the better in troubled Waters Yet whatever have been the Effects of it hitherto God has wonderfully defeated their Designs Insomuch that this Church formerly scattered and eclipsed in the Reign of Charles I restored but afterwards undermined by Charles II and lately threatned with utter Ruin by his immediate Successor is now by the special Providence of God in a Hourishing Condition under the happy Influence of our present King William the Restorer of our Laws Religion and Liberties As for the Spirit of Persecution which the Church of England has been charged with in relation to Dissenters it cannot be justly laid to her Charge For whatever has been done in that Case was but according to Law and the Penal Laws were made as all statute-Statute-Laws in a regular Manner by the Votes of Parliament the Representatives of the People as well Dissenters as others 'T is true the Church-Party proved the most predominant And yet in point of Execution the sober part of the Church were always very tender and none but hot Men amongst them ready for Execution Influenced thereto by the Court which far from designing the Dissenters Union with the Church used the Rigour of the Law to create an implacable Hatred betwixt the afflicting Church and the suffering Body of the Dissenters Which had a sutable Effect For these imbittered what with Fines what with Imprisonments tho according to Law failed not to clamour on all sides against the persecuting Spirit of the Church of England and against those bloudy Laws as they used to call ' em The Sense of their present state made them forget what they had done when they usurped the Regal Power and how busy they were to imprison to banish to sequester With Grief I rake up these old Sores and nothing but a just Desire of righting both Parties could have extorted this from me But now the Dissenters have got Liberty of Conscience by a late Act of Parliament with the ready Concurrence of the Church-Party in both Houses I hope there 's no Ground left for Animosities between the Church and Them And if the Presbyterians who are the nearest to the Church of England and the greatest Party among Dissenters now they have seen so much of her incomparable Learning and invincible Stedfastness to the Protestant Religion and Interest would but shake off their groundless Prejudices and prefer the happiness of a Reunion before the Danger of a Schism what a Blessing it would prove to this Nation is almost unconceivable 'T is not long since the Church was their Sanctuary when they expected no Mercy from a late King who came to the Throne full of Resentment and Indignation against them Tho afterwards to compass his own Ends he tacked about and killed them almost with Kindness And why they should now separate from a Church which was so lately their Refuge when they crowded the very Church-Men out of Church it is past my Understanding For the Church of England is the same still Were they but so well-minded as to make the least step towards a Reunion I am assured the Church of England would be very forward to meet them Rather than they should continue their Separation and be Accountable to Gods Tribunal for it I am more than confident she would readily part with such Ceremonies as give 'em most offence But it is feared they would not be satisfied with those small Condescensions They are for more substantial Things which for Peace sake I shall forbear to name and leave for the Reader to guess The main Points wherein they differ from the Church of England is the Church Government and the publick Worship They hold that the Church was governed in the beginning by Presbyters or Elders and that it should be so governed still not by Bishops upon which account they got the Name of Presbyterians They except both against the latitude of the Bishops Power and the largeness of their Revenues as if neither of them could be used by the Clergy with Christian Moderation But it is more probable the unshaken fidelity of Bishops to Monarchy which many of the Dissenters were never very fond of sticks most in their Stomack For publick Worship they use no Liturgy wherein they differ from the Protestanâ— Churches beyond Sea They look upon Seâ— Forms as dead Prayers and delight only oâ— Extemporal Therefore the Lord's Prayer iâ— in a manner exploded by the rigid Sort oâ— them Yet one would think when their Minister prays before the Congregation his Prayer â—s a set Form to such as pray with him The Surplice the Sign of the Cross the bowing â—t the Name of Jesus and the kneeling at the Communion are to them so many Sins They deal plainly with God at least in