to the Court at White-hall and there at that time the King gave unto him for the Communalty and Citizens to be a Work-house for the poor and idle persons of the City his house of Bridewell and seven hundred Marks Land late of the possessions of the house of Savoy and all the Bedding and other Furniture of the said Hospital of the Savoy towards the maintenance of the said Work-house of Bridewel and the Hospital of St. Thomas in Southwark This gift King Edward confirmed by his Charter dated the 26. of Iune next following And in the year 1555. in the moneth of February Sir William Gerrard Mayor and the Aldermen entred Bridewel and took possession thereof according to the gift of the said King Edward the same being confirmed by Queen Mary The Bishop of St. Davids had his Inne over against the North side of this Bridewell as I have said Then is the Parish Church of St. Bridget or Bride of old time a small thing which now remaineth to be the Quire but since increased with a large Body and side Iles towards the West at the charges of William Vinor Eâ—quire Warden of the Fleet about the year 1480. all which he cauâ—ed to be wrought about in the stone in the figure of a Vine with Grapes and Leaves c. The partition betwixt the old work and the new sometime prepared as a Screne to be set up in the Hall of the Duke of Summersets House at the Strand was bought for eightscore pounds and set up in the year one thousand five hundred fifty seven The next is Salisbury Court a place so called for that it belonged to the Bishops of Salisbury and was their Inne or London House at such time as they were summoned to come to the Parliamâ—nt or came for other business It hath of late time bin the dwelling first of Sir Richard Sackvile and after of Sir Thomas Sackvile his Sonne Baron of Buckhurst Lord Treasurer who very greatly inlarged it with stately Buildings Then is Water-lane running down by the West side of a House called the Hanging Sword to the Thames Then was the White Fryers Church called Fratres beatae Mariae de monte Carmeli first founded saith Iohn Bale by Sir Richard Gray Knight Ancestor to the Lord Gray of Codner in the year 1241. King Edward the first gave to the Prior and Brethren of that house a plot of ground in Fleet-street whereupon to build their House which was since reedified or new builded by Hugh Courtney Earl of Devonshire about the year one thousand three hundred and fifty the four and twentieth of Edward the third Iohn Lufken Mayor of London and the Commonalty of the City granted a Lane called Crockers-lane reaching from Fleetstreet to the Thames to build in the West end of that Church Then is the Sergeants Inne so called for that divers Iudges and Sergeants at the Law keep a Commons and are lodged there in Terme time Next is the New Temple so called because the Templers before the building of this House had their Temple in Oldbourn This house was founded by the Knights Templers in England in the Reign of Henry the second and the same was dedicated to God and our Blessed Lady by Heraclius Patriark of the Church called the Holy Resurrection in Jerusalem in the year of Christ 1185. Many Parliaments and great Councels have been there kept as may appear by our Histories In the year 1308. all the Templers in England as also in other parts of Christendom were apprehended and committed to divers Prisons Anno 1310. a Provincial Councel was holden at London against the Templets in England upon Heresie and other Articles whereof they were accused but denyed all except one or two of them notwithstanding they all did confesse that they could not purge themselves fully as faultless and so they were condemned to perpetual penance in several Monasteries where they behaved themselves modestly Philip King of France procured their over-throw throughout the whole World and caused them to be condemned by a general Councel to his advantage as he thought for he believed to have had all their Lands in France and therefore seizing the same in his hands caused the Templers to the number of 54. or after Fabian threescore to be burnt at Paris Edward the second in the year 1313. gave unto Aimer de la Valence Earl of Pembrook the whole place house called the new Temple at London with the ground called Fiquetes Croft and all the Tenements and Rents with the appurtenances that belonged to the Templers in the City of London and Suburbs thâ—reof After Aimer de Valence saith some Hugh Spencer usurping the same held it during his life by whose death it fell again to the hands of Edward the third but in the mean time to wit 1324. by a Councel holden at Vienna all the Lands of the Templers lest the same should be put to prophane uses were given to the Knights Hospitalers of the Order of St. Iohn Baptist called Saint Iohn of Ierusalem which Knights had put the Turks out of the I le of Rhodes and after wan upon the said Turk daily for a long time In the Reign of the same Edward the third was granted for a certain Rent of ten pounds by the year the said Temple with the Appurtenances thereunto adjoyning to the Students of the Common Lawes of England in whose possession the same hath ever sithence remained and is now divided into two Houses of several Students by the name of Inns of Court to wit the Inner Temple and the Middle Temple who keep two several Halls but they resort all to the said Temple-Church in the round walk whereof which is the West part without the Quire there remain Monuments of Noblemen buried to the number of eleven eight of them are Images of Armed Knights five lying Crosse-legged as men vowed to the Holy Land against the Infidels and unbelieving Jews the other three straight-legged The rest are coaped stones all of Gray Marble the first of the Crosse-legged was William Marshal the elder Earl of Pembrooke who died 1219. William Marshall his Sonne Earl of Pembrooke was the second he dyed 1231. And Gilbert Marshall his Brother Earl of Pembrooke slain in a Turnament at Hartford besides Ware in the year 1241. Of the Twenty sixth or the last Ward of the City of LONDON called the Bridge-Ward without containing the Bourough of Southwark WE have now almost finished the Perambulation for having treated of Wards in London on the North side of the Thames in number five and twenty we are now to crosse over the said River into the Burough of Southwark which is also a Ward of London without the Walls on the South side thereof as is Portsoken on the East and Faringdon Extra on the West But before we come to the particular Description of this Ward it will not be impertinent to declare when and by what meanes the Burough of Southwark now called Bridge-Ward without
the Clerks of the Petty-bag and the six Attorneys Having spoken somewhat of this Court 's ordinary Jurisdiction something shall be said of the extraordinary proceedings thereof according to the Rule of Equity secundum aquum et bonum or according to the dictates of Conscience for the Lord Chancelor or Keeper of the Great Seal of England may be said to be Keeper of the Kings Conscience for mitigation of the rigour of the Common Law Yet this Court of Equity proceeding by English Bill is no Court of Record therefore it can bind but the Person only and neither the State of the Defendants Lands nor property of his Goods and Chattles therefore if the Lord Chancelor impose any fine it is void in Law he having no power but on the Person only Yet the Lord Chancelor or Keeper is sole Judge both in this Court of Equity and in the Court concerning the Common Law but in cases of weight or difficulty he doth assist himself with some of the Judges and no greater exception can be taken hereunto than in case of the Lord Steward of England being sole Judge in tryal of the Nobility who also is assisted with some of the Judges Touching this Court of Equity the ancient Rule is that three things are to be considered in a Court of Conscience Covin Accident and Breach of confidence All Covins collusions frauds and deceits for which ther 's no remedy by the ordinary course of Law Accident as when the servant of an Obligor or Morgageor is sent to pay the money on the day and he is robb'd c. then remedy is to be had in this Court against the forâ—eiture The third is breach of tru't and confidence whereof there are plentiful examples The