Chapter XIV: Part 14

Besides this there are in most Lordships, Courts kept which are Courts Banns and was at first the only jurisdiction by Each gentleman held, all misdemeanours punished, and by them Informed up to the higher courts of Kings Bench or Chancery, and alsoe had all their own privelidges maintained amongst their tennants and neighbours, and Consisted of a Court Life also which ran in y^e same nature with their session Courts. These our Laws are Esteemed the best in y^e world, we haveing two distinct parts, one Comon Law which is singular to our nation and are managed in these sessions, assizes, Kings Bench, and Common pleas, and Exchequor, the other is the Civil Law which is the only sort of Law in any other Kingdom, of which the Chancery, the Arches w^{ch} is under the archbishop and by his appoyntm^t to the severall Judges of that Court that are all Civillians, matters of Equitty, all probats of wills, w^{ch} in the Arches are made and recorded. This is in a place in the Citty the Doctors Commons where is this Court of Arches and prorogative Court which Consists of Doctors, Chancelours, Proctors, Suragats w^{ch} do y^e offices of Councellours attorney and Solicitours at Common Law. There are registers also from this at London. All the Bishops courts are kept in each Citty, managed by Chancelours which are Lay men, and the suragats, also the Bishops deputyes, the proctors, and parolers, which summons all to it, and there are four in a year in Each County. From hence are given out Licenses for marriages, here are y^e Cannon Laws of the Church explain’d and defended, all Church officers punish’d and examin’d, here are proceeding on Information all persons that infringe the Church Rites, and formerly all that were vitious and Corrupt in their practices, even of y^e Clergy also, and receiv’d suspension or some punishm^t due to the Crime, as Excommunication, but evil men and governours corrupt and Change wholesome Laws to Evil, so of Late these Laws have been put in Execution against tender Consciences that could not Comply to some forms prescrib’d in the Litturgy of the Church of England, and they have been Excommunicated, after which they are turned over to the Lay Chancellour and so prosecuted at Common Law because the spiritual Courts and men will not pretend to use the sword of punishment, but while they have turned its Edge thus against y^e tender Consciences scrupleing the forms of worship in the Church of England, they have Left punishing the enormous Crimes of their parishoners nay of their Clergy also, to the scandal of Protestants. Indeed blessed be God that since King William and Queen Mary of happy memory Weilded the scepter, and Liberty for such descenters have been Establish’d by an act of Parliam^t, of which houses shall now speake of. Our Kingdom is governed by Laws made and Establish’d pursuant to the first Constitutions and Magna-Charta, from which is derived all the Charters full of priviledges to each Corporation in the Kingdom, suiteable to their Customs and well being of each; these Laws are made and are not truely authentick if not Enacted and pass’d by our three states which is King, Lords and Commons, which Can make Laws for all Cases provided they are for the good of the whole and do not tend to subvert our originall Contract grounded on our Magna Charta or ffundamental Laws of the Land, which Constitution is by all the world esteemed the best if kept on each ones Basis, a tripple foundation, and when y^e King Exerts not his prerogative beyond its Limitts to the oppressing his peoples priviledges, nor the people exorbitant and tumultuous in the standing or running up their power and priviledges to Cloud and bind up the hands of the prince. But if it goes in an Equal and just footeing, the people whose is the purse and strength will maintaine the King and his Councellours, and they will do the best offices to the King from the people, and so the King might allwayes reigne in his peoples hearts by Love as well as over them, and they yeild duty and obedience to him, and securely repose in him that should so studdy to preserve them in all their privilidges and trade, which would procure us honour and admiration to the whole world, and Continue us too greate for Enemyes to invade or molest us and so great as to have all seeke to be our allies, and those that were so would find a secure trust and faithfull friends in us, but alas! its too sadly to be bemoaned y^e best and sweetest wine turns soonest sour, some by folly faction and wickedness have endeavour’d our own ruin, and were it not for Gods providentiall Care and miraculous works we should at this day been a people Left to utter dispaire haveing only the agraveteing thoughts of our once happy Constitution to Lament its Losse the more. To go on the Parliament which in Westminster Hall has appartments, the one for y^e house of Lords and Called the Upper House, where all the Lords which are not papists and w^{ch} are of age do sitt in their order on benches Covered with scarlet cloth, the Bishops Likewise sitt as peers of the realme and have voices in all Causes, but in bloud the sanguinary Laws and decision there on its said they may sitt, but they from their order in the Church alwayes go out, but they first make their claime that they might continue, but all other of y^e Lords if absent can give their proxy to another Lord and desire him to give his voice in matters debateable in his absence, and any such Lord Chuses another that he knows to be of his own sentiments, or should give him account at any case he should differ that may have the absent Lords real Consent, which has happened that a Lord has given his own voice one way and the proxy voice another as the absent Lord shall direct, but this is seldome and this is permitted because sickness or Extraordinary buissness of their own, the Kings, or the peoples, may require his absence. Now the Lords w^{ch} are peeres of the realme are born Councellors to the King and are Looked on as such, its true tho’ at all tymes they may and should give the King their advice yet y^e King has power and do make Choice of a privy Councill, which consist of Lords temporall and spirituall, w^{ch} are Bishops, and also out of some of y^e Commons of England which are the Gentry. In this house of Lords the judges as I said before sitts but have noe vote. The Lord Chancellor or Keeper of the Seale sitts and is speaker to that house, but if he be noe peer which sometymes happens, and is at this tyme in Right Lord keeper of the Seale, then I say he has no voice in any matter and serves them only as their servant or officer to put questions to Count their voice on their dividing on a matter, to make a speech to them from y^e King, and to present anything to y^e King, and he sitts on a wool-pack to just under the throne where the king sitts when there which is seldome but to pass bills. On each side of the throne is two stooles, y^t on the Right hand is for the Prince of Wales if any is, that on the Left to the first Duke prince of the blood royal or kings brother that is heir more remote. Behind the throne is a place for the noblemens sonns minors to be, to give them opportunity to heare and instruct them in the Laws of England. In the middle of the roome is tables w^{th} bookes and records, and there sitts the secretarys of state which are two, these with some under them take the minutes of what is debated and resolved. The Lords do form Law agreable to the fundamentall Laws in which the judges advise them. They thus form a bill which being in all poynts examined, all objections answered, and being well amended and passed three tymes, being read and agreed, is Carryed down to the Lower house which Consists of the Commons of England Chosen by a precept from the Crown to all the Sherriffs of the Countys to Chuse amongst themselves two of Each Corporation or Burrough, and two for each County which are Called knights of y^e shire, to represent them in this assembly. All that are free-holders of a County has a voice to Choose.

