of Felony c. Yet when the Sea doth ebb the Land may belong to a Subject The King shall have Flotsam Jetsam and Lagan when the Ship perisheth or the Owners of the Goods are unknown A Man may have Flotsam and Jetsam by the King's Grant and Flotsam by Prescription as before is said Resolved that the Stat. of Westminst 1. cap. 4. by which it is Enacted That of Wreck of the Sea it is agreed That where a Man Dog or Cat escape alive out of the Ship or Vessel not any thing within them shall be accounted Wreck but the Goods shall be saved and kept by the View of the Sheriff Coroner or King's Bailiff c. So that if any sue for those Goods and can prove that they belonged to him or that they perished in his keeping within a year and a day they shall be restored to him without delay c. was but a Declaration of the Common Law And therefore all that which is provided as to Wreck extendeth also to Flotsam Jetsam and Lagan The Common Law gave all these three as also Estray Treasure-Trove and the like to the King for when no Man can claim Property in Goods the King shall have them by his Prerogative But Wreck may belong to the Subject by Grant from the King or by Prescription Flotsam Jetsam and Lagan so long as upon the Sea do not belong to the King but occupanti conceduntur eo quod constare non possit ad quam regionem essent applicanda And Wreck as well as Estrays of an Infant Feme-Covert Executrix a Man in Prison or beyond Sea if proclaimed and none claim them within a Year and a Day are bounden by the Law Coke's Rep. lib. 5.106 108. Sir Henry Constable's Case Rex pro salute animae suae ad malas consuetudines abolendas concessit quod bona in mari periclitata non perdantur nomine Wrecci quando aliquis homo aut bestia vivus de navi evaserit Veies le Stat. W. Primer Cap. 4. And Coke's 2 Inst 167 168. The Sheriff ought to sell bona peritura within the Year And the Subject must prove his Property in them within the Year and Day But the King may claim when he will and make proof If Treasure be found in the Sea the Finder shall have it at this day But otherwise it is now of Treasure Trove upon Land See Coke's 2 Inst. 168. If Wreck be not rightfully seized but taken by wrong-doers the Party may have a Commission of Oyer and Terminer to enquire of them Wreck shall be tried before the King's Justices at Common Law Coke's 2 Inst. 168. Coke's 4. Inst 134 154. The Coroner is to enquire of Wreck Coke's 4 Inst 271. and 3 Inst Title Appeals FINIS AN ALPHABETICAL TABLE A ARchbishops and Bishops Consistory Courts Page 42 Archdeacons Court Page 44 Aulnager Page 205 Admiralty Court Page 292 638 Aldermen and Mayors Court Page 356 Anglesey Isle Page 436 Anguila Page 520 Antegoa Page 524 B. BArons Court Page 235 Band of Pensioners Page 339 Bridge Page 378 Bantam or Banda Page 491 Bombaine Page 491 Bermudas Islands Page 515 Barbudas I. Page 519 Barbadoes I. Page 527 C. Convocation Page 32 Court of Arches Page 39 Court of Audience Page 39 Court of the Faculties Page 40 Court of Peculiars Page 41 Consistory Courts of Archbishops Bishops Page 42 Court of the Archdeacon or his Commissary Page 44 Court of Delegates Page 44 Civil Government of England Page 51 Court of the High Steward Page 81 539 Chancery High Court Page 90 Court of extraordinary Jurisdiction Page 93 Court of the Star-Chamber Page 104 Court for Redness of Delays Page 108 Court of Kings Bench Page 113 Common Pleas Court Page 121 Court of Exchequer Page 127 Court of Inquiry to certifie untrue Accompts in the Exchequer Page 140 Court of Equity in the Exchequer Page 141 544 Court of Justices of Assize Nisi prius Page 144 Court of Justices of Oyer and Terminer Page 153 Court of special Justices of Oyer and Terminer Page 166 Colledges Hospitals c. for charitable and lawful Purposes and Uses Page 167 Court of Justices of Goal-delivery Page 169 Court of Justices of the Forrest Page 175 Court of Justices in Eyre Page 193 Court of Justices of Trailbaston Page 195 Court of Wards and Liveries Page 196 Court of Ancient Demesne Page 196 559 Court of Commissioners of Sewers Page 198 569 Court of Commissioners upon the Statute of Bankrupts Page 201 573 Commissioners for Examination of Witnesses Page 203 578 Court of the Sessions of the Peace Page 210 591 Court of Inquiry of the Defaults of the Justices of the Peace Page 222 Court of the Tourn Page 223 595 Court Leet or View of Frankpledge Page 224 597 County Court Page 228 615 Court of the Hundred Page 233 630 Court Baron Page 235 632 Coroners Court Page 237 635 Court of Escheators and Commissioners for finding of Offices Page 239 635 Court of the Clerk of the Market Page 241 Court of Pipowders Page 246 Court of the Dutchy-chamber of Lancaster at Westminster Page 247 Courts of the County Palatin of Chester Page 251 Court of the County Palatin of Durham Page 252 Court of the County Palat. of Pembroke Page 255 Courts of the Cinque Ports Page 256 Court of Stannaries in the County of Devon and Cornwall Page 261 Court of the Mayor of the Staple Page 263 Court of the President and Council of Wales Page 269 Court of Chivalry before the Constable and Marshal Page 279 Colledge of Heralds Page 283 Court of Admiralty Page 292 638 Court of Commission by force of the Statute 28 H. 8. Cap. 5. Page 298 Commissioners and others for Beacons Signs of the Sea Light houses c. Page 299 Court of the King of England Page 308 Civil Government of the King 's Court Page 312 Compting-House Page 314 Court of Green-Cloth Page 315 Court of the Marshalsea Page 321 Court of the Pallace Page 322 Court of the Lord Steward Treasurer and Comptroller of the King 's House concerning Felony Page 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea Page 325 Court of the Queen of England Page 341 Civil Government of the Queens Court Page 342 Civil Government of Cities Page 345 Civil Government of London Page 348 Court of Hustings Page 351 Court of Conscience Page 354 Court of the Mayor and Aldermen Page 356 Court of Orphans Page 356 Court of Common Council Page 357 Court of Wardmote Inquest Page 358 Court of Halmote Page 358 Chamberlain 's Court for Apprentices Page 359 Court of the Conservators of the Water and River of Thames Page 360 Court of the Coroner in London Page 360 Court of the Escheator in London Page 360 Court of Policies and Assurances Page 361 Custom-House Page 379 Call or Creation of Serjeants Page 393 Colledge of Civilians in London Page 396 Colledge of Physicians