ancient Custome was when one was made Lord Chancellor for the King to hang the Great Seal about his Neck Cardinal Woolsey had the Chancelorship by Letters Patâ—ents during life but it was held void because an ancien Office must be granted as it was accustomed Henry the 〈◊〉 had two great Seals one of Gold which he delivered the Bishop of Durham and another oft Silver which he delivered the Bishop of London The Chancellors Oath consists of six parts 1. That well and trâ—ly he shall serve the King our Soveraign Lord and his People in the Office of Chancellor or Lord Keeper 2. That â—e shall do right to all manner of people poor and rich after the Laws and usages of the Realm 3. That he shall truly Counsel the King and his Counsel he shall layne or conceal and keep 4. That he shall not know nor suffer the hurt or disheriting of the King or that the Rights of the Crown be decreased by any means as far as he may let it 5. And in case he cannot let it he shall make it clearly and expresly to be known to the King with his true advice and counsel 6. He shall do and purchase the Kings profit in all that he reasonably may There be in this Court many Officers whereof mention is made before the principal whereof is the Master of the Rolls which is an ancient Office and grantable either for life or at will according to the Prince his pleasure Edward the third by Letters Patents annex'd the House of the converted Iews in Chancery Lane to this Office for keeping of the Records of the Chancery viz. Charters Letters Patents Commissions Deeds Recognizances which before the Reign of Henry the seventh were used to be transmitted to the Tower of London The Master of the Rolls used to have Iure Officii the gift of the Offices of the six Clerks in the Chancery and in the absence of the Lord Chancellor he heareth Causes and giveth Orders OF THE COVRT OF COMMON-PLEAS IN WESTMINSTER-Hall IN times pass'd the Courts and Benches or Banks of Justices as was touched before followed the Kings Person wheresoever he went as well since the Conquest as before which thing being found chargeable and cumbersome The ninth of Henry the third it was resolved that there should be a standing place appointed where matters should be heard and determined And the Court of the Common Pleas was the first that was fix'd wherein tenures of Lands and civil Actions used to be pleaded And it is one of the Statutes of Magna Charta Quod Communia placita non sequantur Curiam nostram sed teneantur loco certo That the Common Pleas follow not our Court but be kept in a certain place Now Pleas are distinguished into Pleas of the Crown as Treason and Felony with misprision of Treason and Felony which belong to the Upper Bench and to Common or Civil Pleas whereof this Court takes Cognizance This Court therefore is call'd the Lock and Key of the Common Law of England and the Judges there sitting had need to be more knowing and learned than any other for here all Reall Actions whereupon Fiâ—es and recoveries the common assurances of the Land do passe and all other reall Actions by original Writs are to be determined as also of all Common 〈◊〉 mixt or personal in divers of which the Kings Bench this Court have a concurrent authority But regularly this Court cannot hold Common 〈◊〉 in any Action real mix'd or personal but by Writ out of the Chancery and returnable to this Court yet this Court in some cases may hold Plea by Bill without any Writ in the Chancery as for or against any Officer 〈◊〉 or priviledged Person of this Court. This Court also without any Writ may upon a suggestion grant Prohibitions to keep Temporal as well as Ecclesiastical Courts within their bounds and jurisdictions without any Original or Plea depending for the Common Law which in those cases is a Prohibition of it self stands instead of an Original The Chief Justice of this Court is created by Letters Patents during the pleasure of the Prince and so are the rest of his Associats but none is capable to be constituted a Judge here unlesse he be a Sargeant at Law of the degree of the Coif The jurisdiction of this Court is general extendeth throughout England The Officers of this Court are many viz. Custos Brevium three Protonotaries Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoins Clerk of the Outlaries which belongeth to the Attorney General who doth exercise it by Deputy In former times great abuses have been by Attorneys of this Court by suing out a Judicial Processe with any Original which when detected have been severely punished OF THE COVRT OF THE EXCHEQUER THe Authority of this Court is of Original Jurisdiction without any Commission In the chief place of account for the Revenues of the Crown The Hearers of the accounts have Auditors under them and they who are the chief for the accounts of the Prince are called Barons of the Exchequer whereof one is called Lord Chief Baron The greatest Officer of all is the Lord Treasurer In
this Court are heard those that are Delators or Informers in popular or penal Actions having thereby part of the profit assign'd unto them by the Law In this Court if any question be 't is determined by the Common Law of England by twelve men and all Subsidies Taxes and Customes by account For in this Office the Sheriffs of the Countries do attend upon the execution of the Commandements of the Judges If any Fines or Amercements be extracted out of any Court or any arrearages of accounts of such things as is of Customes Taxes Subsidies and other such like occasions the same the Sheriff of the Country doth gather and is answerable therefore to the Exchequer This Court is divided into two parts viz. Iudicial accounts called Scaccarum computorum And into the Receit of the Exchequer The prime Officer of this Court as was meâ—tioned before is the Lord high Treasurer of England who receives a White Staff from the King But in former time he had this Office by delivery of a Golden Key Then there is Cancellarius Scaccarii the Chancelor of the Exchequer who keepeth the Seal Then you have the chief Baron and his Associates whereof one though he sits there yet he hath no voice therefore he was used to be call'd by way of Drollery Baron Tell-clock yet he takes the same Oath that others do he hath a Fee of 100 Marks per annum At daies of prefixions he hath to do with the Sheriffs Accounts he can take Recognizances but he hath not the Robes nor any suffrage upon the Bench in point of Judicature And that nickname Baron Tellclock came up first in Baron Southertons time who when he felt the Chimes ring in his Stomach towards dinner he was us'd to tell chief Baron Tanfield My Lord 't is twelve a clock Then have you sundry other inferiour Officers more then in any other Court except the Kings House This Court is called Exchequer from a French word vne place quarree a four-square place because the Carpet that lay before the Judges is in the form of a Chess-board and of two colours thence the name of Exchequer was derived Now it is to be observe'd that albeit the Barons are the sole Judges of the Exchequer Court yet the Lord Treasurer is joyn'd with them in keeping of the Records The Lord Treasurer hath also granted him by Parent under the great Seal Thesaurarium Scaccarii Regis Angliae which of ancient time as the Lord Coke hath it was a distinct Office by it self Then is there the Pipe Office whereof the Chancelor of the Exchequer is Contrarotulator or Controuler The Original institution of the Pipe Office was taken from a Conduit of water which was conveyed by Pipes into a Cestern which lay in a Court for as water is derived from many Fountains Springs by Aquaeducts into a Cestern House and from thence into several Offices of the same so this golden and silver stream is drawn from sundry Courts as Fountains of Justice and other Springs of Revenue reduc'd and collected into one Pipe and thereby conveyed into the Grand Cestern of the Princes receit c. Therefore all Accounts and Debts to the Crown are delivered and collected out of the Offices of the Kings Remembrancer and Treasurers Remembrancer and so drawn and pâ—t in charge in the Pipe There be five Auditors of the Revenue Royal within the survey of this Court and their Office is to take Accounts of the Kings Receivers Sheriffs Escheators Collectors and Customers