There are also other strange Creatures kept there, Leopards, Eagles &c &c wch have been brought from forreign parts. In another place is kept the Crowns and all ye Regalias, as orb, scepters, swords. The Crown that is made on purpose to Crown a prince is pulled to pieces againe and they only reserve an old large Crown of King Harry ye seventh in form of a Ducall Coronet, and ye Crown wch is used for the passing of bills, of wch here after. This hath Large pearles on ye Cross and an Emerauld on ye top of ye head wch Closes the bands wch goes every way of ye sides to ye round frame full of Diamonds and Saphyr’s and Rubies wch ye frame at ye bottom is also enchased with. This Large Emerauld is as bigg as an Egg all transparent and well Cut: the Globe is alsoe sett wth diamonds representing ye Lines on the Celestial Globe. The middle or body of ye Tower is full of armour of all sorts and placed in Each roome wth great Curiosity Like a ffurniture on ye walls and kept very bright and fine. And now I shall return to ye Hall att Westminster where are all ye Courts of justice kept. There are severall parts out of ye hall for ye Court of ye Kings Bench for tryal of all Causes by jurys, Grand juryes and petty jurys, to manage wch there is a Lord Chief Justice and three other Judges his assistants, where matters are heard by Councellors, attornys and solicitors to plead ye Cause in the Court. All these formerly were but few in number when buisness was not delayed but brought to a quick jssue and persons had matters decided quicker, but now they are increased extreamely and Consequently buisness Lengthened out for their profit. There is alsoe another Court of ye Common pleas to wch is another Chiefe Justice, the first is Call’d the Lord Chiefe Justice of the Kings Bench Court, ye other the Lord Chiefe Justice of ye Common pleas—he hath alsoe three Judges assistants. This Court is in something the same nature managed as ye former, only that matters of Life and death are not here tryed or determined, that belongs to ye Kings Bench. There is alsoe the Exchequer Chamber which is another Court and managed by a Lord Chiefe Baron and 3 other Barrons assistants, wch are all judges, and all first sergeants and in this manner are fitted, having been Entred at such an age into any of ye jnns of Court of wch there are many in ye town, Lincolns-inn, Grays-inn, Ffurnifulls-inn, Clemens-jnn, Cliffords-inn and others. The Temples Likewise are such where they are students in the Law and goe to hear Causes and are trained up in that Learning wch is grounded on our Laws, the Magna Charta Law of the whole kingdom by wch all matters are or may be decided. After soe many yeares studdy and being thus Entred they are Called to ye barr—yt is to plead as Councellors and Barristers in these Courts, and out of such that have been thus Barristers many yeares they Commence serjeants, and are made in this manner the first day of a terme. They walk two and two in their Gowns from ye Temple to Westminster Hall where Each that is designed for serjeants stand with their Back to ye Barr of the Court at a Little distance, ye puny judge on the Bench sayes to the Lord Chief Justice, my Lord I think I spye a Brother; the Lord Chief Justice replies truly Brother I thinke its soe indeed, send and bring him up to be examined whether capable or well quallify’d; wch is done and after severall questions he is sworn and has a Coiffe put on his head, which is a black satten Cap wth a white Lace or Edge round ye bottom and thus he is received into their number and soe returned. They have a feast and pay their fees which is considerable all to maintain the Court out of such as are sergeants. The king makes judges and gives them salleryes; all the judges doe weare scarlet robes Lined with furr. These twelve judges sitt in the House of Lords on wooll packs, not as peers but as Councellors to informe the house of what is their former Laws, and to decide matters that Come before them if relating to the Law, and soe are only their officers and Cannot put on their Caps without permission of ye Lords. There is alsoe another Court for justice wch is Called the Court of Equity or Chancery. The other Courts properly Judges of the matters of Right by Law this as to the Equitty of it, wch is managed by a Lord Chancellor or a Lord Keeper, wch is not in soe high a station nor at so vast expence, but answers the Ends of the other as to the Buissness—is Called Lord Keeper because he keepes the great seale of England wch makes all authentick that passes it. This sometymes is managed in Commision by three, but many tymes by one single person, he allwayes sitts in the house of Lords alsoe and is ye speaker of ye house of Lords. Under him there is the Master of the Roles wch is his deputy and in the others absence acts in the Court as Chiefe. This Court keeps all the Records and statutes, there are two registers belongs to it with six masters which are alsoe the under justices, and six Clerks wch have all their Respective offices and Enter all things. Under them is the 60 Clerks and other under writers. This formerly was the best Court to relieve the subject but now is as Corrupt as any and as dilatory. The Causes in the Chancery are heard and Refferr’d to some of the masters and they report the matter againe, and soe from the notion of this being a Court of Equitty and so gives Liberty for persons to make all the allegation and reasons in their Cause, which much delayes ye dispatch, which formerly was of a very good advantage to prevent a huddling up a Cause without allowing tyme for ye partys to produce their evidences or Right, but now by that meanes is soe ill managed that it admitts of heareing, Re-heareing over and over on the Least motion of ye Contrary party, that will pretend to offer new reason matter for delaying judgment, that by this it accrues great advantage to ye Lawyers that have all their fees each motion and may be so Continued many yeares to sometyme ye ruin of the Plaintiffs and deffendants. A small gratuiety obteine an order to delay till the next terme and so to another.