The Corporations and Burroughs Chuse by their freemen also, but because of the peculiar Customs and priviledges in each place it makes some variation. Those that have most of voices which are Legal to Chuse, the Bailiff or major of the place or sherriffs return up to the Crown office, from whence the precept Came, the Name of such persons so Chosen to sitt in the parliament. This was an Excellent Constitution and order when kept to its order that none were Chosen but the Gentlemen of the shire or town Living there, or Else the Chiefe of their Corporation that Lived there, by w^{ch} meanes they were fully instructed what was for the weale and good of Each place they serv’d for, and so Could promote designes for their advantage and trade and represent their Grievances to be redress’d, they also know the strength and riches of the nation and soe Could with a more Equal hand Lay y^e taxes on all answerable to their ability; but instead of this the nation is so Corrupted that what with hopes of prefferrment at Court or being skreen’d by their priviledges from paying their debts, which is thus: dureing the sessions or forty dayes before or after, such as are parliament men Cannot be arrested or troubled for money they owe, y^e reason at first was well grounded that these persons were known to be, and in Case a troublesome person had money due and had been delay’d by some Extraordinary Cause that this troublesome person might find such a one at the parliament house might Lay him in prison and so hinder y^e buissness of the nation. But this is abused to a great prejudice of the subject, men run out of their Estates strive to get into the Parliament to be skreen’d from their Creditors; and how Can those that are worth Little or nothing be good disposers of the kingdom treasure or priviledges, or stand up for them, but by this there is such bribeing by debauching by drinke and giving them mony, y^t Instead of the parliament men which use to be Chosen to be the Countrys representatives and servants, to whome they allowed soe much a day for their expences in London from their homes while attending the parliament, that now those that would be parliament men spend prodigious summs of money to be Chosen. Some to serve for knights of y^e shire have spent 1000 and 1500^{lb} and for Corporation and Burroughs in proportion, so y^t they Come in with design to be bribed by the Court or any body y^t has any buisness before them, y^t so they may be reemburz’d and may gaine more—some place at Least they Expect and these Care Little for y^e good of y^e nation, being for the most part perfect strangers to the places for whome they serve, and consequently to all their Circumstances and so can appeare for none of them to their advantage, indeed its their own game they mainly aime and pursue, for they have in their power to form good Laws suiteable to the fundamentall and Explanatory of such with additionalls to them, tending to the enlargeing as well as secureing their priviledges. Such Laws being brought in manner of a bill is read three tymes three severall dayes, so as all the members might or should have tyme to heare debate, consider and amend it, and Every member of this house of Commons that are so chosen and have met and take the oathes required of allegiance, they Come up to the house of Lords where y^e King meetes them and desires them to Chuse a speaker for themselves out of their own number, which they do and Come and present him to the King for his approbation, w^{ch} done the King makes them a speech and tells them what is requisite to be done relateing to the Crown, to fforreign things if any warre or any breach of peace any injury from thence, what is necessary to be done thereon, if any want of money which they only Can supply, the reasons of its wants, his promise well and faithfully to dispose it, he exhorts them to rectifye disorders in practice and soe dismisses them. This speaker of theirs is the Kings officer Dureing his being speaker and has a sallery and must keep a Great table. The king gives him one thousand pound presently to fitt him in his Equipage, he always goes in Coach or a foote haveing a mace carry’d before him, he has the advantage of all bills brought into the house a Certainty for Each, he has the advantage of all the votes printed, to sell them, he sitts in a Chaire above all the rest of the House to give him advantage to see or heare any member that speakes. He is to put all Questions, to Count the voices of noes and yeas on y^e division of the house. There are many Comittees in this house as well as in the Lords House, appoynted by the whole to Inspect severall buissness, and to form bills on such buissness to be brought in to the house. If it be a matter of great Consequence there may be a Comittee of the whole house which is only thus, y^e speaker Leaves his Chaire and they resolve themselves into such a Committee and debate matters, and for that tyme Choose a Chairman for the Committee. Then the speaker reasumes the Chaire and this Chaireman of y^e Comittee reports the debate of y^t Committee to the Speaker and whole House. When there is a full house, which may be never was, there is 500 as I said before. When they have pass’d a bill thrice through the house with approbation they send it up to the Lords, and if they pass it three tymes also without amendment then it is jnGross’d, haveing been pass’d the two states, and so Lyes ready to pass the Last which is the Kings Consent. But if either the bills sent down by the Lords are amended by y^e Comons, and when brought up to the Lords againe and they Like not those amendments then they Cast out the bill; so Likewise any bill sent up by the Commons for the Lords assent in Case they make amendments which y^e Comons Like not then they Cast out their bill; but if Each other agree to the amendments or pass the bills without amendment through both houses then they are Engross’d and prepared for the Royal assent, the third state of our government w^{ch} is in this manner. The King sends to y^e house of Lords to attend him in their own house, with their Robes w^{ch} are Scarlet Cloth with Earmine and Rows of Earmine w^{th} gold galloone on Each row, the rows are Encreassed to Each dignity and here y^e bishops weare robes w^{ch} are scarlet also, but they have about their neck a Large Cape w^{ch} hangs to their waste all round of a ffurr that Lookes Like Lambskinns, it hangs Like the Capes of the Cloakes y^e shepheards weare in the open plaine downes. The King enters; or the Queen as now it is—but I saw King William pass bills in his Royal Robes of Purple Lined Earmine w^{th} rows of Earmine and the crown on his head which was the Crown I spake of that had great pearles on the cross and saphires Rubies and Emeraulds—the Scepter in their hand—the Usher of the Black Rod is sent to the House of Comons to attend the King in the House of Lords which they do, with their Speaker that brings up such bills w^{ch} are so prepared and holds them in his hand, one by one presenting them to the King, who touches them with the scepter and sayes, “je le veux bieu” and so to all of them one by one, w^{ch} done if there be any thing necessary to be told them, the king either speakes to them or Else orders the Lord Chancellour or Lord Keeper to acquaint them of any thing in the Kings name if its the Kings pleasure to prorogue y^m for a few dayes weekes or months. Then that putts an End to that session till the tyme prefix’d and at that tyme they must meete againe without summons, and if they are not to meete so soone, y^e king Issues out a proclaimation y^t its his pleasure y^e parliament should be prorogued so much Longer. These prorogations allwayes puts an end to all debates and all bills which are not ffinished and brought the king to pass, so that at their meeteing againe they must begin the things they would have or were about the Last tyme anew. This prorogation is in the kings power and is often done for ten dayes only to put a stop to heares and debates in the houses, and also to put an end to something that is not Lik’d by y^e government. True Indeed they may begin y^e same things at their next meeteing, but if it be for the great and absolute service of the nation they may, but its contrived in another method so as not openly to Confront our governours, tho’ too often we have seen it in our dayes against our Glorious truely great King William whose wisdom and Compassion for our good pass’d it by and forgave it. Now in some Cases the King may and does call the Parliament by a proclaimation to sitt before the tyme of the prorogation be Expired which takes it off. The parliament does often adjourn themselves, as every night so sometymes for a weeke, but still the parliament is Look’d on as in sitting and so buisness is not jnterrupted but goes on from day to day as they appoint it. The king may also adjourn them and the two Houses may be adjourned together, but sometymes they may adjourn seperately, for one may adjourn themselves and y^e other Continue to act within themselves. Its also in the Kings power to dissolve y^e parliament w^{ch} puts a finall End to all their buisness which was not ffinished and brought to the King to pass, it also disperses the members of y^e House of Commons to be noe more representatives of y^e nation till another parliament be summon’d and y^e nation make new Choices, which sometymes and in some places falls on the old members. It is in the Kings prerogative thus to Call and disolve parliaments, to declare warre or peace and making alliances, but y^e Kings ought not nor do rightly undertake any such thing but by the advice of his standing Privy Councill, which I have spoken before, and so his proclaimations allwayes runs by and with the advice of his Privy Councill he does so and so, to which he joyns y^e great Councill of the nation w^{ch} is his two Houses of Parliament, Lords spiritual and temporall and Commons of England, when great matters are in agitation as y^t of peace or warre, w^{ch} is in y^e Constitution of the government, and strengthened by this that the sinnews of warre is in the people, for without them no money is to be had; they give the taxes and subsidies for such expences, nay y^e very revenue is given by them to the King or the Queen only dureing the then prince’s Life and must be asked of them that succeed at the death of their predecessors, at the death of such that is in the throne. Formerly the Parliament of Course was dissolved, all offices even to a justice of peace was vacant, but our wise King William contriveing only our good not only Laid a scheme which if be followed will carry on all the Confederacys and designes against the Common Enemy of mankind, but also as farre as he could to secure our peace w^{ch} was by obtaining an Act of Parliam^t that y^e parliament in being when y^e King died or Else the parliament but just then dissolv’d by the King, after he dies should assemble together to take care of the government and to act under y^e next prince for six months, and till that tyme all offices should remain as they were unless the next heir should before y^t full tyme were Expired should make any Change of places. This thing made the Loss of his death Less felt immediately and our Queen Ann found a quiet Easye ascention into the throne. there was also at the same tyme an Act to settle the succession in the protestant Line, and just before our heroe resign’d his Life crown and throne he pass’d an Act to secure us more firmly against any popish successour or pretended heirs to the Crown, by an abjuration oath to be taken by all subjects, of any prince thats a papist, w^{ch} Confirms the Acts of Parliam^t in years past which made a papist prince unable to be king or queen of England, because a papest. So this Engages the subjects to abjure all such or any of their abbettors or pretenders. This was a great pleasure to our dying king to Leave us with all the Security possible to Enjoy what he Came to save us in, and give us and what he had fought to obtaine for us, Liberty in religion and priviledges. I pray God we do not by our provokeing sinns move his anger not only to take from us our Benefactor and deliverer but also our said valuable Blessings and priviledges, the Gospel Light and being a free nation.