and to audite and perfect the Account But an Auditor cannot allow any Licence or Grant in regard he knoweth not whether it be good this belongs to the Barons Neither can the Auditor put any thing in Charge his Office being only to take and audite Accounts There is the Auditor of the Prests whose Office it is to take the Accounts of the Mint Ireland and Barwick and of all other imprested or moneys advanc'd before hand Then is there the Auditor of the Receits which is an Office very considerable and consisting of many parts For first he is a kind of Filazer for he fileth the Tellers Bills and entreth them Secondly he is a Remembrancer for he gives the Lord Treasurer a certificate of the money received the week before Then he is an Auditor for he makes Debenturs to every Teller before they pay any money and takes and audites their Accounts Besides all this he keepeth the black Book of Receits and the Lord Treasurers Key of the Treasury and seeth every Tellers money lock'd up in the new Treasury Of those Tellers there are four and their Office consists in four duties First to receive money due to the Soveraign Prince Secondly to pay all persons moneys by Warrant of the Auditor of the Receit Thirdly to make yearly and weekly Books of their Receits and payments which they deliver to the Lord Treasurer And lastly to give the Clerk of the Pell a Bill of what moneys they receive whereby he may be charged Now touching Clericus Pellis the Clerk of the Pell his duty is to enter every Tellers Bill into a Roll call'd Pellis Receptorum his Office also is to enter ino another Roll payments call'd Pellis exitus signifying by what Warrant the payment was made Concerning the Kings Remembrancer in the Exchequer his Office consists in eight Duties First to write Process against Collectors of Customs Subsidies and Fifteens 2. He entreth in his Office all Recognizances before the Barons and taketh Bond for any of the Kings Debts for observing of Order for appearances and his duty is to make out Process upon every of them 3. He maketh Process upon Informations upon penal Statutes all which Informations are entred into his Office 4 He maketh Bills of composition upon Informations upon penal Statutes 5. He taketh the stallment of Debts and entreth them 6. The Clerk of the Star-Chamber was us'd to certifie into his Office what fines were there set whereof he maketh a Record and draweth them down in the Pipe 7. In this Office ought to be kept all Assurances Conveyances and Evidences whereby any Lands Tenements Herediraments or other things are granted to the Soveraign Prince 8. There is a Court of Equity holden in the Exchequer Chamber by English Bill whereof all the proceedings and Bills are entred into this Office The Lord Treasurers Remembrancer is also an Office of trust and consequence which consisteth of seven Duties First To preserve the Royal tenures and to make out Process for the Revenues thereof 2. He maketh Process of Fierifacias to extend for Debts due to the Prince either in the Pipe or with the Auditors 3. He awards Process against all Sheriffs Escheators Receivers and Bayliffs to bring them to account 4. He is to make an entry of Record whereby it appears whether Sheriffs and other Accountants pay their proffers due at Easter and Michaelmas 5. He makes another entry of Record to the end that it may be known whether
Sheriffs and other Accounts keep their day of prefixion 6. The green Was is certified into this Office and by him delivered to the Clerk of the Estreats 7. There ought to be brought into this Office all the Accounts of Customers Controulers and all other to make an entry of Record in this Office to avoid delay and concealments The Oath of the Barons of the Exchequer consists of ten parts First That he shall well and truly serve in the Office of Baron 2. That truly he shall charge and discharge all manner of people as well poor as rich 3. That for Higness nor for Riches nor for hatred nor for any deed gift or promise of any person which is made unto him nor by craft engine he shall let the Kings right 4. He shall not let disturbe or respite contrary to the Lawes of the Land the Right of any other person 5. He shall not put in respite the Kings Debts where goodly they may be levied 6. That he shall speed the Kings need before others 7. That neither for gift wages nor good deed he shall layn disturb nor let the profit or reasonable advantage of the King in the advantage of any other Person nor of himself 8. That nothing he shall take of any Person to do wrong or right to delay or deliver or to delay the people that have to do before him that as hastily as he may them goodly to deliver without hurt of the King c. 9. Where he may know any wrong or prejudice to be done to the King he shall put and do all his power and diligence that to redresse 10. The Kings Counsel he shall keep and layne in all things In the Exchequer Chamber all cases of difficulty either in the Kings bench or the Common Pleas were used to be debated argued and resolved by all the Judges of England and the Exchequer Barons The Treasurer of the Kings Chamber and the Keeper of the privy purse with such domestick Offices of the Kings House are not subject to this Court of Exchequer This Court was first erected for the particular profit and service of the Soveraign Prince And this profit is mediat or immediat Immediat as of Lands Rents Franchises Hereditaments Debts Duties Accounts Goods Chatrels and other profits and benefits whatsoever due unto the Soveraign Prince Mediate as the priviledge of the Officers and Ministers of the Court for two things do principally support the jurisdiction of a Court as my Lord Coke hath it first the preservation of the dignity thereof and then the due attendance of the Officers and Ministers of the same The chief Baron is created by Letters Patents and the Office is granted Quamdiu se bene gesserit wherein he hath a more fixed estate it being an estate of life than the Justices of other Benches have who are durante beneplacito And in like manner are the rest of the Barons constituted with the Patents of the Attorney General and Solicitor There is a Court called the Court of Equity in the Exchequer Chamber The Iudges of this Court are the Lord Treasurer the Chancelor of the Exchequer and the Barons Their jurisdiction is as large for matter of Equity as the Barons of the Exchequer have for the benefit of the King by the common Law but if in either Court they hold any Plea that doth not concern the profit of the King there lieth a Prohibition To conclude there are seven Courts that belong to the Exchequer 1. The Court of Pleas or of the Barons 2. The Court of Accounts 3. The Court of Receits 4. The Court of the Exchequer Chamber being the Assembly of all the Iudges of England for matters in Law 5. The Court of Exchequer for Errors in the Court of Exchequer 6. A Court in the Exchequer Chamber for Errors in the Kings Bench. 7. The Court of Equity spoken of a little before But touching all the Officers either coordinate or inferior that belong to the Exchequer and the Revenues Customes perquisits of the Soveraign Prince they are very many far more in number than in any other Court as was touched before yet nothing so numerous as those Financiers and swarm of other Officers which belong to the Revenues of France which are so many that their fees being payed there comes not a Quardecu in every Crown clearly to the Kings Coffers which is but the fourth part But there is one publick advantage in it that thousands of younger Brothers and others have a handsome subsistance to carry themselves hereby in the garbe and equipage of men OF THE COURT OF ADMIRALTY HAving thus made some inspections into so many Courts we must not pretermit the Court of Admiralty for Great Britain being an Island which makes the Sea and Woodden Castles to be her chiefest Conservators the Court of Admiralty may be said to be more pertinent and necessary to her then to divers other States therefore the Lord High Admiral is by the Law of England one of the four Officers of the Crown with the Lord Chancelor the Lord Treasurer and Lord privy Seal Some hold the Etymology of Admirall to come from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth Salsugo maris the saltness of the Sea