Edward the black Prince sonne to Edward the third who was in his life time lodged there and 't was called the Prince of VVales his Court which was afterward for a long time a common Hostry having the sign of the Black Bell. Of the Eleventh Ward or Aldermanry of the City of London called Candle-wick Ward WE will now see what light Antiquity can give us of Candle-wick street or Candle-wright street Ward It beginneth at the East end of great East-cheap it passeth West through East-cheap to Candle-wright street and thorough the same down to the North end of Suffolk Lane on the South side and down that Lane by the West end of St. Lawrence Church-yard which is the farthest West part of that Ward the street of Great East-cheap is so called of the Market there kept in the East part of the City as VVest-cheap is a Market so called being in the West This East-Cheap is now a Flesh-market of Butchers there dwelling on both sides of the street it had sometime also Cooks mixed amongst the Bâ—tchers and such other as sold Victuals ready dressed of all sorts For of old time when friends did meet and were disposed to be merry they never went to dine and Sup in Taverns but to the Cooks where they called for meat what them liked 〈◊〉 they alwayes sound ready dressed and at a reasonable rate for Vintners 〈◊〉 â—old onâ—y Wine In the year 1410. the eleventh of Henry the fourth upon the Even of Saint Iohn Baptist the Kings Sonnes Thomas and Iohn being in East-Cheape at Supper or rather at break-fast for it was after the Watch was broken up betwixt two and three a Clock after mid-night a great debate happened between their men and other of the Court which lasted one houre till the Maior and Sheriffs with other Citizens appeaâ—â—d the same For the which afterwards the said Maior Aldermen and Sheriffs were called to answer before the King his Sons and divers Lords being highly moved against the City At which time William Gascoignâ— chief Justice required the Maior and Aldermen for the Citizens to put them in the Kings Grace whereunto they answered that they had not offended but according to the Law had done their best in stinting debate and maintaining of the peace upon which answer the King remitted all his Ire and dismissed them And to prove this East-Cheape to be a place replenished with Cooks it may appear by a Song called London lick-penny made by Lidgate a Monk of Bury in the Reign of Henry the fifth in the person of a Country-man comming to London and travelling thorough the same In West-Cheape saith the Song he was called on to buy fine Lawn Paris Thred Cotton Umble and other linnen Clothes and such like he speaketh of no silk In Corn-hill to buy old Apparel and Houshold-stuffe where he was forced to buy his own Hood which he had lost in Westminster-hall In Candlewright-street Drapers proâ—cred him Cheap Cloth In East-Cheape the Cooks cryed hot Ribs of Beef rosted Pies well baked and other Victuals There was clattering of Pewter-Pots Harp Pipe and Sawtry yea by cock nay by cock for greater Oaths were spared some sang of Ienkin and Julian c. All which Melody liked well the Passenger but he wanted money to abide by it and therefore gat him into Gravesend-Barge and home into Kent Candlewright so called in old Records of the Guild-hall of St. Mary Overies and other or Candlewick-street took that name as may be supposed either of Chaundlers or Makers of Candles both of Wax and Tallow for Candle-wright is a Maker of Candles and of Wick which is the Cotton or yarn thereof or otherwise which is the place where they used to work them as scalding wick by the Stocks-Market was called of the Poulterers dressing and scalding their Poultry there And in divers Countries Dairy-houses or Cottages wherein they make Butter and Cheese are usually called Wickes There dwelled also of old time divers Weavers of Woollen Clothes brought in by Edward the 3d for I read that in the four and twentieth of his Reign the Weavers brought out of Flanders were appointed their meetings to be in the Church-yard of St. Lawrence Poultney and the Weavers of Brabant in the Church-yard of St. Mary Sommerset There were then in this City Weavers of divers sorts to wit of Drapery or Tapery and Nappery these Weavers of Candlewicke street being in short time worn out their place is now possessed by rich Drapers Sellers of Woollen Cloth c. On the Northside of this Ward at the West end of East-Cheape have ye St. Clements Lane a part whereof on both sides is of Candlewicke street Ward to wit somewhat North beyond the Parish Church of St. Clement in East-cheape Though this Church be small yet there are some comely Monuments in it among others of William Chartney and William Overy who founded a Chantry there Next is St. Nicholas Lane for the most part on both sides of this Ward almost to St. Nicholas Church Then is Abchurch Lane which is on both sides almost wholly of this Ward the Parish Church there called of St. Mary Abchurch Apechurch or Upchurch as I have read it standeth somewhat near unto the South end thereof on a rising ground It is a fair Church Simon de Winchcombe sounded a Chauntery there the 19th of Richard the Littletonâ—ounded â—ounded another and Thomas Hondon another Here are likewise some remarkable Monuments particularly of Sir Iames and Sir Iohn Branch both Lord Mayors of London about the year 1570. On the South side of this Ward beginning again at the East is St. Michaels lane which lane is almost wholly of this Ward on both sides down towards Thames street to a Well or Pump there on the East side of this Lane is Crooked Lane aforesaid by St. Michaels Church towards New Fishstreet One of the most ancient Houses in this Lane is called the Leaden Porch and belonged sometime to Sir John Merston Knight the first of Edward the 4th It is now called the Swan in Crooked Lane possessed of strangers and retailing of Rhenish Wine The Parish Church of this St. Michaels was sometime but a small and homely thing standing upon part of that ground wherein now standeth the Parsonage House and the ground thereabout was a filthy plot by reason of the Butchers in East-Cheape who made the same their Lay-stall VV. de Burgo gave two Messuages to that Church in Candlewick street 1317. John Loveken Stock-fish monger fout times Maior builded in the same ground this fair Church of St. Michael and was there buried in the Quire under a fair Tombe with the Images of him and his Wise in Alabaster the said Church hath bin since increased with a new Quire and side Chappels by Sir W. Walworth Stock-fishmonger Maior sometime Servant to the said John Loveken Also the Tombe of Loveken was removed and a flat stone of gray marble garnished with Plates of Copper laid on him as it
the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aroâ—e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adultâ—mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idonâ—os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Peâ—y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chanceâ—y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents
Tribulations and perplexities wherein we have exceeding much bin encumbred by comforting us and by applying and in powring remedies upon us beyond all hope and expectation There was also adjoyning hereto a Palace the ancient Habitation of the Kings of England from the time of King Edward the Confessor which in the Raign of King Henry the eighth was burnt by casual fire to the ground A very large stately and sumptuous Palace this was and in that age for building incomparable with a Vawmure and Bulwarks for defence The remains whereof are the Chamber wherein the King the Nobles with the Councellors and Officers of State do assemble at the High Court of Parliament and the next unto it wherein anciently they were wont to begin the Parliaments known by the name of St. Edwards painted Chamber because the Tradition holdeth that the said King Edward therein dyed Adjoyning unto this is the White-Hall wherein at this day the Court of Requests is kept beneath this is that Hall which of all other is the greatest and the very Praetorium or Hall of Justice for all England In this are the Judicial Courts namely The Kings Bench The Common Pleas and the Chancery and in places near thereabout the Star-Chamber the Exchequer Court of Wards and Court of the Dutchy of Lancaster c. In which at certain set times we call them Termes yearly Causes are heard and tryed whereas before King Henry the third his dayes the Court of Common Law and principal Justice was unsetled and alwayes followed the Kings Court But he in the Magna Charta made a Law in these words Let not the Common Pleas follow our Court but be holden in some certain place which notwithstanding some expound thus That the Common Pleas from thenceforch be handled in a Court of her own by it self a part and not in the Kings Bench as before This Judgement-Hall which we now have King Richard the second built out of the ground as appeareth by his Arms engraven in the Stone-work and many Arched Beams when he had plucked down the former old Hall that King William Rufus in the same place had built before and made it his own Habitation For Kings in those dayes sate in Judgement place in their own persons And they are indeed the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Judges whose mouth as the Royal Writer saith shall not erre in judgement But the foresaid Palace after it was burnt down in the year of our Lord 1512. lay desolate and King Henry the eighth translated shortly after the Kings Seat from thence to an House not far off which belonged but a while before to Cardinal Woolsey and is called White Hall This House is a Princely thing enclosed on the one side with a Park that reacheth also to another House of the Kings named Saint James where anciently was a Spittle for Mayden Lepers demolished by King Henry the eighth as is spoken else-where Hard by near unto the Mues so called for that it served to keep Hawkes and now is become a most fair Stable for the Court Horses there remaineth a Monument in memorial of that most pious and kind Queen Eleanor erected by King Edward the first her most dearly beloved Husband and certainly the memory of her conjugal love shall remain worthy to be consecrated to eternity For she the Daughter of Ferdinand the third King of Castile being given in Mariage to Edward the first King of England accompanied him into the Holy Land where when as he was secretly fore-laid and by a certain Moor wounded with an envenomed Sword and by all the remedies that Physitians could devise was not so much eased as afflicted she took her to a strange cure I must needs say and never heard of before howbeit full of love care and affection For her Husbands wounds infected with the poyson and which by reason of the malignity thereof could not be closed and healed she day by day licked with her Tongue and sucked out the venomous humor which to her was a most sweet Liquor by the vigour and strength whereof or to say more truly by vertue of a Wives sâ—ingular fidelity she so drew unto her all the substance of the poyson that the wounds being closed and cicatrized he becam perfectly healed and she caught no harm at all what then can be heard more raâ—e what admirable then this Womans faithful more love That a Wives Tongue thus annoynted as I may so say with faith and love to her Husband should from her well beloved draw those poysons which by an approved Physitian could not be drawn and that which many and those right exquisite Medicines effected not the love only and piety of a Wiâ—e performed These are the words of the aâ—cient Record But we must not passe by the Mewse so sleightly that place was called so of the Kings Faulcons there kept which in former times was an Office of high esteem But Henry the eighth having his Stablings at Lomesberry now called Blomesberry which was then a Mâ—nnor in Holborn it fortuned that the same was consumed by â—ire with Hay and Horses whereupon the Mewse was enlarged and made fit for the Kings Stables which hath continued ever since receiving divers additions from time to time But now we are according to the method of our Discourse summoned to appear at Westminster-Hall But I had almost pretermitted one signal thing which belongs to the great Dome or Temple of Westminster Abbey which is the great priviledge of Sanctuary it had within the Precincts thereof viz. the Church the Church-yard and the Close whereof there are two the little and the great Sanctuary vulgarly now called Centry from whence it was not lawful for the Soveraign Prince himself much lesse any other Magistrate to fetch out any that had fled thither for any offence which Prerogative was granted near upon a thousand years since by King Sebert then seconded by King Edgar and afterwards confirmed by Edward the Confessor whose Charter I thought worthy the inserting here the Tenor whereof runs thus in the modern English Edward by the Grace of God King of Englishmen I make it to be known to all Generations in the VVorld after me that by special Commandment of our holy Father Pope Leo I have renewed and honoured the holy Church of the blessed Apostle St. Peter of Westminster and I order and establish for ever that what Person of what estate or condition soever he be and from whence soever he come or for what offence or cause it be either for his refuge into the said holy place he be assured of his life liberty and Limbs And over I forbid under pain of everlasting damnation that no Minister of mine or any of my Successors intermeddle themselves with any the Goods Lands or possessions of the said persons taking the said Sanctuary For I have taken their Goods and Livelihoods into my special protection And therefore I grant to every each of them in as much as my Terrestrial
businessse aforesaid so that the business may not by any means remain undone for want of such power or by reason of the unprovident Election of the foresaid Knights Burgesses and Citizens But we will not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay unto us in our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto us the other part of the Indenture aforesaid affil'd to these presents ogether with the Writ Witness our Self at Westminster This Commission or Writ is the foundation whereon the whole fabrick of the power and duty of both Houses of Parliament is grounded The first House is to parley or have conference and to treat and consult with the King the other House is to do and consent only unto what the other shall ordain This was the Law and usage in former times but what is the power of the Commons in these dayes now that the Government is altred and cast into another mould the House of Peers being dissolved it is not the intent of this Discourse to determine At the return of the Writs aforesaid the Parliament could not begin but by the Royal presence of the King either in Perâ—on or by Representation By Representation two wayes either by a Gardian of England by Letters Patenrs under the Great Seal when the King was in remotis out of the Realm or by Commission under the Great Seal to certain Lords of Parliament representing the Person of the King he being within the Realm but absent in respect of some infirmity On the first day of the Parliament the King himself or most commonly the Lord Chancellor or Keeper in the presence of the Lords and Commons did shew the causes of the calling of High Court of Parliament but the King might have appointed any other to be his Prolocutor in this case Then the Commons are to choose their Speaker but in regard that after their choyce the King might refuse him for avoiding of time and contestation the use was as in the Congè deslire of a Bishop that the King doth recommend a discreet and learned man whom the Commons elect but without their Election no Speaker can be appointed for them because he is their mouth and intrusted by them and so necessary that the House of Commons cannot sit without him therefore a grievous sickness is a good cause to remove him as in Henry the 4th Raign Iohn Chervy Speaker was for sickness discharged and Sir Iohn Dorewoold chosen in his place but sickness is no