I should have said when the king Comes in his robes to the Parliament and all the Lords have theirs, so if there be any Prince of Wales he is also in his and weares his Prince of Wales Cap with a branch of diamonds in forme of a plume of feathers. He sitts in the house of Lords often—he may allwayes—to hear debates and to vote and he does present them to the king any of their addresses they desire, which he is attended with some of the Lords which are the privy Councellors; they bring back the kings answere. The Like is observ’d by the House of Commons, if they have any address or any petition to the king they desire some of their members which are of the Privy Councill to move y^e King when the House shall attend him or her, which they knowing do it and their Speaker is their mouth. So when they would have a Conferrence with y^e House of Lords they send to them to meete them in y^e painted Chamber or Lobby of their house; so does the Lords send to y^e Commons when they would have a Conferrence with them. These things are so well adjusted and so for the Common good that if Rightly maintain’d in their proper places would be a happy Constitution. All Acts of Parliament so pass’d are printed, but y^e records of them are kept in the journalls of y^e Parliament by the Clerke of y^e Parliament. To him are added in the House of Commons also scribes or secretaryes which record and take minutes also. Now it is on these Laws that all Causes are tryed, for there are Laws made of all sorts both what relates to religious matters as well as humaine; true indeed as to points of religion for Rectifying matters as to the orders and Church government, that is debated and agreed by a Convocation, which is allwayes summoned at y^e same tyme a parliament is Chosen, which Consists of two houses, also the Bishops and deanes, and off the Inferior Clergy, and is managed by way of debates and disputation which have a moderatour and prolocutors. Here they endeavour to reforme any abuse in the Church, any deffect in their Cannon Laws, and to Explaine those Laws and if they should find such, as in our religion not agreable to y^e word of God, they form it into a bill or petition which is presented the King in way of an address, he being owned as head and supreame under Christ over these Churches and realmes. So this is to request his Care of it which y^e King does by Laying it before y^e Houses of Parliament who Enacts Laws to secure our religion, and reforme evil both in Doctrine and practise by their Acts Duely pass’d. As I said before the arch-Bishop’s Chiefe of this convocation house.