others derive it from Ammir an Arabian word which signifieth a King or Emperor And some would have it to come from the low Dutch Aen-meer-all which signifie on the Sea all The Reader according as his own judgement leads him may adhere to which he please for I know of none that have positively asserted which is the truest But to know the nature and jurisdiction of this Court it will conduce very much if we insert here certain grievances which the Lord Admiral presented in the 8th year of K. Iames concerning Prohibitions granted by the Judges of the Courts of Westminster against the Jurisdiction and Prerogatives of this Court with the answer which the Judges returned to every point 1. The first Objection was that whereas the cognizance of all Contracts and other things done upon the Sea belongeth to the Admirals jurisdiction the same are made tryable at the common Law as if they had bin done in Cheapside and such places The Judges of Westminster-Hall answered that by the Lawes of the Realm the Court of the Admiral hath no cognizance power or jurisdiction of any manner of Contract plea or querele within any County of the Realm either upon the Land or the water but every Contract Plea or querele and all other things arising in any County of the Realm either upon the Land or the water and also Wrecks of the Sea ought to be tryed discussed determined and remedied by the common Lawes of the Land and not before or by the Admiral or his Lieutenant in any manner so that it is not material whether the place be upon the water intra fluxum refluxum aqua or whether it be upon any other water within the precincts of a County But the said
Right and Prerogative due to the Crown in that they have seized and converted to their own use Goods and Chattels of infinite value taken at Sea and other Goods and Chattels which in no sort appertain unto his Lordship by his Letters Patents wherein the said Non obstante is contained and for which he and his Officers remain accountable to his Majesty And they now wanting in this time of peace causes appertaining to their natural jurisdiction do now encroach upon the jurisdiction of the common Law lest they should sit idle and reap no profit They added further That touching their proceedings in granting of Prohibitions concerning any of the said Articles two things were to be considered of first the matter then the manner touching the matter nothing hath bin done therein by the Court of Westminster but by good Warrant of Law and former judicial Precedents And for the manner they granted none in the Vacation time nor in their Terme time in any of their Chambers nor in the Court in the Terme-time ex officio but upon motion made in open Court by learned Councel and after a day prefixed and warning given to the adverse party c. Hereupon they proceeded to prove and confirm their answers by three kind of Authorities in Law First By Authority of High Court of Parliament Secondly By Judgement and judicial Precedents Thirdly By Book-Cases Concerning the Acts of Parliament they urged the Statute of Richard the second viz. That the Admiralls and their Deputies shall not meddle from henceforth with any thing done within the Realm of England but only with things done upon the Sea according to that which hath been duly used in the time of the Noble King Edward Grandfather to Richard the second Concerning the second proof by Judgements and Iudicial Precedents and the third by Book-Cases they alledged divers Cases which are to be seen in that great light and laborious Champion of the Common Law of England the Lord Coke in the third part of his Institutes But the Result of all which the Iudges of the Common Law driv ' at was that the Court of Admiralty was to take no Cognizance nor had power to determine any thing that had happened and should give occasion of Plea upon any Waters either fresh or salt that were within the Precincts of any County but it was tryable by the Common Law of England and by the Empanelment and Verdict of twelve men which is not the way of Tryal of the Civil Law by which the Admiralty is directed By this notable clash and contestation 'twixt the Iudges of Westminster-Hall and the Lord Admiral the Reader may learn what the extent of the Authority of that Court is and that the jurisdiction of the Admiral is confined to the high Sea In times past there were distinct Admirals in point of power as we read in Richard the seconds Raign the Earl of Northumberland was Admiral of the North and the Earl of Devonshire Admiral of the West who were to receive the Subsidy of Poundage and Tonnage for the garding of the Seas Among other Prerogatives which belonged to the Lord Admiral of England one was to erect Beacons upon the Maritim Coasts which word is derived from the old Saxon or Dutch Becnam which signifieth to give a signe as we use the word to becken at to this day Before the Reign of Edward the 3d there were but stakes of Wood set upon high places which were fired upon the discovery of any enemies but in his time pitched Barrels were set up and by the Law of the Land whosoever fired a Beacon commits Felony unless there were Authority and just cause for it In other Countries they are called Phares which are no other then speculatory or maritime monitory fires which serve for two ends as well to direct Seafaring men as to fore-warn the approach of an Enemy which with such wonderful celerity give the whole Land an Alarum and so puts them in a posture of defence But there are three main matters whereof the Lord Admiral is to take Cognizance which are Flotsan Ietsan and Lagan whereof the first is when a Ship is sunk and perished and the Goods floating upon the waters The second is Ietsan when in stresse of weather or other occasions the Goods are thrown over-board The third is when Goods are tyed to a Cork or Cable and may be found again But the Court of Admiralty hath not to do with Wrecks for then the Goods are deposited in the custody of the Officers of the next Town where if the Proprietor come within a twelve moneth and a day he may claim them by Law Henry the sixth did constitute by Charter Iohn Holland Duke of Exceter and Henry his Son to be Admirallos Angliae But the Iudges of the Common Law held that Charter to be invalid and the Reason they alledged was that that Charter being of a Iudicial Office it could not be granted to two When the former contestation happened 'twixt the Court of Admiralty and Westminster-Hall they were choyse powerful men at that time who swayed as Grandees of the Common Law as Sir Edward Coke the Lord Bacon Iudge Doddridge and Hubbard which made them carry the Bucklers from the Civilians at that time But there were some learned Treatises published afterward to vindicate the Right of the Civil Law which without controversie hath more in it of natural equity and reaches of pure Reason then any other It is the Product of that mighty Monarchy of the Romans who though they conquered by the Lance yet they conâ—erâ—ed by their Lawes so many vast distant Territories and Nations which they had subdued leading so many people Captive by their policy as much as by their Prowesse And indeed the Civil Law is fitted for the general Affaires of mankind and for all Nations For though every particular state hath some few municipal Lawes peculiar to it self yet no where beyond the Seas is there any profession or Science of Law but of the Civil nor are there any other studied in Vniversities Only in England there are Inns of Court which are equivalent to an Academy where lex Terrae or the common municipal Law of the Land is studied and Graduates proceed and are made therein accordingly which is no where else But the Civil Law extends to all man-kind And if regard be had to the University of humane Reason it is no where â—o narrowly discussed and eventilated and the judgement rectified by clear notions Moreover there is nothing of what nature soever it be but the Civil Law hath ordained a means to bring it to a Tryal either by giving a speciall action in the case or a general one releeving by ordinary remedies or if those fail by such as are extraordinary helping the Clyent Iure actionis or Officio Iudicis Yet there was one notable Example of one business that not only caused a clash 'twixt the Civilian and Common Lawyer but puzzel'd them both so that