cause to remove any Knight Citizen or Burgesse The Speaker being voted in the House was presented to the King where being allowed he made a supplication consisting of three parts First That the Commons in Parliament might have free speech Secondly That in any thing he should deliver in the name of the Commons if he should commit any error no fault should be imputed to the Commons Thirdly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by the directions of the House have access to his Royal Person Any of the Peeâ—s by the Kings leave may absent himself and make a proxy to another Lord but a Knight Citizen or Burgess cannot make a Proxy because he is elected and intrusted by multitudes of people And it is to be observed though one be chosen for one particular County or City yet when he is returned and sits in Parliament he serveth for the whole Common-wealth There belongs to Parliament a Prorogation or adjournment which differ in this A Prorogation presupposeth a Session and then such Bills as passed in either House or by both Houses and had no Royal assent unto them must at the next Assembly begin again for every Session in Parliament is in Law a several Parliament but if it be but adjourned then there is no Session When a Parliament is called and doth sit and is dissolved without any Act passed or judgement given it is no Session of Parliament but a Convention Touching the Power and Jurisdiction of Parliament for making of Lawes in proceeding by Bill it is so transcendent and absolute as it cannot be confined within any bounds No Alien is capable to be chosen a Parliament-man nor can any of the Judges of the Kings Bench or Common Pleas or Barons of the Exchequer that have Judicial places or any Church-man that hath care of souls be chosen a member of the House of Parliament For others the King cannot grant a Charter of Exemption to any man to be freed from Election of Knight or Burgesse of the Parliament because the Elections of them ought to be free for the publique service OF THE COVRT OF THE KINGS-BENCH THE Royallest Court in the Land Now called The Upper Bench. THe Lawes of England presuppose the King to be the Fountain and Oracle of Justice and to have special inspirations from Heaven to that purpose therefore all the Tribunals of Judicature were used to be ambulatory with his Court and He was wont to sit in Person in the Upper Bench which is the Supreme Tribunal of the Land The Justices in this Court are the soveraign Justices of Oyer and Terminer Goal-delivery Conservation of the Peace c. in the Realm In this Court the Kings of this Realm have sat as being the highest Bench and the Judges of that Court on the lower Bench at his Feet but Judicature only belongeth to the Judges of that Court and in his presence they answer all Motions c. The Justices of this Court are the soveraign Coroners of the Land and therefore where the Sheriffs and Coroners may receive appeals by Bill à fortiori the Justices of this Court may do it so High is the authority of this Court that when it comes and sits in any County the Justices of Eire of Oier and Terminer Coal-delivery they which have conusance c. do cease without any writing to them But if any Indictment of Treason or Felony in a Forain County be removed before certain Commissioners of Oier and Terminer in the County where this Court sits yet they may proceed because this Court for that this Indictment was not removed before them cannot proceed for that offence But if any Indictment be taken in Midd in the vacation and after this Court sit in the next Term in the same County if this Court be adjourned then may special Commissioners of Oier and Terminer c. in the interim proceed upon that Indictment but the more usual way is by special Commission And this was resolved by all the Judges of England at Winchester Anno 1 ' Iacobi Regis in the Case of Sir Everard Digby and others and so had it been resolved Mich. 25 and 26 Eliz. in the Case of Arden and Somervile for
this kind of special Commission of Oier and Terminer and herewith agreeth Pl. Com. in the Earl of Leic ' Case Anno 1 Mar. Reginae And so supream is the Jurisdiction of this Court that if any Record be removed into this Court it cannot being as it were in his Center be remanded back unlesse it be by Act of Parliament And this appeareth by the Judgment of the Parliament in Anno 6. H. 8. but by the authority of that Act Indictments of Fellonies and Murders removed into the Kings Bench may by the Justices of that Court be remanded and this Court may send down aswell the Bodies of all Felons and Murderers as their Indictments into the Counties where the same Murders of Felonies were committed or done c. in such manner c. as if the Indictments had not been brought into the Kings Bench. Out of this Court are other Courts derived as from one Fountain several Springs and Rivers in repect of the multiplicity of Causes which have encreased Jurisdictio istius curiae est originalis seu ordinaria non delegata The Justices of this Court have no Commission Letters Patents or other means to hold Pleas c. but their power is original ordinary They were called ancienlty Iusticiae Justiciarii locum tenentes Domini Regis c. The chief Justice Justicia Angliae Justicia prima Iusticiarius Angliae Capitalis and Iusticiarius noster Capitalis adplacita coram nobis terminand ' To observe the Changes of these names and the reason and Changes thereof is worthy of observation Before the Reign of E. 1. the Chief Justice of this Court was created by Letters Patents and the form thereof taking one example for all was in these words Rex c. Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Vicecomitibus Forestariis c. omnibus aliis fidelibus regni Angliae salutem Cum pro conservatione nostra tranquillâ—tatis regni nostri ad justiciam universis singâ—lis de rengo nostro exhibendam constituerimus dilectum et fidelem nostrum Philippum Basset Iusticiarium Angliae quamdiu nobis placuerit capit alem vobis mandamus in fide qua nobis tenemini firmiter insungentes quatenus in omnibus quae ad officium Justitiarii praedicti nec non ad conservationem pacis nostrae et regni nosâ—ri eidem dum in officio praedicto steterit pleniùs sitis intendentes Teste Rege c. The King c. to all Archbishops Bishops Abbots Priors Earls Barons Vicounts Foresters c. and to all other faithful to the Kingdom of England greeting Whereas for our conservation and the tranquillity of our Kingdom c. for the exhibition of justice to all and every one of our Kingdom We haâ—e constituted our beloved and faithful Philip Basset chief Justice of England as long as we shall please We command you upon the faith you hold unto us and firmly enjoyn you to all things that belong unto the office of Chief Justice aforesaid for the conservation of our Peace and of our Kingdom and that you be very intentive as long as you stand in the said Office Witnesse the King c. This Philip Basset was the last of this kind of creation by any like Letters Patents and he died Chief Justice near to the end of the Reign of H. 3. King E. 1. being a wise and prudent Prince knowing that Cui plus licet quam par est plus vult quà m licet as most of these Summi Iusticiarii did made three alterations 1. By limitation of his authority 2. By changing Summus Iusticiarius to Capitalis Iustic 3. By a new kind of creation viz. By Writ lest if he had continued his former manner of creation he might have had a desire of his former Authority which three do expresly appear by the Writ yet in use c. Rex c. E. C. Militi salutem Sciatis quod constituimus vos Justiciarium nostrum capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste c. The King c. to E. C. greeting Know ye that we have constituted you our Capital or Chief Justice in Pleas held before us during our pleasure Witnesse c. A short Writ but of large extent in point of Authority The rest of the Judges of the Kings Bench have their Offices by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenerint salutem Sciatis quod constituimus dilectum et fidelem Johannem Doderidge Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Justices