Clayton Kt. Borough of Rygate Sir John Parsons Kt. John Parsons Esq Borough of â—uilford Morgan Randyll Esq Foot Onslow Esq Borough of Gatton Sir John Thompson Bar. Thomas Turgis Esq Borough of Haslemere Geo. Rodeney Bridges Esq Denzill Onslow Esq Susser 20. Sir John Pelham Bar. Sir Will. Thomas Bar. City of Chichester Sir Thomas Miller Kt. Thomas May Esq Borough of Horsham John Machell Esq Thomas White Jun. Gent. Borough of Midhurst Sir William Morley Knight of the Bath John Lewkner Esq Borough of Lewes Thomas Pelham Esq Richard Bridger Esq Borough of Shoreham Sir Edward Hungerford Knight of the Bath John Pery Esq Borough of Bramber Nicholas Barbon Esq Dr. John Radcliffe Borough of Steyning Sir John Fagge Bar. Robert Fagge Esq Borough of East-Greensted The Honourable Thomas Sackvile Esq Sir Thomas Dyke Bar. Borough of Arundel William Morley Esq James Butler Esq Warwickshire 6. William Bromely Esq Andrew Archer Esq City of Coventry Richard Hopkins Esq John Stratford Esq Borough of Warwick The Right Honourable William Lord Digby William Colemore Esq Westmorland 4. The Right Honourable Sir John Lowther of Lowther Bar. Sir Christopher Musgrave of Musgrave Kt. and Bar. Borough of Appleby The Honourable William Cheyne Esq Charles Boyle Esq Wilthshire 34. The Right Honourable Edw. Viscount Cornbury Sir Walter S. John Bar. City of New Sarum Thomas Hoby Esq Thomas Pitt Esq Borough of Wilton Sir Richard Grubham How Kt. and Bar. Thomas Windham Esq Borough of Downton Sir Charles Raleigh Kt. Maurice Bockland Esq Borough of Hindon Robert Hide Esq Thomas Chaffyn Esq Borough of Westbury The Honourable Peregrine Bertie Esq Richard Lewys Esq Borough of Hytesbury William Ash Esq Will. Trenchard Esq Borough of Calne Henry Baynton Esq Henry Chivers Esq Borough of the Devizes Sir Tho. Fowles Kt. Walter Grubb Esq Borough of Chipenham Richard Kent Esq Alexander Popham Esq Borough of Malmesbury The Honourable Goodwin Wharton Esq Sir James Long Bar. Borough of Criclade Edmund Webb Esq Charles Fox Esq Borough of Great Bedwin The Right Honourable Anth. Viscount Falkland Sir Jonath Raymond Kt. Borough of Ludgersale Thomas Neale Esq John Deane Esq Borough of Old Sarum Sir Thomas Mompesson Kt. William Harvey Esq Borough of Wootton-Basset Henry St. John Esq John Wildman Jun. Esq Borough of Marlborough Sir John Ernle Kt. Sir George Willoughby Kt. Worcestershire 9. Sir John Packington Kt. Thomas Foley Esq City of Worcester Sir John Somers Kt. William Bromely Esq Borough of Droitwich The Right Honourableâ— Richard Earl of Bellemont â—hilip Foley Esq Borough of Evesham Sir James Rushout Bar. Edward Rudge Esq Borough of Bewdley Henry Herbert Esq Yorkshire 30. The Right Honourable Thomas Lord Fairfax Sir Joyn Kay Bar. City of York Robert Waller Esq Henry Thompson Esq Town of Kingston upon Hull John Ramsden Esq Charles Osborne Esq Borough of Knaresborough William Stockdale Esq Thomas Fawkes Esq Borough of Scareborough Will. Thompson Esq Francis Thompson Esq Borough of Rippon Sir Edm. Jenings Kt. Sir Jonath Jenings Kt. Borough of Richmond Sir Mark Milbanck Bar. Theodore Bathurst Esq Borough of Heydon Henry Guy Esq Matth. Appleyard Esq Borough of Boroughbrig Sir Henry Goodrick Kt. and Bar. Sir Bryan Stapleton Borough of Malton Sir William Strickland Bar. William Palmes Esq Borough of Thriske Thomas Frankland Esq Richard Staines Esq Borough of Aldborough Sir Mich. Wentworth Kt. Christopher Tancred Esq Borough of Beverly Sir Michael Wharton Kt. William Gee Esq Borough of North-Allerton Sir William Robinson Bar. Thomas Lascells Esq Borough of Pontefract The Honourable Henry Dawney Esq Sir John Bland Bar. BARONS of the Cinque-Ports 16. Port of Hastings The Honourable John Beaumont Esq Peter Gott Esq Town of Winchelsea Sir Robert Austin Bar. Samuel Western Esq Town of Rye Sir John Austen Bar. Sir John Darrel Kt. Port of New Rumney Sir Charles Sidley Kt. John Brewer Esq Port of Hythe Sir Philip Butler Bar. Will. Brockman Esq Port of Dover Thomas Papillon Esq James Chadwick Esq Port of Sandwich John Thurbarne Serjeant at Law Edward Brent Esq Port of Seaford William Campion Esq Henry Pelham Esq WALES 24. Anglesey 2. The Right Honourable Rich. Viscount Bulkely Town of Beaumaris Thomas Bulkely Esq Brecon 2. Sir Rowland Gwyn Kt. Town of Brecon Jeossery Jeffreys Esq Cardigan 2. Sir Carbety Price Bar. Town of Cardigan Hector Philips Esq Carmarthen 2. Sir Rice Rudd Bar. Town of Carmarthen Richard Vaughan Esq Carnarvan 2. Sir Wil. Williams of Vaynal Bar. Town of Carnarvan Sir Robert Owen Kt. Denby 2. Sir Richard Middleton Bar. Town of Denby Edward Brereton Esq Flint 2. Sir Roger Puleston Kt. Town of Flint Thomas Whitley Esq Glamorgan 2. Bussey Mansel Esq Town of Cardiffe Thomas Mansell Esq Merioneth 1. Sir John Wynne Kt. and Bar. Montgomery 2. Edward Vaughan Esq Town of Montgomery Charles Herbert Esq Pembroke 3. Sir Hugh Owen Kt. Town of Haverford-west Sir William Wogan Kt. Town of Pembroke Arthur Owen Esq Radnor 2. Richard Williams Esq Town of New Radnor Robert Harley Esq In all 513. A List of the Lords and others of His Majesties most Honourable Privy Council with the Clerks of the Council HIS Royal Highness Prince George Thomas Marquess of Camarthen Lord President Henry Duke of Norfolk Earl Marshal Charles Duke of Bolton Robert Earl of Lindsey Lord Great Chamberlain of England William Earl of Devonshire Lord Steward Charles Earl of Dorset Lord Chamberlain Aubrey Earl of Oxford William Earl of Bedford Thomas Earl of Pembroke and Montgomery John Earl of Bath Charles Earl of Macclesfield Daniel Earl of Nottingham Secretary of State William Earl of Portland Thomas Earl of Faulconberg Charles Earl of Monmouth John Earl of Marlborough Richard Earl of Scarborough Henry Earl of Warrington Ralph Earl of Montague Henry Viscount Sidney Henry Lord Bishop of London Francis Lord Newport Marquess of Winchester Lord Chief Justice Holt. Sir Robert Howard Sir Henry Capel Sir Henry Goodrick Sir John Lowther Vice-Chamberlain Richard Hampden Esq Hugh Boscawen Esq Thomas Wharton Esq Comptroller of the King's Houshold Edward Russel Esq William Harbord Esq Henry Powle Esq Master of the Rolls Lords Commissioners of the Privy Seal William Cheyne Esq Sir John Knatchbull Bar. Sir William Palteney Kt. The Clerks of the Council Sir John Nicholas Kt. Mr. Blathwait Mr. Mountague Mr. Coleing A List of the Lords Commissioners and other Officers of the Court of Chancery The Lords Commissioners Sir John Trevor Knight Sir William Rawlinson Knight Sir Geo. Hutchins Knight Masters of Chancery Henry Powle Esq Master of the Rolls whose Sâ—cretary is Mr. John Rawlinson Sir William Child Sir John Hoskins Sir John Franklyn Sir Adam Oatley Sir Robert Legar Sir John Edgeburg Sir James Astrey Sir Miles Cook Roger Meredith Esq John Methwyn Esq Samuel Keck Esq The Six Clerks in Chancery Sir Rob. Marsham Kt. Sir W. Perkins Kr. â—hem Bridges Esq Littleton Powel Esq Rich. Garth Esq Basil Herne Esq The Cursitors Mr. Abraham Nelson Principal Mr. Mich. Terry Assistants Mr. Geo. Davies Assistants For Suffolk and
1688. Henry Pollixfen Esq Lord Chief Justice of the Common-Pleas Knighted at Whitehall March 5th 1688. Charles Sidley Knighted at Whitehall March 12. 1688. Thomas Pilkington Esq Lord Mayor of London Knighted April 10th 1689. William Whitelock Esq of the Middle-Temple Knighted April 10th 1689. Robert Harrison Esq Knighted at Whitehall April 12. 1689. Captain John Ashby and Captain Clovesty Shovel both Knighted on Shipboard May 16th 1689. Charles Hedges of Doctors Commons London Judge of the Admiralty Knighted at Whitehall June 4th 1689. Edward Mosely of Huling in Lancashire Esq Knighted at Whitehall June 4th 2689. Ralph Box of London Esq Knighted at Whitehall Octob. 25th 1689. Christopher Lethulier and John Houblon Knighted at Whitehall Octob. 29th 1689. Edward Clerk Alderman and Francis Child Goldsmith Knighted at Whitehall Octob. 29th 1689. Nicholas Lechmere Esq One of the Barons of the Exchequer All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. Tho. Rokesby Esq One of the the Justices of the Common-Pleas All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. Giles Eyres Esq One of the Justices of the Kings-Bench All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. Peyton Ventris Esq one of the Justices of the Common-Pleas All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. John Turton Esq One of the Barons of the Exchequer All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. George Hutchins Esq One of the Lords Commissioners of the Treasury All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. Will. Wogan Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. J. Tremain Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. W. Thompson Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. J. Trenchard Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. John Somers Esq their Majesties Sollicitor General All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. James de Castillo Knighted at Whitehall Dec. 1. 1689. William Cranmer Merchant Knighted at Whitehall Dec. 14th 1689. Thomas Miller of Chichester Esq Knighted at Whitehall Dec. 23. 1659. Pury Cust of Stamford Esq Knighted at Whitehall April 10th 1690. William Hussey of London Merchant lately sent Embassador to Constantinople Knighted at Whitehall April 17th 1690. Joseph Herne of London Merchant Governor of the East-India Company Both Knighted at Kingsington Sept. 15th 1690. Thomas Cook of London Goldsmith Deputy-Governor of the said Company Both Knighted at Kingsington Sept. 15th 1690. George Meggot Esq of Horsey Down in Surrey Knighted at Kinsington Oct. 9th 1690. Stephen Evans of London Knighted at Kinsington Octob. 