that it may seem sufficient to receive any multitudes of people whatsoever Because therefore Bishop Maurice carried a mind beyond all measure in this project he transmitted the cost and charge of so laborious a piece of work unto those that came after In the end when B. Richard his Successor had made over all the Revenues belonging unto the Bâ—shoprick to the building of this Cathedrall Church sustaining himself and his family otherwise in the mean while he seemed in a manner to have done just nothing notwithstanding that he spent his whole substance thereabout and yet small effects came thereof The West part as also the Cross Isle are very spacious high built and goodly to be seen by reason of such huge Columns and are marvellously beautified with an arch'd rooâ— of stone Where these four parts crosse one another meet in one there ariseth up a mighty large lofty Tower upon which stood a spire Steeple cover'd with lead mounting up to a wonderful altitude for it was no less than five hundred and five and thirty foot high from the ground which in the year 1087 was set on fire by lightning and burnt with a great part of the City but being rebuilt was afterwards fi'rd again with lightening about an hundred and fifty years ago and was not perfectly repair'd ever since The measure and proportion of this stately structure shall be here set down out of an old authentick Writer who saith that Saint Pauls Church containeth in length 690 foot the breadth thereof is 130 foot the height of the West arch'd roof from the ground carrieth 102 foot and the new fabrique from the ground is 88 foot high c. The ground belonging to this great Temple in nature of a Coemitery or Church yard was of vast expansion for it reach'd North as far as St. Nicholas market place West almost as far as Ludgate and South near to Baynards Castle Now as they say that Rome was not built in a day no more was this great and glorious Sanctuary but a long tract of time and some Ages pass'd before it came to be entirely compleated and made a perfect Crosse which is the exact shape of it Nor did there want many advantages according to the Genius of those times to advance the work for persons of good rank besides pecuniary Contributions did labour themselves therein in their own persons thinking to do God Almighty good service to have a hand in rearing up his Temple Besides It was an ordinary thing for the ghostly Father to lay penances upon some penitentiaries as Masons Carpenters Bricklayers Playsterers and others to work so many daies gratis in the building before they could get an absolution Insomuch that it may be said that as Pauls Church was partly â—ailt by the sinnes of the people so it is now destroyed by the sins of the people That there stood in old time a Fane or Pagan Temple to Diana in this place as before was hinted some have more than only conjectur'd for there are Arguments to make this conjecture good Certain old houses adjoyning are in the ancient Records of the Church call'd Diana's Chamber and in the Church-yard while Edward the first raign'd an incredible number of Ox-heads were found as we find in our Annals which the common sort at that time wondred at as the sacrifices of the Gentiles and the learned know that Taurapolia were celebrated to the honour of Diana But ever since this Temple was erected it hath been the See of the Bishops of London and the first Bishop it had under the English some hundred years after Theon the Brâ—tâ—sh Bishop was Melitus a Roman consecrated by Austin Archbishop of Canterbury in honour of which Austin though flat against the Decree of Pope Gregory the great the Ensigns of the Archbishoprick and the Metropolitan See were translated from London to Canterbury Within this grand Cathedral there lieth Saint Erkenwald as also Sebba King of the East Saxons who gave over his Kingdom to serve Christ King Etheldred who was an oppresser rather than a Ruler of this Kingdom cruel in the beginning wretched in the middle and shameful in his end so outragious he was in connivency to parricides so infamous in his flight and effeminacy and so disastrrous in his death Henry Lacy Earl of Lincoln Iohn of Gaunt Duke of Lancaster Sir Simon de Burlie a right noble Knight of the Garter executed by encroch'd authority without the Kings assent Sir Iohn de Beauchamp Lord VVarden of the Cinque-ports Iohn Lord Latimer Sir Iohn Mason Knight William Harbert Earl of Pembrook Sir Nicholas Bacon Lord Keeper of the great Seal of England a man of a deep reach and exquisite judgement Sir Philip Sidâ—ey Sir Francis Walsingham two famous Knights Sir Christopher Hatton Lord Chancellor of England and a great many Worthies more lodge there until the Resurrection Besides this Church there is not any other work of the English Saxons extant in London for why they continued not long in perfect peace considering that the VVest Saxons subdued the East Saxons and London began to be tributary to the Mercians Scarcely were these civil Wars hush'd when a new tempest brake out of the North I mean the Danes who pitiously tore in pieces this whole Countrey and shook this City very sore for the Danes brought her under