Disadvantages or Evils of either The Government of England being thus constitued I see no Ground there is for passive Obedience where the Kings Commands are visibly contrary to Law and destructive of the Constitution The Measures of Power and consequently of Obedience must be taken from the express Laws of the State or from Immemorial Customs or from particular Oaths which the Subjects swear to their Princes And in all Disputes between Power and Liberty Power must always be proved for Liberty proves it self that being founded only upon a Positive Law this upon the Law of Nature Now 't is plain the Law of Nature has put no Difference or Subordination amongst Men except it be that of Children to their Parents or of Wives to their Husbands So that with relation to the Law of Nature all Men are born Free and this Liberty must be still supposed intire unless so far as it is limited by Contracts Provisions and Laws And as a private Person can bind himself to another Man by different Degrees either as a common Servant for Wages or as an Apprentice appropriate for a longer Time or as a Slave by a total giving himself up to another so may several Bodies of Men give themselves upon different Terms and Degrees to the Conduct of others And as in those Cases the general Name of Master may be equally used tho the degrees of his Power are to be judged by the nature of the Contract so in these all may carry the same Name of King and yet every ones Power is to be taken from the Measures of that Authority which is lodged in him and not from any general Speculations founded on some equivocal Terms such as King Sovereign or Supream But this has been of late so learnedly argued that I shall wave any further Discussion of this Matter This only I shall add that the King of England is by the moderate Assertors of this Monarchy called Pater Patriae and Sponsus Regni By which Metaphorical Characters the King and his Subjects come within the Relation of a Father and Children or within that of a Husband and Wife which is proper enough to represent the Nature and Mildness of the English Government Others make King and Subject to be no other Relation than that of Gardian and Ward Ad tutelam namque says Fortescue Legis Subditorum ac eorum Corporum Bonorum Rex hujusmodi erectus est the King being ordained for the Defence or Gardianship of the Laws of his Subjects and of their Bodies and Goods I have done and now I proceed to a further Description of this Monarchy 'T is Free and Independent that is not holden of any Earthly Potentate or any ways obliged to do Homage for the same as the Kingdom of Naples holden of the Pope by the King of Spain and that of Scotlund which held in Capite of the Crown of England Whereas the Kingdom of England owns no Superiour upon Earth A Monarchy that justly challenges a Freedom from all Subjection to the Emperour or Laws of the Empire For tho the Roman Emperors were anciently possessed of this Country and got by force of Arms the Possession of it yet upon their quitting the same the Right by the Law of Nations returned to the former Owners pro Derelicto as the Civilians speak The same is also free from all manner of Subjection to the Pope of Rome and consequently from those several Inconveniencies and Burdens which ly upon Popish Kingdoms As Taxes paid to that Bishop Provisions and Dispensations in several Cases to be procured from the Court of Rome and Appeals thither in Ecclesiastical Suits 'T is an Hereditary Monarchy and such as allow's of no Interregnum free therefore from those Mischiefs and Inconveniencies which frequently attend such Kingdoms as are Elective Though it is granted at least it seems apparent by History that England has been an Elective Kingdom especially in the Time of the Saxons When upon the King's Death those Persons of the Realm that composed the then Parliament assembled in order to the chusing of another And tho one or other of the Royal Bloud was always chosen yet the next in lineal Succession was often set aside as is evident from the Genealogies of the Saxon Kings But however it was in those and after Times certain it is that ever since King Henry VII the Crown has run in a course of lineal Succession by Right of Inheritance Till the late King having forsaken the Government and abdicated the Kingdom the Crown with the general Consent of the Nation was set upon the Head of the Prince of Orange our present King joyntly with the Princess the next Heir to King James and the Succession settled as will appear afterwards And upon William and Mary our Gracious King and Queen may the Crown long flourish To conclude whatever be the Bent and Inclination of some Men amongst us for a Commonwealth the Generality of the Nation is so much for Monarchy that it is like so to continue as long as the World indures In that Eclipse of Monarchy which hapned before the Restauration of King Charles II how busy then the Commonwealth Party was to provide against its Return and to settle here
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 the Kings of England when all Christendom in the Council of Constance was divided into Nations the English was one of the Principal and not Subaltern having its Voice of equal ballance with the Nations of France or Italy In those General Councils the Emperor of Germany was counted Major Filius Ecclesiae the King of France Minor Filius and the King of England Filius tertius adoptivus Whereas with submission methinks it had been more proper especially in such Assemblies to look upon the King of England as Primogenitus Ecclesiae the Eldest Son of the Church out of respect to the British King Lucius who as I said before was the first King in the World that imbraced Christianity In those Councils the King of France had place next the Emperour on his right hand the King of England next on his left hand and the King of Scotland next before Castille However the King of England acknowledges no Precedence to any Monarch but only to the Emperour and that upon the Score of Antiquity For the Crown of England is free and independent and therefore has been declared in Parliaments long since to be an Imperial Crown CHAP. VIII Of the Solemn Proclamation and Coronation of the King of England THE Kings of England are both Proclaimed and Crowned with so much Solemnity that it won't be improper to describe the Manner of it it being a Solemnity not at all disagreeable to the Design of this Work I begin with the Proclamation which is the first Step to the Crown And being we are upon the New State of England I shall describe the Manner how the present King William and Queen Mary were Proclaimed at Whitehall-Gate within Temple-Bar in Cheap-sideâ— and the Royal Exchange Which happened oâ— the 13th of Febr. Anno 1688 9. The Lords and Commons being then Assembled at Westminster came to the Banquetting-House where they presented the Princâ— and Princess of Orange the Instrument in Writing agreed upon for Declaring Their Highnesse KING and QUEEN of England France and Ireland with all the Dominions and Teâ—tories thereunto belonging and received Their Consent thereto About 11 of the Clock the said Lords and Commons came down to Whitehall Gate preceded by the Speakers of their respective Housâ—â— viz. the Marquess of Hallifax Speaker 〈…〉 Lords and Henry Powle Esq Speaker of 〈…〉 mons each of them attended by a 〈…〉 Arms in order to see Their Majesties 〈…〉 Being come down to the Gate there they found the Heralds of Arms the Sergeants at Arms the Trumpets and other Officers all in readiness being assembled by Order from the Duke of Norfolk Earl Marshal of England And Sr. Thomas S. George Knight Garter Principal King of Arms having received a Proclamation in Writing with an Order from the Lords House to the King's Heralds and Pursuivants of Arms for Publishing or Proclaiming the same forthwith the Persons concerned disposed themselves in Order before the Court-Gate for making the said Proclamation The Trumpets having sounded a Call three several times the last of which was answered by a great Shout of the vast Multitudes of People there assembled the Noise ceasing the said Garter King of Arms read the' Proclaimation by short Sentences or Periods Which was thereupon proclaimed aloud by Robert Devenish Esq York Herald being the Senior Herald in these Words VVHEREAS it has pleased Almighty God in his great Mercy to this Kingdom to vouchsafe as a Miraculous Deliverance from Popery and Arbitrary Power and that our Preservation is due next unto God to the Resolution and Conduct of His Highness the Prince of Orange whom God has chosen to be the Glorious Instrument of such an Inestimable Happiness to us and our Posterity And being highly sensible and fully persuaded of the Great and Eminent Vertues of her Highness the Princess of Orange whose Zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon the Nation And whereas the Lords and Commons now Assembled at Westminster have made a Declaration and presented the same to the said Prince and Princess of Orange and therein desired Them to Accept the Crown who have Accepted the same accordingly We therefore the Lords Spiritual and Temporal and Commons Together with the Lord Mayor and Citizens of London and others of the Commons of this Realm Do with a full Consent Publish and Proclaim according to the said Declaration William and Mary Prince and Princess of Orange to be KING and QVEEN of England France and Ireland with all the Dominions and Territories thereunto belonging Who are accordingly so to be owned deemed accepted and taken by all the People of the aforesaid Realms and Dominions who are henceforward bound to acknowledge and pay unto Theâ— all Faith and true Allegiance Beseeching God by whom Kings Reign to bless KING WILLIAM and QVEEN MARY with long and happy Years to Reign over us God save King William and Queen Mary Jo. Brown Cleric Parliamentorum Which being ended and the Trumpeâ— sounding a Flourish was answered by several repeated Shouts of the People And Direction being given to proclaim the same with in Temple-Bar in Cheap-side and at the Royal-Exchange the Proceeding marched in this manner I. The several Beadles of the Liberties of Westminister II. The Constables of the said Liberties all on foot with the high-Constable on horseback III. The Head-Bayliff of Westminster and his Men all on horseback with white Staves to clear the Way IV. A Class of Trumpets nine in all on horse-back the six first riding two and two and the three last together Followed by the Sergeant-Trumpeter carrying his Mace on the Shoulder V. A Pursuivant of Arms single a Pursui â—ant and a Sergeant at Arms and next an â—ther Pursuivant and 〈◊〉 Sergeant at Arms. The Pursuivants in â—heir rich Coats of the â—oyal Arms and each â—f the Sergeants carryâ—â—g his Mace on his Shoulder all of them on horse-back VI. Four Heralds of Arms one after another each with a Sergeant at Arms on his left hand carrying his Mace on the Shoulder and the Heralds being all in their rich Coats of the Royal Arms. VII Garter King of Arms in his rich Coat of Arms carrying the Proclamation Accompany'd with Sr. Tho. Duppa Kt. Gentleman Vsher of the Black Rod in his Crimson Mantle of the Order of the Garter and his Black Rod of Office likewise on Horseback VIII The Speaker of the House of Lords in his Coach Attended by Sr. Roger Harsnet eldest Sergeant at Arms with his Mace IX The Speaker of the House of Commons in his Coach Attended by John Topham Esq Sergeant at Arms to the said House with his Mace X. The Duke of Norfolk Earl Marshal and Primier Duke of England in his Coachâ— with his Marshal's Staff in his hand XI The Peers in order in their Coaches XII The Members of the House of Commons in their Coaches In this Order they proceeded towards Temple-Bar And being come as far as the May-pole in the Strand two
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