14th 1690. A List of the present Deans both in England and Wales S. Asaph Bangor Bristol Canterbury Carlisle Chester Chichester Christchurch in Oxford S. Davids Durham Ely Exeter Glocester Hereford Lichfield Lincoln Norwich S. Pauls London Peterborough Rochester Salisbury Wells Westminster Winchester Windsor and Woolverhampton Worcester York Dr. Bright Dr. Jones Dr. Levet Dr. Sharp Dr. Mr. Musgrave Dr. Ardern Dr. Hawkins Dr. Aldrich Dr. Ellis Dr. Greenvill Dr. Spencer Dr. Annesly Dr. Jane Dr. Benson Dr. Addison Dr. Brevint Dr. Fairfax Dr. Tillotson Dr. Kidder Dr. Ullock Dr. Pearce Dr. Bathurst Dr. Sprat Bp. of Rochester Dr. Meggot Dr. Haskard Dr. Hicks Dr. Wickham The Colledge of Civilians called Doctors Commons exercent in London DR George Oxinden Dean and Official Principal of the Arches-Court of Canterbury and Vicar General of the Arch-Bishop of Canterbury Sir Charles Hedges Kt. Dr. of Laws Judg of the High Court of Admiralty Master of the Faculties and Chancellor of the Diocese of Rochester Sir Richard Raines Kt. Dr. of Laws Judg of the Prerogative Court of Canterbury and Chancellor to the Bishop of Lichfield and Coventry Dr. Thomas Bourchier Commissary of the Diocese of Canterbury Dr. Watkinson Vicar-General to the Arch-Bishop of York Sir Thomas Pinfold His Majesties Advocate-General Chancellor to the Lord Bishop of Peterborough and Official to the Dean and Chapter of St. Pauls Dr. Edward Masters Chancellor to the Lord Bishop of Exeter Dr. William Oldys Their Majesties Advocate for the Office of Lord High Admiral of England and to the Lords of the Prizes and Chancellor of the Diocese of Lincoln Dr. Henry Falconbridge Chancellor to the Bishop of St. Davids Dr. Pepper Chancellor to the Bishop of Norwich Dr. Henry Newton Chancellor to the Bishop of London Dr. Henry Aileworth Chancellor to the Bishop of Oxford Sir Timothy Baldwin Chancellor to the Bishops of Hereford and Worcester Dr. Briggs Chancellor to the Bishop of Chichester The Honourable Mountague Batchelor of Laws Chancellor to the Bishop of Durham Dr. John Cook Chancelor to the Bishop of Ely Morley Batchelor of Laws Chancellor to the Bishop of Winchester Dr. Powel Chancellor to the Bishop of St Asaph Dr. Richard Parsons Chancellor to the Bishop of Glocester Dr. Henry Jones Chancellor to the Bishop of Landaff Dr. Nicholas Chancellor to the Bishop of Carlisle Dr. Baylie Chancellor to the Bishop of Bath and Wells Dr. Wainwright Chancellor to the Bishop of Chester Dr. Jones Chancellor to the Bishop of Bristol Dr. Pennington Chancellor to the Bishop of Bangor Chancellor to the Bishop of Salisbury Doctors of Laws Sir William Trumball Kt. late Ambassador at Constantinople Dr. John Edisbury Official to the Dean and Chapter of Westminster Dr. Joseph Taylor Dr. Charles Davenant Dr. Fisher Littleton Dr. John St. John Dr. George Brampston Dr. Stephen VValler Dr. Mathew Tindale Dr. John Conant Dr. Thomas Lane Dr. Richard Paget Dr. Philip Foster Dr. Bryan VValton Dr. John Harwood Dr. John Rudston Registers Thomas Oughton Gent. Register to the High Court of Delegates John Clements Esq Register of the Arches Court of Canterbury Thomas Smith Deputy Register Thomas Tillot Actuary of the same Orlando Gee Esq Register of the High Court of Admiralty Thomas Bedford Gent. Deputy Register John Cheek General Marshal Proctors of the Arches and in all other Courts Samuel Francklyn Esq Batchelor of the Laws Their Majesties Proctor-General Mr. Ralph Suckley Mr. Everard Exton Mr. Batchel of Laws Mr. VVilliam Cole Mr. John Hill Mr. Ric. Newcourt Mr. Thomas Smith Mr. Francis Nixon Mr. Godfrey Lee. Mr. Robert Chapman Mr. Thomas Tillot Mr. Thomas Swallow Mr. Peter Parret Mr. Thomas Rock Mr. Samuel Wiseman Mr. John Hungerford Mr. John Miller Mr. Thomas Shepard Mr. Keate VValler Mr. Edward Shaw Mr. John Lovell Mr. Richard Martin Mr. John Roberts Mr. Robert Bargrave Mr. John Tomlinson Mr. George Sayer Mr. Robert Constable Mr. Robert Peirson Mr. John Playdell Mr. John Chase Mr. Joseph Patten Mr. Goldsmith Mills Mr. Edward Cooke The Prerogative Office or Registry for the Prerogative Wills in the Arch-Bishoprick of Canterbury Register of the Prerogative Court of Canterbury Everard Exton Batchelor of Laws Deputy Register Mr. Thomas VVelham Clerks in the said Office Mr. Charles Pinfold
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's
presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original
the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges
Huntingt Mr. Nelson For Nottingh Northamp Mr. Terry For Devon and Kent Mr. Davies For Devon and Kent Mr. Shorthose For Essex and Berks. Mr. Abr. Skinner For Hartf and Derbysh Mr. Mat. Colborn For Lond. and Middlesex Mr. S. Laytow For Lond. and Middlesex Mr. Hen. Martin For Lond. and Middlesex Mr. Wil. Fish For Lincoln and Somers Mr. Hen. Caesar For York and Westm Mr. J. Hawkins For York and Westm Mr. Jo. Paget For Glocester and Camb. Mr. J. Hungerford For Glocester and Camb. Mr. Fra. King For Southampt and Warw. Mr. J. Reynolds For Norfolk and Cumb. Mr. Cha. Pickering For Dors and Northumb. Mr. Will. Finch For Leicest and Cornwal Mr. John Hussey For Surrey and Salop. Mr. Steph. Terry For Heref. and Monm Mr. Osb. Newman For Oxon and Rutl. Mr. Rob. Hart. For Staff and Wiltsh Mr. Jer. Hale For Bedf. and Buck. Mr. Ric. Plompton For Sussex and Glocest Mr. Wil. Wickliff Clerk of the Crown in Chancery Henry Barker Esq His Deputy Tho. Milton Esq Clerk of the Office Mr. Ralph Hale The Register Deputy-Registers Mr. Geo. Edwards Mr. Carew Guidot Mr. Edw. Goldsborough Mr. Richard Price The Deputy-Register for filing the Reports and Keeper of the Books of Entry Mr. Richard Bournford The Entring Clerks in the Register's Office Mr. Robert Davenish and Mr. Henry Davenish Secretary of the Presentation of the Spiritual Benefices Mr. Richard Brook Clerk of the Patents I Richard Pigot Clerk of the Affidavits Mr. Samuel Poynter Clerk of the Hanaper Mr. Edward Seymore The Principal Clerks in the Petty-Bag Office Mr. Aaron Pingrey Mr. John Lloyd Mr. John Dauling Clerks in the Rolls Chappel Mr. William Grimes Mr. Woodford Mr. Sam. Killingworth Mr. Henry Watson Mr. Vincent Mr. Haley Clerks in the Inrollment Office Mr. Andrew Young Mr. Edw. Portington Master of the Subpoena Office Sir Walter Vane Kt His Deputy Mr. Nich. Hook Master of the Patent Office Sir Richard Pigot Kt. His Deputy Mr. Brook The two Clerks Mr. Richard Pickering and Mr. Nicholas Nichols In the Alienation Office The Commissioners Peregrine Bertue Esq The Commissioners John Sanderson Esq The Commissioners William Glandvil Esq The Civilian formerly a Doctor Mr. George Morley His Clerk to indorse the Writs Mr. Bernard Halfpeny Receiver of the Fines Edward Nicholas Esq The Register Mr. Thomas Web. Porter Charles Brook Examiners in Chancery William Adderly Esq Francis Twisden Esq To which add the Usher to the Court of Chancery Mat. Bluck Esq Cryer Mr. James Sparrow Warden of the Fleet Richard Manlove Esq Sergeant at Arms George Charnock Esq A List of the Judges and Officers of the Court of Kings Bench. The Judges Sir John Holt Lord Chief Justiee Sir William Dolben Justices Sir William Gregory Justices Sir Giles Eyres Justices Clerk of the Crown in the Kings Bench. Sir Samuel Astrey Kt. His Secondary Simon Harcourt Esq The Entring Clerks Mr. Rob. Seyliard Chief Clerk Mr. Rich. Horton Mr. John Weekely Mr. John Cook Mr. William Eyre Mr. Lionel Fanshaw Mr. Rice Foulks Mr. Benedict Brown Mr. Rob. Wintour Mr. Wil. Leighton Mr. Edward Croke Praenotary or the Kings chief Clerk on the Plea-side Sir Robert Henley Kt. His Secondary Mr. Richard Aston Receiver and Signer of Writs Mr. Thomas Bromfield To which add the Masters of the Nisi-Prius Office Custos Brevium and Recordorum Thomas Goodwin Esq Masters of the Nisi-Prius Office Custos Brevium and Recordorum Simon Foulks Esq Clerk of the Rules Robert Pugh Esq His Deputy Mr. Barth Pickering Clerks of the Papers on the Plea-side Mr. Robert Stone Mr. Giles Clark Clerk of the Errors Mr. Thomas Waerg Clerk of the Bills of Middlesex Mr. Fr. Rouse Clerk for filing Declarations Mr. John Slater Clerk of the Remembrances and Dockets Mr. Robert Walker Clerk of the Bails and Posteas Mr. Fr. Thacker Filazers and Exigenters For Bedf. Mr. Child For Berks. Mr. Rob. Hastings For Kent Cornwal Nott. Warw. Cumberl Rutland Northumb Suff. Mr. James Fuller For Darbyshire Mr. Tho. Statham For Devon Mr. John Green For Dors Mr. John Martin For Essex Mr. Geo. Woodson For Gloc. London Middesex and Surrey Mr. John Teye For Hartf Mr. Wil. Ravenhill For Heref. Mr. Wil. Hastings For Huntingt Mr. For Kent Mr. Tho. Bathurst For Leicest Mr. William Benson For Lincoln Mr. John Browning For Monmouth Mr. John Smith For Norfolk Mr. William Avery For Northampt. Mr. Godfrey Wildbore For Oxon Mr. Henry Dod. For Salop Mr. Basil Herne For Somers Mr. Rob. Randal For Southampton Town and County Mr. Francis Caplyn For Staff Mr. Michael Martin For Sussex Mr. Rich. Aylwin For Westmorl Mr. John Hind For Wiltshire Mr. Sam. Porter For Worcest Mr. For Yorksh Mr. George Woodson For Canterbury Mr. For Coventry Mr. For Bristol Mr. John Ayres For Exeter Mr. For Glocester Mr. Henry Ewen For Kingston upon Hull Mr. William Osborn For Lincoln Mr. For Newcastle upon Tine Mr. For Norwich Mr. For Nottingham Mr. William Bennet For Pool Mr. For York Mr. Marshal hereditary of the Kings Bench William Lenthal Esq Marshal sworn William Brigs Esq Sealer of Writs Keeper of the Stamp Head-Cryer Mr. Coling Under-Criers Mr. John Partridge Mr. Ushers Tipslaves Mr. William Atton Mr. Weaver Mr. John Hopper Mr. Fielder A List of the Judges and Officers of the Court of Common Pleas. The Judges Sir Henry Pollixfen Lord Chief Justice Sir John Powel Justices Sir Tho. Rokesby Justices Sir Peyton Ventris Justices Custos Brevium Sir Joseph Ash Kt. His Deputy William Thursby Esq Chief Praenotary John Cook Esq His Secondary Mr. Richard Cook Clerk of the Jdgments Mr. Leyton Second Praenotary Thomas Winford Esq His Secondary Mr. Charles Cox Clerk of the Judgments Mr. Will. Winford Third Praenotary Charles Tempest Esq His Secondary Mr. George Walker Clerk of the Judgments Mr. George Wheeler Clerk of the Warrants Mr. William East His Deputy Mr. Robert Fish Clerk of the Essoins Mr. William Hall Clerk of the Juries Mr. Sympson His Deputy Mr. Rich. Hamden Chirographer Francis Lane Esq Secondary John Storer Esq Register Francis Blake Esq Clerk of the Proclam Mr. Tho. Basket Clerk of the King's Silver Henry Ludlow Esq Clerk of the Seal Clerk of the Treasury Mr. Green Keeper of the Treasury Mr. Williams Clerk of the Inrolment of Fines and Recoveries Mr. Edw. Mills Clerk of the Outâ—â—wries Mr. Franklyn Clerk of the Errors Mr. Halse Clerk of the Supersedeas Mr. Rich. Abbot Chief Proclamator Marshal and Barrier John Walker Esq Filazers For Bedford Berks Bucks and Oxon. Mr. Francis Child For Lond. Middlesex Cambr. and Huntington Mr. Philips For Devon Dorset Somerset Exeter Bristol and Pool Mr. Guy Fuller For Glocestersh Worcestersh and their respective Cities Corn. and Heref. Mr. Henry Dottin For Warwicksh Leicestersh Nottinghamsh and Nottingham Town Derby and City of Coventry Mr. Spicer For Salop Staff Northamptonsh Rutland and City of Litchf Mr. Shephard For Suffolk Mr. Ric. Middlemore For Norfolk and Norwich Mr. Caunter For Essex and Hartf Mr. Herbert For Kent Surrey and Sussex Mr. Hodgson
