keep them inviolable, as the holy and pious Kings of England his Ancestors had done before him.

From this Original it is, that our Common Law came, and from it our Common Law Judges fetch that excellent Usage of determining Caufes according to the ferled and establish'd Rules of Law, and have acted up to this Rule for above Eight hundred Years together, and to their great Honour continue to to do to this very Day

Befides the Common Law of England in general, there are in divers parts of England, Cuftoms and Common Usage, which have the force of Common Law among thofe People to whole Property they belong, as Borough English, a Custom fo called, because not in ufe out of England, where the youngest Son, or for want of Sons the youngest Brother, is to Inherit, being prefumed that in Boroughs or Trading Towns, the eldest Sons might probably have learned their Father's Trade, and that the youngest would always be leaft able to help himself. Gavel kind; of which fee Page 13. in Kent, &c.

Statute Law.] Where the Common Law is filent, there we have excellent Statute Laws, made by the feveral 'Kings of Eng land, by and with the Advice and Confent of all the Lords Spiritual and Temporal, and of all the Commons of England by their Representatives in Parliament, whereunto the English, eafily fubmit, as made at their own earneft Defire and Requeit, and yet too much neglect them.

All Tryals of Common and Statute Law are tried by a Jury of Twelve Men, which is thus: The Sheriff fummons Twenty four Men, Houfholders, out of the Neighbourhood of that Place where the Matter contefted lies; Twelve of whom are chofen to try the Caufe. The Lawyers on both Sides plead in open Court before the Judges, these Twelve Men ftanding near, may hear all that is faid and produced on either part, and may ask what Queftions they pleafe of the Witneffes. When all the Witneffes are examined, and all Pleadings are over, one of the Judges briefly recapitulates all that has paft, putting the Twelve Men in mind of what hath been alledged, and defended on either fide, and informing them what Points are according to Law, and what not; after which thefe Jury of Twelve Men are bid to retire by themselves, an Officer be ing charg'd with them, to fee that they have neither Meat, Drink, Fire, nor Candle, that they may the fooner conclude their Opinions, which must be all Unanimous. When they are agreed, they come back into Court, and defiring their Foreman, (i. e.) the firft upon the Lift, may fpeak for them, he declares in two or three Words the Opinion of all the Jury, all being of one mind, or elfe to be remanded back to their Confinement and according to their Judgment, the Sentence paffes finally. Note, the Returns of Verdict are bound up

Part. I. to Forms, adapted to the Nature of the Caufe: As in Criminal Caufes, Guilty, or Not Guilty; in Civil Actions, Finding for the Plantiff, or for the Defendant, &c. This is the uncontroulable Property of every free-born Subje&t of England, to be tried by his Peers, and that not only in Matters of Claim and Propriety between Subject and Subject, but in all Criminal Cafes too at the King's Suit.

Peculiar and By-Laws.] By the King's Royal Charter, granted to divers Cities of England, the Magiftrates have a Power to make fuch Laws as may be beneficial for the Citizens, and not repugnant to the Laws of the Land, and these are binding only to the Inhabitants of that Place, unless such Laws are for general Good, or against a general Inconvenience, for then they bind Strangers.

Fozet-Law.] The Foreft Laws are peculiar Laws, different from the Common Law of England. Forefts in England are exceeding ancient, and before the making of Charta de Foresta, Offences committed therein were punished at the Pleasure of the King, in fo fharp and grievous a manner, (as still in Germany) that both Nobles and Commons did fuffer many horrible Inconveniences and Oppreffions; and even in that Charter were fome hard Articles, which the Clemency of gracious Kings have fince by Statute thought fit to alter per Affilas Forefte. Yet in the time of Edward the Third, and alfo at this Day, Voluntas reputabitur pro facto; fo that if a Man be taken Hunting a Deer, he may be Arrested as if he had taken a Deer. The Forefter may take and Arrest a Man, if he be taken either at Dog-draw, Stable-ftand, Back-bear, or Bloody-hand, for in these four a Man is faid to be taken in the manner, tho' three of them may be but Prefumptions.