Right of Patronage called Patronage Paramount Insomuch that if the mean Patron or the Ordinary or the Metropolitan present not in due time the Right of Presentation comes at at last to the King As for the Bishopricks the King only has the Patronage of them For none can be chosen Bishop but whom he nominates in his Conge d'Estire and a Bishop Elect cannot be Consecrated or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent In short as the King is the only Sovereign and Supream Head both in Church and State so there lies no Appeal from Him as from some other States and Kingdoms beyond Sea either to the Pope of Rome or to the Emperor But indeed the greatest and safest of the Kings Prerogatives is as the present King wrote in a late Letter to his Council of Scotland to Rule according to Law and with Moderation The Dispensing Power so much contended for in the late Reign by the Court-Party as a Branch of the Kings Prerogative and as vigorously opposed by some true Patriots is â—ow quite out of Doors by the Act of Settlement which makes it plainly Illegal And as to that divine Prerogative which the Kings of England claimed as a Thing de Jure divino I mean the Curing of the King 's Evil only by the King 's laying his hands on the Sick assisted with a short Form of Divine Service it is now laid aside as a Traditional Errour at least a Doctrine not fit to be trusted â—o So that the French King is at this time the only Monarch that pretends to this Miraculous Priviledge Our Historians derived it here from King Edward the Confessour who lived so holy a Life that as they say he received Power from above Intailed to his Royal Successors for ever to cure this stubborn Disease But now 'c is lookt upon as a Doctrine not so fit for Protestants as bigotted Papists to whom no Miracle is amiss I come now to the King's Power with relation to forein Parts Which I shall describe as near as I can first as Defensive secondly as Offensive In the first Sense England if well united is of all the States in Europe the least subject to an Invasion especially since the Conjunction of Scotland The whole Island is naturally so well senced with the Ocean and when Occasion requires so well garded by those moving Castles the King's Ships of War the strongest and best built in the whole World The Kingdom besides is so abundantly furnished with Men and Horses with Provisions and Ammunition and Mony the Sinews of War that nothing but our intestine Divisions can make us a Prey to the greatest Potentates of Europe tho united together As for the King's Power abroad not only our Neighbours but the most remote Places have sufficiently felt it and this at a time when Scotland and Ireland were usually at enmity with Him 'T is true since the Reign of Qâ— Elizabeth what with our Distractions at home and the Weakness or Effeminacy of some of one Kings England has either been Idle or taken up with Intestine Broils Only in Cromwel's Time we humbled the Hollanders scowred the Algerines kept the French and the Pope in aw and took Jamaica from Spain Our greatest Exploits were upon our own selves when being unhappily involved in Civil Wars for several Years together we destroy'd one another with a fatal Courage Then were computed about two hundred thousand Foot and fifty thousand Horse to be in Arms on both sides which had they been imploy'd abroad might have shaken the greatest part of Europe And here I cannot but with an aking heart apply the Words of Lucan Heu quantum potuit Coeli Pelagique parari Hoc quem Civiles fuderunt Sanguine Dextrae In English thus How much both Sea and Land might have been gained By their dear Bloud which Civil Wars have drained Of so martial Spirit the English are and their fear of Death so little that as Dr. Chamberlain has well observed no Neighbourâ—â—ation scarce durst ever abide Battle with â—hem either by Sea or Land upon equal Terms â—nd now we are ingaged in a just War both with Ireland and France under a Prince of â—o great Conduct and Courage incouraged by â—â—s Parliament assisted and faithfully served by the greatest General now in Europe I cannot but hope well from our Armies both by Seu and Land if our provoked God do not fight against us The next Thing that offers it self to our Consideration is the King of England's Court which for State Greatness and good Order besides the constant Concourse of Nobility and Gentry resorting thither when there is no Jealousy between the King and his People is one of the chief Courts of Europe It is as an Author says a Monarchy within a Monarchy consisting of Ecclesiastical Civil and Military Persons the two last under their proper Government To support the Grandure of this Court and the other Charges of the Crown in time of Peace the Kings of England have always had competent Revenues Which never were raised by any of those sordid Ways used in other Countries but consist chiefly in Domains or Lands belonging to the Crown in Customs and Excise Anciently the very Domains of the Crown and Fee-Farm Rents were so considerable that they were almost sufficient to discharge all the ordinary Expences of the Crown without any Tax or Impost upon the Subject Then there was scarce a County in England but the King had in it a Royal Castle a Forest and a Park to Receive and Divert Him in his Royal Progresses A piece of Grandure which no King else could boast of But upon the Restauration of King Charles the Crown Revenues being found much Impaired and the Crown Charges increasing upon the growing Greatness of our Neighbours the French and Dutch the Parliament settled upon the King a Yearly Revenue of Twelve Hundred Thousand Pounds by several Imposts besides the Domains and other Profits arising to the Crown in Tenths and First-Fruits in Reliefs Fines Amerciaments and Confiscations And the whole Revenue improved to that degree that in the late Reign it was judged to amount to near two Millions Which is a Fair Revenue in Time of Peace In Time of War the Parliament supplies the King according to his Occasions by such Taxes to be raised upon the Nation as they think most convenient CHAP. X. Of the Government of England by Regency Also of the Succession to the Crown THere are three Cases wherein the Kingdom of England is not immediately governed by the King but by a Substitute Regent And those are the Kings Minority Absence or Incapacity The King is by Law under Age when he is under twelve Years old And till he has attained to that Age the Kingdom is governed by a Regent Protector or Gardian appointed either by the King his Predecessor or for want of such Appointment by the Three States assembled in the Name of the Infant
King Who in such Case usually make choice of such a Person among the Nobility as is fit for that Station whose private Interest is to preserve the Kings Life and Authority and to whom least benefit can accrue by his Death or Diminution Thus in the Case of Edward VI the Duke of Somerset his Uncle by the Mothers side was made Lord Protector during the Kings Minority And when this Rule has not been observed as in the Minority of Edward V it has proved of very ill consequence But this is observable withall that when thâ— King comes to be 24 Years of Age he may bâ— his Letters Patents under the Great Seal aâ—cording to a Statute made in the Reign of Heâ—ry VIII revoke and utterly null whatsoeveâ— has been Enacted in Parliament during his Mâ—nority When the King was Absent upon any so reign Expedition as several of our Kings have been with good success the Custom was for merly to constitute a Vicegerent by Commission under the Great Seal with the Titâ— of Lord Warden or Lord Keeper of the Kingdom and sometimes that of Protector And such was the Latitude of his Power that except wearing of the Crown he was as great aâ— the King But sometimes the Kingdom durinâ— the King's Absence has been committed to thâ— Care of several Noblemen During the Absence of Henry VIII in France which hapned two several times the Queeâ— was made Regent And so is at this time oâ—â— Gracious Queen Mary during his Majesties so reign Expedition So in case of the Kings Incapacity to govern either through Age or Weakness or by reason of some Incurable Disease a Gardian 〈◊〉 Regent is constituted to govern the Kingdom for Him Such a one was John Duke of Lâ—â— caster in the latter Days of King Edward 〈◊〉 appointed by the King himself who then what with Age and Weakness what with Sickness and Grief for the untimely Death of 〈◊〉 dear Son the Black Prince was much decayâ— both in Body and Mind I come now to the Succession to the Crâ—â— Which is not in England as in France Turâ—â— and amongst Barbarians by excluding Females from the Crown For the Crown of England in its natural Course descends from Father to Sâ—n for want of Sons to the eldest Daughter and her Heirs for want of Daughter to the Brother and his Heirs for want of Brother to the Sister and her Heirs In short upon the Death of the King or Queen upon the Throne the next of Kindred though born out of the Dominions of England or of Parents not Subjects of England is immediately King or Queen before any Proclamation or Coronation And contrary to the Descent of Estates among Subjects the Half Blood inherits as in the Case of Queen Mary and Queen Elizabeth who succeeded King Edward the Sixth though they were his Sisters only by the Father's side But the Government being lately Dissolved by King James his Misgovernment as well as Abdication the Crown was settled in this manner by the Lords Spiritual and Temporal and Commons assembled at Westminster in the Month of December Anno 1689. First upon William and Mary then Prince and Princess of Orange during their Lives and the Life of the Survivor of Them but the sole and full Exercise of the Regal Power to be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their joynt Lives And after their Deceases the said Crown and Royal Dignity to be to the â—eirs of the Body of the said Princess And for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body And for default of such Issue to the Heirs of the Body of the said Prince of Orange Upon which the said Prince and Princess now King and Queen of England c. did accept thâ— Crown and Royal Dignity of the Kingdoms oâ— England France and Ireland and the Dominions thereunto belonging And for preventing all Questions and Divisions in this Realm by reason of any pretended Titles to the Crown and for preserving a Certainty in the Succession thereof the Settlement of the Crown as aforesaid was Confirmed by an Act of the Insuing Parliament which passed the Royal Assent Dec 16. 1689. With this excellent Proviso That Whereas it hath been found by Experience that it is Inconsistent with the Safety and Welfare of this Protestant Kingdom to be Governed by a Popisâ— Prince or by any King or Queen Marrying Papist all and every Person and Persons thaâ— is are or shall be Reconciled to or shall holâ— Communion with the See or Church of Rome or shall profess the Popish Religion or shalâ— Marry a Papist shall be Excluded and be soever Uncapable to Inherit Possess or Injoy thâ— Crown and Government of this Realm and Ireland and the Dominions thereunto belonâ—ing or any Part of the same or to Have Usâ— or Exercise any Regal Power Authority or Jâ—risdiction within the same And in all and 〈◊〉 very such Case or Cases the People of theâ— Realms shall be and are hereby Absolved 〈◊〉 their Allegiance and the said Crown and Government shall from time to time Descend 〈◊〉 and be Injoy'd by such Person or Persons â—â—ing Protestants as should have Inheritâ—â— or Injoyed the same in case the said Pâ—â—son or Persons so Reconciled holding Coâ—munion or Professing or Marrying as afoâ—â—said were naturally Dead By which Act further Confirmed and Asserted by the Act of Recognition passed in the last Session of Parliament the Crown is by Law for ever Insured into Protestant Hands and all Pretence of Popish Succession Nulled and Invalidated CHAP. XI Of the Royal Family Particularly of the Queen and the Sons and Daughters of England THe Queen of England is either a Sovereign or Queen Consort or else Queen Dowager When the Queen is Sovereign as were Queen Mary and Queen Elizabeth the two Daughters of Henry VIII and Sisters of Edward VI. he is invested with all the Regal Power and â—cts as Sovereign And whoever she does marry â—o far from following her Husbands Condition â—he is her Husbands Sovereign as Queen Mary â—as Philip's The Case indeed of our present Queen Mary is â—ifferent She is a Sovereign joyntly with her â—usband King William but the Administration 〈◊〉 the Government and the sole Executive Power â—â—lodged only in the King during their Joynt â—â—ves Except the Time of his Majesties Absence 〈◊〉 his foreign Expedition during which Her â—jesty is Vested by a late Act of Parliament with the Administration and acts as Queen Regent A Queen Consort without Sovereignty is Reputed however the Second Person in the Kingdom and Respected accordingly The Law sets so high a value upon Her as to make it High Treason to conspire her Death or to violate her Chastity She has her Royal Court and Officers apart with a large Dower to maintain her Greatness And though she be an Alien born yet without Denization or Naturalization she may purchase Lands in
Fee-simple make Leases and Grants and sue in her own Name without the King which is not in the power of any other Feme-covert or married Woman to do A Queen Dowager or Widow-Queen is still Respected as a Queen in her Widowhood and keeps a Court accordingly And though she should marry a private Gentleman as did Queen Catharine King Henry the Fifths Widow she does not lose her Dignity By the Sons and Daughters of England I mean the King's Children So called because all the Subjects of England have a special Interest i◠Them though their Education and the Disposing of Them is only in the King The Eldest Son commonly called the Prince of Wales is born Duke of Cornwal and afterwards created Prince of Wales Upon his Birth he is by Law of full Age to sue for the Livery of the said Dukedom as if he were full a Years of Age. But so much of the Lands 〈◊〉 Demesns of it have been Alienated that h◠Revenues are chiefly out of the Tin-Mines i◠Cornwall Which with all other Profits of the Dutchy amount yearly to the Sum of 140◠Pounds and the Prince's whole Revenues to about 20000 l. When King Edward I had compleated the Conquest of Wales He divided it into Seven Shires to which Henry VIII added five more out of the March Lands Over each of the Seven Shires King Edward placed a particular English Lieutenant and over the whole he designed a Vicegerent The Welch being disgusted at this He sent for his Queen then great with Child to Caernarvan where she was delivered of a Son Upon the News whereof the King assembled the Chief Men of that Nation and offered to name them a Governour born in Wales who could not speak one word of English and against whose Life they could take no just exception Such a one when they had all sworn to obey he named his young Son Edward Whereupon He created him Prince of Wales and since that time the Kings of England eldest Sons have been called Princes of Wales Whereas while Normandy was in the Power of the English which lasted till the Reign of King John they were stiled Dukes of Normandy The Investiture is performed by the Imposition of a Cap of Estate and a Coronet on the Princes Head as a Token of his Principality by delivering into his hand a Verge of Gold the Emblem of Government by putting a Gold Ring on his Finger in token that he must be a Husband to his Country and a Father to her Children and by giving him a Patent to hold the said Principality to Him and his Heirs Kings of England By which Words the Separation of it from the Crown is prohibited and the King keeps to himself an excellent Occasion of obliging unto Him his Son when he pleases In Imitation of which Custom John I King of Castille and Leon made his Son Henry Prince of the Asturias a