Rent of the Shops above and below Stairs and the vaulted Cellars under Ground Which comes to about 4000 l. a Year besides 30 l. Fine which is paid for every Shop And as Dr. Chamberlain observes this goodly Fabrick not taking up quite an Acre of Ground is perhaps the richest piece of Ground in the whole World In our Way towards Westminster before we come to St. Pauls Cathedral are three Things worth taking notice of On the left hand a Statute of King Charles II. on Horseback in Stock-Market with a fine Conduit to it Bow steeple in the middle of Cheapside and on the right hand the Guild-hall The first done in white Marble at the Cost and Charges of Sir Robert Viner The other a solid and beautifull Structure composed of four of the Orders of Building which shews the rare Invention of the Architect The whole Height of it from the Ground is 225 foot and yet is but half so high as the intended Dome of St. Pauls Cathedral is designed to be Noted besides for its Ring of Bells reputed to be the best in all England Guildhall where the the City Courts of Judicature are held and where the Lord Mayor Aldermen and Common-Council meet for the Management of the City-Concerns is a spacious Building but more glorious within than without At the first coming in is a spacious Hall set out among other Things with the Pictures of Their Majesties King William and Queen Mary with those of several Judges Here are also two Giauts that stand up in their bulky Figures Blackwell-Hall is so near this Place and so famous for the Sale of Woollen-Cloths that I cannot pass it by in Silence The same was purchased by the Lord Mayor and Commonalty in the Beign of Richard II and has been since imployed as a Weekly Market-Place for all sorts of Woollen-Cloth broad and narrow brought from all Parts of the Kingdom there to be sold And it is to this day the greatest Market and Store-house for all sorts of Woolen-Cloth And now we come to St. Pauls Cathedral seated on the highest Part of all the City and first built by Sebert the first Christian King of the East-Saxons Before the Fire it was in Length 690 Foot that is 20 foot longer than St. Peter's in Rome which for beauty proportion and divers other Things excels all other Churches It s Breadth and Height were proportionable to the Length so that it stood upon so much ground as contained above 3 Acres and a half This famous Church as vast and solid as it was was devoured by that dreadfull Fire in the Year 1666. But some Years after Sir Christopher Wren having by the King's Command designed a new Model of it a new Foundation was laid accordingly And ever since this stately Fabrick has been carried on to that height we see it now So that for Greatness and Figure for Solidity Magnificence and curious-Architecture 't is like to excel all Churches in Christendom except in some particulars St. Peter's Church in Rome To this Cathedral belongs a Dean and thirty Prebendaries c. Within the Liberties The Two Sergeants Inns one in Fleetstreet and the other in Chancery-Lane Two Inns of Court the Inner and the Middle-Temple in Fleetstreet Five Inns of Chancery viz. Clifford's-Inn in Fleetstreet and these four in Hoâ—born Thavies Furnivals Bernards and Staple-Inns Without the Liberties Two other Inns of Court viz. Grays Inn in Holborn and Lincolns Inn in Chancery Lane Three Inns of Chancery viz. Clements Inn New Inn and Iyons Inn. The Sergeants Inns are so called because divers Judges and Sergeants at Law keep their Commons and Lodge there in Term-time The Number of these is about 26 who being arrived to the highest Degree in the Study of the Common Law have here their Lodging and Diet. Out of these are all the Judges of the Kings Bench Common Pleas and Exchequer elected by the King â—t being a Degree in the Common Law anâ—werable to that of Doctor in the Civil Law But whereas Doctors of Law are allowed to it covered within the Bar the Sergeants stand â—are-headed without the Bar only with Coifs â—or Caps on For they are called Servientes 〈◊〉 Legem and Servitutis Appellatio-est Ministeâ—ii Doctoris vero Magisterii The Degrees by which the Student in the â—ommon Law rises to that of a Sergeant are first by being bred 2 or 3 years in the University in the Study of Logick and Rhetorick with some Insight into the Civil Law Upon which he is admitted to one of the four Inns of Court where he is first called a Student or Inner-Barrister till after 7 Years Study he becomes a Mootman or Utter-Barrister and some Years after a Bencher Those are Utter-Barristers who from their Learning and Standing are called by the Benchers in the Mooting Time to plead and argue Moots that is doubtfull Cases and Questions And whilst they argue the said Cases they sit uttermost on the Forms of the Benchers Out of these Mootmen are chosen Readers for the Inns of Chancery where in Term-Time and Grand Vacations they argue Cases in the presence of Attorneys and Clerks In the four Inns of Chancery seated in Holbourn the Moots are read either by those of Grays-Inn or Lincolns-Inn and in the others by those of the two Temples The Benchers so called from the Bench whereon they sit at the upper end of the Hall are the Seniors to whom is committed the Government of the whole House and out of whose Number is yearly chosen a Treasurer who receives disburses and accounts for all Moneys belonging to the House Out of these are also chosen those Readers whose Reading is kept with so much feasting and solemnity To which are invited the chief Nobles Judges Bishops great Officers of the Kingdom and sometimes the King himself Such a Feasting as has cost some Readers 1000 l. After which the Reader wears a long Robâ—different from other Barristers and is then in a capacity to be made a Sergeant at Law the Sergeants being usually chosen out of these Readers The Manner of their Choice is thus When the Number of Sergeants is small the Lord chief-Chief-Justice of the Common Pleas by the advice and consent of the other Judges makes choice of some of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellour or Lord Keeper Who sends by the King 's Writ to each of them to appear on such a day before the King to receive the State and Degree of a Sergeant at Law At the appointed Time they being habited in party-coloured Robes come to Westminster-Hall accompany'd with the Students of the Inns of Court and attended by a Train of Servants and Retainers in their Cloth Liveries Where they take in publick a solemn Oath and are cloathed with Coifs which they wear always in publick After this they feast the great Persons of the Nation in a most splendid manner and present them with gold Rings
Sir Thomas Pilkington was chosen in his room In whose Person the Chance is turned almost quite contrary For if he do's outlive the Time appointed for his Mayoralty by his late Re-election instead of being Mayor but one Year according to the usual Course his Mayoralty will reach near two Years and a half Next to the Lord Mayor there are 26 Aldermen A Recorder Two Sheriffs A Chamberlain Besides the Vnder-Sheriffs the Town-Clerk or Common Clerk and a Remembrancer these two last being both Esquires by their Places The 26 Aldermen preside over the 26 Wards of the City a peculiar Alderman being assigned to every Ward Who has under him a certain Number of Common-Council-Men and one of them his Deputy besides Constables Scavengers Beadles c. Now the Aldermen who have been Lord Mayors and the three eldest Aldermen that have not yet arrived to that honourable estate are by the City-Charter Justices of Peace of the City Upon the Death of an Alderman the Lord Mayor issues out his Precept to the Ward whereof he was Alderman to chuse two substantial Men of the City and return their Names to the Court of Aldermen Which being done the Lord Mayor and Court of Aldermen select one of the two such as they judge fittest for that Station The Recorder is usually a grave and learned Lawyer well versed in the Laws and Customs of the City and in that Capacity is an Assistant to the Lord Mayor He takes his place in Councils and in Court before any Man that has not been Mayor and 't is he that delivers the Sentences of the whole Court The two Sheriffs of this City are also Sheriffs of the County of Middlesex They are yearly chosen in the Guildhall on Midsummer-Day by the Livery-Men of the respective Companies that is by the Citizens from among themselves A high Priviledge considering the Importance of this Magistracy especially in their power of Impanelling Juries Yet my Lord Mayor by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs In which Case the Usage has been for the Commons to confirm such a Person and to elect another to serve with him However the new-chosen Sheriffs are not sworn till Michaelmas Eve and till then they do not enter upon their Office If any of the Parties chosen refuse to hold he inours a Penalty of 450 l. unless he do take his Oath that he is not worth ten thousand pounds Each Sheriff has under him an Vnder-Sheriff and six Clerks viz. a Secondary a Clerk of the Papers and four other Clerks He has also a certain Number of Sergeants and every Sergeant a Yeoman The Vnder-Sheriffs have also Clerks under them The Chamberlain is an Officer of great Power in the City For without him no man can set up Shop or follow his Trade without being sworn before him neither can one be bound an Apprentice to any Tradesman but by his Licence He may Imprison any that disobey's his Summons