Chancelor Lord Treasurer c. Rich Liveries for the Two Lord Chief Justices All the Barons of the Exchequer All the Officers of those Courts All Liveries for His Majesty's Domestick Servants All Linnen for the King's person c. In which there is ordinarily Expended yearly about 25000 l. besides all Extraordinaries as Coronations Funerals c. His Salary in compensation of all Ancient Fees is 2000 l. per Annum This Office is now kept in the Savoy Under the Master is A Deputy whose Salary is 200 l. A Clerk whose Salary in compensation of all Fees and Allowances is 300 l. per Annum To this Office have been lately added by Patent during pleasure A Comptroller and Surveyor Salary to each 300 l. Belonging to this Office are divers Tradesmen Artificers and others to number of about Forty all sworn Servants to the King Besides the Great Wardrobe the King hath divers Standing Wardrobes at Whitehall VVindsor Hampton-Court the Tower of London Greenwich c. Whereof there are divers Officers And Lastly There is a Removing Wardrobe which attends upon the Person of the King Queen and Children Ambassadours Christnings Masks Plays c. at the Command of the Lord Chamberlain who hath the disposing of the Vacant places Here are six Officers one Yeoman two Grooms and three Pages The Salary of the Yeomen 200 l. each Groom 100 pounds and each Page 100 Marks To All these together is allowed six Dishes each Meal All Moveables belonging to this Office are at length Divided into Three parts whereof the Yeoman hath one for his own use the Grooms another and the Pages the Third part The Office of Tents c. IN this Office of Tents Toyls Hays and Pavilions are Two Masters Four Yeomen one Groom one Clerk Comptroller one Clerk of the Tents The Office of the Robes BEsides the Master before-mentioned there is one Yeoman three Grooms one Page Two Surveyors one Clerk and Persons of several Trades Faulconers MAster of the Hawks and other Officers under him about London and other Places belonging to the King in all Thirty Three Huntsmen MAster of the Buck-Hounds a Serjeant and Thirty Four others one Master of the Otter-Hounds one Master of the Harriers and Five under him Messengers OF the Chamber in ordinary two Clerks of the Cheque and Forty others Musitians in ordinary Sixty Two Trumpeters in ordinary and Kettle-Drummers in all Fifteen Drummers and Fifes Seven Tradesmen one or two of all sorts Watermen Fifty Five Comedians Seventeen Men and Eight Women Keeper of Birds in St. James's Park one Keeper of the Volery and Serjeant Painter one of each With divers other Officers and Servants under the Lord Chamberlain to serve His Majesty upon Extraordinary occasions Many of these Offices and Places are of good Credit great Profit and Enjoyed by Persons of Quality Officers under the Master of the Horse FOur Querries from the French Escurie a Stable of the Crown-Stable and Eight of the Hunting-Stable Their Office is to attend the King in Hunting or Progress or on any occasion of Riding abroad to help His Majesty Up and Down from his Horse Fee to each of these is 20 l. yearly the ancient Fee but have 100 l. yearly Allowance for Diet besides Lodgings and two Horse Liveries Avenor from Avena Oats Fee 40 l. This Place with all the following is in the Gift of the Master of the Horse One Clerk of the Stable Four Yeomen besides Four Child Riders Yeoman of the Styrup Serjeant Marshal and Yeoman Farriers Four Groom Farriers Serjeant of the Carriage Three Surveyors A Squire and Yeoman Sadler Four Yeomen Granators Four Yeomen Purveyors A Yeoman Peck-man A Yeoman Bill-maker Four Coach-men Eight Litter-men A Yeoman of the Close Wagon Sixty four Grooms of the Stable whereof Thirty Grooms of the Crown-Stable and Thirty four of the Hunting and Pad-Stable Twenty six Footmen in their Liveries to Run by the King's Horse c. The Clerk of the Market who within the Verge is to keep a Standard of all Weights and Measures and to burn all False Weights and Measures And from the pattern of this Standard are to be taken all the Weights and Measures of the Kingdom The Military Government in the King 's Court. THe Horse Guards Life Guard or Guard of the King's Body consisting of Five hundred Horsemen all or most of them Gentlemen and old Officers commanded by their Captain who is at all times of War or Peace to Wait upon the King's Person as oft as he Rides abroad with a considerable number of those Horsmen well Armed His pay is 30 s. per diem These Horse have been divided into Three parts whereof 200 under the Command of the Master of the Horse and 150 under another Officer and the other 150 Commanded by another Officer The Pay to each of these Officers 20 s. per diem Under the Captains of the Guards are Two Lieutenants a Coronet a Quarter-Master and Four Brigadiers The Horsmens Pay is 4. s. per diem The Band of Pensioners FIrst Instituted by King Henry the Seventh and chosen out of the Best and most Ancient Families of England not only as a Faithful Guard to the King's Person but to be as a Nursery to breed up hopeful Gentlemen and fit them for Employment Civil and Military abroad or at home as Deputies of Ireland Ambassadors Counsellors of State Captains of the Guard Governours of Places and Commanders in Wars both by Sea and Land Their Office is to attend the King's Person to and from his Chappel and all publick Solemnities A Peer of the Realm is usually Captain whose Pay is 1000 l. per Annum his Lieutenant 200 l. yearly his Standard-Bearer 200 l. yearly Clerk of the Cheque 120 l. 1 s. 3 d. yearly and Forty Gentlemen Pensioners Fee to each is 100 l. yearly a Gentleman Harbinger to provide Lodging for them his Fee 70 l. 11 s. yearly These Wait one Half by Quarter Upon Extraordinary occasions All are Summoned Their ordinary Arms are Gilt Poleaxes their Arms on Horseback in time of War Curassiers Arms with Sword and Pistol They are not under the Lord Chamberlain but their own Officers and always Sworn by the Clerk of the Cheque who takes Notice who are absent from their Duty The Yeomen of the Guard ARe at present 100 Men in daily Waiting and 70 more not in Waiting as any of the 100 dye his Place is filled out of the Seventy these are chosen of the best Men under Gentlemen and of Larger Stature than ordinary for they were formerly to be six Foot high Their Office is in their Coats and Caps one Half with Harquebusses and the other Half with Partizans to wait upon the King in his Standing Houses Forty by Day and Twenty to Watch by Night and about the City to Wait on the King's Person abroad by Water or Land Their Captain 's Fee is 1000 l. yearly the Lieutenant 500 l. Ensign 300 l. Clerk of the Cheque 150 l. Four