subjection but Alfred recover'd her out of their hands and after he had repair'd her he gave her unto Ethelred Earl of the Mercians who had married his daughter yet those wastful depopulators did what they could afterwards to win her by siege but Canutus who specially by digging a new Channel attempted to turn away the Thames from her though the labour was lost the Citizens did still manfully repel the force of the enemy yet were they alarm'd and terrified ever and anon by them until they lovingly receiv'd and admitted as their King VVilliam Duke of Normandy whom God design'd to be born for the good of England against those so many spoilers presently whereupon the winds were layed the clouds dispell'd and golden daies shone upon her since which time she never sustain'd any signal calamity but through the special favour and indulgence of Heaven and bounty of Princes obtain'd very large and great immunities for she began to be call'd the Kings Chamber and so flourished anew with fresh Trade and concourse of Marchants that William of Malmsbury who liv'd nere those times term'd it A noble and wealthy City replenish'd with rich Citizens and frequented with the Commerce of Occupiers and Factors coming from all parts Fitz-Stephen living also in those daies hath left in writing that London at that time counted 122 Parish Churches and thirteen Convents or Monasteries of Religious Orders Moreover he relates that when a Muster was made of able men to bear Arms they brought into the field under divers Colours 40000 Foot and 20000 Horsemen London about this time began to display hâ—r wings and spread her train very wide
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
to the roof of Timber well and surely covered with Lead But after an hundred and threescore years King Henry the third subverted this Fabrick of King Edwards and built from the very foundation a new Church of very rare Workmanship supported with sundry rowes of Marble Pillars and the roofe covered over with sheets of Lead a piece of work that cost fifty years labour in building which Church the Abbots enlarged very much toward the West end and King Henry the seventh for the burial of himself and his Children adjoyned thereto in the East end a Chappel of admirable artificial elegancy The Wonder of the Worlde as Leland calleth it for a man would say that all the curious and exquisite work that can be devised is there compacted wherein is to be seen his own most stately magnificial Monument all of solid and massâ—e Copper This Church when the Monks were driven thence from time to time was altered to and fro with sundry changes First of all it had a Dean and Prebâ—ndaries soon after one Bishop and no more namely T. Thurlbey who having wasted the Church Patrimony surrendred it to the spoil of Courtiers and shortly after were the Monks with their Abbot â—et in possession again by Queen Mary and when they also within a while after were by authority of Parliament cast out Queen Elizabeth converted it into a Collegiate Church or rather into a Seminary and Nurse-Garden of the Church appointing twelve Prebendaries there and as many old Souldiers past service for Alms-men fourty Schollars who in their due time are preferred to the Universities and from thence sent forth into the Church and Common-weale c. Over these they placed D. Bâ—ll Dean whose Successor was Gabriel Goodman a right good man indeed and of singular integrity and an especial Patron of Literature Within this Church are intombed that I may note them according to their dignity and time wherein they died Sebert the first of that name and first Christian King of the East-Saxons Harold the bastard Son of Canutus the Dane King of England Edward King and Confessour with his Wife Edâ—th Maud Wife to King Henry the first the Daughter of Malcolme King of Scots King Henry the third and his Son King Edward the first with Eleanor his Wife Daughter to Ferdinando the first King of Castile and of Leon King Edward the third and Philippa of Henault his Wife King Richard the second and his Wife Anne Sister to VVencelaus the Emperour King Henry the fifth with Katherine his Wife Daughter to Charles the sixth King of France Anne Wife to King Richard the third Daughter to Richard Nevil Earl of VVarwick King Henry the seaventh with his Wife Elizabeth Daughter to Kiâ—g Edward the fourth and his Mother Margaret Countesse of Richmond King Edward the sixth Anne of Cleave the fourth Wife of King Henry the eighth Queen Mary and Queen Elizabeth Prince Henry eldest Son of King Iames the sixth of Scotland and first of England who lies there also interred with Queen Anne his Wife and lastly the first male born of Charles the first dying an Infant Of Dukes and Earls Degree there lie here buried Edmund Earl of Lancaster second Son of King Henry the third and his Wife Aveline de Fortibus Countesse of Albemarle William and Audomar of Valence of the Family of Lusignian Earls of Pembrooke Alphonsus Iohn and other Children of King Edward the first Iohn of Eltham Earl of Cornwall Son to King Edward the second Thomas of Woodstock Duke of Glocester the youngest Son of King Edward the third with other