or anv Apprentice that misdemeans himself or else he may punish him in another manner But these are only general Notions of the chief Officers and Magistrates of London for the Particulars I refer you to the Courts of Judicature in my Third Part. In relation to Trade which is the Life of this City the Traders thereof are divided into Companies which are so many Bodies Politique all injoying large Privileges granted by former Kings unto them Those Companies are in all about 70 twelve whereof are called the Chief Companies Viz. The Mercers The Grocers The Drapers The Fishmongers The Goldsmiths The Skinners The Merchant Taylors The Haberdashers The Salters The Iron-Mongers The Vintners The Cloth-Workers Each Company or Mystery has a Master yearly chosen from among themselves and other subordinate Governours called Wardens and Assistants Such is the Harmony of this Government that these Companies do exactly correspond to the general Government of the City by a Lord Mayor and Common Council who are selected out of these several Companies For he that is chosen Lord Mayor must be free of one of these 12 Companies and if he be of any other Company he presently removes to one of these Which have got so great Credit and Reputation in the World that several Kings have honoured some of them by taking their Freedom thereof The present King was lately pleased to accept of the Freedom of the Company of Grocers presented to Him in a golden Box in the Name of the City by Mr. Box upon which he was Knighted by His Majesty In short such are the Priviledges of the Citizens of London that they are Toll-free throughout England And the Lord Mayor usually at the Request of any Citizen that trades in remote Parts grants him his Warrant or Certificate They have also the Priviledge to keep out all Artificers and Handicraftsmen not free of the City So that if a Freeman of London do imploy any such to work within the City or Liberties he is liable to the Forfeiture of 5 l. a Day and an Action lies against him for the same An Alien indeed may be imploy'd six Weeks but no longer And how severe soever this may seem to Foreiners yet it is grounded upon Equity For were it not for that Priviledge here would be such a Concourse of Foreiners that it would prove as it has by Experience the utter undoing of a great Number of poor Citizens and Freemen whose Livelyhood depends upon their Handicrafts Another great Priviledge they have is their sending no less than four Members to Parliament which is twice the Number of other Cities and Borough-Towns in England And it is observable that their Members do usually appear in their Scarlet-Robes the first Day the Parliament sits when all other Members except the Speaker of the House appear in their usual Habit. Thus the Lord Mayor of London under the gracious Influences of the English Monarchs makes a Figure more like a Prince than a Subject And the Citizens of London though under the same general Government as all the rest of the Kings Subjects yet live within themselves blest with so many Advantages that I can compare them no better than to the old Citizens of Rome under the best of their Emperours And indeed the main Thing which has incouraged Trade here to that degree as to render this Place so rich and flourishing is the great Charters Priviledges and Immunities it is invested with by the Munificence of several of the former Kings Whereby the Londoners are Impowered to chuse their own Magistrates to do themselves Justice to maintain their own Peace and pursue all the good and advantagious Ends of Trade with the better Success and greater Security In order to which they keep within themselves many Courts and Councils where they make Laws for the better Government of the several Ranks and Orders of Men among them And though these grand Priviledges were judged to be forfeited by the Court of Kings Bench upon the Quo
a King De Jure and a King De Facto But those Diseases I thank God are not so Epidemical as to indanger a Convulsion in the State There are excellent and approved Remedies for them in the Pastoral Letter of the present Bishop of Salisbury and in the Collection of Papers but particularly in the late Book put out by that eminent Divine Dr. Sherlock to which for brevity sake I referâ— the Diseased But if Reason cannot Time I hope will wear out their Distempers And so I bid them Farewell CHAP. XV. Of the present KING and QVEEN's Court. THeir Majesties Court is composed of two distinct Bodies one of Laymen another of Churchmen I shall begin with the first not out of any Disrespect to the second but because this seems to me the most proper and natural Method The Court-Laymen are subdivided into two distinct Parts Civil and Military But before we descend to Particulars 't is to be observed I. That the Court wherever it is has within it self a certain Latitude of Jurisdiction called the Verge of the Court which is every way within 12 miles of the chief Tunnel of the Court except London which is exempted by Charter II. That the King's Court or Pallace where is Majesty resides is counted so sacred a Place â—at not only Striking of any one there in â—assion is severely forbidden but also all Ocâ—asions of Striking The first by the ancient â—aws of England was punished with Death â—â—d Loss of Goods And to this day whoâ—â—er presumes to strike another within the Palâ—ce where the King's Person resides and does 〈◊〉 draw blood by his Stroke is liable â—thout His Majesties Pardon to lose his right Hand to be Fined at the King's Will and ly in Prison till the Fine be paid And further to deter any one from presuming to Strike in the King's Court the Punishment for it is executed with great Ceremony III. That as great as the Court is yet it falls much short of what it has been formerly whether we consider the prodigious Plenty the Court lived in or the Greatness of the Houshold The Diminution whereof was first occasioned by the Troubles in the Reign of Charles I continued by Charles his Son and made greater by the late King James Before the Troubles aforesaid this Court went far beyond all others in Plenty and Magnificence no less than 86 Tables being kept here furnished in all with about 500 Dishes each Meal with all Things sutable A Profuseness I confess becoming the Times when the English were more addicted to Feasting than they are at present But to come to the present State of the Court the King's Houshold is managed in chief by these three principal Officers whose respective Salaries I have annexed Viz.  Wages Board-wages The Lord Steward 100 00 00 1360 00 00 The Lord Chamberlain 100 00 00 1100 00 00 The Master of the Horse 1200 00 00  Under whom are almost all the King's Officers and Servants The Lord Steward is the Principal Officer oâ— the King's Houshold To whom the State oâ— the House is committed to be ruled by hiâ— Discretion and all his Commands in Court to be obeyed and observed His Authority reaches over all Officers and Servants of the King's House except those of the King's Chamber the Stable and the Chappel He is a White-Staff Officer and the White-staff is taken for a Commission In the King's Presence he holds it up in his hand and at other times when he goes abroad 't is carried by a Footman bare-headed Upon the King's Death he breaks his Staff over the King's Herse and thereby discharges all Court-Officers under him By his Office without any Commission he judges of all Treasons Murders Felonies and Bloudsheds committed in the Court or within the Verge Which is much for the King's Honour that where His Majesty is no Justice should be sought but immediately from his own Officers At the beginning of Parliaments he attends the King's Person and at the end he adjusts the Parliament Expences c. To take the Accounts for all Expences of the King's Houshold there is a Place at Court called the Compting-House And in this House is kept that ancient Court of Justice called the Green Cloth of a Green Cloth whereat the Court sits The Officers that sit in the Compting-House and at the Board of Green Cloth with their respective Salaries are Besides the Lord Steward in chief  Wages Board-wages The Treasurer and Cofferer of the Houshold 223 14 08  The Comptroller 107 17 06 1092 02 06 The Master of the Houshold 66 13 04 433 06 08 Two Clerks of the Green Cloth and Two Clerks Comptrollers each 44 06 08 455 13 04 Amongst which the Lord Steward the Treasurer and the Comptroller are usually of the King 's Privy Council and the two last are also White-Staff Officers Their Office in the Compting House is there to sit day by day to take as I said before the Accompts for all Expences of the King's Houshold to make Provisions for it to make the Payments and such Orders as they think fit for the Servants In short to Them is committed the Charge and Government of the King's House with Power to correct all the Servants therein that shall any way offend and to keep the Peace not only within it but within the Verge of the Court. And whereas the King's Servants are free from Arrest the Creditors of such as are backward to pay have no other way for Payment but to make their application to the Board of Green Cloth which upon hearing of the Matter take care to see Justice done to the Creditors In the Lord Steward's Absence the Treasurer has power with the Comptroller and Steward of the Marshalsea by virtue of their Office and without Commission to hear and determine Treasons Felonies and other Crimes committed within the King's Pallace and that by Verdict of the King's Houshold And if any Servant within the Check-Roll be found guilty of Felony he is incapable of the Benefit of the Clergy The Comptroller's Office is to Comptrol the Accounts of the Green Cloth The Cofferer pays the Wages to the King's Servants above and below Stairs and for the Houshold Provisions according to the Allowance and Direction of the Green Cloth He has also a particular Charge and Oversight of the inferiour Officers of the King's House The Master of the Houshold surveys the Accounts of the House The Clerks of the Green Cloth sum up all Bills of Comptrolment Parcels and Brievements And the two Clerks Comptrollers do let and allow them But besides the foresaid Officers belonging to the Compting House and Green Cloth there are inferiour Officers and Servants relating to the same Viz.  Per Annum  Wages Board-wages Two Yeomen each 05 00 00 73 00 00 Two Grooms each 02 13 04 54 15 00 A Messenger 02 13 04 37 06 08 In the inferiour Offices below Stairs all under the Lord Steward there is