Corporals 150 l. each The King hath many other Inferiour Officers which over-passing we come now to The Government of the Queen's Court IS suitable to the Consort of so Great a King Splendid and Magnificent And hath all Officers and a Houshold apart from the King For Maintenance whereof there is usually setled 40000 l. per Annum and is as followeth The Ecclesiastical Government of the Queens Court. THe Lord or Grand Almoner He hath Superintendency over all the Ecclesiasticks belonging to the Queen One Confessor to the Queen and Four Almoners One Treasurer of the Chappel Two Preachers Four Clerks of the Chappel and Four Boys Sixteen Chaplains Divers belonging to the Musick and Two Vergers or Porters The Civil Government of the Queen's Court. THere is a Counsel consisting of Persons of Great Worth and Dignity A Steward of the Revenue A Keeper of Her Majesties Great Seal A Chamberlain Master of the Horse A Vice-Chamberlain A Principal Secretary and Master of Requeste A Treasurer and Receiver General Attorney General Solicitor General A Surveyor General Six Gentlemen Ushers of the Privy Chamber Two Cup-bearers Two Carvers Two Sewers Five Gentlemen Ushers daily Waiters Ten Grooms ef the Privy Chamber Seven Gentlemen Ushers Quarter Waiters Six Pages attending at the Back-Stairs Four Pages of the Presence Officers of the Robes A Surveyor Proveditor Clerk Yeoman Groom Page Tayler and Brusher Twelve Grooms of the Great Chamber One Porter of the Back Stairs A Master of the Queens Barge and Twenty Four Watermen The Grooms of the Stole Lady of the Robes and of the Privy Purse Seven Ladies of the Bed-chamber One Keeper of the Sweet Coffers Six Maids of Honour and A Governess or Mother of the Maids Six Chamberers or Dressers A Laundress A Sempstress A Starcher A Necessary Woman These are all paid by Her Majesty out of her own Revenue There are besides Divers other Officers Below Stairs belonging to the Queens Table and Stable paid by the King for which is allowed 20000 l. more The Prince of Wales and other the King's Children have likewise their Courts or Housholds apart But these being not certain no certain Allowance or Settlement is of them but are rather at pleasure And therefore I shall not particularize them but refer to Chamberlain's Present State of England The Government of Cities ALthough every City is within some of the Counties herein before mentioned yet each of them are like a little Common-wealth Governed by Laws and Customs Ecclesiastical Civil and Military within themselves And this by Charter or Priviledges granted and cofirmed to them by several Kings of this Realm And there is for The Ecclesiastical Government of Cities A Bishop every City being or having been a Bishops See and hath a Cathedral to which belong a Dean A Chapter A Treasurer and Prebendaries who have Lands and Revenues belonging to them for their Maintenance and though the Bishoprick be dissolved the City remains as Westminster and Cambridge which was antiently reputed a City And for The Ecclesiastical Government of Parishes there is a Rector or Vicar for every Parish who is to have the Cure of the Souls of his Parishioners every one of which hath a Parsonage or vicaridge-Vicaridge-House and a Competent allowance of Tithes for their Maintenance And there is for The Civil Government of Cities A Mayor who is the King's Lieuetenant chosen by the Citizens and approved by the King and is for one year as a Judge to determine all Matters within his Jurisdiction and to Mitigate the Rigour of the Law And next in Government of Cities are the Two Sheriffs who are Judges in Civil Causes within the City and to see all Execution done whether Penal or Capital To Execute the Kings Mandates within the City c. And might rather be called State Reeves or Port-Reeves i. e. Urbis vel Portus Praefecti The Mayor Sheriffs and Aldermen of every City may make Laws called By-Laws for the Government of the City provided they are not Repugnant to the Laws of the Kingdom And these have several Courts which have Jurisdiction in all Civil and Criminal Causes only with Restraint that all Civil Causes may be removed from their Courts to the Higher Courts at Westminster But of all these we shall speak more at large when we come to treat of the City of London and other Cities in particular which may serve for an Example or Pattern of all the rest And therefore we shall begin with The City of London LOndon so called as some conjecture from the British word Longdin signifying in the Saxon Tongue Shipton or Town of Ships But others derive it otherwise And therefore not to insist thereon Nam utere tuo Judicio nihil impedio It was Built as some Write 1108 years before the Incarnation of our Saviour In the time of Samuel the Prophet Is in length about 7 Miles and half and about 2 Miles and half in breadth Hath above 500 Streets and Alleys and 15000 Houses within the Walls which may not be accompted above a Sixth part of the whole City The Cathedral Church of St. Paul was Built or begun by Ethelbert King of Kent about Anno Christi 610 and is the only Cathedral of that Name in Europe Besides this there are 130 Parish Churches besides Chappels which is double the number to be found in any other City in Christendom The Ecclesiastical Government OF London is as before mentioned of Cities in General By a Bishop and was in the time of the Britains by an Archbishop but by the Saxons the Archiepiscopal See was removed to Canterbury for the sake of St. Austin who first Preached the Gospel there to the Heathen Saxons and was there buried since which there have been 100 Bishops to the present Bishop there To this Cathedral belongs a Dean a Chapter and 30 Prebendaries maintained in like manner before mentioned in the General Government of Cities