Next I will proceed to give some short account of tryalls on our Laws which is thus. Every free man of England being oppress’d Comes in due form of Law to demand his right, which being heard by the judges and a jury of his own fellow subjects—his Country men—they give their verdict in the matter as they thinke most just according to the statutes and Laws, and so the right between man and man which does vary from y^e different Customs of Each County or precinct. This jury are twelve men all sworne on the Bible solemnly to do Justice, not out of feare, fraud or malice, favour or affection to jnjure any man, and y^e first man is their foreman and speakes for the rest, Either acquit or Condemns the person, w^{ch} is in Life or Death, so determining other Causes the same manner, and these twelve men must all be agreed in their verdict, which is after they have heard all Can be witness’d or alleadged on all sides, w^{ch} verdict the Judges also must pronounce on y^e Causes as they have brought it in. Now those suites of Law as well as Causes of Life and death are brought in by bill to y^e Grand-jury, which are twenty four and these all of the best Gentry and many of them justices of peace, they examine the matter and if they find it (that is by any Act of Parliament) is pleadable or to be enquired into, they draw it up into an jndictm^t and so its sent into the Court to be tryed by the Petty Jury, after whose Verdict and the Judges pronouncing it, the matter must be at an End and taken out of that Court. Sometymes indeed if the Subject is oppress’d he may appeale to another Court y^{ts} higher, as from the sessions to the assizes, thence to the Kings Bench, thence to y^e Chancery, or the Parliament House which when a matter has there been Debated and decided there Can be noe more done in it because they are the makers of the Laws so best able to Interpret. Sometymes in these other Courts a Jury brings in a matter speciall, that is, Leaves it on the Judges to determine being a matter of Law, then y^e Judges must Consult and do it all of them together.