of the Kings Bench are styled 1. Capitales 2. Generales 3. Perpetui 4. Majores à latere Regis residentes But the Chief Justice is only by the King Capitalis Justiciarius noster They are called first Capitales in respect of their supream Jurisdiction 2. Generales in respect of their general jurisdiction throughout all England c. 3. Perpetui for that they ought not to be removed without just cause 4. Majores à latere Regis residentes for their honor and safety that they should be protected by the King in administration of justice for that they be à latere Regis that is by the Kings fide And vvhereas 5. E. 4. it was holden by all the Justices in the Exchequer Chamber that a man cannot be Justice by Writ but by Patent or Commission it is to be understood of all the Judges saving the Chief Justice of this Court But both the Chief Justice and the rest of the Judges may be discharged by Writ under the Great Seal None can be a Judge of this Court unlesse he be a Serjeant of the degree of the Coif and yet in the Writ or Patent to them made they are not named Sergeants There have been for a long time and still there are great Complaints for multiplicity of Suits in Law and it were a wholsome and happy thing could it be prevented but because a Disease cannot be cured without knowledge of the Cause it is to be observed that there be six Causes of the increase of them whereof two be general the other four particular The general be Peace and Plenty The particular 1. The dissolution of so many Monasteries Chanâ—eries c. and the dispersing of them into so many several hands 2. The swarm of Informers 3. The number of Concealors 4. The multitude of Atturneys For the first general In the Reign of E. 3. R. 2. H. 4. H. 5. and part of the Reign of H. 6. in respect of the wars in France c. in the residue of the Reign of H. 6. in the Reign of E. 4. in respect of the bloody intestine Wars in almost continual Alarms within the bowls of this Kingdom between the Houses of Lancaster York there could not be so many Suits in Law as since this Kingdom hath enjoyed Peace which is
LONDINOPOLIS AN Historicall Discourse OR PERLUSTRATION Of the City of LONDON THE Imperial Chamber and chief Emporium OF Great Britain WHEREUNTO Is added another of the City of WESTMINSTER WITH The Courts of Justice Antiquities and new Buildings thereunto belonging By Iam Howel Esq Senesco non Segnesco LONDON Printed by I. Streater for Henry Twiford George Sawbridge Thomas Dring and Iohn Place and are to be sold at their Shops 1657. DE PONTE LONDINENSI Ejusque Stupendo Situ Structurâ Ad instar Celebris illius Hexastichi poetae Sannazarii de urbe Veneta Viderat Hadriacis Cum Londinensem Neptunus viderat Urbem Vectus ibi propriis atque revectus aquis Dum densam penetrat Syluam Lucosque ferentes Pro ramis funes pro foliisque Cruces Cum superimpositum Torrenti flumine Pontem Viderat et rapido ponere jura freto Cum tantos muros ferrumina castra tot Arcus Vidit haec tergo cuncta jacere suo Arcus qui possent totidem formare Rialtos Metiri si quis summa vel ima cupit Haec Deus undarum aspiciens fluxusque retrorsum Tundere horrendos inde boare Sonos Nunc mihi quanta velis Terrae miracula pandas Est primus Mundi Pons ait Iste Stupor The same paraphrased in English Of London-Bridg and the Stupendous Site and Structure thereof When Neptune from his billows London spyde Brought proudly thither by a high Spring-Tyde As through a floating Wood He steer'd along And dancing Castles cluster'd in a throng When he beheld a mighty Bridg give law Unto his Surges and their fury awe When such a shelf of Cataracts did roar As if the Thames with Nile had changed her shoar When he such massy Walls such Towrs did eye Such Posts such Irons upon his back to lye When such vast Arches he observ'd that might Nineteen Rialtos make for depth and height When the Cerulean God these things survayd He shook his Trident and astonish'd said Let the whol Earth now all Her wonders count This Bridg of Wonders is the Paramount To the Renowned City of London To the Right Honourable Honourable and all others Who owe their first Birth or wellbeing to so Noble a Metropolis IT was a notable Character which Cornelius Tacitus that famous Register of Time who had lived here many years did give of London about fifteen hundred years agoe Londinum copiâ Negotiatorum Comeatu maximè celebre London a most renowned Mart for multitude of Marchants and Commerce If She deserved such a Character in those dayes what would She merit now who being compared to what she was then may be said in point of magnitude to be as a large Volume in Folio to a Book in Decimo Sexto And in point of Trade as in an East Indy Carack to a Quinbourough Oyster ketch I have read of some who have bin enamor'd of Cities as others use to be of Mistresses so Charles the Emperor was struck with the love of Florence when among other expressions he said That she was a fair Lady fit to be seen only on Holidayes So a French Baron was so taken with the City of Paris which is known to be none of the neatest that he said Could he live ever in Paris he would quit his right to Paradise And it is storied of Tamberlain that having got Constantinople the first Complement he put upon Her was that he had heard so much of Her rare beauty that He came from so far off to Court Her but answer was made that it was the Custom of Thrace to Court fair Ladies not with Trumpets and Drums but with Dulcimers and other melodious Instruments I may well affirm that London is not inferior to any of these as will appear in a Parallel hereunto annexed And having breath'd Air and slept in her bosom now near upon forty years except the times that I was abroad upon forren Employments it is no wonder if I be habitually in love with Her nor have I bin wanting to express it many times by dedicating unto Her the great French Dictionary refin'd and enrich'd with divers Additionals Then in giving Her some warnings by the sad destiny of Jerusalem in an Epitome that goes of Josephus I shewed my self also very sensible of Her case at that time when I addressd unto Her Englands Teares and Mercurius Acheronticus nor is it long since that I made publick love to Venice and Courted Naples also and I came off with no ill success I hope to do the like here I know others â—ave treated already of the same Subject and given a laudible account of the City of London but Gold may be often told over without fouling the fingers I have read near upon a dozen several Survayes of Rome and Venice with other Cities and I alwayes found new Observations But it is now above thirty foure years agoe which are near upon five Ages in the Law since any thing was written of London and Westminster her collateral Sister which tract of time affords variety of accidents which the Reader shall find in this new Account wherein as I have bin careful not to preâ—ermit any thing that 's Material so my special Caution hath bin not to thrust in any frivolous pedantick things or Superfluities whereunto my nature hath bin alwayes averse Moreover I promise the Reader that he shall meet with many other Observations here which were never yet drawn off the Presse or exposed to publick light until now I will conclude my Epistle with this Question If it was esteemed an honour among the Greeks to be born in Athens If among the Italians to be a Roman If among the Spaniards to be a Toledano why should it be lesse honour for an Englishman to be born in London My hearty prayers to Heaven are for the incolumity and welfare of this Great City for the aversion of all Iudgements and that she may still flourish with affluence of all Earthly felicity by which prayer I subscribe my self Much Honoured Sirs Your humble and ready Servant Iam Howel SOME ADVERTISEMENTS TO THE READER THey who make researches into Antiquity may be said to passe often through many dark Lobbies and dusky places before they come to Aula lucis the Great Hall of light They must repair to old Archives and peruse many mouldred and moth-eaten Records and so bring light as it were out of darkness to inform the present World what the former did and make us see truth through our Ancestors eyes Now though we commonly term Them that went before us our Ancestors yet if we have respect to the extent of Time and the Age of the World we who live now may be called the more Ancient For They lived some of them in the Non-age some in the Youth some in the Adolescence some in the virility of the World And We who now crawl up and down the earth may be said to live in the declining and doting old decrepit Age Therefore if relation be had