The Ecclesiastical Government of Parishes is as before mentioned by a Parson Rector or Vicar To have cure of Souls in every Parish who have a Parsonage or Vicaridge-House and a competent Allowance in Tithes which was anciently besides the Tithes of Tradesmen's gains and mortuaries c. 3 s. 5 d. in the pound Rent which they paid by a Half every Sunday and Holiday Afterwards by 25 Hen. 8. It was ordained and afterwards confirmed by 27 Hen. 8. and 37 Hen. 8. That 2 s. 9 d. in the pound should be paid for the Rent of all Houses Shops c. to the Parson with power to the Lord Major to Imprison any Person should refuse to pay the same The Civil Government OF London is by a chief Magistrate anciently called The Prefect of London In the Saxons time Portegreeve by the Norman's Bailiff or Bailiffs till King Rich. the First Anno 1189 changed the name of Bailiff to Mayor which is now The Lord Mayor and is a Citizen yearly chosen by the Citizens and approved by the King unless sometimes for Disloyalty their
can Examine after Judgment 10 Hen. 6.14 15. Also there is a practise called Marking of a Cause before the Lord Mayor which is after a Verdict given for the Plaintiff in the Sheriffs Court the Defendant may get the Cause marked by one of the Clerks in the Lord Mayor's Court to stay Judgment and Execution until the matter be Examined in Equity where the Lord Mayor doth oftentimes mitigate the Damages or give the Defendant time to pay it c. This Court is held Mondays Tuesdays and every day if the Lord Mayor please to sit The Court of the Mayor and Aldermen THis is a Court of Record consisting of the Lord Mayor Recorder and Twenty three Aldermen whereof the Two Sheriffs are part And their Proceedings is by Arrest of the Body or Attachment of the Defendants Goods and in that case much like the other Courts of Common Law By the Statute of 43 Eliz. cap. 12. They have power to correct Errors used for default of good Governance c. in the City The Court of Orphans THe Mayor and Aldermen by Custom have the Custody of Orphans within the City And if they commit the custody to another Man he should have a Ravishment of Ward if the Orphan be taken away And they shall have custody of the Lands and Goods of such Orphans A Recognizance may be acknowledg'd in this Court before the Mayor and Aldermen to the Chamberlain for Orphans and he being a sole Corporation the Recognizance and Bond made to him and his Successors concerning Orphans shall by Custom go to his Successors Executors or Administrator are to Exhibite true Inventories before the Lord Mayor and Aldermen and give Security by Rocognizance or the Court may commit them to Prison till they do it If the Father advance any of his Children by part of his Goods that shall bar him to demand any further unless the Father under his Hand or by Will declare it was but in part of Advancement and then that Child putting his part in Hotchpot with the Executors and Widow may have a Third part of the whole and this the Civil Law calls Collatio Bonorum How the Goods of a Freeman shall be divided See Coke's 1 Inst Sect. 207. The Court of Common Councel THis is held by the Lord Mayor Aldermen and Commonalty Resembling the High Court of Parliament The Commonalty being chosen out of every Ward constitute the Lower House and Represent all the Commonalty of the City Here they make Acts for the better Government of the City For the Execution of the Laws and Statutes of this Realm Pro Bono publico and for the better advancement of Trade and Traffick Provided such Constitutions be not contrary to the Laws of the Realm And these being made by Mayor Aldermen and Commonalty do bind within the City And they of the Common Assembly do give their Assent by holding up their Hands The Court of Wardmote Inquest THis Resembles the Country Leets Every Ward being as a Hundred and the Parishes as Towns And in in every Ward there is an Inquest of Twelve or more Sworn every year to Inquire of and present Nusances and other Offences within the Ward The Court of Hallmote THis is as much as to say The Court of the Hall being the Court which every Company in London keeps in their Halls which was anciently called The Hallmote or Folke Mote The Chamberlain 's Court for Apprentices BEfore the Chamberlain all Indentures of Apprentices are or ought to be Inrolled and if they be not Inrolled and if they be not Inrolled the Apprentice may refuse to Serve and Sue out his Indenture in this Court at his Pleasure and be discharged of his Master The Chamberlain is Judge in all Complaints either of the Servant against the Master or Master against the Servant and punisheth the Offenders at his Discretion In this Court are all Apprentices made Free And that may be Three manner of ways By Service as are Apprentices By Birthright as being the Son of a Freeman which is called Freedom by his Fathers Copy or by Redemption by Order of the Court of Aldermen The Court of the Conservator of the Water and River of Thames THe Lord Major of London for the time being is the Conservator or Governor of the River of Thames and the Issues Breaches and Lands overflown from Stanes Bridge to the Waters of Yendal or Medway And hath Authority for punishment of such as use unlawful Netts or Engins in Fishing or take Fish under Size or unseasonably c. 4 Hen. 7. cap. 15. And in all Commissions touching the Water of Lee the Lord Mayor shall be one 3 Jac. cap. 14. The Court of the Coroner in London THe Mayor is Coroner within the City And this Court is holden before him or his Deputy See Coroner before in the Counties The Court of Escheator in London THe Lord Mayor is also Escheator within the City And this Court is holden before him or his Deputy Vide Escheator before in Counties The Court of Policies and Assurances THis Court Sitteth by Force of the Commission under the Great Seal Warranted by Act of Parliament Ann. 43 Eliz. cap. 12. there being an Officer or Clerk to Register Assurances The Jurisdiction of which Court you may read in that Act of Parliament being for Incouragement of Trade The Judge of the Admiralty Recorder Two Doctors of Civil Law Two Common Lawyers Eight Merchants or any five of them to determine all differences concerning Assurances as they shall think fit without Formalities of Pleadings And to