All persons are tryed by those of their own ranke a Commoner of England is tryed by a Jury of Commoners in all Cases and of Life and death, a peer of England is tryed by his Peers, and in case it is not the tyme of y^e Parliament sitting, then by a bill of oyer and terminer issued out, there is 12 Peers are jmpannell’d as a jury. But I must mention one thing as to the petty Juryes of Commoners, a person which is tryed for his Life may Challenge some of those w^{ch} are brought to be sworne for his Jury, that is except against them to such a number without giving reason, but if he exceeds that number he must give reason for such exception, either to be a man he had injured or one w^{ch} had former malice or one related to y^e persons who Either is dead or injured; for our Laws Condemn to Death murther, fellony, treasons. By this order you see its Justice and Care. Then in matters of Life and Death the witness for the King are sworne, but y^e witness for the prisoners are not sworne but only Examined to declare the truth. But to returne to the tryals of a peer which by such a jury is tryed, in Case the house of Lords y^e parliament is sitting, then they prepare Westminster hall for the tryal, the House of Comons manage the Evidence and prosecute them, and the House of Lords are the Judges and Jury in this manner if it be for Life or death, w^{ch} is grounded on a statute either against murther, treason or fellony, and so y^e arraignment is read and y^e Councill for both sides. Y^e house of Commons produces their Evidence and witness and the King Constitutes a Lord High Steward for that day or in case the tryal be long he must be Continued till the tryall finishes. He beares a white staff as badge of his great office which Indeed is y^e greatest officer in England and for the tyme can act for the King, so above him. He is usually the person that is Lord Chancellor if he be a peer which allwayes is. There he sitts as Judge to whome the other peeres of the whole House of Lords are Joyn’d and after a full Examination on both sides, and the Criminall haveing had full Leave to Cleer himself, then the Lord High Steward askes y^e Lords one by one beginning with the puny Lord, so to the highest “in honour my Lord such a one do you thinke my Lord that the prisoner at the Barre is guilty or not Guilty?”—to which Each Lord stands up and answeres for himself Either, so as he Judges, “guilty upon my honour,” or Else “not guilty upon my honour” and so it goes from one to all, in this manner the Lord High Steward marks down to Each Lords name his answere, and at the Last reckons them up so many Guiltyes, so many not Guiltyes, then he adds his own thoughts to the side he thinks best, but usualy he is so Crafty as to add to the side of the Majority, which being done he pronounces the verdict as y^e majority said, Either Guilty or not. Now this verdict the Lords give thus on their honour is Equivalent to the oath the Commoners take that serve in Juryes, for y^e peeres take no oath in these matters, otherwise than so. Now in Case y^e matter against a peer be only a Law matter of nuise-prise, then the matter being debated and the answere by y^e Lord made in his deffence read, and Councell pleading, then y^e Lord High Steward askes Each Lord in same order as before, but in this forme “in y^e matter which has been debated before y^r Lord —— Concerning the Lord at the Barre w^{th} his deffence whether his deffence be sufficient to Cleer him or not what sayes y^r Lordships Content or not content on y^r honour?” they all answer as they are affected or understand y^e matter “content,” or else “not content” which are fixed to each name and so reckon’d up, and y^e majority Carry’s it Either to quitt or not to quitt him, to which the Lord High Steward adds his as he pleases also, after which they shew the High Steward a respect as a king. He is serv’d on the knee and drinkes some wine and when that is done he breakes his white staff and so pulls off his hatt. When he was the High Steward he had all the maces Carry’d before him all y^e officers attending. But in case there be no Chancellour, only a Lord Keeper as at present is, which is no peer of y^e realme then he has no vote with y^e Lords only Count up y^e votes and declares them w^{ch} has the Majority, without the addition of his, haveing none, and he is only substituted the deputy steward for the day and so sitts, but on a wool sack as he does in the House of Lords and is only their speaker and officer and must aske Leave for himself and the Judges to put on their Caps before they might do it, now the High Steward sitts in the throne of justice under a Cannopy but I see this Lord Keeper only sate on a wool sack at the foote of the throne which stood Empty behind him. He had noe Compliment paid him more than at another tyme, being only as the Speaker to y^e House of Lords and so their officer.

There are severall great officers of y^e Court as Lord Treasurer which takes account of all the kings revenues—this sometymes is in Commision between 3 or more. There is also the High Admirall of England that has the Command of all the shipps and stores. This sometymes is in Comisions also of 3 or more under whome are y^e Vice Admirall and Rear Admirall, also und^r the Treasurer are severall officers. There is also two principal Secretaryes of State which write all things, the Kings Lett^{rs} &c, and relateing to the government, maintain all Inteligences in y^e kingdom and abroad.

There is also a Master of the Generall Post Office that has all the under masters and officers of y^e posts both for forreign Letters and inland Lett^{rs}.