Country so Craggy and Mountainous that it may not improperly be called the Wales of Spain And all the Spanish Princes ever since have been honoured with that Title The Mantle worn in Parliament by the Prince of Wales has for Distinctions sake one gard more than a Duke's his Coronet of Crosses and Flower de luces and his Cap of State indented His Arms differ from the Kings only by addition of a Label of three points And his peculiar Device is a Coronet beautified with three Ostrich Feathers inscribed with ICH DIEN that is I serve Alluding perhaps to that in the Gospel The Heir while he is a Child differs not from a Servant Which Device was born at the Battel of Cressy by John King of Bohemia serving there under the French King and there slain by Edward the Black Prince Since worn by the Princes of Wales and by the Vulgar called the Princes Arms. In short the King of England's Eldest Son has ever since been stiled Prince of Wales Duke of Aquitain and Cornwal and Earl of Chester and Flint these Earldoms being conferred upon him by Letters Patent As Eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth Though he is a Subject yet the Law looks upon his Person as so Sacred that it is high Treason to imagine his Death or violate his Wife The Younger Sons of England depend altogether upon the King's Favour both for Titles of Honour and Revenues sutable to their Birch For they are not born Dukes or Earls but are so created according to the Kings Pleasure Neither have they as in France certain Appanages but only what Revenue the King pleases to bestow upon them They are indeed by Birth-right as well as the Prince of Wales Counsellors of State whereby they may fit themselves to manage the weighty Affairs of the Kingdom The Daughters are called Princesses And to violate them unmarried is High Treason The Title of Royal Highness is common to all the King's Children All Subjects ought to be uncovered in their Presence to kneel when they are admitted to kiss their hands and to be served on the Knee at Table unless the King be present Lastly all Persons of the Royal Bloud being a Lawful Issue have the Precedency of all others in England As for the King 's Natural or Illegitimate Sons and Daughters they are commonly created Dukes and Dutchesses and bear what Surname the King pleases to give them King Henry I. and Charles II. of blessed Memory are noted to have had the most of any CHAP. XII Of the Nine Great Officers of the Crown NEXT to the Royal Family the Great Officers of the Crown come of course to be Inquired into which are Nine in Number Viz. The Lord High Steward The Lord High Chancellor The Lord High Treasurer The Lord President of the Kings Council The Lord Privy Seal The Lord Great Chamberlain The Lord High Constable The Lord Earl Marshal The Lord High Admiral The Lord High Steward of England is the highest Officer under the King His Office not unlike that of the Mayre of the Pallace under the ancient Kings of France is to rule and govern the Kingdom under the King in Time of Peace and War during his Reign Which Power being thought too large and exorbitant for a Subject to have this Great Officer has been discontinned ever since Henry of Bullingbrock Son to John of Gaunt Duke of Lancaster afterwards King of England under the Name of Henry IV. Only at a Coronation also for the Trial of a Peer or Peeress for Treason or Felony or some other great Crime the King makes a High Steward for that Time Who during his Stewardship is called His Grace and bears a white Staff in his hand which he openly breaks when the Business is over and so ends his Office By virtue of his Office at a Coronation he sits Judicially at the King's Pallace at Westminster Where he receives the Bills and Petitions of all such Noblemen and others who by reason of their Tenure or otherwise
Goâ—ernment nine and twenty of the Lords Spiâ—â—al and Temporal such as â—â—â—ned to be at â—t time in and about the Cities of London â—d Westminster immediately assembled at â—ildhall Where they unanimously Reâ—â—ved to apply themselves to His Highness 〈◊〉 Prince of Orange and to assist Him â—â—th their utmost Endeavours in the obâ—â—ing with all speed such a free Parliament 〈◊〉 the security of our Laws Liberties and â—operties as thereby the Church of England 〈◊〉 particular with a due Liberty to Proteâ—â—nt Dissenters and in general the Protestant â—eligion and Interest over the whole World â—ight be supported and incouraged to the â—lory of God the Happiness of these Kingâ—oms and the Advantage of all Princes and â—ates in Christendom Whereof they made publick Declaration signed by every one of 〈◊〉 Lords amongst which the Earl of Pemâ—ke the Lord Viscount Weymouth the Bishop 〈◊〉 Ely and the Lord Culpeper were chosen to â—tend forthwith His Highness with the said â—eclaration and at the same time acquaint 〈◊〉 with what they had further done at that â—eeting Few days after this the Lord Mayor Alderâ—en and Commons of the City of London in â—mmon Council Assembled made an humble â—ddress to the Prince wherein they returned 〈◊〉 Highness their Thanks for his glorious Unâ—rtaking to rescue these Kingdoms from Poâ—ry and Slavery look'd upon him as their Reâ—â—e implored his Protection and humbly beâ—ght Him to repair to this City where he should be received with Universal Joy and Sâ—tisfaction The Prince was then at Henley where he râ—ceived the Addressers in the most obliging maâ—ner with Aâ—â—rances of his Protection aâ— of his Readiness to comply with their Dâ—fires In the mean time King James was unhappiâ— taken in a Disguise at Feversham in Kent as 〈◊〉 was going for France Where being soon Dâ— covered he was at last prevailed upon to Return so that his Guards and Coach being seâ— for Him he came back to Whitehall Sundâ—â— Dec. 16 and reassumed the Government Whilâ— King James came up to London from the South the Prince made his Way thither from tâ—â— West in hopes that his Majesty would come 〈◊〉 an amicable and equitable Accommodation by referring all Grievances to a free Parlâ—â—ment But the King not being able to bear the hâ—â— of a Free Parliament after so many notoriâ—â— Violations of the Laws of the Realm grew foâ— uneasy at Whitehall and his Heart beat agâ— for France as his only Place of Refuge 〈◊〉 Rochester he goes from whence few Days â—â—ter he privately Withdrew himself the secâ—â— time but with more success than the 〈◊〉 For he got clear to France where the Quâ—â— and the supposed Prince of Wales had soâ— time before taken Sanctuary Mean while the Prince of Orange was 〈◊〉 to St. James's Dec. 19th where his Highâ—â— received the Compliments of all the Nobiâ—â— and other Persons of the chiefest quality Town and at Night the Streets were 〈◊〉 with Bonfires with Ringing of Bells and ther publick Demonstrations of Joy Then the Scene of Affairs was so very much â—ered that nothing but a new Settlement â—â—uld Resettle us In order to which a great Assembly of Lords and Commons Members of â—rmer Parliaments besides the Lord Mayor â—ldermen and Common Council of the City of London was held at Westminster to consult â—hat was fit to be done Who after some Deâ—â—tes upon the present Juncture came to this resolve that his Highness the Prince of Oâ—â—nge should be humbly Intreated to Summon 〈◊〉 Convention of Lords and Commons by his Cirâ—ular Letters these to be chosen by the People in a Parliamentary Way to meet at Westminster on â—he 22th of January following And that His sighness in the mean time would be pleased â—o take upon Him the Administration of pubâ—ick Affairs both Civil and Military and the disposal of the publick Revenue Which was â—one accordingly The Convention being met at the Time â—ppointed the House of Commons broke the 〈◊〉 Voted the Abdication of the Governâ—ent by King James and the Vacancy of the â—â—rone that is in short a Dissolution of the whole Frame of Government The House of Lords being divided as to the Word Abdicate â—â—d several Conferences about it with the Comâ—ons till at last their Lordships Concurred with them by Plurality of Votes Which hapâ—ed on the 6th of Febr the same Day upon which King James had ascended the Throne The Government being thus declared in a â—ate of Dissolution and the Throne Vacant â—he next Business was to Resettle the first by â—lling up the last It was then in their power 〈◊〉 bestow the Crown upon whom they pleased 〈◊〉 after several Debates the Two Houses at last fully agreed upon a joynt Declaration concerning the Misgovernment of King James the Offer of the Crown to the Prince and Prince of Orange the Abrogation of the Oaths of Allegiance and Supremacy and the new Oaths tâ— be taken instead of them All this was done by the 12th of February upon which Day Her Royal Highness the Princess of Orange arrived at Whitehall about twâ— in the Afternoon the welcome News whereoâ— was received with universal Demonstrations oâ— Joy The next Day Febr. 13th both Houses being Assembled at Westminster came to thâ— Banqueting House where they presented tâ— the Prince and Princess of Orange the Instrument in Writing agreed upon for Declarinâ— Their Highnesses KING and QUEEN oâ— England France and Ireland with all the Dominions and Territories thereunto belonging and received Their Consent Whereupon Their Majesties were immediately Proclaimed in thaâ— solemn Manner as I have already described iâ— the Seventh Chapter And thus was accomplished the Curse of King James J a Prince whose Learned Pen baffleâ— all the Conclave which he solemnly pronounced on any of his Posterity that should turn Papists I am heartily sorry that it should fall 〈◊〉 heavy upon the late King but it is better so than that three Kingdoms should perish And yet had he kept within some reasonable Bounds and his Religion to himself withouâ— his open Violations of the Laws as it were iâ— defiance 't is very likely the Nation would haâ—â— been upon his account very indulgent to thâ— Roman Catholick Party They might have gâ— by this means some legal Toleration which 〈◊〉 the space of few Years would have Incouraâ—â—d and Strengthned their Party here consideâ—bly So quick of growth are the Roman â—atholicks where they find Incourageâ—ent Therefore the very Court of France did oâ—enly declare his Errors to the World and â—ssed this Verdict upon him That his whole â—onduct had been very little Judicious The â—mperour on the other side in his Letter to â—ing James from Vienna Apr. 9. 1689 could â—â—t forbear amongst his tender condoling â—xpressions to tell him the Cause of his â—in But King James would never be advised to Moderation and no Counsellors were welcome 〈◊〉 him but such as prompted him to Vioâ—nce The Issue whereof proved accordingly â—ll Covet all Lose I conclude with a Character of Their
a King De Jure and a King De Facto But those Diseases I thank God are not so Epidemical as to indanger a Convulsion in the State There are excellent and approved Remedies for them in the Pastoral Letter of the present Bishop of Salisbury and in the Collection of Papers but particularly in the late Book put out by that eminent Divine Dr. Sherlock to which for brevity sake I referâ— the Diseased But if Reason cannot Time I hope will wear out their Distempers And so I bid them Farewell CHAP. XV. Of the present KING and QVEEN's Court. THeir Majesties Court is composed of two distinct Bodies one of Laymen another of Churchmen I shall begin with the first not out of any Disrespect to the second but because this seems to me the most proper and natural Method The Court-Laymen are subdivided into two distinct Parts Civil and Military But before we descend to Particulars 't is to be observed I. That the Court wherever it is has within it self a certain Latitude of Jurisdiction called the Verge of the Court which is every way within 12 miles of the chief Tunnel of the Court except London which is exempted by Charter II. That the King's Court or Pallace where is Majesty resides is counted so sacred a Place â—at not only Striking of any one there in â—assion is severely forbidden but also all Ocâ—asions of Striking The first by the ancient â—aws of England was punished with Death â—â—d Loss of Goods And to this day whoâ—â—er presumes to strike another within the Palâ—ce where the King's Person resides and does 〈◊〉 draw blood by his Stroke is liable â—thout His Majesties Pardon to lose his right Hand to be Fined at the King's Will and ly in Prison till the Fine be paid And further to deter any one from presuming to Strike in the King's Court the Punishment for it is executed with great Ceremony III. That as great as the Court is yet it falls much short of what it has been formerly whether we consider the prodigious Plenty the Court lived in or the Greatness of the Houshold The Diminution whereof was first occasioned by the Troubles in the Reign of Charles I continued by Charles his Son and made greater by the late King James Before the Troubles aforesaid this Court went far beyond all others in Plenty and Magnificence no less than 86 Tables being kept here furnished in all with about 500 Dishes each Meal with all Things sutable A Profuseness I confess becoming the Times when the English were more addicted to Feasting than they are at present But to come to the present State of the Court the King's Houshold is managed in chief by these three principal Officers whose respective Salaries I have annexed Viz.  