Commit to Prison without Bail all such as disobey their Decrees And to that end they are to meet once a Week at the Assurance Office and not to take any Fee If any be grieved by their Decree he may Exhibit his Bill in Chancery for Re-examination of that Decree The Lord Mayor is Chief Judge at the Court or Sessions of Gaol Delivery held Eight times in the year or oftner at the sessions-Sessions-House in the Old Baily for the City of London and County of Middlesex for the Tryal of Criminals and hath power to Reprieve Condemned persons The Tradesmen in London are divided into Corporations or Companies and are so many Bodies Politick of these Twelve are called Chief Companies and he that is chosen Lord Mayor if he be not before must be made Free of one of these Companies viz. Mercers Grocers Drapers Fishmongers Goldsmiths Skinners Merchant Taylors Haberdashers Salters Ironmongers Vintners Cloth-Workers All which Companies have Assembling places called Halls and each of them hath a Master chosen Annually from amongst themselves and Subordinate Governours called Wardens or Assistants And these in their Companies exactly correspond to the General Government of the City Several of our Kings have to honour some of these Companies taken their Freedom of it as VII several Kings had been of the Taylors Company whereof the last of these Seven being King Henry the 7th gave them the Name and Title of Merchant Taylors
expresly forbid the same as heretofore hath sometimes been done It is free for any Man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is firâ—t put in Writing and called a Bill which being read commonly after Nine of the Clock in a full Assembly it is either unanimously Rejected at first or else allowed to be Debated and then it is committed to a certain Number of the House presently nominated and called a Committee After it hath been amended and twice read two several Days in the House then it is Ingrossed that is written fair in Parchment and read the third time another Day and then if it be in the Lords House the Lord Chancellor in the Commons House the Speaker demandeth if they will have it put to the Question Whether a Law or no Law If the Major Part be for it there is written on the Bill by the Clerk Soit Baille aux Communes or Soit Baille aux Seigneurs retaining still in this and some other things about making Laws the Custom of our Ancestors who were generally skilled in the French Tongue Note That when the Speaker finds divers Bills prepared to be put to the Question he gives notice the Day before That on the Morrow he intends to put such Bills to the Passing or third Reading and desires the special Attendance of all the Members Note also That if a Bill be Rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usual to shew their Respect attended with Thirty or Forty of the Members of the House As they come up to the Lords Bar the Member that hath the Bill making three profound Reverences delivereth it to the Lord Chancellor who for that purpose comes down to the Bar. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other Person whose Place is on the Wooll-sacks and by none of the Members of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into Consideration if aftewards it pass that House then is written on the Bill Les Communes oâ—t assentez When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same Day lest the whole time should be spent in Debate Also if a Bill be debating in the House no Man may speak to it in one day above once If any one speak words of Offence to the King's Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily assemble not though many times they continue sitting long in the Afternoon Committees sit after Dinner where it is allowed to speak and reply as oft as they please Note By Death or Demise of the King the Parliament is ipso facto dissolved Anciently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intending that every one hath Notice by his Representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside See before in High Court of Parliament Page 51. To the Court of the High Steward of England BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have Right to sit and Vote in Parliament shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial and every Peer so summoned and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. M. Intituled An Act for Abrogating the Oaths of Allegiance and Supremacy and Appointing other Oaths And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis For disabling Papists to sit in either House of Parliament Provided that neither the Act nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever Provided also That the Act nor any thing therein contained shall any ways extend to any Indictment of High Treason nor to any Proceedings thereupon for Counterfeiting the King's Coyn his Great Seal or Privy Seal his Sign Manual or Privy Signet See before in The Court of the High Steward of England Page 81. Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian c. of England in the King's Absence FOR his Authority Place and Precedency See Rot. Parl. Anno 1 Hen. 6. Nu. 26 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 23 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71. The Lord Coke in his 4th Inst. Cap. 3. saith The surest way is to have him made by Authority of the Great Council in Parliament Richard Duke of Gloucester Uncle to King Edward the 5th and afterwards King by the Name of Richard the 3d. was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority Holinshead's Chron. fol. 1363. And for the Government of the Realm and Surety of the Person of King Edward the 6th his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms Dominions and Subjects and so proclaimed the 1 st of February Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof And on the 6th of Feb. Anno 1547. the said Earl of Hertford Lord Protector Adorned King Edward with the Order of Knighthood remaining then in the Tower and therewith the King standing up called for Henry Hubblethorn Lord Mayor of the City of London who coming before his Presence the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo 1614. The King when he intends to go or is in remotis out of the Realm appoints a Guardian c.