eighths time the Tower was eâ—er and anon full of prisoners among others Sir Thomas More Lord Chancellor of England was clap'd there close Prisoner and at last they took away from him all his Books so he did shut up all his windows and liv'd afterwards in obscurity and being asked Why he answered 'T is time to shut up shop when the Ware is all gone At his first entrance to the Tower the Gentleman Porter ask'd for his fee which is the upper Garment whereupon Sir Thomas pull'd off his Cap to give him but that not suffâ—â—ing he pull'd out a handful of Angels end gave him a good many a Knight that was in his Company telling him that he was glad to see him so full of Angels yes answered he I love to carry my friends alwayes about me The young Lady Iane was beheaded there not long after and upon the Scaffold she made a most ingenious Speech and full of pity That she came thither to serve for an example to posterity that innocence cannot be any protection against greatness And that she was come thither not for aspiring to a Crown but for not refusing one when it was offered Her Queen Elizabeth was brought up many years in that School of affliction but afterwards she may be said to have gone from the Scaffold to the Throne For the truth is that the Scaffold had made an end of her had not King Philip her Brother in Law strongly interceded for her In her dayes Robert Earl of Essex lost his head in the Tower which he might have kept on many years longer had he not bin betrayed by the Lady Walsingham to whom after the sentence of condemnation he sent a Ring which the Queen had given him as a token that she would stick to him in any danger the Lady delivered not this Ring and being a little after upon her Death-bed she desired to speak with the Queen and having disburthened a great weight which lay upon her Conscience for that act the Queen flung away in a fury and never enjoyed her self perfectly after that time but she would break out often into passion and wring her hands crying O Essex-Essex And this Earl was the last who was executed within the walls of the Tower In King Iames's time for 22 years there was no blood spilt in the Tower or upon Tower-hill only Sir Gervase Elwayes was hanged there when he was Lieutenant and one remarkable passage there was in his Speech upon the Ladder that being in the low Countries and much addicted to gaming he made a vow that if ever he played more above such a value he might be hanged but he did violate the Oath and so the just Judgement of Heaven did fall upon him accordingly as he said The Earl of Castlehaven was brought from the Tower to be executed for horrid kinds of incontinencies in Charles the first time Afterwards in the raign of the long Parliament and ever since the Tower of London hath had more number of Prisoners then it had in the compasse of a hundred years before This stately Tower of London serves not only for a Gaol to detain prisoners but for many other uses It is a strong Fort or Cittadel which secures both City and River It serves not only to defend but to command either upon occasion It serves as a royal Randezvouz for Assemblies and Treaties It is the Treasury for the Jewels and Ornaments of the Crown The great Archive which conserves all the old Records of the Courts of Justice at Westminster It is the place for the Royal Mint and Coynage of Gold and Silver It is the chief Magazin and Armory or Arâ—enal of the whole Land for Martial Engines and Provision There only is the Brake or Rack usually call'd the Duke of Exceters Daughter because he was tâ—e first Inventer of it And lastly It is a great Ornament by the situation of it both to the River and City The City of London hath divers other inferior Towers as that on the North of the great Bridge At the South end over the Gate there is also another Tower over London-Bridge which hath suffered many accidents of firing and otherwise and was still made up by the care and charge of the City specially one time when it was under bastard Fawconbridge burnt by the Marriners and Saylers of Kent The Antiquaries speak of two Castles that were in the West part of London one call'd the Castle of Monfiquet which was built by a Baron of that name who came over with the Conqueror which was afterwards demolished and the Black Fryers risen up out of the ruines of it The second Castle is Baynards Castle by Pauls Wharf built also by one Baynard who came over with the Conqueror who being ennobled the honour of Baynards Castle succeeded from Father to Son a long time till it came to Sir Robert Fitzwater a valiant Cavalier who being fallen into the displeasure of King Iohn in the Barons Warres was banished and Baynards Castle destroyed But afterwards being restâ—red to the Kings favour by an exployt he did in France he was re-invested in all his Livings and so repair'd Baynards Castle again Moreover he was made chief Banner-bearer of the City of London whereof he had a Charter which ran to this sense That he said Robert Fitzwater and his Heirs ought to be and are chief Bannerers of London in fee for the Chastilary which he and his Ancestors had from Baynards Castle and the said City In time of War the said Robert and his Heires ought to serve the City as followeth The said Robert he being the twentieth man of Armes himself ought to come on Horseback covered with Cloth or Armor under the great West door of St. Paul with his Banner displayed before him and when he is come mounted to that door and apparreld as before is said The Maior with the Aldermen and Sheriffs in their Arms shall come out of the Church of St. Paul unto the said West door the Maior bearing a Banner in his hand all on foot which Banner shall be Gules the Image of St. Paul Gold the face hands feet and Sword Argent And as soon as the said Robert shall see the Maior Aldermen and Sheriffs come on foot out of the Church armed with such a Banner he shall alight off his Horse and salute the Maior and say to him Sir Maior I am come to do my service which I owe to the City whereunto the Maior and Aldermen shall answer We give to you as to our Bannerer of fee in this City the Banner of this City to beare and govern to the honour and profit of this City to your power And the said Robert and his Heires shall receive the said Banner in his hands and shall go on foot out of the Gate with the Banner in his hands and the Maior Aldermen and Sheriffs shall follow to the door and shall bring a Horse to the said Bannerer worth twenty pounds which Horse