of his Children Eleanor Daughter and Heir of Humphrey Bohun Earl of Hereford and of Essex Wife to Thomas of VVoodstock the young Daughter of Edward the fourth and King Henry the seventh Henry a Child two Months old Son oâ— King Henry the eighth Sophia the Daughter of King Iames who died as it were in the very first day-dawning of her age Phillâ—ppa Mohun Dutches of Yorke Robert of Hexault in right of his Wife Lord Bourchier Anne the young Daughter and Heir of Iohn Mowbray Duke of Norfolk promised in marriage unto Richard Duke of York younger Son to K. Edward the 4th Sir Giles Daubeny Lord Chamberlain to King Henry the 7th and his Wife of the house of the Arundels in Cornwal I. Viscount VVells Farnces Brandon Dutchess of Suffolk Marry her Daughter Margaret Douglasse Countesse of Lennox Grandmother to Iames King of great Britain with Charles her Sonne VVinifred Bruges Marchionesse of Vâ—inchestèr Anne Stanhope Dutchess of Sommerset and Iane her Daughter Anne Cecill Countesse of Oxford Daughter to the Lord Burleigh Lord High Treasure of England with Mildred Burghley her Mother Elizabeth Berkeley Countesse of Ormond â—Frances Sidney Countess of Sussex Iames Butler Vicount Thurles Son and Heir to the Earl of Ormond Besides these Humphrey Lord Bourchier of Cromwall Sir Humphrey Bourchier Son and Heir to the Lord Bourchier of Beruers both slain at Bernet field Sir Nicholas Carew Baronesse Powisse T. Lord Wentworth Thomas Lord Wharton John Lord Russel Sir T. Bromley Lord Chancellour of England Douglas Howard Daughter and Heir general of H. Vicount Howard of Bindon Wife to Sir Arthur Gorges Elizabeth Daughter and Heir of Edward Earl of Rutland Wife to William Cecill Sir John Puckering Lord Keeper of the great Seal of England Francis Howard Countesse of Hertford Henry and George Cary the Father and Son Barons of Hundsdon both Lords Chamberlains to Queen Elizabeth the Heart of Anne Sophia the tender Daughter of Christopher Harley Count Beaumont Embassador for the King of France in England bestowed within a small gilt Urne over a Pyramid Sir Charles Blunt Earl of Devonshire Lord Livetenant General of Ireland And whom in no wise we must forget the Prince of English Poets Geoffrey Chaucer as also he that for pregnant wit and an excellent gift in Poetry of all English Poets came nearest unto him Edmund Spencer William Cambden Clarencieux King of Arms Causabon the greaâ— French Writer Michael Drayton Then there is George Villers Duke Marquiss and Earl of Buckingham favorite to King James and Charles the first The late Earl of Essex with divers other during the Reign of the long Parliament There was also another Colledge or Free-Chappel hard by consisting of a Dean and twelve Chanons Dedicated to St. Stephen which King Edward the third in his princely Magnificence repaired with curious Workmanship and endowed with fair possessions so as he may seem to have built it new the time as he had with his Victories over-run and subdued all France recalling to mind as we read the Charter of the Foundation and pondering in a due weighty devout consideration the exceeding benefits of Christ whereby of his own sweet mercy and pitty he preventeth us in all occasions delivering us although without desert from sundry pâ—ills and defending us gloriously with his powerful right Hand against the violent assaults of our adversaries with victorious successes and in other
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
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
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
three hundred foot of the feet of St. Paul in breadth eighty nine foot and in heighth from the ground to the roof sixty four foot and two inches c. It was consecrated 1325 and at the Generall suppression was valued at thirty two pound nineteen shillings and surrendred the twelfth of November 1538 the thirty of Henry the eighth the Ornaments and goods being taken to the Kings use the Church was shut up for a time and used as a Store-house of goods taken prizes from the French but in the year 1546 on the third of January it was again set open on the which day preached at Pauls Crosse the Bishop of Rochester where he declared the Kings gift thereof to the City for the relieving of the poor which gift was inroll'd by Patents St. Bartholmews Spittle in Smithfield lately valued at three hundred five pounds six shillings seven pence and surrendred to the King was of the said Church of the Gray Fryars and of two Parish Churches the one of St. Nicholas in the Shambles and the other of St. Ewins in Newgate-Market they were to be made one Parish Church in the said Fryers Church In Lands he gave for maintenance of the said Church with Divine Service reparations c. five hundred Marks by year for ever The thirteenth of January the thirty eighth of Henry the eighth an agreement was made betwixt the King and the Mayor and Communalty of London dated the twenty seven of December by which the said gift of the Gray Fryers Church with all the Edifices and ground the Fratrie the Library the Portar and Chapter House the great Cloistry and the lesser Tenements Gardens and vacant grounds Lead Stone Iron