London have had from time to time differing appellations Under the Britains they were call'd Kings The Romans stiled them Praefects The Saxons Portreves The Norman Kings at their first comming Bayliffs and sometimes Provosts Then came the Office to be established in the Title of Maior which hath continued any time these 467. years though it was interrupted sometimes by a Custos which some of the Kings as Henry the third and Edward the first upon a displeasure against the City were used to appoint This great Urban Magistrate the Maior of London useth to be chosen upon the feast of St. Michael the Archangel every year out of the six and twenty Aldermen who are his Brethren but he takes not his place until the 28. of October next following Touching the State and Authority of the Lord Maior of London there is no Oppidan Magistrate in Christendom all things well considered lives in a greater Let us examine the particulars and first go to his domestical attendance and the Officers thereunto belonging which are 1. A Sword-bearer 2. Common Hunt 3. Common Cryer And 4. Water Bayliffs all Esquires by their places Then is there the Coroner of London three Sergeant Carvers 3. Sargeants of the Chamber Sargeant of the Channel 4 Yeomen of the Water side The Under Water-Bayliffe two Yeomen of the Chamber three Meal-weighets two Yeomen of the Wood-Wharfs and most of these have their Servants allowed them but the common Huntsman and Water-Bayliffe have two a peece some of them have Liveries from the Lord Maior and the rest from the Chamber of London There be divers other great publick Officers belong to the Government of the City of London as the two Sherifâ—s which like the Lord Maior are but annual The Recorder the Chamberlain the Common Sergeant the Town-Clark or common Clark the Remembrancer all Esquires The Sheriffs are chosen upon Midsummer day they formerly were used to be elected out of the Commonalty and sometimes they came to be Aldermen as many Aldermen were made Maiors though not having bin Sheriffs But of latter years the Sheriffs have bin Aldermen before or presently after their Election And 't is remarkable that Nicolas Faringdon was 4 times Maior of London and yet never Sheriff Now touching the Election of these Officers we shall give a brief account the prime Magistrate the Lord Maior and the Aldermen met at Guild-hall at 8. in the morning in their Scarlet Gowns and their Cloaks fur'd riding on Horseback and having bin a while in the Councel Chamber they come forth into the Orphans Court whence they go in their Cloaks to the Chappel to hear Service and Sermon where the Lord Maior with some of the Aldermen take the Communion which being ended and Offrings delivered they return to the Councel Chamber and thence to the Hustings the highest Court where the Recorder makes a Speech touching the business in hand then they go back to the Lord Maiors Court where they remain the doors shut until the Election be brought unto them Then the common Sargeant having the Sheriffs on either side and the Sheriffs other Officers about them makes another Speech touching the Custom of the City in this kind whereupon they choose two whose names are brought up to the Lord Maior and the Aldermen who by scrutiny elect one of those two whom the Commons had nominated before Then the Lord Maior returns to the Hustings and he who is chosen goeth upon his left hand and sitteth next him Then the Recorder speaks again to the Commons nominating the person whom the Lord Maior and the Aldermen had admitted and demands whether it be their free choyce the commons affirming it the Sword-bearer goes to the Lord Maior Elect and taketh off his Tipper which he takes for his fee and puts on his Chain whereupon he making a short Speech of gratitude the Lord Maior and the new Elect go to the Eldest Sheriffs House to dinner After dinner the Lord Elect taking the Common Hunt and other Officers to attend him besides a Company of Aldermen goeth to the Lord Keeper of the great Seal of England where five or six Aldermen present him wearing their Violet Gowns The morrow after Michaelmas day the Lord Maior and the Aldermen go with the two new Sheriffs to the Exchequer-chamber in Westminster where they are presented and sworn and the old Sheriffs are sworn also to their account On Simon and Iudes day the Aldermen and Sheriffs attend the old Lord Maior at his House whence they come in their formalities to the Hustings where being sate the common Cryer commands silence then the Town-Clark exhibites an Oath to the Lord Maior Elect which being done the former Lord Maior giveth place to the New which being done the Chamberlain delivers him the Scepter next the Keyes of the Common Seal and lastly the Seal of the Majoralty Then the Sword-bearer delivers him the Sword On the morrow after all the Aldermen and Sheriffs solemnly meet at the new Lord Maiors House by 8. in the morning whence they go to the Guild-Hall and thence to the Vine-Tree where they take Barge and are rowed in state to Westminster-Hall the rest of the chief Companies attending in their several Barges with their Arms Colours and Streamers in a very gay manner Being come to the Hall they go round about and salute all the Tribunals of justice then they ascend to the Exchequer Chamber to the Barons where after the Recorder hath made a Speech the Oath is administer'd Then they come down to the Hall and go first to the Kings Bench then to the Common Pleas and so to Westminster Abbey where having walk'd about the Kings Tombs they return to their Barge and so to London again where being landed they go to the Guild-hall where a most plentifull dinner is prepared which lasts many hours being called the Lord Mayors feast The Lords of the privy Councel the Judges with other Lords and Ladies of the best quality are thither invited After dinner the Lord Mayor with all the Companies attending ride solemnly to Saint Pauls to do their devotions and so the Ceremony of that great day is concluded Touching the Election of the Sheriffs the Lord Mayor and the Aldermen meet at 8 in the morning at Guild-hall in their violet-colour'd Gowns and their Cloaks of Scarlet lin'd but without horses where from the Counsel-Chamber they go to the Orphans Court so to the Hustings where the Recorder having made a speech touching the present meeting the Mayor Aldermen go to the Mayors Court the dores shut upon them then the Commons fall to the Election of Sheriffs as also a Chamberlain two Bridg-masters the Auditors of the City and Bridg-house Accounts and the Surveyors for Beer and Ale which being done the Sheriffs with the other Officers the Common Cryer going before them with his Mace go up to the Lord Mayor and the Aldermen to cary up the report of what is done at the Hustings whither the Lord
Christ our Saviour and called upon the Devil to help and deliver him such was the end of this deceiver a man of an evil life a secret murtherer a filthy fornicator a keepâ—r oâ— Concubines and amongst other his detestable facts a false accuser of his elder Brother who had in his youth brought him up in learning and done many things for his preferment In the year 1271. a great part of the Church of Bow fell down and slew many people men and women In the year 1284 the thirteenth of Edward the first Lawrence Ducket Goldsmith having grievously wounded one Ralph Crepin in West Cheap fled into Bow-Church into the which in the night time entred certain evil persons friends unto the said Ralph and slew the said Laurence lying in the Steeple and then hanged him up placing him so by the Window as if he had hanged himself and so was it found by Inquisition for the which fact Lawrence Ducket being drawn by the feet was buried in a ditch without the City but shortly after by relation of a Boy who lay with the said Lawrence at the time of his death and had hid him there for fear the truth of the matter was disclosed for the which cause Iordan Good-Cheape Ralph Crepin Gilbert Clarke and Ieffrey Clarke were attainted and a certain Woman named Alice that was chief causer of the said mischief was burned and to the number of sixteen men were drawn and hanged besides others that being richer after long imprisonment were hanged by the purse The Church was