noble Exercises and appearing abroad according to their Rank and Quality Honour and Integrity Justice and Sobriety Courage and Wisdom were Virtues they excelled in A Lord's House was then lookt upon as a well disciplined Court where Servants lived not only in Plenty but in great Order with the Opportunity of getting good Breeding and the Prospect of raising themselves in the World by their Lords Bountifulness and innate Generosity How far the Case is altered 't is but too plain Yet it is hoped a virtuous and generous Prince will bring back that Golden Age. But there is an additional Honour the most ancient Order of the Garter wherein some of the chief of our Nobility have ever had a share since its first Institution The Founder of this Order was that warlike and potent Prince King Edward III who several times triumphed over France and Scotland Polydore Virgil gives it a slight Original but his Grounds by his own Confession grew from the vulgar Opinion Which is that Edward III having obtained many great Victories King John of France and David Bruce of Scotland being both his Prisoners King Henry of Castille the Bastard expulsed and Don Pedro restored by Edward the Black Prince did upon no weighty Occasion first erect this Order Anno 1350. Who dancing with the Queen and other Ladies of the Court took up a Garter that hapned to fall from one of them Whereat some of the Lords smiling the King said that e're it were long he would make that Garter to be of high Reputation and shortly after instituted this Order A very unlikely Thing that so noble an Order should be raised on so mean a Foundation Whereas according to Cambden and several others the Institution of this Order by the foresaid King Edward was upon his good success in a Skirmish wherein the King's Garter was used for a Token The Order first Instituted by the Name of the Order of S. George the Patron of England and of this Order in particular And because the Garter was the only part of the whole Habit of the Order made choice of at first to be constantly worn it came in process of Time to be called the Order of the Garter The same consists of a Sovereign which is always the King of England and 25 Companions called Knights of the Garter some of them Princes of other Countries and the rest Noblemen of this Kingdom And 't is observed that there have been of this Order since the Institution no less than 8 Emperours and 27 or 28 forein Kings besides many Sovereign Princes of a lower Rank The Garter to be daily worn upon the left Leg by the Companions of this Order is a blue Garter deckt with Gold Pearl and precious Stones and a Buckle of gold They are not to be seen abroad without it upon pain of paying two Crowns to any Officer of the Order who shall first claim it Only upon a Journey a blue Ribbon may serve instead of it The Meaning of the Garter is to put the Companions of the Order in mind that as by this Order they were joyned in a firm League of Amity and Concord so by their Garter as by a fast Tie of Affection they are obliged to love one another Now to prevent an ill Construction of it King Edward commanded these French Words to be fixt upon it Honi soit qui mal y pense that is Shame be to him that thinks evil of it And it was done in France because England being then possessed of a great Part of France the French Tongue was the usual Language in the King of England's Court. Besides the Garter the honourable Companions are to wear at Installations and high Feasts a Surcoat a Mantle a high black Velvet Cap a Collar of pure gold with other stately and magnificent Apparel The Collar composed of Roses enamelled Red within a Garter enamelled Blue with the usual Motto in Letters of gold and between each of these Garters a Knot with Tassels of gold By an Order made April 1626 they are to wear on the left side of their Upper Garment whether Cloak or Coat an Escutcheon of the Arms of S. George that is the Cross of England incirled with the Garter and Motto from whence round about are cast Beams of Silver like the Rays of the Sun in full lustre which is commonly called the Star To this Order belongs a Colledge seated in the Castle of Windsor with S. George's Chappel there erected by King Edward and the Chapter-house The Colledge being a Corporation has a great Seal and several Officers belonging to it The principal of these is the Prelate of the Garter which Office is settled on the Bishoprick of Winchester Next the Chanceliour of the Garter the Bishop of Salisbury for the time being A Register the Dean of Windsor Garter the principal King at Arms who manages and marshals their Solemnities at their Installations and Feasts And lastly the Usher of the Garter who is also the Usher of the Black-Rod To the Chappel there belongs 14 Secular Canons and 13 Vicars all Priests Besides 26 poor Knights maintained by this Colledge for their Prayers to the Honour of God and S. George The Solemnity of this Order is performed yearly on S. George's Day the 23th of April As for the Orders and Constitutions belonging to this Society touching the Solemnities in making these Knights their Duties after Creation and their high Priviledges they are too long to be inserted here CHAP. XX. Of the Gentry of England NExt to the Nobility which is lookt upon as the Flower of the Kingdom let us take a View of the English Gentry called by some the lesser or lower Nobility and Keeping a middle Rank betwixt the Nobles and the Common People Of these there are three Degrees Knights Esquires and Gentlemen We have now but three sorts of Knights in England besides the Knights of the Garter Viz. Baronets Knights of the Bath and Knights Batchelours The Degree of Baronets is the next to Barons and the only Degree of Knighthood that is Hereditary An Honour first Instituted by King James I Anno 1611 conferred by a Patent upon a Man and his Heirs Males of his Body lawfully begotten The Purchase of it does commonly arise Fees and all to 1200 l. the Purchaser being to pay besides the Fees as much Mony as will pay for 3 Years 30 Foot-Souldiers at 8 pence a Day to serve in the Province of Ulster in Ireland Therefore they have the Priviledge to bear in a Canton of their Coat of Arms or in a whole Scutcheon the Arms of â—lster viz. in a Field Argent a Hand Gules In the King's Armies they have place in the gross near the King's Standard And for their Funerals they have also particular Priviledges The whole Number of them by the first Institution is not to exceed 200 at one and the same time After which Number compleated as any one for want of Heirs come to be extinct the Number is
of the House or to speak irreverently of the Court of Parliament in Time of Parliament several have been sent for by the Sergeant to answer it to the House and Committed Dec. 1641. it was Resolved that the setting of any Gards about this House without the Consent of the House is a Breach of the Priviledge of this House and that therefore such Gards ought to be dismissed Which Resolve was followed by three others Nemine Contradicente The first that the Priviledges of Parliament were broken by his Majesties taking notice of the Bill for suppressing of Souldiers being in agitation in both Houses and not agreed on The second that his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to Him by the Consent of both Houses was a Breach of the Priviledge of Parliament The third that His Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Priviledge of Parliament And whereas in January following the King did come to the House of Commons in a warlike manner with armed Men some posted at the very Door of the House and others in other Places and Passages near it to the Disturbance of the Members then fitting and treating in a peaceable and orderly manner of the great Affairs of the Kingdoms of England and Ireland and His Majesty having placed himself in the Speakers Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House that the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit there any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Gard wherein they might conside Lastly both Houses of Parliament are the proper Judges of their respective Priviledges and the inferiour Courts have nothing to do with it CHAP. II. Of the King's Privy Council NEXT to the Court of Parliament which is the great Wheel that gives motion to the rest is the Kings Privy Council A Court of great Honour and Antiquity Incorporated as it were to the King Himself and bearing part of his Cares in the great Bufiness of the Government Insomuch that upon their Wisdom Care and Watchfulness depends the Honour and Welfare of His Majesties Dominions in all Parts of the World For according to their Oath they are chiefly to Advise the King upon all Emergencies to the best of their Judgment with all the Fidelity and Secrecy that becomes their Station And as the King has the sole Nomination of them so 't is his main Interest to make choice of such eminent Persons as are best able with their Wisdom Experience and Integrity to â—nswer those great Ends they are appointed for They ought to be Persons of several Capacities that nothing be wanting for good Counsel and Advice in a Court from whence in a great measure depends the Safety Honour and Welfare of the King and Kingdom Generally they are pickt out amongst the Nobility and for Things that relate to Church Affairs the Arch-bishop of Canterbury and the Bishop of London use to be Members thereof In the late Kings Reign not only Popish Lords were admitted contrary to Law but in defiance as it were of the Nation a Traytor by the Law and the worst of Counsellours a mercurial hot-headed Jesuit whose pernicious Counsels and Influences proved accordingly fatal to King James and all the Popish Party As for the Number of Privy Counsellours 't is at