Wages Board-wages The Lord Steward 100 00 00 1360 00 00 The Lord Chamberlain 100 00 00 1100 00 00 The Master of the Horse 1200 00 00  Under whom are almost all the King's Officers and Servants The Lord Steward is the Principal Officer oâ— the King's Houshold To whom the State oâ— the House is committed to be ruled by hiâ— Discretion and all his Commands in Court to be obeyed and observed His Authority reaches over all Officers and Servants of the King's House except those of the King's Chamber the Stable and the Chappel He is a White-Staff Officer and the White-staff is taken for a Commission In the King's Presence he holds it up in his hand and at other times when he goes abroad 't is carried by a Footman bare-headed Upon the King's Death he breaks his Staff over the King's Herse and thereby discharges all Court-Officers under him By his Office without any Commission he judges of all Treasons Murders Felonies and Bloudsheds committed in the Court or within the Verge Which is much for the King's Honour that where His Majesty is no Justice should be sought but immediately from his own Officers At the beginning of Parliaments he attends the King's Person and at the end he adjusts the Parliament Expences c. To take the Accounts for all Expences of the King's Houshold there is a Place at Court called the Compting-House And in this House is kept that ancient Court of Justice called the Green Cloth of a Green Cloth whereat the Court sits The Officers that sit in the Compting-House and at the Board of Green Cloth with their respective Salaries are Besides the Lord Steward in chief  Wages Board-wages The Treasurer and Cofferer of the Houshold 223 14 08  The Comptroller 107 17 06 1092 02 06 The Master of the Houshold 66 13 04 433 06 08 Two Clerks of the Green Cloth and Two Clerks Comptrollers each 44 06 08 455 13 04 Amongst which the Lord Steward the Treasurer and the Comptroller are usually of the King 's Privy Council and the two last are also White-Staff Officers Their Office in the Compting House is there to sit day by day to take as I said before the Accompts for all Expences of the King's Houshold to make Provisions for it to make the Payments and such Orders as they think fit for the Servants In short to Them is committed the Charge and Government of the King's House with Power to correct all the Servants therein that shall any way offend and to keep the Peace not only within it but within the Verge of the Court. And whereas the King's Servants are free from Arrest the Creditors of such as are backward to pay have no other way for Payment but to make their application to the Board of Green Cloth which upon hearing of the Matter take care to see Justice done to the Creditors In the Lord Steward's Absence the Treasurer has power with the Comptroller and Steward of the Marshalsea by virtue of their Office and without Commission to hear and determine Treasons Felonies and other Crimes committed within the King's Pallace and that by Verdict of the King's Houshold And if any Servant within the Check-Roll be found guilty of Felony he is incapable of the Benefit of the Clergy The Comptroller's Office is to Comptrol the Accounts of the Green Cloth The Cofferer pays the Wages to the King's Servants above and below Stairs and for the Houshold Provisions according to the Allowance and Direction of the Green Cloth He has also a particular Charge and Oversight of the inferiour Officers of the King's House The Master of the Houshold surveys the Accounts of the House The Clerks of the Green Cloth sum up all Bills of Comptrolment Parcels and Brievements And the two Clerks Comptrollers do let and allow them But besides the foresaid Officers belonging to the Compting House and Green Cloth there are inferiour Officers and Servants relating to the same Viz.  Per Annum  Wages Board-wages Two Yeomen each 05 00 00 73 00 00 Two Grooms each 02 13 04 54 15 00 A Messenger 02 13 04 37 06 08 In the inferiour Offices below Stairs all under the Lord Steward there is
In the Bake-house A Clerk 06 13 04 73 06 08 Two Yeomen each 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 In the Pantry  Per Annum  Wages Board-wages A Gentleman and Yeoman 11 08 01½ 48 11 10½ A Yeoman Mouth to the Queen 05 00 00 55 00 00 Three Grooms each 02 13 04 37 06 08 In the Cellar A Sergeant 11 08 01½ 48 11 10½ A Gentleman and Yeoman 11 08 01½ 48 11 10½ A Yeoman Mouth to the Queen and Keeper of the Ice and Snow 05 00 00 55 00 00 Two joynt Grooms each 05 00 00 45 00 00 A Yeoman Field to the King 05 00 00 45 00 00 A Yeoman Field to the Queen 05 00 00 45 00 00 A Groom 02 13 04 37 06 08 In the Buttery A Gentleman and Yeoman 11 08 01½ 48 11 10½ A Yeoman 05 00 00 45 00 00 Three Grooms each 02 13 04 37 06 08 In the Spicery Two joynt Clerks each 32 00 00 168 00 00 A Purveyor       In the Chandlery  Per Annum  Wages Board-wages A Sergeant 11 08 01½ 48 11 10½ Two Yeomen each 05 00 00 45 00 00 Three Grooms each 02 13 04 37 06 08 In the Confectionary Two Yeomen each 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 In the Ewry Two Yeomen each 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 In the Laundry A Laundress of the Table and Houshold Linnen 20 00 00 100 00 00 In the King 's Privy Kitchin A chief Clerk 44 06 08 205 13 04 A second and third Clerk each 11 08 01½ 138 11 10½ A Master Cook 11 08 01½ 138 11 10½ A Yeoman of the Mouth 05 00 00 45 00 00 A Yeoman Pottagier 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08  Per Annum  Wages Board-wages Two Children each 02 00 00 33 00 00 Two Scowrers 04 00 00 56 00 00 Six Turn-broaches    180 00 00 One Door-Keeper    30 00 00 In the Queen 's Privy Kitchin A Master Cook 11 08 01½ 108 11 10½ A Yeoman of the Mouth 05 00 00 45 00 00 Another Yeoman 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 Two Children each 02 00 00 33 00 00 Two Scowrers 04 00 00 56 00 00 Four Turn-broaches    120 00 00 One Door-Keeper    30 00 00 In the Houshold Kitchin A Master Cook 11 08 01½ 80 00 00 A Yeoman 05 00 00 45 00 00 A Groom 02 13 04 37 06 08 Two Children each 02 00 00 33 00 00 Two Scowrers 04 00 00 36 00 00 Four Turn-broaches    120 00 00 A Door-Keeper    30 00 00 In the Larder Two Yeomen each 05 00 00 45 00 00 Three Grooms each 02 13 04 37 06 08 In the Acatry A Sergeant 11 08 01½ 48 11 10½ Two joynt Clerks 06 13 04 113 06 08 A Yeoman of the Salt Stores 05 00 00 10 00 00 In the Poultrey  Per Annum  Wages Board-wages A Clerk 06 13 04 73 06 08 A Yeoman 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 In the Scalding-house Two Yeomen each 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 In the Pastry A Clerk 06 13 04 73 06 08 Two Yeomen each 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 A Child 02 00 00 33 00 00 A Salsary-man    30 00 00 A Turner    30 00 00 In the Scullery A Clerk 06 13 04 73 06 08 Two Yeoman each 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 Two Pages each 02 00 00 33 00 00 Three Children each 02 00 00 33 00 00 Two Pan-Keepers    60 00 00 In the Wood-yard A Clerk 06 13 04 73 06 08 A Yeoman 05 00 00 45 00 00 Two Grooms each 02 13 04 37 06 08 In the Almonry  Per Annum  Wages Board-wages A Sub-Almoner 06 18 00    A Yeoman 05 00 00 45 00 00 A Groom 02 13 04 37 06 08 In the Verge A Clerk 06 13 04 23 06 08 A Coroner 06 13 04 23 06 08 Harbingers Two Gentleman Harbingers each 11 08 01½ 48 11 10½ Five Yeomen Harbingers each 05 00 00 45 00 00 Porters at the Gate A Sergeant Porter 11 08 01½ 108 11 10½ Three Yeomen each 05 00 00 45 00 00 Three Grooms each 05 00 00 37 06 08 Cartakers Three Yeomen each 05 00 00 45 00 00 Three Grooms each 02 13 04 37 06 08 Officers of the Hall A Marshal 13 00 08½ 18 05 00 Three Waiters each 02 00 00 28 00 00 To which add  Per Annum  Wages Board-wages A Cock and Crier    18 05 00 Four Groom Purveyors of long Carts 10 13 04    Two Bread-bearers 04 00 00 26 00 00 Two Wine-Porters 04 00 00    A Yeoman Porter at S. James's 05 00 00 45 00 00 In each of the foresaid Offices 't is the way to rise from a lower to a higher Office as from a Groom to become Yeoman then Gentleman then Sergeant as one happens to outlive them above him And so the Clerks of the Particular Offices have the Prospect of rising from one Office to a better as the Vacancies happen as far as the Place of Cofferer So far we have gone through the Offices that are under the Lord Steward Next to whom is the Lord Chamberlain also a White-Staff Officer Who has the Oversight of all Officers and Servants belonging to the King's Chamber and above Stairs Except the Precincts of the King's Bed Chamber which is wholly under the Groom of the Stole He has also under his Charge the Officers both of the standing and removing Wardrobes the Heralds Pursuivants and Sergeants at Arms the King's Physicians Surgeons and Apothecaries Barbers the Revels Musick Comedians Huntsmen Messengers and Tradesmen retained in the King's Service And which is unusual in other Kingdoms he has though a Layman the Oversight of the Chaplains To him also belongs the Oversight of Charges of Coronations Marriages Entries Cavalcades Funerals and other like Solemnities Of all Furniture in the Parliament and in the Rooms of Addresses to the King c. The Officers and Servants under the Lord Chamberlain  Per Annum  Wages Board-wages A Vice-Chamberlain 66 13 04 492 15 00 Three Cup-bearers each 33 00 00    Four Carvers each 33 06 08    Three Gentlemen Sewers each 33 06 08    Two Esquires of the Body each 33 06 08    Belonging to the Privy Chamber Forty eight Gentlemen in Ordinary       Four Gentlemen Vshers each 30 00 00 50 00 00
and Queen as they were lately settled by King and Parliament differ in several Points from the Settlement made in the Reign of Charles II and Confirmed to the late King James 'T is true the Excise which consists in certain Impositions upon Beer Ale and other Liquors is Settled upon Them for their Lives and the Life of the Survivor of Them But out of it a Yearly Rent of 20000 l. comes to Her Royal Highness the Princess of Denmark and her Issue during Their Majesties Lives and the Survivor of Them The Custom upon Commodities Imported and Exported which was settled upon King Charles II and afterwards his Successor for their respective Lives is now Confined within the Term of four Years to commence on the 24th Day of December 1690. And that great Branch of the Revenue the Hearth-Mony which was for ever Settled in the Crown to the great Grievance of the People is now lopt off by Act of Parliament upon the King 's generous Motion for the Relief of His Subjects As to Their Majesties other Revenues I refer you to the Ninth Chapter Which with the Excise and Custom come to above Twelve hundred thousand Pound a Year that is about 16 Millions of French Livers A Revenue which may serve in Time of Peace to Keep up the Honour of the Crown not to inable any Ambitious or Over-covetous Prince to Invade the Property and Liberty of the Engglish Subjects or under a vain Pretence of his own Glory to disturb the Peace and Quiet of his Neighbours A sad Experience whereof we have seen of late Years by the Practice of that Ambitious Monarch the French King whose exorbitant Incomes have helped him to Crush first his Subjects and then most of his Neighbours But when the Nation is concerned in a forein War and the War grounded upon Equity and Honour the Parliaments of England seldom fail of Supplying the King with Subsidies suitable to the present Occasion by a Land-Tax Poll-Mony and such other Ways as they think most convenient In the mean time as the Custom and Excise are the two principal Branches of Their Majesties Revenues let us see how the same are managed how the Products thereof come into the Exchequer and are there disposed of by such thrifty Methods that all Charges born it costs the King little above 2 Shillings in the Pound For the Managing of the Custom-Revenue there are in the first place at present Seven Commissioners who have the Charge and Oversight of all Their Majesties Customs in all Ports of England Which Customs amount to about 600000 l. a Year whereof the Port of London only pays two Thirds that is about 400000 l. Yearly The said Commissioners sit day by day at the Custom-House London They hold their Places by Patent from the King and have each a Salary of 1000 l. per Annum Under these are a great Number of Officers imployed both at London and in the Out-Ports some of them of considerable quality and ability Such as Collectors Customers Comptrollers Surveyors Registers Searchers Waiters c. whose due Perquisites are so considerable that to some they are more than their respective Salaries First there is A Collector Inwards and for the Act of Navigation 966 13 04 A Collector Outwards 276 00 00 A Customer of the Cloth and petty Customs 277 06 08 Two Customers of the great Customs each 50 00 00 A Comptroller General of the the Accompts 500 00 00 A Comptroller of the Cloth and petty Customs 100 00 00 A Surveyor General 500 00 00 A Surveyor of the Out-Ports 250 00 00 A Register of the Seizures 106 00 00 A Head-Searcher 120 00 00 Nineteen King's Waiters each 52 00 00 Forty Land-Waiters each 80 00 00 There is also a Secretary a Ware-house-Keeper a Surveyor of the Ware-house 7 Land-Surveyors 8 Tide-Surveyors 7 Under-Searchers these at 12 l. per Annum and many more Officers that I pass by for brevities sake Besides several Persons Commissioned to seize Uncustomed Goods either Inward or Outward bound 80 Tide-Waiters whose Fee is each 5 l. a Year and 3 shill a Day besides extraordinary Tide-Waiters allowed no Salary but only 3 shill a Day when Imployed To which add Noon-Tenders Watchmen and abundance of other inferiour Officers The Excise Office is Kept in a stately House in Broad Street where this Revenue is also managed by Seven Commissioners who receive here the whole Product of the Excise all over England and pay it into the Exchequer They have each of them 1000 l. Salary per Annum and are obliged by Oath to take no Fee nor Reward but from the King only Under these is A Register and Secretary 500 00 00 An Auditor who for himself and Clerks is allowed 700 00 00 A Comptroller and his Clerks 1240 00 00 There are other considerable Places belonging to this Office both within Doors and without which are injoyed and officiated by very sufficient Persons Particularly the House-Keeper's Place worth 400 l. per Annum And to collect the Excise-Duty all over the Kingdom a great Number of Men appointed for that purpose whose Salary is 20 shill a Week But 't is Observable that from the foresaid Commissioners there lies an Appeal to five others called the Commissioners of Appeal whose yearly Salary from the King is 200 l. each These and all other Their Majesties Revenues are paid at Westminster into the Exchequer that Ocean of Treasure which receives all those Streams and returns them again to refresh the Kingdom by the constant Payments out of it Whereby is caused a great Circulation of Mony throughout the Land And as there are a great many Officers for Collecting the King's Revenues so there are not a few to Receive and Disburse the same according to His Majesties Order The principal Officer is the Lord Treasurer One of the Great Officers of the Crown Whose Place is sometimes as it is at this present managed by Commissioners appointed by His Majesty The next is the Chancellour of the Exchequer an Officer of great Account and Authority whose Power extends not only in the Exchequer Court but also here in the managing and disposing of the King's Revenue He is Under-Treasurer has the Exchequer-Seal in his Custody and a Superintendency over the Lord Treasurer's Roll. The Places of the Comptroller of the Pipe of the Clerk of the Pleas the Clerk of the Nichils and the two Praisers of the Court besides the Seal thereof are all in his Gift Then there are two Chamberlains who 〈◊〉 in their Custody many ancient Records the Standards of Monies Weights and 〈◊〉 and Doomsday Book otherwise called 〈…〉 Book of the Exchequer First Known by the Name of Rotulus Wintoniae and since named Doomsday Book as containing an exact account of all the Lands of England with the true Value of them and their Owners Names So that when this Book was opened upon any Difference the Cheat appeared and Judgement was given accordingly This Tax-book has been written above