Martial Law.] Lex Caftrenfis Anglicana, is that Law which dependeth upon the King's Will and Pleasure, or his Lieutenant, in time of actual War; for altho' in time of Peace, the King for the more equal Temper of Laws towards all his Subjects, makes no Laws but by the confent of the Three Estates in Parliament: Yet in time of War, by reafon of great Dangers arifing fuddenly and unexpectedly upon fmall Occafions, he useth abfolute Power, infomuch as his Word goes for a Law. Martial Law extends only to Soldiers and Mariners, and is not to be practifed in time of Peace, but only in Times of War, and then and there only, where the King's Army is on foot. But this is very much regulated of late by Statute Law.

CHAP

CHAP. VII.

Of Humours, Manners, Diet, Attire, Recreations, and Buildings.

THE English differ from one another in their Humours, as

they do in their Birth, Education, and Profeffion. The Nobility, Gentry and Scholars, as well as moft of the Merchants and chief Tradefmen, are extreamly well polished in their Behaviour; but the common Sort are rude and even barbarous, as the Effects of popular Tumults fhew. For when the Rabble are got together, they commit the greatest Outrages, and render themselves fometimes very formidable, even to the Magiftrate, who needs great Courage and Virtue to oppose them. And in truth at fuch times there is no way without much Bloodshed to quiet them.

They treat their Guests moft fplendidly and freely; the more you eat and drink, the welcomer you are; but then amongst Equals, they expect for the most part to receive fuch entertainment as they give.

The English are a People that are extreamly taken with Oratory, and they have the best fort of it, in the greatest Perfetion, that of the Pulpit.

Banners.] The English according to their Climate are of a middle Temper; Graceful, and yet Eafie; Chearful, yet well Compos'd.

Their Ingenuity will not allow them to be excellent at the Cheat, but they are fubject in that point rather to take than give, and fuppofing others to be as open-hearted as themselves, are many times in Treaties over-match'd by them, whom they over-match'd in Arms and true Valour; in which they have been very eminent in all Ages, and almoft in all Lands and Seas too of the whole World.

The English, fince the Reformation, are fo much given to Literature, that all forts are generally the moft knowing People in the World. Men and Women, Children and Servants cannot only read, but write Letters, to the great encrease of Commerce, and the prodigious Advantage and Augmentation of the Poft-Office, in proportion beyond any other Poft-Office in Europe. And yet fome compute the Revenues of the Poft in France to be four times as great as the Revenue of the Englijb Poft, though they are not treble the Number of People. But then this inequality muft arife from the Situation of France, that makes it in effect the Poft-Road of all Europe.

The English have been fo much addicted to writing of Books, efpecially in their own Language, and with fo much License or Connivance, that according to the Obfervations of a learned Man long ago, there were during our late Troubles and Confufi ons, more good, and more bad Books printed and publishelin the English Tongue, than in all the vulgar Languages in Europe

For Solidity of Matter, for Elegancy of Stile, and Methods in their Sermons, Comedies, Romances; and alfo in their Books of Divinity, Philofophy, Phyfick, Hiftory, and all other folid Learning, no Nation hath furpalled, and few equall'd them.

The English, efpecially the Gentry, are fo much given to Prodigality, Sports and Paftimes, that Eftates are oftner spent and fold than in any other Country.

Diet.] The English are generally great Flefh-Eaters, although by the nearness of the Sea on every fide, the great Multitude of Rivers, Brooks and Ponds, England abounds with almost all forts of excellent Fish, as is before mentioned.

The English are not now fo much addicted to Gluttony and Drunkennels as formerly.

The English that feed not over-liberally (whereto the great Plenty and Variety of Viands intice them) nor drink much Wine, but content themfelves with fmall Ale or Cider, are obferved to be much more healthy, and much longer-liv'd than fome other of our Neighbour Nations.