c. The Hospitall of St. Bartholmew in West Smithfield the Church of the same the Lead Bells and Ornaments of the same Hospitall with all the Messuages Tenements and appurtenances The Parishes of Saint Nicholas and of Saint Ewin and so much of Saint Sepulchres Parish as is within Newgate were made one Parish Church in the Grey Fryers Church and called Christs Church founded by King Henry the eighth In the year 1552 began the repairing of the Gray Fryars House for the poor fatherlesse Children and in the Month of November the children were taken into the same to the number of almost four hundred On Christmas day in the afternoon while the Lord Mayor and Aldermen rod to Pauls the Children of Christs Hospital stood from Saint Lawrence Lane end in Cheap towards Pauls all in one Livery of Russet Cotton three hundred and forty in Number and in the Easter next they were in Blue at the Spittle and so have continued ever since For these sorts of poor three several Houses were provided First for the innocent and fatherlesse which is the Beggars Child they provided the House that was the late Gray Fryers in London and called it by the name of Christs Hospitall where poor Children are trained up in the Knowledge of God and some vertuous exercises to the overthrow of beggary For the second degree was provided the Hospitals of Saint Thomas in Southwark and Saint Bartholmew in West Smithfield where are continually at least two hundred diseased persons which are not only there lodged and cured but also fed and nourished For the third degree they provided Bridewell where the Vagabond and idle Strumpet is chastised and compelled to labour to the overthrow of the vicious life of idlenesse They provided also for the honest decayed housholder that he should be relieved at home at his House and in the Parish where he dwelled by weekly relief and Pension And in like manner they provided for the Lazer to keep him out of the City from clapping of dishes and ringing of Bells to the great trouble of the Citizens also to the dangerous infection of many that they should be relieved at home at their Houses by several Pensions St. Bartholmewes Hospital is incorporated by the name of Mayor Communalty and Citizens of the City of London Governours of the Hospital for the poor called little St. Bartholmews near to West Smithfield of the Foundation of King Henry the eighth Christs Hospitall Bridewell and Saint Thomas the Apostle in Southwarke are incorporated by the names of the Mayor Communalty and Citizens of London Governours of the Possessions Revenues aâ—d Goods of the Hospitals of Edward King of England the sixth of Christ Bridewell and Saint Thomas the Apostle c. This Church was full of many great Monuments as of the Lady Margaret Daughter to Philip of France and Wife to Edward the first Of Queen Isabel Wife to Edward the second Of Joane Queen of the Scots Wife to David Bruce Of Isabel Daughter to Edward the third Of Eleanor Dutchesse of Britain Of the Lady Beatrix Dutchesse of Britain Daughter to Henry the third Of Roger Mortimer Earl of March Of John Hastings Earl of Pembrook Of John Duke of Bourton who had been taken Prisoner at Agencourt with divers other great Personages There is lately erected there in the South end of the Chancel and extraordinary hansome Monument to the Lady Venetia Stanley Wife to the noble Knight Sir Kenelme Digby Now for the South side of this Ward beginning again at the Crosse in Cheap from thence to Fryday-street and down that street on the West side till over against the North-west corner of Saint Matthewes Church And on the West side to the South corner of the said Church is wholly in the Ward of Faringdon From this Fryday-street West to the old Exchange a street so called of Kings Exchange there kept which was for the receipt of Bullion to be coyned For Henry the third in the sixth year of his Reign wrote to the Scahines and men of Ipreâ— that he and his Councel had given prohibition that no Englishmen or other should make change of Plate or other Masse of Silver but only in his Exchange at London or at Canterbury Andrew Bukerel then had to â—arm the Exchange of England was Maior of London in the Reign of Henry the third Iohn Somercote had the keeping of the Kings Exchange overall England In the eighth of Edward the first Gregory Rockâ—ley was Keeper of the said Exchange for the Kingâ— in the fiâ—th of Edward the second William Hausted was Keeper thereof And in the eighteenth Roger de Frowick c. These received the old stamps or Coyning-Irons from time to time as the same were worn and delivered new to all the Mints in England This street beginneth by VVest-Cheap in the North and runneth down South to Knight-rider-street that part thereof which is called Old Fish-street But the very Housing and Office of the Exchange and Coynage was about the midst thereof South from the East Gate that entreth Pauls Church-yard and on the West side in Baynards-Castle Ward On the East side of this Lane betwixt West-Cheap and the Church of St. Augustine Henry VValleis Mayor by Licence of Edward the first builded one row of Houses
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