outward appearance and are resolved as far as 〈◊〉 see to serve him without Ceremony Great Predestinarians many of 'em are and very strict Observers of the Sabbath In short their apparent Soberness in Conversation and Zeal in their Devotion has so increased their Number that they are lookt upon as the chief Party amongst all the Dissenters Next to whom both in their Opinions and Number are the Independents or Congregationalists So called for that they will have every particular Congregation to be ruled by their own Laws without dependence upon any other in Church-Matters For they prefer their own Gathered Churches in private Places to the publick Congregations in Churches which in contempt they call by the name of â—ceeple-Houses In most Things else they â—â—mp with the Presbyterians Except those particular Tenets some of 'em have intertainâ—d which for brevities sake I forbear to enumerate The riged sort of 'em called Brownists â—efuse to Communicate with any of the Reformed Churches The Anabaptists are so called from Rebaptiâ—ing those who coming to their Communion â—ere baptized in their Infancy For one of their chief Tenets is against Pedobaptism or baptizing of Children They hold besides â—hat Lay-people may preach As for those blaspheâ—ous Opinions their Fore-fathers have been charged with I hope few of the modern And baptists in England are guilty of them The Millenarians or Fifth-Monarchy-Men are so called from their Expectation of Christ's temporal Kingdom here on Earth for a thousand Years And this they ground upon several Places of Scripture which from a Spiritual they wrest into a Carnal Sense The Quakers are a sort of Enthusiasts so called because they use to quake and groan when they wait for the Spirit Whereas the Spirit of God is a Spirit of Peace and Quietness not to be found in Fire Earth-quakes and Whirl-winds but in the soft and still Voice They reject all Ministerial Ordinances and rail against premeditated Preaching oâ— Praying The Holy Scripture is no Rule for 'em to go by but Inspiration and the Light they pretend to is all in all with them So that any Man or Woman in their Meetings that fancies first to be seized with the Spirit is free to stand up for a Teacher to the
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
HONI SOIT QVI MAL Y PENSE XXX RR IE MAINTIENDRAI THE NEW STATE OF ENGLAND BRITANNIA I Sturt Sculp in ye Old Change THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary In THREE PARTS CONTAINING I. A Geographical Description of England in General and of every County in Particular with Usefull and Curious Remarks II. An Account of the Inhabitants their Original Genius Customs Laws Religion and Government of Their Present Majesties Their Court Power Revenues c. III. A Description of the several Courts of Judicature Viz. the High Court of Parliament Privy Council and all other Courts With a Catalogue of the present Officers in Church and State By G. M. LONDON Printed by H.C. for Ionathan Robinson at the Golden Lion in St. Paul's Church-yard 1691. To the Most Honourable THOMAS Marquess of CAERMARTHEN Earl of DANBY Viscount LATIMER Baron OSBORN OF KIVETON Lord President of His Majesties Most Honourable PRIVY-COUNCIL And Knight of the most Noble Order of the Garter This New State of England is humbly Dedicated by the Author TO THE READER 'T IS the late Revolution that has given birth to this new Piece of Work a New Face of Things required a New State of England And of all the Changes this Kingdom has gone through as this was the most sudden so it is the most wonderfull To see Popery in so few days crowing upon the Throne and groaning under its Ruins but t'other day upon the Pinnacle and now stunned with its sudden Fall is such a Change as may deserve the Admiration of this and future Ages In short such is our present Settlement upon Their Majesties happy Accession to the Crown that the Popish Party may assoon see a Protestant Pope of Rome as a Popish King of England Now to make this Work the more acceptable and usefull to the Publick I have divided it into three several Parts In the First you have a particular Description of ENGLAND in its several Counties of every County-Town with the Distance and the common Road to it from London the Metropolis and of all other Places of note in each County Here you have particularly a List of the Market-Towns in every Shire with the Days pointed when their Markets are kept also an account of most other Remarkable Things either of Nature or Art Besides the Honours or Noblemens Titles from Counties Cities Towns Mannors c. And the Number of Men each City or Borough