eldest Son is Frederick the Heir apparent born in the Year 1671 and the two others are Christiern and Carolus The Duke of Glocester is the only Son and Heir of their Royal Highnesses the Prince and Princess of Denmark He was born July 24th 1689 and on the 27th he was Christened at Hampton-Court by the Lord Bishop of London and named William the King and the Earl of Dorset Lord Chamberlain of His Majesties Houshold being Godfathers and the Lady Marchioness of Hallifax Godmother CHAP. XIX Of the Nobility of England THE English Nobility is divided into five Degrees Viz. Duke Marquess Earl Viscount and Baron And they are called the Peerage of England because they are all Peers the Barons as well as the rest They have also all of them the Title of Lord. All these Honours are given by the King who is the sole Fountain of Honour and whatever Title a Subject of England receives from any forein Prince is not only Insignificant here but Unwarrantable by Law All Noblemen at their Creation have two Ensigns which signify two Duties Their Heads are adorned in token that they are to assist their King and Country with good Counsel in time of Peace and they are girt with a Sword as being to support the King and defend the Kingdom with their Lives and Fortunes in time of War A Duke is created by Patent Cincture oâ— Sword Mantle of State Imposition of A Cap and Coronet of gold on his head and a Vergâ— of gold put into his hand A Marquess and aâ— Earl by Cincture of Sword a Mantle of State with a Cap and Coronet put upon him by the King himself and a Patent delivered into his hand Viscounts and Barons are made by Patent and these sometimes by Writ whereby they are called to sit in the House of Lords All the Peers have Coronets but with these Distinctions A Baron has six Pearls upon the Circle a Viscount the Circle of Pearls without number an Earl has the Pearls raised upon Points and Leaves low between a Marquess a Pearl and a Strawberry-leaf round of equal height and a Duke Leaves without Pearls Only the Dukes of the Royal Blood bear like the Prince of Wales a Coronet of Crosses and Flower de Luce. Which is the same with the King 's excepting the Arches Globe and Cross on the top of the King's Crown But the greatest Distinction amongst the Nobles is their Parliament Robes in their several Gards on their Mantles and short Cloaks about their Shoulders For a Baron has but two Gards a Viscount two and a half an Earl three a Marquess three and a half and a Duke four Besides that the Mantle of a Duke Marquess and Earl is faced with Ermine that of a Viscount and Baron with plain white Furr Dukes were at first so called a ducendo being anciently Generals and Leaders of Armies in time of War Marquesses from their Government of Marches and Frontire-Countries Earls in Latine Comites because they had the Government of Counties Viscounts in Latine Vice-Comites as being Assistants or Deputies in the Government of Counties Barons according to Bracton quasi Robur Belli the safety of the King and People in Time of War depending upon their Courage and Skill in Martial Affairs Anciently a Duke was made so for Term of Life then held by Lands and Fees till Dukes came to be Titular and Hereditary In those Times likewise there was no Earl but had a County or Shire for his Earldom who for the support of his State had the third Peny out of the Sheriffs Court issuing out of all Pleas of that County whereof he was Earl Also those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part that is of 400 Marks each Knights Fee being 20 l. And whoever had so much was wont to be summoned to Parliament But then 100 Marks was as much as 2000 pounds at this day as may be guessed by comparing the Prices of Things 'T is true King Henry III after he had with much ado suppressed his Barons called by Writ unto Parliament only such great Men as had continued loyal or were like so to be Which Example being followed by his Successors they only were accounted Peers of the Realm that were so called by the King 's special Writ Till Barons came to be made by Patent as well as by Writ and at last most by Patent which makes it hereditary But there are Barons in England that have noâ— share in the Peerage as such viz. the Barons of the Exchequer and the Barons of the Cinque-Ports Such as these the Earls Palatines and the Eath of England Marches had anciently under them and such there are yet in Cheshire The chieâ— Burgesses of London were also called of oâ— Barons All Dukes Marquesses and Earls at this day have their respective Titles from some Shire or part of a Shire Town or City Castle Park or Village Except two Earls whereof one is Officiary and the other Nominal the first being the Earl Marshal of England and the last the Earl Rivers who takes his Denomination from an Illustrious Family Barons are so denominated from their chief Seat or a Castle belonging to the Family Which is not to be divided amongst Daughters if there be no Sons but must descend to the eldest Daughter None of these Honours can be lost but these two Ways Either by want of Issue male except where the Patent extends to Issue female as sometimes it does Or else by some heinous Crime and then it cannot be restored to the Bloud but by Act of Parliament A Duke has the Title of Grace given him and the other Peers that of Lordship on Honour Accordingly we commonly give to these the Epithet of Right Honourable All Dukes and Marquesses Sons are called Lords by the Courtesy of England and the Daughters Ladies I say by the Courtesy of England for the Law makes no such Distinction but looks upon all as Commoners that have no Right to sit in the House of Peers Of an Earl none but the eldest Son is called Lord though all the Daughters be Ladies And as for the Issue of Vicounts and Barons none of their Sons is Lord nor of the Daughters Lady A Dukes eldest Son is called Lord Marquess and the younger Sons by their Christen-names with the Title of Lord prefixt as Lord William Lord Thomas c. A Marquesses eldest Son is called Lord of a Place and the younger Sons as those of a Duke that is by their Christen-names with the Title of Lord prefixt as Lord William Lord Thomas An Earl's eldest Son is born as a Viscount and called Lord of a Place In point of Precedency this is the Rule Af-the Princes of the Bloud the first amongst the Nobility are the Dukes and these are thus followed Viz. Dukes Marquesses Dukes eldest Sons Earls Marquesses eldest Sons Dukes younger Sons Vicounts Earls
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
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-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
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
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
Writs These are in the Gift of the Lord Chief Justice and hold for Life As also The four Exigenters whose Office is to make all Exigents and Proclamations in all Actions where Process of Outlawry does ly Now an Exigent is a Writ so called because it requires the Parties Appearance to answer the Law and lies against a Transgressor of the Law that can't be found nor any of his Goods within the County Whereupon he is Summoned by the Sheriff at five several County Courts and if he appear not he is Outlawed that is excluded from the Protection of the Law Which looks upon him as unworthy of it that acts in contempt of the Law Lastly there are four Criers and a Porter belonging to this Court CHAP. VI. Of the Courts of Exchequer and Dutchy of Lancaster THese two I joyn together because they both concern the King's Revenue and take Cognizance of all Causes arising from it The Judges of this Court are called Barons of the Exchequer ever since Barons of the Realm used to sit here as Judges though in latter times Men learned in the Law have usually filled up this Station They are commonly four that sit in this Tribunal as in the two former Courts the principal whereof is stiled Lord Chief Baron But 't is to be observed that the Lord Treasurer and the Chancellour of the Exchequer may sit here as Principal though they seldom do it The Lord Chief Baron is created by Letters Patents to hold this Dignity Quamdiu se bene gesserit which the Law intends for Life so that he is better fixed than either of the Chief Justices His Place is of great Honour and Profit In Matter of Law Information and Plea he answers the Bar and gives Order for Judgement thereupon He alone in the Term-time doth sit upon Nisi prius that come out of the King's Remembrancer's Office or out of the Office of the Clerk of the Pleas which can not be dispatched in the Mornings for want of time He takes Recognizances for the King's Debts for Appearances and Observing of Orders He takes the Presentation of all Officers in Court under himself and of the Mayor of London and sees the King's Remembrancer to give them their Oaths He also takes the Declaration of certain Receivers Accounts of the Lands of the late Augmentation made before him by the Auditors of the Shires and gives two Parcel-makers Places by vertue of his Office In his absence his Place is supplied by the other three Barons his Assistants according to their Seniority These Judges and those of the two former Courts of King's Bench and Common Pleas make up the Number of Twelve who all sit in on their Tribunals in Robes and square Caps Next to the four Barons of this Court is first the Cursitor who administers the Oath to the Sheriffs Under-Sheriffs Bayliffs Searchers Surveyors c. of the Custom-House Then the King's Remembrancer in whose Office are entred the States of all Accompts whatsoever concerning the King's Revenue except Sheriffs and Bayliffs Accounts Here also are taken all Securities either by Bonds or Recognizances to the King for the faithful Performance of those Persons imployed in the Collecting of his Majesties Revenue and for the Payment of his Debts And all Proceedings upon the said Bonds or Recognizances or any other Bonds taken in the Kings Name by Officers thereunto appointed under the Great Seal of England besides all Proceedings upon any Statute by Information for Custom Excises or any other Penal Law concerning the Kings Revenue are transmitted hither for the Recovery thereof and properly belong to this Office From whence accordingly issue forth Process to cause all Accountants to come in and account And as the Exchequer do's consist of two Courts the one of Law and the other of Equity all Proceedings touching the same are in this Office with many other Things relating to the Kings Revenue To this Office being in the Kings Gift belong eight sworn Clerks whereof the two first are called Secondaries The Lord Treasurer's Remembrancer who makes Process against all Sheriffs Receivers Bayliffs c. for their Accompts and into whose Office all Charters and Letters Patents upon which any Rents are reserved to the King are transcribed and sent by the Clerk of the Pettibag Out of this Office Process is made to levy the Kings Fee-Farm Rents c. This Office is likewise in the Kings Gift and there are several Clerks belonging to it the two first being distinguished from the rest by the Name of Secondaries The Remembrancer of the First-fruits and Tenths who takes all Compositions for the same and makes Process against such as do not pay them He has two Clerks under him The Clerk of the Pipe who receives into his Office all Accompts which pass the Remembrancer's Office He makes Leases of the Kings Lands and extended Lands when he is ordered so to do by the Lord Treasurer and Chancellor of the Exchequer or the Lords Commissioners of the Treasury He has under him 8 sworn Clerks by whom all Accounts of Sheriffs and Bayliffs are made up and when the Accounts are even he gives the Accomptants their Quieâ—us est All Tallies which vouch the Payments contained in such Accounts are examined and allowed by the chief Clerk in the Pipe called the Secondary The Comptroller of the Pipe who writes out the Summons twice every Year to the high Sheriffs to levy the Debts charged in the great Roll of the Pipe He also writes in his Roll all that is in the great Roll and nothing entered in this can be discharged without his privity The Forein Opposer whose Office is to oppose all Sheriffs upon the Schedules of the Green Wax This Office is kept in Grays-Inn The Clerk of the Pleas in whose Office all the Exchequer Officers and other Debtors to the King are to plead and be impleaded as at the Common Law The Reason why it is done here is because their Attendance is required in this Court. And therefore here are four sworn Attorneys The Clerk of the Estreats who receives every Term the Estreats or Extracts out of the Lord Treasurer's Remembrancer's Office and â—rites them out to be levied for the King He â—lso makes Scheduâ—es of such Sums as are to be â—ischarged A Clerk of the Parcels and another of the â—ichils Two Auditors of the Imprest who Audit the great Accompts of the Kings Custoâ—s Wardrobe â—int First-fruits and Tenths Naval and Miâ—tary Expences Moneys Imprested c. Seven Auditors of the Revenue who Audit all Accompts of the Kings Lands Revenue and all Taxes granted by the Parliament There are also several Receivers of the Kings Revenues arising from Lands and Rents whose Accompts are yearly made up by the Auditors To which add a Receiver of the First-Fruits Revenue As for the Tenths the Bishops are Collectors of them and account yearly for the same But there are two other considerable Officers not to be omitted viz. the Deputy Chamberlains In whose