these Archbishops have the Style of Grace with the Title of Lord prefixed in speaking to them and are termed Arch or Chief Bishops it seeming requisite to our Ancestors according to other Christian Churches since the first Nicene Council to have amongst a certain number of Bishops One to be Chiefest in Authority over the rest for the remedy of General Disorders or when the Actions of any Bishop should be called in question c. And next under these Archbishops are Bishops Twenty four whereof Twenty one Bishops with their Bishopricks or Diocesses are in the Province of Canterbury and the other Three in the Province of York who are in Conformity to the first Times and Places of Established Christianity One of the Clergy Ordained in every City to have the preheminence over the rest of the Clergy within certain Precincts And these are likewise Lords in respect of their Baronies annexed to their Bishopricks and for easing the Bishop of some part of his Burthen as the Christians waxed Great or as in respect of the Largness of the Diocess in the primitive Times there were Ordained Chorepiscopi Suffragan or Subsidiary Bishops so in England are such Ordained by the Name of Bishops Suffragans or Titular Bishops who have the Name Title Style and Dignity of Bishops and as other Bishops are Consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as are limited by the Bishop or Diocesan whose Suffragan he is By Act of Parliament of King Henry the 8th still in force they are to be only of several Towns therein named and in case the Archbishop or some other Bishop desire the same the Bishop is to present Two Able Men whereof the King chuseth One for any of the places named And the next in the Church Government is the Arch-Deacon who tho' a Presbyter himself is so named for that he hath Charge over the Deacons who are to be guided and directed by him under the Bishop and of these are Sixty in England And next under them are Deacons or Deans from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because anciently set over Ten Canons at the least which Canons were prudent and pious Pastors placed in a Collegiate manner at every Cathedral or Apostolick See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves for Government and Authority in the Church and accordingly in every Cathedral Church in England is A Dean and under him a certain number of Prebendaries or Cannons and this Dean is sometimes styled Alter Episcopi Oculus the other being the Arch-Deacon and of these Deacons are 26 Deans of Cathedral and Collegiate Churches and 544 Prebendaries And next are Rural Deans or Archi-Presbyters so called because they had usually charge over Ten Country Parsons Presbyters or Priests having the Guidance and Direction of them and of these are many in England And in the last place are Pastors Presbyters or Priests of every Parish commonly called Rectors unless the Praedial Tithes are Impropriated and then they are called Vicars quasi Vice Fungentes Rectorum and of these Rectors or Parsons and Vicars are about 9700 besides Curates who for Stipends assist such Rectors and Vicars that have the Cure of more Churches than One. Of all which with their manner of Election Consecration Function Precedence Priviledges and Duties c. you may Read more at large in several Authors who have writ particularly thereof to whom I refer and proceed to the first Great Wheel moved by the King and his Privy Council in the Ecclesiastical Government which is The Convocation BEing a National Synod which the King by the Advice of his Privy Council usually Convokes for the Church Legislative Power or for making Ecclesiastical Laws or consulting of the more weighty Affairs of the Church in this manner The King directs his Writ to the Archbishop of each Province whereupon the Archbishop directs his Letter to his Dean citing himself peremptorily and then willing him in like manner to Cite all the Bishops Deans Archdeacons Cathedrals and Collegiate-Churches and all the Clergy of his Province to the Place and at the Day prefixt in the Writ But directeth withal that One Proctor sent for each Cathedral and Collegiate Church and Two for the Body of the Inferiour Clergy of each Diocess may suffice The Dean Provincial accordingly directs his Letters to the Bishop of every Diocess within the Province Citing them in like manner to appear personally and the Cathedral and Collegiate Churches and Inferiour Clergy of his Diocess to send their Proctors to the Place and at the Day appointed also to certifie to the Archbishop the Names of all so Summoned by them The Place where the Convocation of the Clergy was usually held was heretofore at St. Paul's Church of latter Times in King Henry the Sevenths Chappel at Westminster The Higher House in the Province of Canterbury consisting of Twenty two Bishops of whom the Archbishop is President sitting in a Chair at the Upper end of a Great Table and the Bishops on each Side of the same Table all in their Scarlet Robes and Hoods the Archbishops Hood Furr'd with Ermin the Bishops with Minever The Lower House consisting of Twenty two Deans Twenty four Prebendaries Fifty four Archdeacons and Forty four Clerks representing the Diocesan Clergy in all One hundred Sixty six Persons Their Jurisdiction is to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein to proceed Juxta Legem Divinam Canones Ecclesiae and as they are called so they are often commanded by the King 's Writ to deal with nothing that concerns the King's Laws of the Land his Crown and Dignity c. And the same is so Declared by Act of Parliament 25 Hen. 8. cap. 19. And what Cannons they make with the Royal Assent are binding upon themselves and all the Laity But before the above-mentioned Act a Dism◠granted by the Clergy in the Convocation did not bind the Clergy before the Royal Assent The first Day of their meeting the Upper House chuse a Bishop for their Prolocutor and the Lower House being required by the Higher chuse them a Speaker or Prolocutor whom by two Members they present to the Upper House One of them making a Speech in Latin and then the Elect Person makes another Speech in Latin and then the Archbishop Answers in Latin and in the Names of all the Lords approves the Person Both Houses Debate and Transact only such matters as His Majesty by Special Commission alloweth In the Higher House all things are first proposed and then communicated to the Lower House The Major Vote in both Houses prevails Out of Parliament time they usually assemble about Nine of the Clock in the Morning And first the Junior Bishop says in Latin Prayers beginning with the Litany and Prayer for the King c. In the Lower House the Prolocutor says