There are also governours as Lord Lieutenant of Jreland—that sometymes is held in Commission. There is also Lords Justices there, all which have their Salleryes ariseing out of the same kingdom. There is also to all our forreign plantations govern^{rs} sent from England and their salleryes arise from the plantation. The Kings revenues arise from y^e Customs of goods exported and jmported, from the Excise on all Liquors that are made in England and sold, besides which there is a Considerable revenue from Lands belonging to y^e Crown, tho’ that is much Lessen’d by the severall donations of our kings for many yeares to their favourites. Out of those revenues all y^e Civil List is maintain’d, which is y^e Judges salleries, the great officers, the household of y^e king. There is another great revenue in y^e Post Office, besides at all Extraordinary occasions of the marriage of any of our princess’s their portion, or any warre, then the Parliament raises taxes on the nation on Land or trade, additional Customs, and also on the Excise, Encreasing that under the Civil List is the Expences of the Court, the guards, and also the ambassadors which are sent by the king into forreign kingdoms to treate matters for Each others good: their Expences while there are allowed and so of all Envoyes or Consulls w^{ch} are lesser Embassadours. There is also the maintaining the navy, building shipps, the wood of which Indeed is out of the King’s fforest.

There remaines now only in what manner the kings or queenes of England give publick audience to fforreigne ambassadours Either when they Come in their first Entrance or at the tyme of their takeing Leave; but first I may give account of our Bishops and Gentry. There is 26 Bishopricks with the two Archbishops Canterbury and york and there are as many Cittyes and Cathedralls which in my travells have described. All these Bishopricks are held of the Crown and are Given by the king, to whome is due the first fruites which is one yeares income of the Bishopricks. They are held for Life, true jndeed they admit of being removed from one Bishoprick to another for advancem^t, nay they may forfeit their Bishoprick by not being qualify’d, if they will not sweare to be faithfull to y^e government and so they may be suspended, as in y^e Case of severall in the last revolution would not sweare to King William and Queen Mary and so now refuse also to sweare to her present Majesty Queen Ann. These Bishops are only Barrons in themselves, their wives have noe honnour thereby nor their Children; but for all peeres of England theirs is hereditary from father to son and their Ladies partake of it, nay y^e honour descends on a daughter in default of male jssue. The peere must first be made Barrons by which they hold all their priviledges—Barrons of England—which is from y^e king by patent; all his Children are Called y^e hon^{bl} adding the Christian name to their sirname, and this remaines to daughters when marry’d. By this patent or another of y^e same they may be Created viscount, Earles, Marquesses, dukes, and if they are dukes their patent Expresses all the four other titles. Alsoe viscounts Children are the same w^{th} Barrons; and Earle’s, marquess, and duke’s are Called, the daughters Lady, by their Christian names, before and after marriage, unless they marry a Barron then they Lose y^t name and are Called a Barroness and so Loses their place. The Eldest son of an Earle is Called Lord by his fathers title of Barron, the Eldest son of a Marquiss is Called Earle, by the title of his fathers Earledome, and all marquiss’s younger sons are Called Lord by their Christian name added to their sirname. So the same of dukes Children, the Eldest son is Called Marquiss. Now if any dowager to a Lord marry a Private Gentleman she in Law is sullied and has Lost her peeress, so if a Dutchess or Marquess or Countess or viscountess marry a Barron or Either of the degrees which was below her, she Looses it and is only Called as the Lady of the present peer She has marry’d now. Though these titles be given the noblemens sons and Daughters its not that they are really soe, for in our Law they are only Called and Esteemed in the first ranke of Gentlemen, and so take place before all Gentlemen w^tsoever. The Lower titles made by patents by y^e king is Barronets, and is differenc’d only from a Knight by takeing place of all knights and that it is hereditary and goes from father to son; a Knight only is for his own Life and the king makes them thus: any Gentleman that is to be made a knight kneeles down and y^e king draws his sword asking him his Christian name, Layes the sword on his head and shoulder, and bids him rise up sir such a one as for Example S^r James Bateman our Last Sherriff &c. These severall titles and patents pays great fees to the severall officers according to the ranke, a Duke cost £1000—, so in proportion. Y^e same manner the Knights of the Garter are made as other knights nevertheless it may be to those w^{ch} were dukes before. Their jnstallment is at Windsor Castle, in this manner: the herraulds which I have mentioned several tymes before as a part and management of all the Cerimony, and also the persons that studdy all matters of honours and are the Recorders of all the titles in England, and all their Coates of armour, and knows and keepes Each in their ranke at all Cerimonyes, and gives out their armes for Eschuteons at Every bodyes funeralls; they have an office just by D^r Commons by S^t Pauls Cathedrall. There is one Principal king at armes and 3 if not more other king at armes and other under herraulds and Sergeants, which all weare Coates with the kings armes all aboute it; these as I say officiates at the jnstalling for they record it and add the blew garter about such a Lords atchievement. Y^e Cerimony I have in part described together with y^e account of Windsor.

* * * * *

Maulbery is in view at some distance from y^e adjacent hills and Lookes very fine, with a good river that turns many mills. Its buildings are good and Compact, one very Large streete where stands the market place and town hall, and at Each end the two Churches, its of a great Length jncludeing the two parishes, and the town stands itself on a high hill. Beyond one of the Churches is the Duke of Sommersets house, has been a greate Rambling building but now most pulled down and newly building, they were painting it, good appartments for what is done but none furnish’d, and its but one Wing and is built with drawing dineing roomes and bed Chambers with Closets and dressing-roomes and two StairCases and some roomes above, which is to have another such a wing on the other side and Joyn’d with a Greate hall.