the Letter T. for a Thief or M. for Manslayer Then he is delivered to the Bishops Officer to be kept in the Bishops Prison from whence after a certain time he is delivered by a Jury of Clerks But if he be taken and found Guilty again and his Mark discovered then 't is his Lot to be hanged But he whom the Jury pronounces Not Guilty is Acquitted forthwith and Discharged paying the Jaylor his Fees And as to those Prisoners who stand not Indited but were only sent to Prison upon Suspicion the Way is to Proclaim 'em first in this manner A. B. Prisoner stands here at the Bar If any Man can say any thing against him let him now speak for the Prisoner stands at his Deliverance If upon this no Evidence appears against him he is set free paying the Jaylor his Fees Which Way of Deliverance is called Deliverance by Proclamation CHAP. X. Of the Court Martial and Court of Admiralty THE Court Martial otherwise called Court of Chivalry is the Fountain of Martial Law and is only held in Time of War for Martial Discipline The proper Judges of this Court are the Lord High Constable and the Earl Marshal of England which last is also to see Execution â—tone The Court of Admiralty is about Maritime Concerns and the Judge thereof is commonly 〈◊〉 Dr. of the Civil Law For the Sea being out of the reach of the Common Law the Proceeding of this Court in all Civil Matters is according to the Civil Law And whereas the Sea by its Flux and Reâ—ux advances and runs-back twice a Day which makes the Bounds of the Sea and Land â—ovable every Day It is agreed upon that 〈◊〉 far as the Low-Water Mark is observed is within the Counties Jurisdiction and Causes â—ence arising are Determinable by the Common Law But upon a full Tide the Admiral has â—urisdiction as long as the Sea-flows over â—ll Matters done between the Low-Water Mark and the Land So that here is as Dr. Chamberlain says Divisum Imperium between the Common Law and the Court of Admiralty Besides the Civil Law which this Court proceeds by great Use is made here of the Maritime Laws of Rhodes and Oleron two Islands the former whereof is in the Mediterranean not far from the Continent of Asia the other in the Ocean near the Mouth of the Garonne in the Bay of Aquitain The Rhodian Laws were compiled by the Inhabitants of Rhodes a People anciently very powerful at Sea and whose Maritime Laws were esteemed so just and equitable that the very Romans so skilful in making of good Laws referred all Debates and Controversies in Sea-Affairs to the Judgment of the Rhodian Laws Those of Oleron called le Rolle d' Oleron were made by Order of King Richard I theâ— possessed of Aquitain and being at Oleron Which proved such excellent Laws for Sea-Matters that they came to be almost aâ— much respected and made use of in these Western Parts as the Rhodian Laws in the Levant To which King Edward III added very excellent Constitutions concerning Maritime Affairs still in force In Imitation whereof several other Sea-faring Nations have done the like for their respective Sea-Trade As to Criminal Matters especially about Piracy the Proceeding in this Court of Admiralty was according to the Civil Law till the Reign of Henry VIII When two Statute were made for Criminal Matters to be trieâ— by Witnesses and a Jury by the Kings special Commission to the Lord Admiral where 〈◊〉 some Judges of the Realm are ever Commissioners The Writs and Decrees of this Court run in â—he Name of the Lord High Admiral or Lords commissioners executing that Office and are â—irected to all Vice-Admirals Justices of â—ace Mayors Sheriffs Bayliffs Constablesâ—â—arshals and other Officers and Ministers as â—ell within Liberties as without To this Court belongs a Register and a Marâ—al The Marshal attends the Court and carâ—es a Silver Oar before the Judge whereon â—e the Kings Arms and the Lord High Adâ—irals Here the Lord Admiral has his Advocate â—d Proctor by whom all other Advocates and â—â—octors are presented and admitted by the â—â—dge All the Places and Offices belonging 〈◊〉 this Court are in the Gift of the Lord â—â—igh Admiral and now of the Lords Comâ—issioners The Court is held in the Afternoon in the common Hall at Drs. Commons But the Adâ—iralty-Session for the Trial of Malefators and Crimes committed at Sea is still â—eld at the ancient Place viz. S. Margaret's â—ll in Southwark CAHP. XI Of the Court of Marshalsea the Courts of Conscience the Court of Requests disused the Forest-Courts and Pie-powder Courts THE first is the Court or Seat of the Knight Marshal of the Kings House where he judges of Debts for which the Party has been Arrested within the Kings Verge and sent to the Marshalsea Which iâ— a Prison in Southwark where this Court iâ— kept King Charles I. erected a Court by Letters Parents under the Great Seal by the Name oâ— Curia Hospitij Domini Regis c. which takes Cognizance more at large of all Causes thaâ— the Marshalsea could of which the Knight Marshal or his Deputy are Judges The Courts of Conscience are inferiour Courtâ— established and settled by Parliament in many Parts of the Realm for the Relief of poâ—â— People whose Debt do's not amount to forty Shillings So that by any of these Courts the Creditor may recover his Debt and the Debtor pay it at an easy rate As for the Court of Requests 't was a Court of Equity much of the same nature with the Chancery but inferiour to it Called Court â—f Requests as being principally Instituted for the help of such Petitioners as in conscionable cases dealt by Supplication with the King This Court followed the King and was not â—xt in any Place But in process of time it â—sumed so great a Power and grew so burdenâ—â— and grievous to the Subject that it was â—ken away together with the Star-Chamber 〈◊〉 Statute made in the Reign of Charles I. For the Conservation of the Kings Forests â—â—d to prevent all Abuses therein there are â—ree Courts established one called the Juâ—ice of Eyres Seat another the Swainmote and â—â—e third the Court of Attachment The first is or should be by ancient Cuâ—â—m held every third Year by the Justices Eyre of the Forest journeying up and down 〈◊〉 the purpose aforesaid Swainmote is another Court as incident to a forest as a Pie-powder Court to a Fair. By â—e Charter of the Forest it is held thrice a â—ear before the Verderors as Judges What â—hings are Inquirable in the same you may 〈◊〉 in Cromp. Jurisd fol. 150. The lower Court is called the Attachment because the Verderors of the Forest have thereâ— no other Authority but to receive the Attchments of Offenders against Vert and Veniâ—n taken by the rest of the Officers and to Inrol â—â—em that they may be presented and punishâ—â— at the next Justice-Seat Now the Attachments are made three
Sir Thomas Pilkington was chosen in his room In whose Person the Chance is turned almost quite contrary For if he do's outlive the Time appointed for his Mayoralty by his late Re-election instead of being Mayor but one Year according to the usual Course his Mayoralty will reach near two Years and a half Next to the Lord Mayor there are 26 Aldermen A Recorder Two Sheriffs A Chamberlain Besides the Vnder-Sheriffs the Town-Clerk or Common Clerk and a Remembrancer these two last being both Esquires by their Places The 26 Aldermen preside over the 26 Wards of the City a peculiar Alderman being assigned to every Ward Who has under him a certain Number of Common-Council-Men and one of them his Deputy besides Constables Scavengers Beadles c. Now the Aldermen who have been Lord Mayors and the three eldest Aldermen that have not yet arrived to that honourable estate are by the City-Charter Justices of Peace of the City Upon the Death of an Alderman the Lord Mayor issues out his Precept to the Ward whereof he was Alderman to chuse two substantial Men of the City and return their Names to the Court of Aldermen Which being done the Lord Mayor and Court of Aldermen select one of the two such as they judge fittest for that Station The Recorder is usually a grave and learned Lawyer well versed in the Laws and Customs of the City and in that Capacity is an Assistant to the Lord Mayor He takes his place in Councils and in Court before any Man that has not been Mayor and 't is he that delivers the Sentences of the whole Court The two Sheriffs of this City are also Sheriffs of the County of Middlesex They are yearly chosen in the Guildhall on Midsummer-Day by the Livery-Men of the respective Companies that is by the Citizens from among themselves A high Priviledge considering the Importance of this Magistracy especially in their power of Impanelling Juries Yet my Lord Mayor by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs In which Case the Usage has been for the Commons to confirm such a Person and to elect another to serve with him However the new-chosen Sheriffs are not sworn till Michaelmas Eve and till then they do not enter upon their Office If any of the Parties chosen refuse to hold he inours a Penalty of 450 l. unless he do take his Oath that he is not worth ten thousand pounds Each Sheriff has under him an Vnder-Sheriff and six Clerks viz. a Secondary a Clerk of the Papers and four other Clerks He has also a certain Number of Sergeants and every Sergeant a Yeoman The Vnder-Sheriffs have also Clerks under them The Chamberlain is an Officer of great Power in the City For without him no man can set up Shop or follow his Trade without being sworn before him neither can one be bound an Apprentice to any Tradesman but by his Licence He may Imprison any that disobey's his Summons or anv Apprentice that misdemeans himself or else he may punish him in another manner But these are only general Notions of the chief Officers and Magistrates of London for the Particulars I refer you to the Courts of Judicature in my Third Part. In relation to Trade which is the Life of this City the Traders thereof are divided into Companies which are so many Bodies Politique all injoying large Privileges granted by former Kings unto them Those Companies are in all about 70 twelve whereof are called the Chief Companies Viz. The Mercers The Grocers The Drapers The Fishmongers The Goldsmiths The Skinners The Merchant Taylors The Haberdashers The Salters The Iron-Mongers The Vintners The Cloth-Workers Each Company or Mystery has a Master yearly chosen from among themselves and other subordinate Governours called Wardens and Assistants Such is the Harmony of this Government that these Companies do exactly correspond to the general Government of the City by a Lord Mayor and Common Council who are selected out of these several Companies For he that is chosen Lord Mayor must be free of one of these 12 Companies and if he be of any other Company he presently removes to one of these Which have got so great Credit and Reputation in the World that several Kings have honoured some of them by taking their Freedom thereof The present King was lately pleased to accept of the Freedom of the Company of Grocers presented to Him in a golden Box in the Name of the City by Mr. Box upon which he was Knighted by His Majesty In short such are the Priviledges of the Citizens of London that they are Toll-free throughout England And the Lord Mayor usually at the Request of any Citizen that trades in remote Parts grants him his Warrant or Certificate They have also the Priviledge to keep out all Artificers and Handicraftsmen not free of the City So that if a Freeman of London do imploy any such to work within the City or Liberties he is liable to the Forfeiture of 5 l. a Day and an Action lies against him for the same An Alien indeed may be imploy'd six Weeks but no longer And how severe soever this may seem to Foreiners yet it is grounded upon Equity For were it not for that Priviledge here would be such a Concourse of Foreiners that it would prove as it has by Experience the utter undoing of a great Number of poor Citizens and Freemen whose Livelyhood depends upon their Handicrafts Another great Priviledge they have is their sending no less than four Members to Parliament which is twice the Number of other Cities and Borough-Towns in England And it is observable that their Members do usually appear in their Scarlet-Robes the first Day the Parliament sits when all other Members except the Speaker of the House appear in their usual Habit. Thus the Lord Mayor of London under the gracious Influences of the English Monarchs makes a Figure more like a Prince than a Subject And the Citizens of London though under the same general Government as all the rest of the Kings Subjects yet live within themselves blest with so many Advantages that I can compare them no better than to the old Citizens of Rome under the best of their Emperours And indeed the main Thing which has incouraged Trade here to that degree as to render this Place so rich and flourishing is the great Charters Priviledges and Immunities it is invested with by the Munificence of several of the former Kings Whereby the Londoners are Impowered to chuse their own Magistrates to do themselves Justice to maintain their own Peace and pursue all the good and advantagious Ends of Trade with the better Success and greater Security In order to which they keep within themselves many Courts and Councils where they make Laws for the better Government of the several Ranks and Orders of Men among them And though these grand Priviledges were judged to be forfeited by the Court of Kings Bench upon the Quo