There are four termes in a yeare, one at Easter, another at Midsumer, and at Michaelmas, and Candle-mass, at which tymes these Courts of justice are open for tryal of ye Causes belonging to their Courts, and holds a fortnight or more, one three weekes, another a month, one 5 weekes; but there are sealeing dayes wch hold much Longer and this between Easter and Midsumer terme joyns the tymes. Ye Last terme is the shortest but the seales hold Longer. After this is the Long vacation being the heate of the weather and tyme of harvest in which tyme alsoe are the assizes in all the Countys in England, for at ye End of the Midsummer terme ye Judges takes ye Circuites assigned Each, usual the Lord Chiefe Justice of England wch is of ye Kings Bench Chuses the home Circuit wch is the County adjacent all about London, wch is a Less fatigue and more Easily perform’d. Two judges must goe in Each Circuite and in all places the one sitts on the Bench of Life and Death, ye other on buisness de-nise-prises, and soe they exchange in all the places they Come, ye judge yt was on the Life and death at one County, in the next takes ye barr of the nais prisse and so on. There is one Called the Northern Circuit wch is a Long one and takes in Wales; there is the Western Circuite alsoe: this takes up 6 of ye 12 judges and Barrons.
But all this while there must be two at Least Left in London to heare and attend ye sessions of ye Old Bayly which is kept once a month both of Life and death and Common pleas.
In all these sessions at ye Old Bayly ye Lord Major is the judge and sitts as such, but Leaves the management of the Law to the Chiefe justice or Judges which ought to be two. There is the Recorder of ye Citty also another justice who after ye judge has summon’d the Evidence does alsoe summ it up, and this is in all the tryals at the Kings Bench, alsoe here the sword Bearer is a officer, and Common Cryer, and alsoe the two Sherriffs attends, they impanell the Jury and their office is so necessary yt at the death of a Sherriff as happened Last yeare the Buissness of the terme happening then stood still till another was Chosen and sworne.
The Recorder of the Citty is allwayes knighted and soe is the Chamberlaine of the Citty. Now in the assizes in all the Countyes of England the sherriff of the County Comes to the Edge of the County and Receives ye judges from the hand of the sherriff of ye next County and Conducts him to ye County town attended wth the Gentry, and there is a Large house in the town hired for that tyme for the judge, and all the sherriffs officers attends him and he in person; alsoe he sends the judge a present ye first night of meate and wine and gives him one dinner. Its usual that the Judges are Entertained most of the tyme by the Bishop Major and best Gentlemen, its seldom they stay more than a weeke in a place unless they have a great deale of Buisness or that one of the judges should be sick so yt ye other must supply both barrs one after another. There are Lawyers that allwayes do follow the judges, some serjeant which people make use of in their Causes and joyne wth them some of their own Country Lawyers. There are two of these assizes in a year, the other is in the winter, besides which in Each County they have quarterly sessions to wch all Constables of that precinct repaires, and the titheing men wth their presentments and Complaints to punish and relieve in petty matters wch the Justice of the peace are judges off, and if they have a matter before them beyond their decision they bind them over to the asizes and there to prosecute them. The manner of Criminalls punishment after Condemnation, wch if it be for fellony or treason their Condemnation of the first is to be hanged, and they are drawn in a Cart from their prisons where they had been Confined all the tyme after they were taken, I say they are drawn in a Cart with their Coffin tyed to them and halters about their necks, there is alsoe a Divine with them that is allwayes appointed to be with them in the prison to prepare them for their death by makeing them sencible of their Crimes and all their sins, and to Confess and repent of them. These do accompany them to the place of Execution wch is generally through the Citty to a place appoynted for it Called Tijburn. there after they have prayed and spoken to the people the minister does Exhort them to repent and to forgive all the world, the Executioner then desires him to pardon him and so the halter is put on and he is Cast off, being hung on a Gibbet till dead, then Cut down and buried unless it be for murder; then usually his body is hung up in Chaines at a Cross high road in view of all, to deterre others. For high treason they are drawn in a sledge to their Execution without any Coffin, for their Condemnation when hang’d to be taken down before quite dead and to be opened. They take out their heart and say this is the heart of a traytor, and so his body is Cutt in quarters and hung up on the top of the Great gates of the Citty which are the places of their prison, some gate houses for debters, others for fellons and traytors. In Case its a woman which is a traytor then she is Condemned to be burnt. All at their Execution have Liberty to speake, and in Case they are sencible of and repent of their Crimes they do declare it and bewaile it and warne others from doing the Like, but if they are hard’nd they persist in denying it to the Last. Now as I said ye Law Condemns all thus to be Executed, but if it be great persons they obtaine Leave of ye king they may be beheaded, which is done on a scaffold Erected on purpose in manner of a stage, and the persons brought in Coaches with Ministers do as the former; then when they have ended their prayers and speech they Lay down their head on a block and stretch out their bodies. The Executioner strikes off their heads with an ax or sword made on purpose and if it be for treason take the head and hold it up saying this is the head of a traytor; and such Great persons, Especially those that Can pay well for it, have their heads sewed on againe and so buried. The Prison in London for great persons is the Tower where are appartments for yt purpose. There is in all the County towns Jailes maintained at the publick Charge, besides which there are houses for Correction of Lesser faults, as Bridewell, to Correct Lazy and Idle persons and to set them to work, and alsoe stocks and pillorys to punish them for their Lesser faults. The Pilory jndeed is to punish perjur’d persons, which is a greate Crime. There is alsoe whipping, some at a Carts taile, and for some Crimes they are burnt in the hand or Cheeke as a brand of their Evil, and if found againe to transgress, yt marke serves as a greater witness to their Condemnation. Some alsoe are Banish’d out of ye kings dominions dureing Life and should such return they must be executed without any other tryal; under which we may speake of out Laweryes; a person for treason or fellony absconding into another kingdom, after a process at Law by which he is Summon’d to Come and take his tryal, and he refuses then he is outlaw’d and all his Estate forfeited to the king, and if Ever he be taken in ye Kings dominions he is Immediately Executed wth out any farther tryal, and its usual if such a one be known to be in a kingdom of our allies to make a Demand of him by the ambassadour, and such a state takes Care Either to deliver him up or Else to Expel him their Dominions by proclamation, that none harbour such a one but deliver up to the government.