pray to God for him c. and this by divers Writers appears to be the practice used by the Primitive Churches And this Punishment if the Crime be not very notorious may by the Canons of the Church of England be commuted to a Pecuniary mulct to the Poor or to some other pious Use Punishments Ecclesiastical peculiar to the Clergy TO the before-mentioned Punishments both Clergy and Laity are subject but there are Punishments to which the Clergy only are liable as first Suspensio ab Officio Is when the Minister for a time is declared unfit to execute the Office of Minister Then Suspensio à Beneficio when the Minister is for a time deprived from the profits of his Benefice and these two Censures are wont to be for smaller Crimes Then Deprivatio à Beneficio is for a greater Crime wherein a Minister is wholly and for ever deprived of the profits of his Benefice or Living And Lastly Deprivatio ab Officio when a Minister is for ever deprived of his Orders and this is called Depositio or Degradatiâ—â— and is commonly for some heinous Crime deserving Death and is performed by the Bishop in a Solemn manner pulling off from the Criminal his Vestments and other Ensigns of his Order and this in the presence of the Civil Magistrate tâ— whom he is then delivered to be punished as a Layman for the like Offence And this may suffice for a shoâ—â— view of the Ecclesiastical Government The Civil Government c. A Brief Account of the Ecclesiastical Government having been given In the next place we are to Treat of the Civil Government the first great Wheel moved therein by the King and his Privy Council Being The High Court of Parliament BEfore the Conquest called the Great Council of the King consisting of the Great Men of the Kingdom It was also called Magnatum Conventus or Praelatorum Procerumque Consilium and by the Saxons Michel Gemot and Witenage Mote after the Conquest it was called Parliamentum from the French word Parler still consisting of the Great Men of the Nation as some hold until the Reign of Hen. 3. when the Commons also were called The first Writs to Summon or Elect them being said to bear date 49 Hen. 3. above 400 years ago so that now this High Court consists of The King who being Caput Principium Finis Parliamenti Sits there as in his Royal Politick Capacity The Lords Spiritual As the Two Archbishops and Bishops being in number about Twenty four who sit there by Succession in respect of their Baronies and to every one of these Ex Debito Justitiae a Writ of Summons is to be directed The Lords Temporal As Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities and were in the Lord Cokes time about 106 now near twice that number And every of these being of full Age Ex Debito Justitiae ought to have a Writ of Summons And The Commons of the Realm being Knights of Shires Citizens of Cities and Burgesses of Burroughs all which are respectively Elected by the Counties Cities and Burroughs and none of them ought to be omitted and these were in number in the Lord Cokes time 493 now about 513 persons Spiritual Assistants are Procuratores Cleri who are so called as by the Writ to the Bishop before mentioned appears to Consult and to Consent but never had Voices as being no Lords of Parliament And by the Treatise De modo tenendi Parliamentum they should appear cum praesentia eorum sit necessaria Temporal Assistants Are all the Judges of the Realm Barons of the Exchequer and of the Coif The King 's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the upper House of Parliament but have no Voice and their Writs differ from the Barons being Quod intersitis nobiscum cum caeteris de concilio nostro super praemissis tractaturi vestrumque Concilium impensuri Romulus Ordained 100 Senaâ—ours which were afterwards increased to 300 and of that number were our House of Commons in Fortescue's time The Person Summoning is the King or in his Absence the Custos Regni or in his Minority the Protector Regni doth Summon the Parliament which cannot be begun without the Kings Presence either in Person or Representation by Commission under the Great Seal or by a Guardian of England by Letters Patents The manner of Summoning a Parliament is in manner following About 40 days before their time of Sitting the King cum Advisamento Consilij sui Issues out of Chancery Writs of Summons to every Lord of Parliament Spiritual and Temporal Commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to Appear Treat and give their Advice in certain Important Affairs concerning the Church and State c. And the Warrant is per ipsum Regem Concilium And for Summoning the Commons a Writ goeth to the Lord Warden of the Cinque Ports for Election of the Barons of the Cinque Ports who in Law are Burgesses and to every Sheriff in the 52 Counties in England and Wales for the Choice and Election of Knights Citizens and Burgesses within every of their Counties respectively Two Knights for each County Two Citizens for each City and One or Two Burgesses for each Burrough according to Statute Charter or Custom Persons Elected for each County ought to be Milites Notabiles or at leastwise Esquires or Gentlemen fit to be made Knights they ought to be Native Englishmen or at least such as have been Naturalized by Act of Parliament No Alien or Denizen none of the 12 Judges no Sheriff of a County no Ecclesiastical person having Cure of Souls may be a Parliament Man And for Legality of Sitting in Parliament he must be 21 years old All the Members of Parliament both Lords and Commons with their Menial Servants and necessary Goods are Priviledg'd during the time of Parliament Eundo Morando ad proprium redeundo But not from Arrests for Felony Treason or Breach of the Peace If the King do not think fit the Parliament shall Sit at the day of Return of the Writ he may by Writ Patent Prorogue them till another day as was done 1 Eliz. At the day of Meeting of the Parliament The King and by his Direction the Lord Chancellor The Lord Keeper of the Great Seal or some other by the Kings appointment Declares the Causes of Calling the Parliament as in Ed. 3. time Sir Henry Green Lord Chief Justice although the Lord Chancellor were present And when a Bishop is Lord Chancellor he usually takes a Text of Scripture in Latin and Discouses thereupon And when a Judge by way of Oration he Declares the Cause of Calling the Parliament The Lords in their House have power of Judicature The Commons in their House to some purposes have power of Judicature and both together have power of Judicature But this