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
Congregation and utter what comes next They use no Sacraments and consequently they are but half Christians Their Principle is for Equality amongst Men which of it self tends to Anarchy Therefore they shew respect to no Man tho they love it well enough from Men of other Principles They Thou all Men Kings and Coblers alike without any distinction and pull off their Hats to none They affect a singular Plainness in their Speech in their Garb and in their Dealings They are for plain Yea and Nay and not a word of an Oath tho imposed by the Magistrate A Ribbon a Loop or a Lace is a mortal Sin with them and this Plainness I should not much condemn if Pride did not lurk under it In their Dealings they have indeed got a good Name and â— hope it is not groundless though some unlucky men have endeavoured to check it by representing them as a crafty and subtle Generation These are the principal Sects that are now 〈◊〉 this Kingdom Besides the Roman Catholicks properly called Recusants whose Number and interest is much decayed since the Fall of King â—ames As for Ranters Adamites Familists Antinoâ—ians Sweet-Singers Muggletonians and I know not what else as they suddenly sprung up like â—â—shrooms so they are in a manner dwindled â—nto nothing And indeed their Opinions were â—oo blasphemous and senseless to hold out long â—ongst Men of any Sense In Conclusion 't is observable how the Difference of Sentiments in Matters of Religion â—â—ters the very Temper of Men of the same â—lation so that one would think they don't â—reath the same Air nor live in the same Cliâ—ate The Church of England Men as sober â—â—d reserved as they are comparatively to a â—eighbouring Nation yet they are far more â—ee sociable and open-hearted than the geâ—erality of the Dissenters Who looking upon â—emselves as the sober Part of the Nation 〈◊〉 on a Countenance accordingly I won't â—etch it so far as to call it starched stern auâ—â—re and morose but grave it is in the highâ—â— degree If those inâ—line to Jollity these â—e foâ— Melancholy If to Prodigality these â—e for Penuriousness If some of them be â—ilty of Libertinism 't is ten to one but some 〈◊〉 these prove guilty of the opposite Sin which the fouler of the two though the less contagious Lastly if the Churchmen in their way of Dealing buy of all Men without any distinction for Conscience sake these out of Brotherly kindness trade most amongst themselves So true it is that the very outward Profession of Religion works upon the inward Parts either for better or for worse This Observation may be further Illustrated by the late Conduct of the French a Nation which for many Ages has been lookt upon as aâ— Pattern of Civility and good Manners To see how a false Notion of Religion has turned in that Kingdom Men into very Brutes and Genteelness into Barbarity is almost past my Understanding The Popish Massacre of the French Protestants in the Reign of Charles IX as cruel and bloody as it was was nothing to the late refined Persecution In that Massacre those that suffered were presently dispatched and rid of their Sufferings but in this Persecution a present Death of the Persecuted was a Penance to the Persecutor For the Design of the Persecutors was not to take away the Lives of Protestants but all the Comforts of their Lives by Want and barbarous Usage spoiling anâ— plundering dark Prisons and loathsom Duâ—geons by parting the Husband and Wife anâ— robbing Parents of their dearest Children Anâ— all this to humour a fancy of a proud Monarch who never knew much of any Religion anâ— yet would have all his Subjects to be of hiâ— by fair or foul means right or wrong Wheâ— he thought he had pretty well robbed hâ—â— Neighbouring Princes this Giant-likâ— Monarch made War with God himself and weâ— about to undermine his Kingdom over Meâ— Consciences I have but one Reflection more upon our seâ—eral Ways of Worship Which is that the Dissenters serve God Slovenly the Church of England Decently and the Papists Gaudily Est in Medio Virtus CHAP. VI. Of the English Government in general ENGLAND if we except the late distracted Times before the Restauration of Charles II has been always governed by Sovereign Princes Before the Romans came in the Britains being divided into several Nations each of them was governed by its own Kings and particular Princes When Britain became a Member of the Roman Empire then the Britains were under the Roman Emperours Yet so that many of their Tribes had their own Kings who were suffered â—o govern by their own Law but then they â—ere Tributary Such Kings were Codigunus â—â—d Prasitagus mentioned by Tacitus Lucius â—he first Christian King and Coilus the Father 〈◊〉 Helena Mother of Constantine the Great â—nd 't is observable that the Policy of the Roâ—ans in suffering Kings in the Conquered Counâ—ies was to make them as Tacitus says Serâ—tutis Instrumenta that is instrumental to the â—oples Bondage After the Romans had quitted the Stage of Britain upon the Irruption of the Huns into Italy in the Empire of Honorius which hapned in the Fifth Century the Kingly Government returned to the Britains Who chose for their King Constantine Brother of Aldroinus King of Britany in France a Prince of the British Blood To whom succeeded Constantius his Son then Vortiger who usurped the Crown and to defend his Title against his Enemies first called in the Saxons These having got sure footing in this Kingdom never left the Britains quiet till they were possessed of the Whole And though they were overthrown in many Battels by King Vortimer the Son and immediate Successor of Vortiger and afterwards by King Arthur One of the Worlds Nine Worthies yet the Britains were soon after his Death so broken and weakened that they were forced at last to yield and to exchange this Part of Britain for the Mountains of Wales Thus the Britains left the Stage and the Saxons entred but still with a Regal Power By these the Country was divided into Seven Kingdoms the several Names and Extent whereoâ— you have in my First Part. But for the further satisfaction of the Reader I shall heâ—â— subjoyn the Names of the first Kings with thâ— Dates of their Accession to their respectivâ— Kingdoms The first King of Kent Hengist 455. The first King of South-Saxons Ella 488. The first King of West-Saxons Cerdic 522. The first King of East-Saxons Erchenwin 527. The first King of East-Angles Offa 575. The first King of Northumberland Ida 549. The first King of Mercia Criodda 582. This Heptarchy continued thus for several Ages separate and distinct till the prevailing Fortune of the West-Saxons united them all into one by the Name of England Which hapned Anno 819 in the Reign of King Egbert the last King of the West-Saxons and the first of England Who having vanquished all the rest of the Saxon Kings and added most of their
Estates to his own caused the whole united Body to be called Engel-lond since turned into England in a Parliament or Council held at Winchester in the Year aforesaid And by that Name he was then crowned in the presence of his Nobles and the rest of his Subjects Though the Truth is King Alfred a Grandchild of Egbert was he who totally united the Saxon Heptarchy into one Estate Thus from the Time of Egbert to this present Time England has continued a Monarchy above 870 Year First under 15 Kings of the Saxon Bace then under 3 Danish Kings and next to them under Edward the Confessour and Harold II two Kings of the Saxon Blood Who were succeeded by four Norman Kings And after Stephen the last of the Four the Saxon Blood was again restored in the Person of King Henry II Anno 1155 in whose Blood the Crown has continued ever since Now the English Monarchy is none of those Despotical Monarchies where the Subjects like Slaves are at the Arbitrary Power and Will of their Sovereign An unnatural sort of Government and directly contrary to the true end of Government which is the Preservation Welfare and Happiness of the People And what Happiness can a People propose to themselves when instead of being protected they may be plundered and murdered at the will of their Prince Men had as good live in a state of Anarchy as ly at some Princes Mercy whose unlimited Power serves only to make them furious and outragious And where lies the Advantage when the King proves a cruel Tyrant to be Robbed or Murdered by a Royal or a common Robber The Government of England Thanks be to God is better Constituted 'T is a Monarchy but not with that Dominion which a Master has over his Slave For then the King might lawfully sell all his Subjects like so many Head of Cattel and make Mony of his whole Stock when he pleases Here the Legislative Power is divided betwixt the King and his People but the Executive Power is lodged solely in the King Here the King has his Prerogative which is the Support of the Crown and the People their Priviledges which assert their Liberty If the King stretches his Prerogative so far beyond its Bounds as to overthrow the Liberty of the Subject he unhinges the Government and the Government being dissolved He and the Nation are to seek as in the late King's Case If any part of the Subjects incroach upon his Prerogative they undergo the lash of the Law which is no less tender of the Kings Prerogative than of the Subjects Liberty But the Question is in case of a Difference betwixt the King and his People who is a competent Judge To answer this Objection I shall make use of the Inquiry into the Measures of Submission to the Supream Authority 'T is to be considered says the Learned and Judicious Author that some Points are justly disputable and doubtful and others so manifest that any Objections made against them are rather forced Pretences than so much as plausible Colours If the Case be doubtful the Interest of the publick Peace and Order ought to carry it But the Case is quite different when the Invasions that are made upon Liberty and Property are plain and visible to all that consider them But upon such an Invasion how can the Subjects of England take up Arms against their King when the Militia is by several express Laws lodged singly in the King and those Laws have been put in the form of an Oath which all that have born any Imployment either in Church or State have sworn So that though the Subjects have a Right to their Property by many positive Laws yet they seem now to have no Right or Means left to preserve it And here seems to be a Contradiction in the English Government viz. a publick Liberty challenged by the Nation and grounded upon Law and yet a Renouncing of all Resistance when that Liberty is invaded and that also grounded upon Law This is indeed the main Difficulty But in Answer to it this we must take for a general Rule when there seems to be a Contradiction between two Articles in the Constitution That we ought to examine which of the two is the most evident and the most important and so fix upon it then we must give such an accommodating sense to that which seems to contradict it that so we may reconcile 'em together 'T is plain that our Liberty is only a Thing that we injoy at the Kings Discretion and during his Pleasure if the other against all Resistance is to be understood according to the utmost extent of the Words Therefore since the chief Design of our whole Law and of all the several Rules of our Constitution is to secure and maintain our Liberty we ought to lay that down for a Conclusion that it is both the most plain and the most important of the two And the other Article against Resistance ought to be so softened as that it do not destroy us If the Law never designed to lodge the Legislative Power in the King as it is self-evident 't is plain it did not intend to secure him in it in case he should go about to assume it Therefore the not resisting the King can only be applied to the Executive Power that so upon no pretence of ill Administrations in the Execution of the Law it should be lawful to resist him Another Proof that the Law only designed to secure the King in the Executive Power is the Words of the Oath which makes it unlawful to bear Arms against the King or any Commissionated by him For if the Commission be not according to Law 't is no Commission and consequently those who act by virtue of it are not Commissionated by the King in the sense of the Law Besides all general Words how comprehensive soever are still supposed to have a tacit Exception and Reserve in them if the matter seem to require it Thus Children are commanded to obey their Parents in all Things and Wives are declared by the Scripture to be subject to their Husbands in all Things as the Church is unto Christ For odious Things ought not to be suspected and therefore not named upon such Occasions but when they fall out they carry still their own force with them So by our Form of Marriage the Parties swear to one another till Death them do part and yet few doubt but that this Bond is dissolved by Adultery though it is not named In short when a King of England strikes at the very Foundations of the Government as the late King did and that his Maleversations are not only the effect of Humane Frailty of Ignorance Inadvertencies or Passions to which all Princes may be subject as well as other Men in such Cases that King may fall from his Power or at least from the Exercise of it and such his Attempts in the very Judgement of the greatest Assertors of Monarchy naturally