His Majesties pleasure Anciently they used to be but twelve or thereabouts but since their Number has increased sometimes to forty The Privy Council is kept in the Kings Court or Pallace and the King himself do's commonly sit with them The usual Days for their sitting is Wednesdays and Fridays in the Morning out of Parliament or Term-time and in the Afternoon in Parliament or Term-time But upon extraordinary Occasions the King calls them together at any time Accordingly they wait on His Majesty in the Council-Chamber and fit at the Council Board in their Order bare-headed when the King presides To whom His Majesty declares what He thinks fit and desires their Advice in it At all Debates the lowest Counsellour delivers his Opinion first that so he may be the more free and the King last of all by declaring his Judgment determines the Matter 'T is with the Advice of the Privy Council that the King puts out Proclamations Orders and Declarations which being grounded upon Statute or Common Law are binding to the subject And upon any sudden Emergency â—herein the publick Safety may be Indangered â—or want of speedy Redress the King and Council may take a latitude of Power sutable 〈◊〉 the Occasion Formerly the Council heard and determiâ—ed Causes between Party and Party But of â—te lest private Causes should hinder the Publick they seldom meddle with them but leave â—em to the Kings Courts of Justice There are two distinct and important Offices â—longing to this Court. The first is the Lord Presidents who is one of the Nine Great officers of the Crown He is called Lord Preâ—â—dent of the Privy Council because by his office he is in a manner the Director of it â—Tis he that reports to the King when His â—ajesty has been absent from the Council the â—ate of the Businesses transacted there The other Great Office is that of Secretary â—mmonly called a Secretary of State which â—rmerly was single till about the end of Henry III. his Reign Who considering the Imâ—rtance of this great and weighty Office â—ought fit to have it discharged by two Perâ—â—ns of equal Authority and therefore both â—ed Principal Secretaries of State In those Days and some while after says 〈◊〉 Chamberlain they sat not at Council-board 〈◊〉 having prepared their Business in a Room joyning to the Council-Chamber they came 〈◊〉 and stood on either hand of the King â—d nothing was debated at the Table until 〈◊〉 Secretaries had gone through with their Proposals Which Method afterwards was altered in Q. Elizabeths Reign who seldom coming to Council ordered the two Secretaries to take their places as Privy Counsellours which has continued ever since And a Council is seldom or never held without the presence of one of them at the least Besides the publick Concerns of the Nation most of which pass through their hands they are also concerned with Grants Pardons Dispensations c. relating to private Persons For in their hands are lodged most of the Subjects Requests to be represented to the King whereupon they make Dispatches according to His Majesties Directions In short so great is their Trust and their Imployment of that great latitude that it requires their
Writs These are in the Gift of the Lord Chief Justice and hold for Life As also The four Exigenters whose Office is to make all Exigents and Proclamations in all Actions where Process of Outlawry does ly Now an Exigent is a Writ so called because it requires the Parties Appearance to answer the Law and lies against a Transgressor of the Law that can't be found nor any of his Goods within the County Whereupon he is Summoned by the Sheriff at five several County Courts and if he appear not he is Outlawed that is excluded from the Protection of the Law Which looks upon him as unworthy of it that acts in contempt of the Law Lastly there are four Criers and a Porter belonging to this Court CHAP. VI. Of the Courts of Exchequer and Dutchy of Lancaster THese two I joyn together because they both concern the King's Revenue and take Cognizance of all Causes arising from it The Judges of this Court are called Barons of the Exchequer ever since Barons of the Realm used to sit here as Judges though in latter times Men learned in the Law have usually filled up this Station They are commonly four that sit in this Tribunal as in the two former Courts the principal whereof is stiled Lord Chief Baron But 't is to be observed that the Lord Treasurer and the Chancellour of the Exchequer may sit here as Principal though they seldom do it The Lord Chief Baron is created by Letters Patents to hold this Dignity Quamdiu se bene gesserit which the Law intends for Life so that he is better fixed than either of the Chief Justices His Place is of great Honour and Profit In Matter of Law Information and Plea he answers the Bar and gives Order for Judgement thereupon He alone in the Term-time doth sit upon Nisi prius that come out of the King's Remembrancer's Office or out of the Office of the Clerk of the Pleas which can not be dispatched in the Mornings for want of time He takes Recognizances for the King's Debts for Appearances and Observing of Orders He takes the Presentation of all Officers in Court under himself and of the Mayor of London and sees the King's Remembrancer to give them their Oaths He also takes the Declaration of certain Receivers Accounts of the Lands of the late Augmentation made before him by the Auditors of the Shires and gives two Parcel-makers Places by vertue of his Office In his absence his Place is supplied by the other three Barons his Assistants according to their Seniority These Judges and those of the two former Courts of King's Bench and Common Pleas make up the Number of Twelve who all sit in on their Tribunals in Robes and square Caps Next to the four Barons of this Court is first the Cursitor who administers the Oath to the Sheriffs Under-Sheriffs Bayliffs Searchers Surveyors c. of the Custom-House Then the King's Remembrancer in whose Office are entred the States of all Accompts whatsoever concerning the King's Revenue except Sheriffs and Bayliffs Accounts Here also are taken all Securities either by Bonds or Recognizances to the King for the faithful Performance of those Persons imployed in the Collecting of his Majesties Revenue and for the Payment of his Debts And all Proceedings upon the said Bonds or Recognizances or any other Bonds taken in the Kings Name by Officers thereunto appointed under the Great Seal of England besides all Proceedings upon any Statute by Information for Custom Excises or any other Penal Law concerning the Kings Revenue are transmitted hither for the Recovery thereof and properly belong to this Office From whence accordingly issue forth Process to cause all Accountants to come in and account And as the Exchequer do's consist of two Courts the one of Law and the other of Equity all Proceedings touching the same are in this Office with many other Things relating to the Kings Revenue To this Office being in the Kings Gift belong eight sworn Clerks whereof the two first are called Secondaries The Lord Treasurer's Remembrancer who makes Process against all Sheriffs Receivers Bayliffs c. for their Accompts and into whose Office all Charters and Letters Patents upon which any Rents are reserved to the King are transcribed and sent by the Clerk of the Pettibag Out of this Office Process is made to levy the Kings Fee-Farm Rents c. This Office is likewise in the Kings Gift and there are several Clerks belonging to it the two first being distinguished from the rest by the Name of Secondaries The Remembrancer of the First-fruits and Tenths who takes all Compositions for the same and makes Process against such as do not pay them He has two Clerks under him The Clerk of the Pipe who receives into his Office all Accompts which pass the Remembrancer's Office He makes Leases of the Kings Lands and extended Lands when he is ordered so to do by the Lord Treasurer and Chancellor of the Exchequer or the Lords Commissioners of the Treasury He has under him 8 sworn Clerks by whom all Accounts of Sheriffs and Bayliffs are made up and when the Accounts are even he gives the Accomptants their Quieâ—us est All Tallies which vouch the Payments contained in such Accounts are examined and allowed by the chief Clerk in the Pipe called the Secondary The Comptroller of the Pipe who writes out the Summons twice every Year to the high Sheriffs to levy the Debts charged in the great Roll of the Pipe He also writes in his Roll all that is in the great Roll and nothing entered in this can be discharged without his privity The Forein Opposer whose Office is to oppose all Sheriffs upon the Schedules of the Green Wax This Office is kept in Grays-Inn The Clerk of the Pleas in whose Office all the Exchequer Officers and other Debtors to the King are to plead and be impleaded as at the Common Law The Reason why it is done here is because their Attendance is required in this Court. And therefore here are four sworn Attorneys The Clerk of the Estreats who receives every Term the Estreats or Extracts out of the Lord Treasurer's Remembrancer's Office and â—rites them out to be levied for the King He â—lso makes Scheduâ—es of such Sums as are to be â—ischarged A Clerk of the Parcels and another of the â—ichils Two Auditors of the Imprest who Audit the great Accompts of the Kings Custoâ—s Wardrobe â—int First-fruits and Tenths Naval and Miâ—tary Expences Moneys Imprested c. Seven Auditors of the Revenue who Audit all Accompts of the Kings Lands Revenue and all Taxes granted by the Parliament There are also several Receivers of the Kings Revenues arising from Lands and Rents whose Accompts are yearly made up by the Auditors To which add a Receiver of the First-Fruits Revenue As for the Tenths the Bishops are Collectors of them and account yearly for the same But there are two other considerable Officers not to be omitted viz. the Deputy Chamberlains In whose