away at last their own Legions whereupon the Iland being thus grown weak much depopulated and to a long deâ—uetude of Arms the Saxons who are now the English yet keep still their first denomination of Saxons both in the British and Irish Tongues to this day came over with a considerable strength and having in a Parly on Salsbury Plains musiered most of the British Nobility by a stratagem and taken Vortiger the King Prisoner He for his ransom was forc'd to give not only London but most part of the Iland to the Saxons And the chief Magistrate of London they call'd Portreve which is a Gardian or Governour of a Port and that name is yet used in England in some places The Saxons then changed their names into Englishmen yet they continued Pagans a long time after but at last the Britains converted them to Christianity and then the City of London flourished exceedingly for many Ages till there came over a swarm of Danes who proved more fatal to London then any other Nation for by fire and sword they had almost utterly destroyed Her had not the Londoners at last rowz'd up their spirits who making vertue of necessity did fall upon King Swein the insulting Enemy with such a resolution that by a mighty slaughter and extraordinary prowesse they utterly repel'd him The City having recovered her former lustre though 't was a good while first she continued under the English Government and the Magistracy of a Portreve till the Norman rush'd in yet the Title was not alter'd a good while after when at last he came to be call'd Bayliffe and sometimes Provost Richard the first for supporting the Croy sada and his Warres in the Holy Land got great Contributions of monies from the Londoners in lieu whereof he gave them leave to choose two Bayliffs annually King Iohn after him chang'd their Bayliffs into a Maior and two Sheriffs To these Henry the third adds some Aldermen who though yeerly Elegible at first grew afterwards Perpetual Now this Word Alderman is consonant to Senator being both derived from old Age and Gravity The first Alderman we read of in England was in the time of King Edgar about 800 years agoe whose name was Ailwine and was descended of the blood Royal as appeares by his Epitaph in that goodly Monastery in the I le of Ely whereof he was founder himself which Epitaph runs thus Hic requiescit Dom. Ailwinus inclyti Regis Edgari Cognatus totius Angliae Aldermannus hujus Sacri coenobii miraculosus Fundator Here resteth the Lord Ailwine Cousin to Noble King Edgar Alderman of all England which some interpret chief Justice miraculous Founder of this holy Abbey Hence it may be infer'd that the appellation of Alderman is not only venerable but ancient honourable And from this Lord Ailwine it seemes the first Maior of London descended who was Henry Fitz-Alwin Anno 1191. who continued many years in the Office lies buried in St. Mary Bothaw near London-stone and the next Maior to him was Roger Fitz-Alwin after whom he Office grew annual The City being thus in tract of time come to a fixed and setled Government she began to flourish exceedingly And as she increased in Men Manufactures and Merchandizing so the Kings did enlarge their royal favours unto Her Anno 1226. Henry the third confirmed unto the Citizens of London free Warren or liberty to hunt about the City and in the Warren of Stanes Moreover that the Citizens of London should passe Toll-free throughout all England and that the Keddles and Weres in the Rivers of Thames and Medway should be plucked up and destroyed for ever because Navigation to London might be more free Roger Renger was Maior when these Patents were granted A few years after the liberties and franchises of London were ratified by the same King who granted that either Sheriff should have two Clarks and two Sargeants and that the Citizens should have a Common Seal A little after the same King granted that the Maior Elect should be presented to the Barons of the Exchequer and they should admit him Moreover he gave way that the City should be fortified with Posâ—s and Iron Chains drawn athwart over the streets Anno 1326. Edward the third much increased the Immunities of the City and the Authority of the Maior for he granted that the Maior should be Iustice for the Gaol delivery at Newgate and have power to reprieve Prisoners That the Citizens of London should not be constrained to go out of the City of London to any Warre He granted also that the liberties and franchises of the City should not after that time be taken into the Kings hands as it had bin often before when a Custos was put in Moreover He granted by Letters Patents that there should be no other Eschetor in the City but the Maior Anno 1338. He granted that the Sargeants attending the Maior and the Sheriffs should bear Maces silver and gilt with the Royal Arms engraven Anno 1356. The same King ordained that whereas the Aldermen were used to be chang'd yeerly they should not be removed without special cause for the future Then for the higher honour and Authority of the Office the Sword was added with the Cap of Maintenance Thus in proceâ—s of time the Government of London grew to be more and more established Anno 1415. Sir Henry Barton being Maior ordained Lanthorns and Lights to be hang'd out on the Winter Evenings betwixt Alhollontide and Candlemas Sir Iohn Norman being Maior was the first who went upon the River to Westminster having made a stately Barge to that purpose Anno 1453. And the rest of the Companies followed that laudable Example with their Barges also Anno 1473. Sir Iohn Tate being Maior the Sheriffs of London were appointed each of them to have sixteen Serjeants and every Serjeant to have his Yeoman Moreover they were to have six Clerks a Secondary a Clark of the Papers with fower other Clarks besides the Under Sheriffs Clark Anno 1484. It happened that there was successively one after the other three Mayors and three Sheriffs of London in the compasse of one year by reason of the sweating sickness which rag'd so extreamly Anno 1501. Sir John Sha being Maior added some state to the Office for it was ordered that the Aldermen his Brethren should attend him on Horseback from Guild-hall to the Rivers side when he took Barge for Westminster Besides he was the first who kept Court in his own House for redressing of such matters that came before him Sir William Capel being Maior of London caus'd Cages to be set up in every Ward for the punishments of Vagabends and Rogues Anno 1556. Sir Thomas Ossley being Mayor the Night Bel-man was first ordained Queen Elizabeth did much favour the City of London and for the better Government thereof gave way for a Provost Marshal to be appointed Thus have we observed that the Governours in chief of the City of
these new buildings is Cow-bridge street or Cow-lane which turneth toward Holdbourn in vvhich Lane the Prior of Semperingham had his Inne or London Lodging The rest of that West side of Smithfield hath divers fair Inns and other comely Buildings up to Hosier-lane which also turneth down to Houldbourn till it meet with Cowbridge-street from this Lane to Cock-lane over against Pie-Corner In the year 1362 the thirty sixth of Edward the third on the first five dayes of May in Smithfield were Justs holden the King and Queen being present with the most part of the Chivalry of England and of France and of other Nation to the which came Spaniards Cyprians and Armenians Knightly requesting aid of the King of England against the Pagans that invaded their Confines The 48. of Edward the third Dame Alice Perrers or Pierce the Kings Concubine as Lady of the Sun rode from the Tower of London through Cheape accompanied by many Lords and Ladies every Lady leading a Lord by his Horse Bridle till they came into West Smithfield and then began a great Just vvhich endured seven dayes after In the year 1393. the 17th of Richard the second certain Lords of Scotland came into England to get vvorship by force of Arms the Earl of Marre chalenged the Earl of Nottingham to Just vvith him and so they rode together certain Courses but not the full Challenge for the Earl of Marre was cast both Horse and Man and two of his Ribs broken vvith the fall so that he vvas conveighed out of Smithfield and so towards Scotland but dyed by the vvay at York Sir VVilliam Darel Knight the Kings Banner-bearer of Scotland challenged Sir Percey Courtney Knight the Kings Banner-bearer of England and vvhen they had run certain Courses gave over vvithout conclusion of Victory Then Cookborne Esquire of Scotland challenged Sir Nicholas Hawberke Knight and rode five Courses but Cookborne vvas born over Horse and Man Now to return through Gilt-spur-street by Newgate vvhere I first began there standeth the fair Parish Church called St. Sepulchers in the Bayly or by Chamberlain Gate in a fair Church-yard though not so large as of old time for the same is letten out for buildings and a Garden plot This Church vvas newly re-edified or builded about the Reign of Henry the sixth or of Edward the fourth one of the Popham's vvas a great builder there and 't is lately also vvashed over and furbish'd Next to this Church is a fair and large