sends to serve in Parliament I conclude this Part with a particular Description of London Oxford and Camidge London as the Capital City of England the Seat of its Monarchs and the Center of Trade Oxford and Cambridge as being the two famous Vniversities of the Land and the glorious Seats of the Muses The Second Part treats of the INHABITANTS of England their Complexion Temper Genius Language c. Of the English Way of Living Commerce Laws Religion and Government Of the King of England and the Royal Family particularly of the present King WILLIAM and Queen MARY with a brief Relation of their Accession to the Crown and the Vnreasonableness of the Disaffected Party under their Government Of Their Majesties Court Forces and Revenues Of the Queen Dowager the Prince and the Princess of Denmark Of the Nobility Gentry and Commonalty Of the Episcopal Dignify'd and Inferiour Clergy And lastly of Women Children and Servants All of them with their respective Priviledges The Third and last Part is about the COURTS of JUDICATURE Viz. The High Court of Parliament with a large Account of their Proceedings Orders Debates Passing of Bills and Acts c. Of the Privy-Council and there particularly of the Principal Secretaries of State Of the Chancery Kings-Bench Common Pleas Exchequer Dutchy of Lancaster and all other Courts To which is annexed a Catalogue of the chief Persons of the Realm both in Church and State Magistrates and Officers Civil and Military Who being subject to Change though the Offices continue the same I thought it improper to mix Certainties and Vncertainties together Therefore I chose rather to place the Officers together by themselves as I have done here than to have them dispersed where I speak of their Offices And from this Method you will reap this Conveniency that by Interleaving of the Catalogue only you may fill up Vacancies as they become void Thus you have as it were a Scheme of the whole Drift of this Book The Foundation whereof is that Ingenious Piece De Republica Anglorum written in Latin by Sir Thomas Smith Improved as you see and fitted to the present Times The Matter of it self is of a general Vse both for English and Foreiners and the Variety so great that it cannot but be Pleasant and Vsefull to the Reader THE TABLE For the First PART This Table contains the Names of the Towns and Cities Hills Islands Meers and Rivers and other Curiosities mentioned in the first Part of this Book And for such as desire only to know what County any of them lies in the Table it self will give them that Satisfaction without any further Trouble it being so contrived that it is in a manner a Geographical Dictionary for England A ABberforth in Yorks 259 Abbey-holm in Cumb 49 Abbey of Westminster 317 Abbots-bury in Dors 67 Abergavenny in Mon. 148 149 Advantages of England 7 Agmundesham in Buck. 30 Ailesbury in Buck. 30 31 Air of England 13 Alborough in Suffolk 204 208 Aldborough in Yorks 273 Aldermen of London 324 Alford in Lincolns 136 140 Alfreton in Derbysh 57 Alisford in Hampsh 95 Almondbury in Yorks 264 Alnewick in Northumb 168 170 Alney-Isle in Gloc. 87 Alston-Moor in Cumb. 49 Altrincham in Chesh 39 Ambleside in Westm 238 Amersbury in Wilts 246 247 Ampthill in Bedf. 27 28 Andover in Hamps 95 96 Antiquity of Oxf. and Cambr. 350 Appleby in Westm 238 Appledore in Kent 112 Are a Yorks River 256 Arrow a River of Heref. 103 Artillery Company in London 329 Arun a Sussex River 224 Arundel in Sussex 225 227 Ashbourn in Derbysh 57 Ashburton in Devonsh 61 Ashby in Leicest 131 Ashford in Kent 112 Aspley in Bedf. 28 Atherston in Warw. 234 235 Attlebury in Norf. 153 Auburn in Wiltsh 246 Aukland in the Bishoprick of Durham 76 77 Aulcester in Warw. 234 Avon the Name of several Rivers 85 92 c. Axebridge in Somers 192 194 Axholm an Isle in Lincolns 139 Axminster in Dev. 61 B BAkewell in Derbysh 57 Baldock in Hartf 100 Bampton in Oxf. 178 179 Banbury in Oxf. 178 179 Banquetting House at Whitehall 316 Barkin in Essex 81 BARKSHIRE 22 Barnesly in Yorks 259 Barnet in Hartf 100 102 Barnstaple in Dev. 61 63 Barnwel in Linc. 136 Barristers in Lond. 304 Barton in Linc. 136 139 Barwick in Northumb. 168 Basingstoke in Hamps 95 96 Bath in Somers 189 Battel in Sussex 225 228 Battersea in Surrey 221 Bautrey in Yorks 259 Beaconfield in Buck. 30 32 Beckles in Suffolk 204 209 Bedal in Yorks 273 Bedford 26
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
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-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
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
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