the Letter T. for a Thief or M. for Manslayer Then he is delivered to the Bishops Officer to be kept in the Bishops Prison from whence after a certain time he is delivered by a Jury of Clerks But if he be taken and found Guilty again and his Mark discovered then 't is his Lot to be hanged But he whom the Jury pronounces Not Guilty is Acquitted forthwith and Discharged paying the Jaylor his Fees And as to those Prisoners who stand not Indited but were only sent to Prison upon Suspicion the Way is to Proclaim 'em first in this manner A. B. Prisoner stands here at the Bar If any Man can say any thing against him let him now speak for the Prisoner stands at his Deliverance If upon this no Evidence appears against him he is set free paying the Jaylor his Fees Which Way of Deliverance is called Deliverance by Proclamation CHAP. X. Of the Court Martial and Court of Admiralty THE Court Martial otherwise called Court of Chivalry is the Fountain of Martial Law and is only held in Time of War for Martial Discipline The proper Judges of this Court are the Lord High Constable and the Earl Marshal of England which last is also to see Execution â—tone The Court of Admiralty is about Maritime Concerns and the Judge thereof is commonly 〈◊〉 Dr. of the Civil Law For the Sea being out of the reach of the Common Law the Proceeding of this Court in all Civil Matters is according to the Civil Law And whereas the Sea by its Flux and Reâ—ux advances and runs-back twice a Day which makes the Bounds of the Sea and Land â—ovable every Day It is agreed upon that 〈◊〉 far as the Low-Water Mark is observed is within the Counties Jurisdiction and Causes â—ence arising are Determinable by the Common Law But upon a full Tide the Admiral has â—urisdiction as long as the Sea-flows over â—ll Matters done between the Low-Water Mark and the Land So that here is as Dr. Chamberlain says Divisum Imperium between the Common Law and the Court of Admiralty Besides the Civil Law which this Court proceeds by great Use is made here of the Maritime Laws of Rhodes and Oleron two Islands the former whereof is in the Mediterranean not far from the Continent of Asia the other in the Ocean near the Mouth of the Garonne in the Bay of Aquitain The Rhodian Laws were compiled by the Inhabitants of Rhodes a People anciently very powerful at Sea and whose Maritime Laws were esteemed so just and equitable that the very Romans so skilful in making of good Laws referred all Debates and Controversies in Sea-Affairs to the Judgment of the Rhodian Laws Those of Oleron called le Rolle d' Oleron were made by Order of King Richard I theâ— possessed of Aquitain and being at Oleron Which proved such excellent Laws for Sea-Matters that they came to be almost aâ— much respected and made use of in these Western Parts as the Rhodian Laws in the Levant To which King Edward III added very excellent Constitutions concerning Maritime Affairs still in force In Imitation whereof several other Sea-faring Nations have done the like for their respective Sea-Trade As to Criminal Matters especially about Piracy the Proceeding in this Court of Admiralty was according to the Civil Law till the Reign of Henry VIII When two Statute were made for Criminal Matters to be trieâ— by Witnesses and a Jury by the Kings special Commission to the Lord Admiral where 〈◊〉 some Judges of the Realm are ever Commissioners The Writs and Decrees of this Court run in â—he Name of the Lord High Admiral or Lords commissioners executing that Office and are â—irected to all Vice-Admirals Justices of â—ace Mayors Sheriffs Bayliffs Constablesâ—â—arshals and other Officers and Ministers as â—ell within Liberties as without To this Court belongs a Register and a Marâ—al The Marshal attends the Court and carâ—es a Silver Oar before the Judge whereon â—e the Kings Arms and the Lord High Adâ—irals Here the Lord Admiral has his Advocate â—d Proctor by whom all other Advocates and â—â—octors are presented and admitted by the â—â—dge All the Places and Offices belonging 〈◊〉 this Court are in the Gift of the Lord â—â—igh Admiral and now of the Lords Comâ—issioners The Court is held in the Afternoon in the common Hall at Drs. Commons But the Adâ—iralty-Session for the Trial of Malefators and Crimes committed at Sea is still â—eld at the ancient Place viz. S. Margaret's â—ll in Southwark CAHP. XI Of the Court of Marshalsea the Courts of Conscience the Court of Requests disused the Forest-Courts and Pie-powder Courts THE first is the Court or Seat of the Knight Marshal of the Kings House where he judges of Debts for which the Party has been Arrested within the Kings Verge and sent to the Marshalsea Which iâ— a Prison in Southwark where this Court iâ— kept King Charles I. erected a Court by Letters Parents under the Great Seal by the Name oâ— Curia Hospitij Domini Regis c. which takes Cognizance more at large of all Causes thaâ— the Marshalsea could of which the Knight Marshal or his Deputy are Judges The Courts of Conscience are inferiour Courtâ— established and settled by Parliament in many Parts of the Realm for the Relief of poâ—â— People whose Debt do's not amount to forty Shillings So that by any of these Courts the Creditor may recover his Debt and the Debtor pay it at an easy rate As for the Court of Requests 't was a Court of Equity much of the same nature with the Chancery but inferiour to it Called Court â—f Requests as being principally Instituted for the help of such Petitioners as in conscionable cases dealt by Supplication with the King This Court followed the King and was not â—xt in any Place But in process of time it â—sumed so great a Power and grew so burdenâ—â— and grievous to the Subject that it was â—ken away together with the Star-Chamber 〈◊〉 Statute made in the Reign of Charles I. For the Conservation of the Kings Forests â—â—d to prevent all Abuses therein there are â—ree Courts established one called the Juâ—ice of Eyres Seat another the Swainmote and â—â—e third the Court of Attachment The first is or should be by ancient Cuâ—â—m held every third Year by the Justices Eyre of the Forest journeying up and down 〈◊〉 the purpose aforesaid Swainmote is another Court as incident to a forest as a Pie-powder Court to a Fair. By â—e Charter of the Forest it is held thrice a â—ear before the Verderors as Judges What â—hings are Inquirable in the same you may 〈◊〉 in Cromp. Jurisd fol. 150. The lower Court is called the Attachment because the Verderors of the Forest have thereâ— no other Authority but to receive the Attchments of Offenders against Vert and Veniâ—n taken by the rest of the Officers and to Inrol â—â—em that they may be presented and punishâ—â— at the next Justice-Seat Now the Attachments are made three
and then Execution follows And for Criminal Causes they are here tried by Accusation as when one takes upon him to prove the Crime Or by Denunciation when the Church-Wardens present and are not bound to prove because it is presumed they do it without malice and that the Crime is notorious CHAP. XIV Of the Courts of London and first of the Mayor's Court the Court of Aldermen the Common Council Court the Hustings the Court of Goal-Delivery the Two Sheriffs and the Chamberlain's Courts THE City of London is amongst other Things so remarkable for her transcendent Priviledges in Keeping her own Courts of Justice that it will not be improper to describe 'em here I begin with the Lord Mayor's Court which is a Court of Record held in the Chamber of Guildhall The Recorder of the City is Judge of this Court but the Lord Mayor and Aldermen may sit as Judges with him if they please In this Court all manner of Actions may be entred and tried by a Jury as in other Courts for any Debt Trespass or other Matter whatsoever arising within the Liberties of London and to any value There are only four Attorneys belonging to it and six Serjeants at Mace one of them constantly attending at the Lord Mayor's House and the rest at the Attorneys Offices The Charge of entring an Action in this Court is but 4 d. besides the King's Duty It may be brought to a Trial for 30 s. Charge and in 14 Days time the Day for Trials being every Tuesday An Action entred in this Court will remain in force for ever although no Proceedings be had thereupon Whereas an Action entred at either of the Compters dies and may be crossed after 16 Weeks The Advantages of making Attachments in this Court are considerable as you may see in the Book called Lex Londinensis or the City Law The Court of Aldermen is a Court of Record held in the Inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the Time of Sessions of Goal-Delivery This Court does constantly appoint the Assize of Bread determines all Matters touching Lights Water-courses and Party-Walls and here must be sealed all Bonds and Leases that pass under the City-Seal Several Places are in the Gift of the Lord Mayor and this Court Viz. The Recorder Sword-bearer Four City Counsel a City Remembrancer the Common Hunt Water-Bayliff Cities Sollicitor Comptroller of the Chamber two Secondaries Four Attorneys of the Lord Mayor's Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Channel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Channel Under Water-Bayliff Meal-Weighers Clerk of the Cities Works Six Young-men Two Clerks of the Papers Eight Attorneys in the Sheriffs Court Eight Clerk-sitters Two Protonotaries Clerk of the Bridge-house Clerk of the Court of Requests Beadle of the Court of Requests Thirty Six Sergeants at Mace Thirty Six Yeomen the Gager Sealers and Searchers of Leather Keeper of the Green-Yard Two Keepers of the Compters Keeper of Newgate Keeper of Ludgate Measurer Steward of Southwark Bayliff of Southwark and Bayliff of the Hundred of Ossulston There are other Places in the gift of the Mayor Aldermen and Sheriffs as the City-Carpenter and other Artificers But the Rent-Gatherer has been put in by Mr. Chamberlain If any Officer says Lex Londinensis shall misbehave himself in his Office upon Complaint made thereof to this Court and Proof of the Fact such Offender may be and is usually suspended from the Profits of his Place during the pleasure of this Court The Rulers of the Company of Watermen are annually elected and appointed by this Court The Court of Common Council consists of two Orders as the Parliament of England viz. the Lord Mayor and Aldermen which represent the House of Lords and