Here is noe wracks or tortures nor noe slaves made, only such as are banish’d sometymes into our forreign plantations there to worke, we have also prisons for debtors and some of which are privilidge places, as ye Kings Bench the Marshalsea and Fleete which persons Entring themselves prisoners there Cannot further be prosecuted, but Continue there prisoners dureing Life, and out of the term tymes hire a keeper of the prison to go allwayes with him as a jaylor; but the Chief Master must have good security to produce him Every term Else he will be Lyable to pay his debts, so its only for such as are debtors, and Indeed its a sad thing they should be so suffer’d and that there should be places of refuge for such. There is one good act to relieve persons that are Confined it may be out of Malice and spleen to keep them allwayes so, but by this act any such Can sue out his habeas Corpus and soe be brought the first day of the terme Either to a tryal or give bail and soe be Let out.
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 ye same nature with their session Courts. These our Laws are Esteemed the best in ye 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 wch is under the archbishop and by his appoyntmt to the severall Judges of that Court that are all Civillians, matters of Equitty, all probats of wills, wch 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 wch do ye 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 ye 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 ye Clergy also, and receiv’d suspension or some punishmt 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 ye 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 Parliamt, 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 ye 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 ye 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 ye house of Lords and Called the Upper House, where all the Lords which are not papists and wch 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 ye 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 wch 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 ye King has power and do make Choice of a privy Councill, which consist of Lords temporall and spirituall, wch are Bishops, and also out of some of ye 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 ye King, and to present anything to ye 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, yt 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 wth 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 ye 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 wch 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 ye 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, ye 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 ye 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, yt 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 ye shire have spent 1000 and 1500lb and for Corporation and Burroughs in proportion, so yt they Come in with design to be bribed by the Court or any body yt has any buisness before them, yt so they may be reemburz’d and may gaine more—some place at Least they Expect and these Care Little for ye good of ye 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 ye 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, wch 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 ye 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, ye 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 ye Comittee reports the debate of yt 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 ye 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 ye 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 wch is in this manner. The King sends to ye house of Lords to attend him in their own house, with their Robes wch are Scarlet Cloth with Earmine and Rows of Earmine wth gold galloone on Each row, the rows are Encreassed to Each dignity and here ye bishops weare robes wch are scarlet also, but they have about their neck a Large Cape wch hangs to their waste all round of a ffurr that Lookes Like Lambskinns, it hangs Like the Capes of the Cloakes ye 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 wth 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 wch 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, wch 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 ym 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, ye king Issues out a proclaimation yt its his pleasure ye 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 ye government. True Indeed they may begin ye 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 ye other Continue to act within themselves. Its also in the Kings power to dissolve ye parliament wch 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 ye House of Commons to be noe more representatives of ye nation till another parliament be summon’d and ye 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 ye 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 ye great Councill of the nation wch is his two Houses of Parliament, Lords spiritual and temporall and Commons of England, when great matters are in agitation as yt of peace or warre, wch is in ye 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 ye 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 wch was by obtaining an Act of Parliamt that ye parliament in being when ye 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 ye next prince for six months, and till that tyme all offices should remain as they were unless the next heir should before yt 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, wch Confirms the Acts of Parliamt 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 ye 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 ye House of Lords they send to them to meete them in ye painted Chamber or Lobby of their house; so does the Lords send to ye 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 ye records of them are kept in the journalls of ye Parliament by the Clerke of ye 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 ye 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 ye 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 ye King does by Laying it before ye 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 ye 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 ye first man is their foreman and speakes for the rest, Either acquit or Condemns the person, wch 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, wch verdict the Judges also must pronounce on ye 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 ye 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 jndictmt 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 yts higher, as from the sessions to the assizes, thence to the Kings Bench, thence to ye 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 ye Judges must Consult and do it all of them together.