England abounds in variety of Drinks, above any other Nation in Europe: Befides all forts of the beft Wines from Spain, Portugal, France, Italy, Germany, Hungary, Greece, there are fold in London above twenty forts of other Drinks, as Brandy, Rattafia, Coffee, Chocolate, Tea, Rum, Punch, Ufquebaugh, Mum, Cider, Perry, Mead, Metheglin, Sherbot, Beer, Ale, many forts of Ales, very different, as Cock, Stepony, Stichback, Hull, Derby, Northdown, Nottingham, Sandback, Betony, Scurvy-grafs, SageAle, College-Ale, China-Ale, Butler's-Ale, &c.

attire.] For Apparel or Clothing, the French Mode hath been generally used in England of late Years; in the time of Queen Elizabeth fometimes the High-Dutch, fometimes the Spanish, and fometimes the Turkish and Morocco Habits were by the English worn in England

Recreations.] For variety of Divertisements, Sports and Recreations, no Nation excels the English.

The King hath abroad, his Forefts, Chafes, and Parks, full of Variety of Game; Red and Fallow Deer, Foxes, Otters; Hawking, his Paddock-Courfes, Horfe-Races, &c. and at home, Tennis, Pelmel, Billiards, Comedies, Opera's, Mafquerades, Balls, Ballats, &c. The Nobility and Gentry have their Parks, Warrens, Decoys, Paddock-Courfes, Horfe-Races, Hunting, Courfing, Fishing, Fowling, Hawking, Setting-Dogs, Tum

blers,

blers, Lurchers, Duck-hunting, Cock-fighting, Guns for Birding, Lowbels, Bat-fowling, Angling, Nets, Tennis, Bowling, Billiards, Tables, Chefs, Draughts, Cards, Dice; Back-Sword, Sword and Dagger, Sword and Gauntlet, Sword and Buckler, Rapier, Quarterstaff, Single Faulchion, Double Faulchion, thefe moftly practifed by thofe who ftile themselves Mafters of the Noble Science of Defence; Stage-plays, Masks, Balls, Dancing, Singing; all forts of Mufical Inftruments, &c. The Citizens and Peasants have Hand-ball, Foot-ball, Cricket, Skittles or Nine-Pins, Shovel-board, Stow-ball, Goffe, Trol-Madams, Cudgels, Bear-baiting, Bull-baiting, Bow and Arrow, Throwing at Cocks, Cock-fighting, Shuttle-Cock, Quoits, Leaping, Wrestling, Pitching of the Bar, and Ringing of Bells, a Recreation used in no other Country in the World.

Buildings.] Churches throughout all England, and the publick Edifices are generally of folid Stone covered with Lead; Cathedrals and Collegiate Churches for the most part Ample and Magnificent; and the Churches in Market Towns and Opulent Villages fpacious and folid enough, beautified with very high Pyramids, or Steeples, or at leaft with ftately high Towers; Houfes in the City that were heretofore ufually of Wood, are now built with Brick, and covered with Slate or Tile; the Rooms within Wainfcotted, or hung with Tapistry, or other convenient Stuff, and all Ceiled with Plaifter, excellent against the Rage of Fire, against Cold, and to hinder the Paffage of all Duft and Noife; of late Years Deal Wainscot is found to be more convenient, and cheaper than Hangings.

The Houses of the Nobles and Rich, are abundantly furnished with fine Linnen, China Ware, and Plate; the meanest Mochanicks, and Husbandmen want not Silver Spoons, and fome Silver Cups in their Houses.

The Windows every where glazed, not made of Paper or Wood, as is usually in Italy or Spain: Chimnies in moft Places, no Stoves, although the far more Southern Parts of Germany can hardly fubfift in the Winter without them.

CHAP. VIII.

Of Vices and Punishments.

Mices.] and the Effects thereof Lafciviousness; So likewife HE English National Vices were anciently Gluttong,

pride in Apparel, wherein they were fo extravagant, foolish and fuperfluous, that divers Statutes before our Reformation in Religion, and Homilies fince, have been made against that

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