Ireland as a Name more sacred and replete with Majesty But the English never made a full and entire Conquest of that Kingdom till the latter end of Queen Elizabeths Reign upon the great Defection of the Irish Which ended in a total Overthrow of the Rebels then under the Conduct of Hugh O Neal Earl of Tiroen and the consequence of it according to the Rule That every Rebellion when 't is suppressed does make the Prince stronger and the Subjects weaker Which I hope will be the effect of the present Rebellion in that Kingdom But besides Great Britain and Ireland the King of England is possessed of Jersey Garnsey Alderney and Sark four Islands of good note especially the two first on the Coast of Normandy in France The same are holden in right of that Dukedom which was Conquered by Henry I of England and continued English till the Days of King John when Philip II of France surnamed Augustus seized on all the Estates the English had in France as Forfeitures Anno 1202. And since the French seized upon Normandy they have often attempted Jersey and Garnsey but always with repulse and loss So affectionate are the People to the English Government and jealous of the Priviledges they injoy under it which they could not hope for from the French In America the King of England is possessed of New-England Virginia Mary-Land New York Pensylvania Carolina and Hudsons-Bay Besides many noted Islands as New-found Land Jamaica Bermudos Barbados and amongst the Leeward Islands Nevis Antego Montserat Anguilla c. In Asia he has the Isle of Bombay near Goa which was Part of the present Queen Dowagers Portion besides Conveniencies for Traffick in India China and the Levant The same he has upon the Coast of Africk The King of England has a Claim besides to the Sovereignty of all the Seas round about Great Britain and Ireland and all the Isles adjacent even to the Shores of all the Neighbouring Nations Therefore all Foreiners Ships have anciently demanded Leave to Fish and to pass in these Seas and to this day lower their Top-Sails to all the Kings Ships of War Our Law faith the Sea is of the Liegeance of the King as well as the Land And accordingly Children born upon our four Seas as sometimes it does happen are accounted natural born Subjects of the King of England without being naturalized The King of England has moreover a Title to the Kingdom of France First Challenged by King Edward III as Son and Heir of Isabel the Daughter of King Philip the Fair and Sister of Lewis IX Philip V and Charles the Fair who reigned successively and died without Issue Male. To prosecute which Title he entred into France with an Army took upon him the Title of King of France and caused the Flower de luces to be quartered with the Lions of England which has been continued ever since amongst all his Successors The French opposing his Title by virtue of a pretended Salique Law disabling Women from the Succession to the Crown he overthrew in two great Battels with a small Force under the Conduct of the incomparable Edward the Black Prince his Son Duke of Aquitain Those were the Battels of Cressy and Poitiers the first being fought Anno 1343 in the Reign of Philip VI surnamed de Valois and that of Poitiers in the Reign of his Son King John who was taken Prisoner with Philip his Son and brought over into England But such is the Vicissitude of Humane Affairs that the English soon after lost all they had got in these Wars Calais excepted For Charles V of France the Son of John proved too hard for Richard II of England one of our unfortunate Kings the next Successor of King Edward III and his Grandson by Edward the Black Prince But Henry V his next Successor but one did so far pursue the Title of France that he won it after he had won the great Battle of Agincourt which happened Anno 1415. The Opportunity was great whether we consider the Weakness and distracted Condition of Charles VI then King of France or the very Distraction of the Kingdom at that time occasioned by the Faction of Burgundy against that of Orleans So that being sought to for Peace he granted it with these Conditions that upon his Marriage with the Lady Catharine Daughter to King Charles he should be made Regent of France during Charles his Life and after the Death of Charles the Crown of France and aâ—â— its Rights should remain to King Henry and his Heirs for ever which was agreed to â—n â—oth sides And though Henry did not live â—o possess the Kingdom yet his Son Henry VI â—ad the fortune to be Crowned King of France in Paris which he held during the life of his Uncle John of Bedford anâ— Humfrey of Gloâ—ester After whose Deaths he not only lost France to the French but England and his Life to the Yorkish Faction Thus Charles VII Son of Charles VI after 〈◊〉 long and bloody War recovered from the English then divided at Home all their Possessions in France except Calais Which last remained under the English till Queen Maries Reign and was taken from her by Henry II of France And ever since Things have remained much in the same Posture the Kings of England with the Title to France and the French Kings with the Possession Nay we have had two Kings of late so passionately inamoured with the present French King that far from attempting to take the least Flower of his Crown from him have promoted his Greatness and encouraged his Rapines and unjust Usurpations The Scope whereof at last appeared to be no less than the Inslaving this Nation with the Assistance of France and far from raising the Glory of the English to make them an Object of Scorn and Contempt to the World But now we are blest with a wise just and magnanimous King three Vertues that have been long absent from the Throne of England we may hope shortly to see France if not Conquered again at least so humbled and weakened that it shall not be in her power to insult and incroach upon her Neighbours as she has in our Time to the Ruin and Desolation of the best Part of Europe 'T was a notable if not Prophetick Answer which an Englishman made to a French Officer who after the English had lost France asked him in a scoffing manner When they would return thither Wheâ— your Sins says he â—â—re greater than ours As baâ— as this Nation 〈◊〉 been 't is apparent the French have far outdone us in their Pride and Lewdness Cruelties and Usurpations So that I hope from the Disposition of the present Affairs of Europe the Time is come for France to give an Account thereof to God and Man I come now to the King of England's Titles which run thus at present joyntly with Queen Mary William and Mary by the Grace of God King and Queen of England Scotland France and Ireland
short home some Ships wanting and others halting with part of what Men they had left alive half starved or sick to death as if they had come from Terra Incognita But the Paris Gazette made amends which celebrated this Expedition at that rate that one would have thought the Venetians Victory over the Turks in the Gulf of Lepanto fell short of this paultry one And to raise the Credit of the great Exploit at Tingmouth there Tingmouth was represented as a flourishing Harbour crowded with Men of War and Merchant Ships richly laden of which a Sacrifice was made to the new French Neptune Thus by a false and pompous Relation which indeed sounded much to the glory of a Hamlet the French Court designed to amuse the World to raise on the one side the Spirits of the drooping French and at the same time strike an Aw amongst the Confederates Which shews what shifts the French are put to in this Juncture of Time to support their Reputation What remains is to give an Account of Their Majesties Office of Ordnance relating to their Forces both by Sea and Land and Kept within the Tower of London Which Office concerns all the principal Preparatives and Instruments of War for the Defence and Safety of the Kingdom and has the ordering and disposing of all the Magazines as well for Sea as Land The principal of these Magazines is the Tower where there are Arms for 60000 Men and a fine Train of Artillery Kept with all stores proportionable This and all other Magazines in the Kingdom as those of Portsmouth Plimouth Windsor-Castle c. are under the Master-General of the Ordnance a Place of great Trust and of a general Influence over all the Kingdom Under whom there are Six principal Officers and others subordinate all holding their Places by Patent under the great Seal The principal Officers are The Lieutenant General The Surveyor The Clerk of the Ordnance The Keeper of the Stores The Clerk of the Deliveries The Treasurer or Pay-Master The Lieutenant of the Ordinance receives at the Board with the rest of the principal Officers all Orders from the Master General and is to see them duly executed In the Master General 's Absence he may make Orders upon Occasion for Things that are not of that high Importance as to require the King's or the Lord High Admiral 's Warrants He is to see the Train of Artillery and all its Equipage fitted for Motion upon any Occasion And from him â—ssue Orders for the discharging the great Guns when required upon Coronation-Days Festivals Triumphs and the like The Surveyor's Office is to survey all Their Majesties Ordnance and Stores in the Store-Keeper's Custody and to see them placed to the best advantage He is likewise to Keep Checque upon all Labourers and Artificers Works to see that all Stores brought in be good and serviceable and to allow all Bills of Debt The Clerk of the Ordnance records all Patents and Grants relating to the Office with the Names of all concerned therein Also all Instructions and Orders sent from the King to the Office or from the Office abroad with such Letters Instructions Commissions Deputations and Contracts as are for His Majesties Service He draws all Estimates for Provisions and Supplies to be made makes all Bills of Imprest and Debenturs for Work done or Provisions received and Keeps Quarter-Books for the Salaries and Allowances of all Persons belonging to the Office He likewise Keeps Journals of the Receipts Delivery and Returns of the King's Stores which serves as a Checque between the two Accompts of the Office the one for Mony and the other for Stores The Keeper of the Stores has in his particular Charge all the Ordnance and Stores For the safe Keeping whereof and giving a true Account from time to time he must give good Security He is to see that all the Kings Store-houses be well Accommodated and Kept iâ— good Repair and the Stores kept in such Oâ—der and Lustre as becomes the Service and Honour of His Majesty He is bound not to receive any Provisions but such as have been 〈◊〉 Surveyed by the Surveyor and proved by thâ— Proof-Masters Nor is he to issue any part of the Ordnance Munition or Stores but what is agreed upon and signed by the Officers according to the appointment of the Master of the Ordnance by the Kings Order or six of the Privy Council and if it be for the Use of the Navy by the Lord Admiral 's or the Commissioner's Warrant Neither is he to receive back any Stores formerly issued till they have been reviewed by the Surveyor and registred in the Book of the Remains The Clerk of the Deliveries draws up all Orders and Proportions for delivering any Stores or Provisions at any of Their Majesties Magazines and is to see the same duly executed And for the better discharging of the Store-Keeper he is by Indenture or Receipt to charge the particular Receiver of the Stores and to register both the Warrants for Deliveries and the Proportions delivered The Treasurer or Pay-Master makes the Payments of all the Salaries and Bills of Debt but so that no Mony is to be by him allowed to any Person without being listed or appointed to be paid by the Master General under his hand So that except Salaries all the Mony of the whole Office goes towards Building Buying in of Stores Fortifications and the like and all this Mony runs through the Pay-Master's hands Amongst the Subordinate Officers we may reckon in the first place the Master Gunner ef England Who is to shew the best of his Skill to all that are imploy'd in Gunnery in Their Majesties Service and at each ones Admittance to administer unto him an Oath which binds him not to serve any forein Prince or State without Leave and not to teach any Man the Art of Gunnery but what has taken the said Oath And before any one can be actually imployed as Their Majesties Gunner the said Master must be so well satisfied with his Skill as to Certify to the Master of the Ordnance his Sufficiency and Ability to discharge the Duty of a Gunner Here is also a Principal Engineer to whom are subordinate all the King 's other Engineers Most of whom have their Salaries and Allowances out of this Office from whence they receive their particular Orders and Instructions according to the King's Pleasure signified unto them by the Master of the Ordnance The Keeper of the small Guns is another Officer relating hereunto Who has the Charge and Custody of their Majesties small Guns as Musquets Carabines Pistols c. with their Furnitures I pass by a great Number of inferiour Men imploy'd in this Office as the Under-Clerks the Proof-Masters Messenger and great many Artificers such as the Master Gun-smith the Furbisher the Master Smith the Master Carpenter Master Wheel-Wright and others CHAP. XVII Of Their Majesties present Revenues and the Management thereof THE present publick Revenues of the King
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
presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original