Priviledges and Franchises are taken from them and a Guardian set over them as was done by Hen. the Third and Ed. the First He is usually Knighted by the King before the end of his Mayoralty if he had not that Honour before His and the Sheriffs Tables are open to all comers and for his Grandeur is allowedâ— 1000 l. for his Sword-bearers Table His Domestick attendance is very Honourable and hath Four Officers reputed Esquires by their places viz. The Sword-bearer Common Hunt who keepeth a Kennel of Hounds Common Cryer and the Water Bailiff There is also the Coroner Three Serjeant Carvers Three Serjeants of the Chamber A Serjeant of the Channel Four Yeomen of the Water-side One under Water Bailiff Two Yeomen of the Chamber Three Meat weighers Two Yeomen of the Wood-wharfs most of which have their Servants allowed them and have Liveries for themselves Upon the Death or Demise of the King he is said to be the Prime Person of England On the day of the Kings Coronation he claims to be chief Butler and to bear the Kings Cup amongst the Highest Nobles of the Kingdom His Authority reaches not only over all the City but part of the Suburbs and on the River of Thames Eastward as far as Yendale or Yenleete and Westward as far as Colney Ditch above Stanes Bridge and keeps several Courts in the Counties adjacent to the Thames for Conservation of the River and Punishment of Offenders therein And there are Two Sheriffs of London who are also Sheriffs of the County of Middlesex and are Annually chosen by the Citizens from among themselves in the Guild-hall upon Midsumer day approved by the King and then upon Michaelmas Eve Sworn and presented to the Barons of the Exchequer to be allowed by the Barons and Sworn If the Persons so chosen refuse to hold they incur a Penalty unless they will make Solemn Oath they are not worth 10000 l. Twenty six Aldermen Preside over the 26 Wards of the City When any of these die The Lord Mayor and Aldermen chuse another out of the most substantial Men of the City and if any so chosen refuse to hold he is commonly fined 500 l. All the Aldermen who have been Lord Mayor and the Three eldest who have not yet arrived to that Honour are by their Charter Justices of Peace And this City of London is Camera Regis Reipublicae Cor totius Angliae Epitome To the Lord Mayor and the City of London belong divers Courts of Judicature amongst which the chief is The Court of Hustings DOmus Causarum Hus being in the Saxon Tongue House and Dhing Things It is the Highest Court of London And is holden before the Lord Mayor and Sheriff or now in the Sheriffs absence Six Aldermen which sit in Court there every Tuesday altho' that it may not seem to Vary from the Command of St. Edward the Confessor that it should be holden every Monday it is still written to be holden on the Monday And hath Cognizance of all Pleas Real mixt and Personal For the Rule in the Register is Quodlibet breve quod tangit Liberum Tenementum in London dirigitur Majori sive Custodi Vicecomitibus Et â—lia Brevia tantum Vicecomitibus By Fleta lib. 28 48. It appears that the name or Court is not appropriated to London only for the King hath his Court in Civitatibus Burgis Locis Exemptis sicut in Hustingis London Winton Lincoln Eborum apud Shepway ubi Barones Cives Recordum habent c. One Week the Judges sit upon Pleas Real The next upon Actions mixt or of any other nature So that all Lands Tenements Rents and Services within London and the Liberties and Suburbs thereof are Pleadable at Guild-Hall in two Hustings one called Husting de placito Terrae and the other Husting Commun ' Placitorum And if a Man be impleaded in the Common Pleas of Lands in London The Tenant shall say the Lands are in London and time out of mind c. every one hath been impleaded for them within the City in the Hustings But since Real Actions have grown out of use by trying Titles by Ejectionâ— firmae The ancient Customs and Practise of this Court are much declined The Sheriffs Court in London THe Two Sheriffs keep each of them a Court of Record within the City by Prescription or Custom where they hold Plea of all personal Actions and have belonging to these Courts Two Prisons called Compters the one in Wood-street The other in the Poultry They hold Two Court-days each in every Week That for Wood-street on Wednesdays and Fridays And that for the Poultry Compter on Thursdays and Saturdays In Plaint of Debt the Custom is the Sheriffs Ore Tenus send to the Serjeants to Summon or Attach the Defendant without Warrant and upon Nihil Returned within the City the Serjeants by Commandment from the Sheriff have used to Attach and Arrest the Defendant to have his Body at the next Court before the Sheriff at the Guild-Hall They certifie their Records in that manner but the usual practise is to enter an Action in the Office for that purpose at one of the Compters which Action must be carefully entred for it is the Original of that Court by which you declare and from which there can be no variance And when an Action is entred the Serjeant may Arrest the Defendant and bring him into Custody until he find Bail to answer the Condemnation which Bail is taken by one of the Clerk Sitters at the Compter who constantly attend The Plaintiff ought to declare the first Court after the Defendant is Arrested although further time is usually given Ex gratia Curiae per mot ' But if the Plaintiff have no Attorney the first Court a Non-suit may be had by the Defendant If the Defendant be a Freeman he hath four defaults But they are allowable only in Debt Accompt or Covenant broken and not otherwise If the Defendant be in the Compter he is brought to the Bar by a Duci facias which is but the Sheriffs Mandate made by the Clerk of the Papers They have in each Court a Steward or Judge who is Learned in the Laws and besides their particular Customs their Proceedings are generally according to the Common Law at Westminster But of their particular practise Vide Compleat Sollicitor and others There is also in London a Court of Chancery or Equity held before the Lord Mayor which is commonly called The Court of Conscience WHerein they do proceed by English Bill Answer Replication and Rejoynder much like the Proceedings in the High Court of Chancery And the Custom of London is when a Man is Impleaded before the Sheriff The Mayor may send for the Parties and for the Record upon Suggestion of the Defendant and Examin the Parties upon the Pleas and if it be found upon Examination that the Plaintiff is satisfied The Mayor may award the Plaintiff shall be Barred But by no Custom he