The only Curious thing is out of y^e bowling green. You go many stepps down into a Grass-walke with quick sett hedges cut Low, this Leads to the foote of the mount, and that you ascend from y^e Left hand by an Easye ascent bounded by such quick sett hedges Cut Low, and soe you rise by degrees in 4 rounds bounded by the Low Cutt hedge, and on the top is with same hedge Cut in works, and from thence you have a prospect of y^e town and Country round and two parishes two mile off in view, and the Low Grounds are watered with ditches, and this mount is Encompass’d about with such a Cannal which Emptys itself into a ffish pond, then it Empts itself into the river. There is a house built over the ffish pond to keep the ffish in. At the ffoote of the mount as I began out of a Green walke on the Left hand to ascend it, so on the Right hand Leads to another such a walke quite round by y^e Cannall to the other side of y^e bowling-green. In the midst of y^e top of the mount was a house built and pond but thats fallen down. Halfe way down is a seate opposite to y^e dwelling house which is Brick’d. Maulbery is one of the towns in Wiltshire y^e quarter sessions is kept in, its 8 mile to Hungerford over Savernack Forrest where is many deer. Ffrom Hungerford to Newbury in Barkshire 7 mile all very deep way, 15 mile thence to Reading in Barkshire flatt way, but y^e vale is heavy sand for 3 or 4 mile. Reading is the shire town, its pretty Large and accomodated for travellers being a great Road to Gloucester and y^e West Country, but it is very dear.

From London to Rusbery 18 mile by Stanes—pretty house and gardens in sight of Windsor in Buckinghamshire—thence Uxbridge 7 mile, pretty good way, thence Amersham 9 mile all in the Alesbury road, thence Barkminstead 6 Long miles, steep hills into Hartfordshire, a good market town, good jnns, thence Dunstable 7 or 9 Long miles steep hills, thence Arsly in Bedfordshire 10 mile, which I Entred at Astick 2 mile from Arlsy, 2 good old houses of the Edwards and Browns, but this was base way, narrow, and Lanes Rooty and Long. Thence Bedford town 9 miles good way, a village in a mile or two distance, Hanlow, Clifton Sheford Checkston and Bedford. Y^e great road Comes in good way, thence Turvoy 5 mile belonging to the Earle of Peterborough where he was.

They make much bonelace in these towns. In the Church are fine tombs and monuments of that familly, the first with two Ladyes on Each side, he higher, one in a widdows dress all marble finely Gilt and painted on a bed, and Rowles of Matt very naturall at their head and feete. There was another and the Lady dyed in Childbed the Child by her Costly Carved and Gilt and 4 beadmen at the feete (he allowed for four old mens maintenance), by it another and his Lady all rich marble Gilt and painted.

Here I Enter Buckinghamshire againe over the Bridge, so to Northampton 10 mile over a pretty good road, and Entred the shire within 4 mile of the town.

I describe nothing more of Northampton, but the Church was finish’d, the Entrance with a breast wall and paved and stepps within round 3 sides of the Church, which was begun w^n I was there before. So I proceeded on to Litchfield very good way as Exactly straight as a Line, the Whatling Streete way, but it was deep heavy ground as in all these Rich Countrys. I passed between two noble seates, Homby on the Right hand on the side of a hill in woods, stone buildings with towers almost Like a Castle, old built, the rows of trees Exact on Each side and avenues, which is Earle of Ffevershams. The other on the left hand Lay Low within a thicket of wood on all sides but the front, where it appear’d Like a Princes Court of Brick and Stone, very fine, Lord Sunderlands, with a Large Parke walled in of a good Extent. Thus I went to a Bridge not very Large of stone but it is the Boundary of three Countys.

I pass’d from Northampton into Leicestershire with Warwickshire on my Left hand, and so went to a Rich Land, here it Lookes of a Redder Earth.