Inne for the receipt of Travellers and hath to signe the Sarasens Head vvhere Oxford men resort There lyeth a street from Newgate West to the end of Turn again-lane and winding North to Oldbourne Conduit but of late a new Conduit vvas there builded in place of the old namely in the year 1577. by VVilliam Lambe sometime a Gentleman of the Chappel to King Henry the eighth and afterward a Citizen and Clothworker of London From the West side of this Conduit is the high way there called Snow-hill stretching out by Oldbourne-bridge over the oft-named Water of Turn-mill-Brook and so up to Old-bourn-hill all replenished with fair Buildings Without Ould-bourn-bridge on the right hand is Gold-lane as is before shewed up higher on the Hill be certain Inns and other fair Buildings amongst the which of old time was a Messuage called Scroops Inne for so we finde the same recorded in the 37. of Henry the sixth This House was sometime letten out to Sergeants at the Law as appeareth and was found by Inquisition taken in the Guild-hall of London before William Purchase Mayor and Escheater for King Henry the 7th in the 14th of his Reign Then is the Bishop of Elies Inne so called of belonging and pertaining to the Bishops of Ely Will de Luda Bishop of Ely deceased 1297 and gave this House by the name of his Mannor with the Appurrenances in Holdbourne to his Successors with condition that his next Successor should pay a thousand Marks towards the finding of three Chaglains in the Chappel there The first in the year 1464. the fourth of Edward the fourth in Michaelmas Terme the Sergeants at Law held their Feast in this House to the which amongst other Estates Matthew Philip Mayor of London with the Aldermen Sheriffs and Commons of divers Crafts being invited did repair but when the Mayor looked to keep the state in the Hall as it had bin used in all places within the City and Liberties out of the Kings presence the Lord Gray of Ruthen then Lord Treasurer of England unwitting the Sergeants and against their wills as they said was first placed whereupon the Mayor Aldermen and Commons departed home and the Mayor made the Aldermen to dine with him howbeit he and all the Citizens were wonderfully displeased that he was so dealt with and the new Sergeants and others were right oâ—ry therefore and had rather then much good as they said it had not so happened Next beyond this Mannor of Ely-house is Lither-lane turning into the Fields Then is Furnivals Inne now an Inne of Chancery but sometime belonging to Sir William Furnival Knight and Thomasin his Wife who had in Holdbourne two Messuages and thirteen Shops as appeareth by Record of Richard the second in the sixth of his Reign Now again from Newgate on the left hand or South side lyeth the Old Baylay which runneth down by the Wall upon the Ditch of the City called Houndsditch to Ludgate we have not read how this street took that name but it is like to have risen of some Court of old time there kept and we finde that in the year 1356. the thirty four of Edward the third the Tenement and ground upon Houndsditch between Ludgate on the South and Newgate on the North was appointed to Iohn Cambridge Fishmonger Chamberlain of London whereby it seemeth that the Chamberlains of London have there kept their Courts as now they do in the Guild-hall and till this day the Mayor and Justices of this City keep their Sessions in a part thereof now called the Sessions Hall both for the City of London and Shire of Middlesex over againâ— the which House on the right hand turneth down St. Georges Lane towards Fleet Lane In this St. Georges Lane on the North side thereof remaineth yet an old wall of stone inclosing a peece of ground up Sea-cole-Lane wherein by report sometime stood an Inne of Chancery which House being greatly decayed and standing remote from other Houses of that Profession the Company removed to a Common Hostery called of the signe out Lady Inne not far from Clements Inne which they procured from Sir Iohn Fineox Lord chief Justice of the Kings Bench and since have held it of the owners by the name of the New Inne paying therefore six pounds Rent by the year as Tenants at their own will for more as is said cannot be gotten of them and much lesse will they be put from it Beneath this Saint Georges Lane is the Lane called Fleet-lane winding
the Bridge along by the Thames East-ward is St. Olaves street having continual building on both the sides with Lanes and Alleys up to Battle-Bridge to Horse-down and towards Rother-Hith also some good half mile in length from London Bridge so that I account the whole continual buildings on the Bank of the said River from the West towards the East to be more than a large mile in length Then have ye from the entring towards the said Horse-down one other continual street called Barmonds eye street which stretcheth South likewise furnished with Buildings on both the sides almost half a mile in length up to the late dissolved Monastery of St. Saviours called Bermondsey And from thence is one Long Lane so called of the length turning West to St. Georges Church aforenamed out of the which Lane mentioned Long-lane breaketh one other street towards the South and by East and this is called Kentvsh-street for that it is the way leading into that County and so have ye the bounds of this Borough The Antiquities most notable in this Borough are these First for Ecclesiastical there was Bermondsey an Abbey of Black Monks St. Mary Overies a Priory of Canons Regular St. Thomas a Colledge or Hospâ—tal for the poor and the Loke a Lazar-house in Kent-street Parish Churches there have been six whereof five do remain viz. St. Mary Magdalen in the Priory of Saint Mary Overy Now the same St. Mary Overy is the Parish Church for the said Mary Magdalen and for Saint Margaret on the Hill and is called Saint Saviour Saint Margaret on the Hill being put down is now a Court for Justice St. Thomas in the Hospital serveth for a Parish Church as afore St George a Parish Church as before it did so doth St Olave and St. Mary Magdalen by the Abby of Bermondsey There be also these five Prisons or Goals the Clink on the Bank the Compter in the late Parish Church of St. Margaret the Marshalsey the Kings-Bench and the White-Lyon all in Long Southwarke Now to return to the West Bank there were two Bear-Gardens the old and new places wherein were kept Bears Bulls and other Beasts to be bated As also Mastives in seâ—eral Kenels nourished to baite them These Bears and other Beasts are there baired in plots of ground Scaffolded about for the beholders to stand safe but this kind of sport is now prohibited Next on this Bank was sometime the Bordâ—llo or Stewes a place so called of certain Stew-houses priviledged there for the repair of incontinent men to the like women of the which Priviledge we read thus In a Parliament holden at Westminster the eight of Henry the second it was ordained by the Commons and confirmed by the King and Lords That divers constitutions for ever should he kept in that Lordship or Franchise according to the old Customs that had been there used time out of mind Amongst the which these following were some viz. That no Stew-holder or his Wife should let or stay any single Woman to go and come freely at all times when they listed No Stew-holder to keep any Woman to board but she to board abroad at her pleasure To take no more for the Womans Chamber in the week than fourteen pence Not to keep open his doors upon the Holy-daies Not to keep any single Woman in his House on the Holy-dayes but the Bayliff to see them voided out of the Lordship No single Woman to be kept against her will that would leave her sin No Stew-holder to receive any Woman of Religion or any Mans Wife No single Woman to take mony to lye with any man except she lie with him all night till the morrow No man to be drawn or enticed into any Stew-house The Constables Bayliffe and others every week to search every Stew-house No Stew-holder to keep any Woman that hath the perilous Infirmity of burning nor to sell Bread Ale Flesh Fish Wood Coale or any Victuals