interdicted the Doors and Windows were stopped up with Thorns for a while but Lawrence was taken up and honestly buried in the Church-yard afterwards The Parish-Church of St. Mary Bow by meanes of incroachment and building of Houses wanting room in their Church-yard for burial of the Dead Iohn Rotham or Rodham Citizen and Taylor by his Testament dated the year 1465. gave to the Parson and Church-wardens a certain Garden in Hosier-lane to be a Church-yard which so continued near a hundred years but now is builded on and is a private mans house The old Steeple of this Church was by little and little re-edified and new builded up at the least so much as was fallen down many men giving sums of money to the furtherance thereof so that at length to wit in the year 1469 it was ordained by a Common Councel that the Bow Bell should be nightly rung at nine of the Clock Shortly after Iohn Donne Mercer by his Testament dated 1472 according to the trust of Reginald Longdon gave to the Parson and Church-wardens of St. Mary Bow two Tenements with the appurtenances since made into one in Hosierlane then so called to the maintenance of Bow Bell the same to be rung as aforesaid and other things to be observed as by the Will appeareth The Arches or Bowes thereupon with the Lanthorns five in number to wit one at each Corner and one on the top in the middle upon the Arches were also afterward finished of Stone brought from Cane in Normandy delivered at the Customers Key for four shillings eight pence the Tun 1515 and 1516 William Copland being Church-warden It is said that this Copland gave the great Bell which made the fifth in the Ring to be rung nightly at nine of the Clock This Bell was first rung as a Knell at the Burial of the same Copland It appeareth that the Lanthorns on the top of this Steeple were meant to have bin glazed and lights in them placed nightly in the Winter whereby Travellers to the City might have the better sight thereof and not to misse of their wayes In this Parish also was a Grammar-School by commandment of King Henry the sixth which School was of old time kept in an house for that purpose prepared in the Church-yard But that School being decayed as others about this City the School-house was let out for Rent in the Reign of Henry the 8th for four shillings the year a Cellar for two shillings the year and two Vaults under the Church for 15 s. both There are Monuments of divers Citizens of note in this Church but most of them much defac'd and mouldred away Without the North side of this Church of St. Mary Bow towards West-Cheape standeth one fair building of Stone called in Record Sildam a shed which greatly darkneth the said Church for by meanes thereof all the Windows and doors on that side are stopped up King Edward the third upon occasion as shall be shewed in the Ward of Cheap caused this side or shed to be made and strongly to be builded of Stone for himself the Queen and other States to stand there to behold the Justings and other shewes at their pleasures And this House for long time after served to that use namely in the Reign of Edward the third and Richard the second but in the year 1410. Henry the fourth in the twelfth of his Reign confirmed the said shed or building to Stephen Spilman William Marchford and John Wattle Mercers by the name of one new Sildain Shed or Building with Shops Cellars and Edifices whatsoever appertaining called Crounsild or Tamersild scituate in the Mercety of West-Cheape and in the Parish of St. Mary de Arcubus in London c. Notwithstanding which grant the Kings of England and other great Estates as well of forraign Countries repairing to this Realm as Inhabitants of the same have usually repaired to this place therein to behold the shewes of this City passing through West-Cheape namely the great Watches accustomed in the night on the Even of St. John Baptist and St. Peter at Midsommer the Examples whereof were over-long to recite wherefore let it suffice briefly to rouch one In the year 1510 on St. Johns Eve at night King Henry the eight came to this place then called the Kings-Head in Cheape in the Livery of a Yeoman of the Gard with an Halberd on his shoulder and there beholding the Watch departed privily when the Watch was done and was not known to any but whom it pleased him But on Saint Peters night next following He and the Queen came Royally riding to the said place and there with their Nobles beheld the Watch of the City and return'd in the morning Of the Sixteenth Ward or Aldermanry of the City of LONDON called Cheape-Ward WE enter now into the Center of the City which is Cheap-Ward taking name of the Market there kept called West Cheaping which Ward as a River as Mr. Stow saith that hath three heads and running along to the uttermost of his bounds issueth out on the sides into little streams so this Ward beginning on the Course of Wallbrook and is not the meanest of the Wards if for no other cause yet because it is nearest to the heart of the City hath his beginning on the East from three places The High street of the Poultrey the lower end of Buckles bury and the nether part of the Venell or entry into Scalding Alley
Edmonds bury Lincoln Stanford and Lyn were robbed and spoyled and at York to the number of five hundred besides Women and Children entred a Tower of the Castle profered money to be in surety of their lives but the Christians would not take it whereupon they â—â—t the throats of their own Wives and Children and cast them over the Walls on the Christianâ— heads and then entring the Kings Lodging they burned both the House and themselves King John in the 11th of his Reign commanded all the Jews both Men and Women to be imprisoned and grievously punished because he would have all their Money some of them gave all they had and promised more to escape so many kinds of torments for every one of them had one of their eyes at the least plucked oâ—t Amongst whom there was one which being tormented many wayes would not ransome himself till the King had caused every day one of his great teeth to be plucked out by the space of seven dayes and then he gave the King ten thousand Marks of silver to the end they should pull out no more the said King at that time spoylâ—d the Jews of sixty six thousand Marks The 17th of this King the Barons brake into the Jews Houses rifled their Coffers and with the Stone of their Houses repaired the Gates and Walls of London King Henry the third in the 11th of his Reign granted to Semaine or Ballaster the house of Benomie Mittun the Jew in the Parish of St. Michael Bassing-hanghe in which the said Benomy dwelt with the fourth part of all his Land in that Parish which VVilliam Elie held of the Fee of Hugh Nevel and all the Land in Colemanstreet belonging to the said Benomy and the fourth part of the Land in the Parish of St. Lawrence which was the Fee of Thomas Buckerel and were excheted to the King for the murther which the said Benomy committed in the City of London to hold to the said Semaine and his Heires of the King paying at Easter a pair of gilt Spurs and to do the serviâ—e thereof due unto the Lords Court In the like manner and for like services the King granted to Guso for his Homage the other part of the Lands of the said Benomye in St. Michaels Parish which Law the Painter held and was the Kings Excheter and the Lands of the said Benomye in the said Parish which VValter Turner held and fifteen foot of Land which Hâ—gh Harman held with fifteen Iron Ells of Land and an half in the front of Iron-monger-lane in the Parish of St. Martin which were the said Benomyes of the Fee of the Hospital of St. Giles and which Adam the Smith held with two Stone-Houses which were Moses the Jew of Canterbury in the Parish of St. Olave and which are of the Fee of Arnold de Reus and are the Kings Exchetes as aforesaid The 16th of the said Henry the Jews in London builded a Synagogue but the King commanded it should be dedicated to our blessed Lady and after gave it to the Brethren of St. Anthonies of Vienna and so was it called St. Anthonies Hospital This King Henry founded a Church and House for converted Jews in a new street by the Temple whereby it came to passe that in short time there was gathered a great number of Converts The twentieth of this King Henry