I Came to Cross wayes where was a Latterworth hand poynting 4 wayes to Coventry, Leicester, London, and Litchfield, and some thing farther to High Crosse which is Esteemed y^e middle of England, where the two great Roads meete that divides the Kingdom in the Saxons tyme in 4 parts, the Whatling Streete on which still I Continued, and the Ffosse way; thus to a Little place Called Smockington, fitted for jnns, on a Road, very Comodious. Here I Lay in Warwickshire 10 mile, thence 6 mile to Anderton and Talmouth 7, where I Enter Staffordshire, soe Litchfield 6 mile, thence Woolsly Eight, from thence to Budsworth, Lord Pagets in a ffine Parke, Large Coale mines about it. The house is old but the front very regular, 3 Juttings out, Large Compass windows, a good Little parlour, out of the hall another Large one with drawing roome and bed Chamber and good back staires and Entrys, Large Light fit for attendance. then you go up and Enter a dineing roome, drawing roome and Chamber, a Long gallery that is the Length of the house and broad, and which adds to its greatness. The End opens doores on a terrass out in the garden of same breadth and Length up to an orchard or wilderness which Lookes very nobly. Here at Each End is two good Chambers of state, Lofty, with anty Chambers and for servants and back staires. There are many very good roomes of a second rate w^{ch} if well ffurnish’d would Look well. The Leads are a greate many stepps up on the top, a Large Cupilow of windows, and y^e walls round y^e Leads are so high a person of a middle stature Cannot Look over them scarce when on tiptoe, which is a Greate Lessening of its beauty w^{ch} would give a Large prospect round of the Country of 10 or 12 miles off. There is an addition of new wall on the battlements w^{ch} is visible so its Likely it was from some accident from y^e Leads Enduced y^e walls being built higher. This Lord has a greate Command and Royalty in the County, the Kank forrest of 20 mile is his, most of y^e gentlemen in the County pay him Chiefe Rent and some hold Right in some of their Land by waiteing on him on some solemn feast dayes in the yeare, and bring up his dinner and waite on him as he Eates, if then in the Country. But these things are better wav’d then sought and is not done few tymes in an age to keep up the Custom.

Ffrom Woolsly after an 8 weekes stay I went to Wolverhampton 11 long mile, then to Church-hill neare Sturbridge 9 or 10 mile farther, by the many Glasshouses where they Blow Broad Glass, but they were not at work on that sort when I was there. At Church-hill was at a farmer Like a Gentleman’s, a new pretty house of brick, but wanted ffurniture and Cleaneing and good order, but a hearty M^r and M^{rs}. The hill is pretty high and gives a great view of the Country which most belongs to M^r Foley-Tom of 10,000^£—Large Comonage, there he has a Little Lodge, new brick; his own house is 6 or 10 mile thence all within his own grounds, and has great jron works and mines, this is within two mile of Kederminster, as farre on the other side to Sturbridge. Thence I went to Worcester town a sandy way, and here are in some places quicksands. This is a 10 Long mile to Worcester but pretty flatt way for the most part, thence to Newhouse 12 or 14, the basest way for hills, stony narrow hollow wayes very difficult to pass.

I went from Newhouse to Stoake four miles, M^r Foley’s the speaker’s son has a very fine pile of building, the wing to Herreford being now up in the Shell, which is all for state, great parlour, drawing roome, and bed Chambers, with their appendixes and backstaires, and a great staircase with Chambers over for state. This is Entred into out of the Greate hall, the middle of the house raiseing many stepps out of the Court, the Entrance to which on Each side has buildings uniform for Coach house stables, dairy out houses. The wing to the garden side is finish’d, being their appartment, a pretty staircase that two Easily go up, light from the Skye, jron railes and barristers, this from an arch jsle below which goes to the kitchen, and hath a doore into this front Court and into the gate backward, tho’ not visible on the garden side by y^e disguise of painting. From this you ascend these staires to the dineing roome which is Even to the great hall and must Enter from it when ffinish’d. Out of this on the Right hand was M^r Paul Folie’s the father’s studdy, long and Large, with back staires and a servants roome. On the Left hand is a drawing roome, beyond his Ladys bed Chamber, Closet and Servants roome, and next it are these staires of jron Railes that goes up to the next stage, which is over this same wing and is the appartment of the young M^r Folie and his Lady which now is the heir and in possession.

There is their Chamber, her fine Closet, a servants roome and a Large studdy for him; there is also two Large Chambers for strangers which takes the whole wing over the dineing roome and studdy. There is also a Little roome at the end for strangers opposite to M^r folie’s roome which Lookes to the front. This dineing roome is what they Eate in allwayes—is well wanscoated. There is a fountaine bason just faceing y^e balcony doore that Leads to a terrass paved with black and white marble and jron palisadoes; it has a long space and broad for walking and two Enclosed on Each side by same jron work a step up or two these doores from y^e Ladies Closet and the Studdy, out on them in the middle goes the staires two wayes, all jron work, and meete halfe way and Joyne in y^e next descent on Gravel, which is in a halfe moon and so design’d to be Left in a Low place with a Cascade beneath, and the Gravell walke and grass walks to go by it and beyond it in many rows of trees. The walled Gardens and walks one below another. This terrass gives a vast prospect of the Country, it being scituated on the ascent of a hill. Many rows of trees in Meadows below it adds to its beauty being all within his own Ground, he has a Great Estate and a Great parke up above it with Great woods. The adornment of the Rooffe is flower potts and ffigures Globes and Scallop shells, it will be noble Compleate buildings and deserves 10000^£ a yeare to Live Like it.

The offices are all below and Even with the first Entrance of the ffront, what is ffinished is neate good wanscoate and tapistry, there is two or three damaske beds and one velvet one what they had before, so noe new ffurniture but y^e best wing noe doubt will be finely finish’d and furnish’d. The prospect is Large and jndeed to view, at Least in the summer and in Drye tyme, Herrifordshire is Like a fruitfull Garden. Near Richards Castle is the Bone well a fountain alway full of ffish and ffroggs bones tho’ often Cleared of them yet still renewed.