the Common Council Men which represent the House of Commons whose Number amounts to 231 belonging to their respective Wards whereof some have more some less This Court is held in the Chamber of Guildhall at such Times as the Lord Mayor appoints and directs being in his Lordships power to call and dismiss this Court at his pleasure Several Committees are annually appointed and elected by this Court for the better and more speedy Dispatch of the City-Affairs who make Report to this Court of their Proceedings as Occasion requires Viz. a Committee of 6 Aldermen and 12 Commoners for letting and demising the Cities Lands and Tenements who usually meet every Wednesday in the Afternoon at Guildhall for that purpose A Committee of 4 Aldermen and 8 Commoners to let and dispose of the Lands and Tenements given by Sir Tho. Gresham who usually meet at Mercer's Hall at such Times as the Lord Mayor for the time being directs and appoints and the Lord Mayor himself is commonly chosen one of this Committee This Court does also annually elect Commissioners for the Sewers and Pavements And by this Court are annually elected a Governour Deputy-Governour and Assistants for the Management of the Cities Lands in Ulster in Ireland A Stranger born may be made free of this City by Order of this Court and not otherwise The Places of Common Serjeant Town-Clerk and Common Crier are in the Gift of this Court. The Judges of the Sheriffs Court have sometimes been elected by this Court and sometimes by the Court of Aldermen The Hustings is a very ancient Court of Record always held in Guildhall and commonly every Tuesday before the Lord Mayor and Sheriffs of London for the time being When any Matter is to be argued or tried in this Court Mr. Recorder sits as Judge with the Lord Mayor and Sheriffs and gives Rules and Judgement therein And though the Original Writ be directed to the Mayor and Sheriffs joyntly yet these by Commandment of the Lord Mayor are Ministers to execute all Process out of this Court In this Court Deeds may be Inrolled Recoveries passed Wills proved and Replevins Writs of Error Right Patent Waste Partition and Dower may be determined for any Matters within the City of London and the Liberties thereof The Attorneys of the Lord Mayor's Court are Attorneys also in this Court and the second Attorney is always Clerk of the Inrollments and Inrolls all Deeds brought for that purpose Now a Deed Inrolled in the Hustings is counted as good as a Fine at Common Law for that it bars the Wife from claiming her Dower In this Court also the Burgesses to serve for the City in Parliament are elected by the Livery-men of the respective Companies which is done after this manner in the presence of the Court. First the Lord Mayor and Aldermen are put up according to ancient Custom for Candidates and after them are usually nominated four Commoners And out of them all the four that have the plurality of Voices are declared by the Sheriffs to be duly chosen But if there be any Contest about the Election it is usually decided by a Poll. The
Lieutenant General Sir Henry Goodrick Kt. and Bar. Surveyor John Charleton Esq Clerk of the Ordnance Sir Thomas Littleton Kt. Keeper of the Stores Thomas Gardiner Esq Clerk of the Deliveries Philip Musgrave Esq Assistant Surveyor William Boulter Esq Treasurer or Pay-master Charles Bertie Esq Master Gunner Capt. Richard Leak Principal Engineer Sir Martin Beckman Kt. Keeper of the small Guns Mr. Charles Beaumont The Lords Commissioners of the Admiralty and of the Admirals The Lords Commissioners of the Admiralty The Earl of Pembroke and Montgomery The Earl of Carbery Sir Michael Wharton Bat. Sir Thomas Lee Bat. Sir John Chichley Bat. Sir John Lowther Bat. William Sacheveril Esq Admirals Sir Richard Haddock Kt. Henry Killigrew Esq Sir John Ashby Kt. A List of the Commissioners and other Principal Officers belonging to the Navy The Commissioners Sir Richard Haddock Kt. Charles Sergison Esq Sir John Tippet Kt. Sir Richard Beach Kt. The Treasurer Edward Russel Esq Comptroller Sir Richard Haddock Kt. Surveyor Sir John Tippet Kt. Clerk of the Acts Charles Sergison Esq Victuallers of the Navy Thomas Papilion Simon Macne John Agur Humphrey Ayles and James How Esquires Commissioners for Sick and Wounded Seamen and exchange of Prisoners of War Thomas Addison Esq Edward Leigh Esq Anthony Shepherd Esq John Starkey Esq Of the Martial Court THis Court you have too short an Account of in my Third Part Page 91. I therefore beg leave here to inlarge upon it 'T is called the Martial or Military Court or High Court of Chivalry otherwise the Court of Honour and in Latine Curia Militaris The Place anciently appointed for holding thereof was the King's Hall wherein the Constable and Earl Marshal of England sat as Judges Where any Plaintiff in case of Dignities or Matters of Arms or of any other Sute or Controversy concerning Nobility Gentility or Arms might sue the Defendant But now that great Office of Constable of England is hid aside the whole Power is vested in the Earl Marshal And the Present Possessor of that honourable Office is his Grace Henry Duke of Norfolk Earl Marshal of England Who has appointed the Hall in the Colledge of Arms to be the Place for Keeping the said Court. And upon Application made to him by any of the Nobility or Gentry of this Kingdom being abused in Matters of Honour and Arms may there have relief from his Grace Officers belonging to this Court Their Majesties Advocate William Odys Dr. of Laws Register of the Court Robert Plott Dr. of Laws Secretary and Seal-Keeper Francis Negus Esq Deputy-Register Mr. John Cheek Proctors Samuel Francklyn Esq Batchelour of Laws Mr. Ralph Suckley Mr. Everard Exton Batchelour of Laws Mr. John Hill Mr. Francis Nixon Mr. Robert Chapman Mr. Samuel Wiseman Mr. Keate Waller Marshal of the Court. Mr. John Curry A List of the Lords Lieutenants Bedford Earl of Bedford Berks Duke of Norfolk Bucks Earl of Bridgewater Cambr. Earl of Bedford Cheshire Earl of Warrington Cornwal Earl of Bath Cumberland Earl of Carlisle Derbysh Earl of Devon Devonsh Earl of Bath Dorcetsh Earl of Bristol Essex Earl of Oxford Gloc. and Heref. Earl of Maclesfield Hartfordsh Earl of Shrewsbury during the Minority of the Earl of Essex Huntingt Earl of Manchester Kent Earl of Winchelsey Lancashire Earl of Derby Leicestersh Earl of Rutland Lincolnsh Earl of Lindsey Middlesex Earl of Clare Monmouthsh Earl of Maclesfield Norfolk Duke of Norfolk Northampt. Earl of Monmouth Northumb. Earl of Scarborough Nottinghamsh Earl of Kingston Oxon Earl of Abington Salop Lord Visc Newport Somersetsh Lord Visc Fitz-Harding Southampton Duke of Bolton Staffordsh Lord Paget Suffolk Lord Cornwallis Surrey Duke of Norfolk Sussex Earl of Dorset and Middlesex Warwicksh Earl of Northampton Wiltshire Earl of Pembroke Worcestersh Earl of Shrowsbury York East-Riding Earl of Kingston York North Riding Earl of Falconberg York West-Riding Earl of Derby South and North Wales Earl of Maclesfield Governours of Garrisoned Places Barwick Christ Babington Esq Calshot Francis Pawlet Esq Carlisle Jeremiah Bubb Esq Chepstow Chester Sir John Morgan Cinque-Ports Col. John Beaumont Esq Dartmouth Nich. Roope Esq Graves-end William Selwyn Esq Guernsey Lord Hatton Holy Island Hull Marquess of Caermarthen Hurst-Castle Henry Holmes Jersey Lord Jermyn Isle of Wight Sir Robert Holmes Landguard-Fort Henry Killigrew Esq S. Maws Pendennis Earl of Bath Plimouth Earl of Bath Portland Portsmouth John Gibson Esq Scarborough Scilly Islands Sheerness Robert Crawford Esq Tinmouth Sir Edw. Villiers Tower of London Lord Lucas Upner Castle Robert Minors Esq Windfor Castle Duke of Norfolk Governours of Foreign Plantations Of Jamaica Earl of Inchqueen Virginia Lord Effingham New York Col. Sloughter Barbadoes James Kendal Col. Leeward Islands Col. Godrington As for New England the Governor is not yet setled Mary-Land Pensylvania and Carolina are governed by their respective Proprietors who have there their Deputies Their Majesties Embassadors Envoys and Residents Abroad At Vienna Lord Paget At Constantinople Sir William Hussey In Holland Lord Dursley Spain William Stanhop Esq Flanders John Eckart Esq Sweden William Duncomb Esq Denmark Robert Molesworth Esq Brandenburg James Johnston Esq Lunenburg and Brunswick Sir William Dutton Colt Swisserland Thomas Cox Esq Hamburg Sir Paul Rycaut Geneva Philibert Herbert Esq Agent in Germany Hugh Hughes Gent. Consuls in Foreign Parts At Venice Hugh Broughton Esq Cadiz S. Maries Sevil S. Lucar in Spain Wartin Nescomb Robert Godschall Walter Doleman Eâ—â— Alicant Genoua Leghorn Naples in Italy Thomas Kirk Esq Robert Serle Esq Sir George Davis Kt. Argiers in Barbary Thomas Baker Esq Foreign Ministers at present residing in their Majesties Court. Spain Don Pedro de Ronquillo Ambassador in Ordinary Portugal Don Simon de Soza de Magellanes Envoy Extraordinary Sweden Baron Leyonbergh Envoy Denmark Monsieur Alfeldt Envoy Holland The Heer Van Zitters Ambassador in Ordinary Brandenburg Monsieur Dankelman Envoy Lunenburg Baron de Schutz Envoy Extraordinary Savoy The President de la Tour Envoy Extraordinary Vienna Monsieur Hofman Resident A Scheme of the Sovereign and Knights Companions of the most Noble Order of the Garter â—â—e King of Denmark The Sovereign The King of Sweden Prince George of Denmark * Elector of Brandenb Earl of Oxford Earl of Strafford Duke of Beaufort Earl of Bedford Duke of Southampton Earl of Mulgrave Duke of Newcastle Marquis of Caerm  Duke of Richmond Duke of Hamilton Duke of Somerset Duke of Northumb. Duke of Norfolk Earl of Peterborough Earl of Rochester Earl of Feversham Earl of Sunderland Duke of Ormond * Earl of Devonshire  A List of the Knights made by His Present Majesty King William Knights Baronets Hender Moulesworth Esq created Baronet July 19th 1689. Sir John Ramsden of Yorkshire Esq created Baronet Dec. 30. 1689. Sir William Robinson of Newby in Yorkshire Esq created Baronet Febr. 13th 1689. Knights Batchelours Anthony Keck Esq Counsellor at Law Knighted at Whitehall March 5th 1688. William Rawlinson Esq One of the Lords Commissioners of the Chancery Knighted at Whitehall March 5th