seven Jews were brought from Norwich vvhich had stolen a christened Child had circumcised and minded to have cruciâ—â—ed him at Easter vvherefore their Bodies and Goods vvere at the Kings pleasure The six and twentieth the Jews vvere constrained to pay to the King twenty thousand Marks at two Termes in the year or else to be kept in perpetual Prison The five and thirtieth He taketh inestimable sums of money of all rich men namely of Aaron a Jew born at York fourteen thousand Marks for himself and ten thousand Marks for the Queen and before he had taken of the same Jew as much as in all amounted to thirty thousand Marks of Silver and two hundâ—red Marks of Gold to the Queen In the fortieth year vvere brought up to VVestminster two hundred Jews from Lincoln for crucifying a Child named Hugh eighteen of them were hang'd The forty third a Jew at Tewksbury fell into a Privie on the Saturday and would not that day be taken out for reverence of his Sabbath wherefore Richard Clare Earl of Gloucester kept him there till Monday that he was dead The forty seven the Barons slew of the Jews at London seven hundred the rest were spoiled and theiâ—r Synagogue defaced because one Jew would have forced a Christian to have payd more than two shillings for the lone of twenty shillings a week The third of Edward the first in a Parliament at London usury was forbidden to the Jews and that all Usurers might be known the King commanded that every Usurer should weare a Table on his brest the breadth of a Paveline or else to avoid the Realm The sixth of the said King Edward a Reformation was made for clipping of the Kings Coyn for which offence two hundred sixty seven Jews were drawn and hanged three were English Christians and other were English Jews The same year the Jews crucified a child at Northampton for the which fact many Jews at London were drawn at Horses Tayls and hanged The 11th of Edward the first Iohn Perkham Arch Bishop of Canterbury commanded the Bishop of London to destroy all the Jewes Synagogues in his Diocese The 16th of the said Edward all the Jews in England were in one day apprehended by precept from the King but they redeemed themselves for twelve thousand pounds of silver notwithstanding in the nineteenth of his Reign he banished them all out of England giving them only to bear their Charge till they were out of this Realm the number of Jews then expulsed were fifteen thousand and sixty persons the King made a mighty masse of money of their Houses which he sold and yet the Commons of England had granted and gave him a fifteenth of all their Goods to banish them and thus much for the Jewes In this street called the Old Iewry is a proper Parish-Church of St. Olave Upwell so called in Record 1320 John Brian Parson of St. Olave Upwell in the Iewry founded there a Chauncery and gave two Messuages to that Parish the sixteenth of Edward the second and was by the said King confirmed In this Church to the commendations of the Parsons and Parishioners the Monuments of the dead remain lesse defaced than in many other From this Parish Church of St. Olave to the North end of the Old Iewry and from thence West to the North end of Ironmonger-lane almost to the Parish Church of St. Martin was of old time one large building of stone very ancient made in place of Jews Houses but of what antiquity or by whom the same was builded or for what use is not known more than that King Henry the sixth in the sixteenth of his
South by the Prison of the Fleet into Fleet-street by Fleet-bridge Next out of the high street turneth down a Lane called the Little Bayly which runneth down to the East end of St. Georges Lane The next is Sea-cole-lane I think called Limeburners Lane of burning Lime there with Sea-cole For we read in Record of such a Lane to have bin in the Parish of St. Sepulchre and there yet remaineth in this Lane an Alley called Lime-burners Alley Near unto this Sea-cole-lane in the turning towards Oldbourne-Conduit is Turn-again-lane or rather as in a Record of the fifth of Edward the third Wind-again-lane for that it goeth down West to Fleet Dike from whence men must turn again the same way they came for there it is stopped Then the high street turneth down Snow-hill to Holdbourne Conduit and from thence to Ouldbourn-bridge beyond the which Bridge on the left hand is Shooe-lane by the which men passe from Ouldbourne to Fleet street by the Conduit there In this Shooe-lane on the left hand is one old House called Oldbourn-Hall it is now letten out into divers Tenements On the other side at the very corner standeth the Parish Church of Saint Andrew From this Church to St. Andrew up Oldbourn-hill be divers fair builded Houses amongst the which on the left hand there standeth three Inns of Chancery whereof the first adjoyning unto Crook-horn-Alley is called Thavies Inne and standeth opposite to Ely House Then is Fewter-lane which stretcheth South into Fleet-street by the East end of St. Dunstanes Church and is so called of Fewters or idle people lying there as in a way leading to Gardens but the same is now of later years on both sides builded thorow with many fair Houses and in the wast grounds and Gardens betwixt Shooe-lane and Fewter-lane there are now many fair convenient Houses built by the Company of the Goldsmiths as also a street called New-street betwixt Aldersgate and Redcrosse-street Beyond this Fewters Lane is Baynards Inne alià s Mackworths Inne which is of the Chancery Then is Staple-Inne also of the Chancery but whereof so named I am ignorant the same of late is for a great part thereof fair builded and not a little augmented And then at the Barres endeth this Ward without Newgate Without Ludgate on the right hand or North side from the said Gate lyeth the Old Bayley as I said then the high street called Ludgate-hill down to Fleet-Lane in which Lane standeth the Fleet a Prison-house so called of the Fleet or water running by it and sometime flowing about it but now vaulted over Then also against the South end of Shooe-lane standeth a fair Water-Conduit whereof William East field sometime Mayor was Founder for the Mayor and Commonalty of London being possessed of a Conduit Head with divers Springs of water gathered thereunto in the Parish of Padington and the water conveyed from thence by Pipes of Lead towards London unto Teyborn where it had lain by the space of six years and more the Executors of Sir Willâ—am Eastfield obtained Licence of the Mayor and Communalty for them in the year 1453. with the Goods of Sir William to convey the said Water first in Pipes of Lead into a Pipe begun to be laid besides the great Conduit Head at Maribone which stretcheth from thence unto a separall late before made against the Chappel of Rounseval by Charing-Crosse and no further and then from thence to convey the said water into the City and there to make Receit or Receits for the same unto the Common-weale of the Commonalty to wit the poor to drink the rich to dresse their Meats which water was by them brought thus into Fleet-street to a Standard which they had made and finished 1471. From this Conduit up to Fewters Lane and further is the Parish Church of St. Dunstane called in the West for difference from Saint Dunstane in the East Next beyond this Church is Cliffords Inne sometime belonging to Robert Clifford by gift of Edward the second Somewhat beyond this Cliffords Inne is the South end of Newstreet or Chancelor Inne on the right hand whereof is Sergeants-Inne called in Chancery lane And then next was sometime the House of the converted Iews founded by King Henry the third in place of a Jews House to him forfeited in the year 1233. and the seventeenth of his Reign who builded there for them a fair Church now used and called the Chappel for the Custody of Rolles and Records of Chancery it standeth not far from the old Temple and the new in the which House all such Jews and Infidels as were converted to the Christian Faith were ordained and appointed under an honest rule of life sufficient maintenance whereby it came to passe that in short time there were gathered a great number of Converts which were baptized instructed in the Doctrine of Christ and there lived under a learned Christian appointed to govern them since the which time to wit in the year 1290. all the Jews in England were banished out of the Realm whereby the number of Converts in this place was decayed and therefore in the year 1377. this House was annexed by Parent to William Burstall Clark Custos Rotulorum or Keeper of the Roâ—s of the Chancery by Edward the third in the fifty one year of his Reign and this first Master of the Rolls was sworn in Westminster-Hall at the I able of Marble-stone since the which time that House hath bin commonly called the Rolls in Chancery-Lane On the West side sometime was an House pertaining to the Prior of Nectoâ— Park a House of Canons in Lincolnshire this was commonly called Hereflete Inne and was a Brew-house but now fair builded for the six Clerks of the Chancery and standeth over against the said House called the Rolls and near unto the Lane which now entreth Fickets Croft or Fickets field Then is Shere-lane opening also into Fickets field hard by the Barres Next is Bride-lane and therein Bridewell of old time the Kings House for the Kings of this Realm have bin there lodged and till the ninth of Henry the third the Courts were kept in the Kings House wheresoever he was lodged as may appear by ancient Records whereof there are many and for example have set forth one in the Chapter or Towers and Castles King Henry the eighth builded there a stately and beautiful House of new for receit of the Emperor Charles the fifth who in the year of Christ 1522. was lodged himself at the Black-Fryers but his Nobles in this new builded Bridewell a Gallery being made out of the House over the Water and thorow the Wall of the City into the Emperors Lodging at the Black-Fryers King Henry himself often times lodged there also as namely in the year 1525. a Parliament being then holden in the Black-Fryers he created States of Nobility there In the year 1553. the seventh of Edward the sixth the tenth of April sir George Barne being Mayor of this City was sent for
businessse aforesaid so that the business may not by any means remain undone for want of such power or by reason of the unprovident Election of the foresaid Knights Burgesses and Citizens But we will not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay unto us in our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto us the other part of the Indenture aforesaid affil'd to these presents ogether with the Writ Witness our Self at Westminster This Commission or Writ is the foundation whereon the whole fabrick of the power and duty of both Houses of Parliament is grounded The first House is to parley or have conference and to treat and consult with the King the other House is to do and consent only unto what the other shall ordain This was the Law and usage in former times but what is the power of the Commons in these dayes now that the Government is altred and cast into another mould the House of Peers being dissolved it is not the intent of this Discourse to determine At the return of the Writs aforesaid the Parliament could not begin but by the Royal presence of the King either in Perâ—on or by Representation By Representation two wayes either by a Gardian of England by Letters Patenrs under the Great Seal when the King was in remotis out of the Realm or by Commission under the Great Seal to certain Lords of Parliament representing the Person of the King he being within the Realm but absent in respect of some infirmity On the first day of the Parliament the King himself or most commonly the Lord Chancellor or Keeper in the presence of the Lords and Commons did shew the causes of the calling of High Court of Parliament but the King might have appointed any other to be his Prolocutor in this case Then the Commons are to choose their Speaker but in regard that after their choyce the King might refuse him for avoiding of time and contestation the use was as in the Congè deslire of a Bishop that the King doth recommend a discreet and learned man whom the Commons elect but without their Election no Speaker can be appointed for them because he is their mouth and intrusted by them and so necessary that the House of Commons cannot sit without him therefore a grievous sickness is a good cause to remove him as in Henry the 4th Raign Iohn Chervy Speaker was for sickness discharged and Sir Iohn Dorewoold chosen in his place but sickness is no cause to remove any Knight Citizen or Burgesse The Speaker being voted in the House was presented to the King where being allowed he made a supplication consisting of three parts First That the Commons in Parliament might have free speech Secondly That in any thing he should deliver in the name of the Commons if he should commit any error no fault should be imputed to the Commons Thirdly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by the directions of the House have access to his Royal Person Any of the Peeâ—s by the Kings leave may absent himself and make a proxy to another Lord but a Knight Citizen or Burgess cannot make a Proxy because he is elected and intrusted by multitudes of people And it is to be observed though one be chosen for one particular County or City yet when he is returned and sits in Parliament he serveth for the whole Common-wealth There belongs to Parliament a Prorogation or adjournment which differ in this A Prorogation presupposeth a Session and then such Bills as passed in either House or by both Houses and had no Royal assent unto them must at the next Assembly begin again for every Session in Parliament is in Law a several Parliament but if it be but adjourned then there is no Session When a Parliament is called and doth sit and is dissolved without any Act passed or judgement given it is no Session of Parliament but a Convention Touching the Power and Jurisdiction of Parliament for making of Lawes in proceeding by Bill it is so transcendent and absolute as it cannot be confined within any bounds No Alien is capable to be chosen a Parliament-man nor can any of the Judges of the Kings Bench or Common Pleas or Barons of the Exchequer that have Judicial places or any Church-man that hath care of souls be chosen a member of the House of Parliament For others the King cannot grant a Charter of Exemption to any man to be freed from Election of Knight or Burgesse of the Parliament because the Elections of them ought to be free for the publique service OF THE COVRT OF THE KINGS-BENCH THE Royallest Court in the Land Now called The Upper Bench. THe Lawes of England presuppose the King to be the Fountain and Oracle of Justice and to have special inspirations from Heaven to that purpose therefore all the Tribunals of Judicature were used to be ambulatory with his Court and He was wont to sit in Person in the Upper Bench which is the Supreme Tribunal of the Land The Justices in this Court are the soveraign Justices of Oyer and Terminer Goal-delivery Conservation of the Peace c. in the Realm In this Court the Kings of this Realm have sat as being the highest Bench and the Judges of that Court on the lower Bench at his Feet but Judicature only belongeth to the Judges of that Court and in his presence they answer all Motions c. The Justices of this Court are the soveraign Coroners of the Land and therefore where the Sheriffs and Coroners may receive appeals by Bill à fortiori the Justices of this Court may do it so High is the authority of this Court that when it comes and sits in any County the Justices of Eire of Oier and Terminer Coal-delivery they which have conusance c. do cease without any writing to them But if any Indictment of Treason or Felony in a Forain County be removed before certain Commissioners of Oier and Terminer in the County where this Court sits yet they may proceed because this Court for that this Indictment was not removed before them cannot proceed for that offence But if any Indictment be taken in Midd in the vacation and after this Court sit in the next Term in the same County if this Court be adjourned then may special Commissioners of Oier and Terminer c. in the interim proceed upon that Indictment but the more usual way is by special Commission And this was resolved by all the Judges of England at Winchester Anno 1 ' Iacobi Regis in the Case of Sir Everard Digby and others and so had it been resolved Mich. 25 and 26 Eliz. in the Case of Arden and Somervile for