c. These allowed Stew-houses had Signs on their Fronts towards the Thames not hanged out but painted on the Walls as a Boars head the Crosse-Keys the Gun the Castle the Craue the Cardinals Hat the Bell the Swan c. Ancient men of good credit do report that these single Women were forbidden the Rights of the Church so long as they continued that sinful life and were excluded from Christian burial if they were not reconciled before their death And therefore there was a plot of ground called the Single Womans Church-yard appointed for them far from the Parish Church In the year of Christ one thousand five hundred forty six the seven and thirtieth of Henry the eighth this Row of Stews in Southwarke was put down by the Kings commandement which was proclaimed by sound of Trumpet no more to be priviledg'd and used as a common Brothel Then next is the Clinke a Goale or Prison for the Trespassers in those parts namely in old time for such as should brabble fray or break the peace on the said Bank or in the Brothel Houses they were by the Inhabitants thereabout apprehended and committed to this Gaole where they were streightly imprisoned Next is the Bishop of Winchesters House or Lodging when he commeth to this City Adioyning to this on the South side thereof is the Bishop of Rochesters Inne or lodging by whom first erected it is not upon Record but 't is known well the same of long time hath not been frequented by any Bishop and lieth ruinous for lack of reparations The Abbot of Naverly had a House there East from the Bishop of Winchesters House directly over against it standeth a fair Church called St. Mary over the Rie or Overy that is over the water This Church or some other in place thereof was of old time long before the Conquest an House of Sisters founded by a Maiden named Mary unto the which House and Sisters they left as was left to her by her Parents the over-sight and profits of a Crosse-Ferry or Traverse-Ferry over the Thames there kept before that any Bridge was builded This House of Sisters was after by Swithin a Noble Lady converted unto a Colledge of Priests who in place of the Ferry builded a Bridge of Timber and from time to time kept the same in good reparations But lastly the same Bridge was builded of Stone and then in the year 1106 was this Church again founded for Canons Regular by VVilliam Pont del l' Arch and VVilliam Daunly Knights Normans This Peter de Rupibus or de la Roch founded a large Chappel of St. Mary Magdalen in the Church of St Mary Overy which Chappel was afterward appointed to be the Parish Church for the Inhabitants near adjoyning This Church was again new builded in the Reign of Richard the second and King Henry the fourth Iohn Gower Esquire a famous Poet was then an especial Benefactor to that work and was there buried on the North side of the said Church in the Chappel of St. Iohn where he
founded a Chantry He lyeth under a Tombe of Stone with his Image also of Stone over him The Hair of his Head auburne long to his Shoulders but curling up and a small forked Beard on his Head a Chaplet like a Coronet of four Roses an habit of Purple damasked down to his feet a Collar of Esses of Gold about his Neck under his Feet the likenesse of three Books which he compiled The first named Speculum Meditantis written in French The second Vox clamantis penned in Latine The third Confessio Amantis written in English and this last is printed Vox Clamantis with his Chronica Tripartita other both in Latine and French were never printed Besides on the Wall where he lyeth there was painted three Virgins Crowned one of the which was named Charity holding this Device En Toy qui es Fitz de Dieu le pere Savâ—e soit qui gist soubs cest pierre In Thee who art the Son of God Be sav'd who lyes under this clod Now passing through St. Mary Overies Close once in possession of the Lord Montacute Pepper Alley into Long Southwark on the right hand thereof the Market Hill where the Leather is sold there stood the late named Parish Church of Saint Margaret given to St. Mary Overies by Henry the first put down and joyned with the Parish Church of St. Mary Magdalen and united to the late dissolved Priory Church of St. Mary Overy A part of this Parish Church of St. Margaret is now a Court wherein the Assizes and Sessions be kept and the Court of Admiralty is also there kept one other part of the same Church is now a prison called the Compter in Southwarke c. Farther up on that side almost directly over against St. Georges Church was sometime a large and most sumptuous house builded by Charles Brandon Duke of Suffolke in the Reign of Henry the eighth which was called Suffolk House but coming afterwards into the Kings hands the same was called Southwark place and a Mint of Coynage was there kept for the King Queen Mary give this House to Nicholas Heth Archbishop of York and to his Successors for ever to be their Inne or Lodging for their repair to London in recompence of York House near to Westminster which King Henry her Father had taken from Cardinal Woolsey and from the See of York Then is the White Lion a Goal so called for that the same was a common Hoftery for the receit of Travellers by that Sign This â—ouse was first used as a Goal within these hundred years last since the which time the prisoners were once removed thence to an House in New-town where they remained for a short time and were returned again to the aforesaid White Lion there to remain as the appointed Goal for the Countey of Surrey Next is the Goal or Prison of the Kings-Bench but of what antiquity the same is it appears not We read that the Courts of the Kings-Bench and Chancery have oft times been removed from London to other places and so hath likewise the other Goals that serve those Courts as in the year 1304 Edward the first commanded the Courts of Kings-Bench the Exchequer which had remained seven years at York to be removed to their old places at London And in the year 1387 the eleaventh of Richard the second Robert Trisilian chief Justice came to the City of Coventry and there sat by the space of a Month as Justice of the Kings Bench and caused to be Indicted in that Court about the number of 2000 persons of that Country c. It seemeth therefore that for that time the Prison or Goale of that Court was not far off Also in the year 1392 the sixteenth of the same Richard the Archbishop of York being Lord Chancellor for good will that he bare to his City caused the Kings Bench and Chancery to be removed from London to York but ere long they were returned to London Then is the Marshalsey another Goal or Prison so called as pertaining to the Marshalls of England of what continuance kept in Southwark it appears not but likely it is that the same hath been removeable at the pleasure of the Marshalls And then Thieves Lane by St. Thomas Hospital first found by Richard Prior of Bermondsey in the Cellerers grounded against the Wall of the Monastery in the year 1213 He named it the Almery or house of Alms for Converts and poor Children In the year 1552 the Citizens of London having the void suppressed Hospital of St. Thomas in Southwark in the Month of Iuly began the reparations thereof for poor impotent lame and diseased people so that in the Month of November next following the sick and poor people were taken in And in the year 1553 on the tenth of April King Edward the sixth in the seventh of his Reign gave to the Mayor Communalty and Citizens of London to be a Work-House for the poor and idle persons of the City his House of Bridewell and seven hundred Marks Lands of the Savoy Rents which Hospital he had suppressed with all the Beds bedding and other furniture belonging to the same towards the maintenance of the said Work-house of Bridewell and of this Hospital of Saint Thomas in Southwark This gift the King confirmed by his Charter The Church of this Hospital which of old time served for the Tenements neer adjoyning and pertaining to the said Hospital remaineth as a Parish Church But now to come to St. Olaves street on the Bank of the River of Thames is the Parish Church of St. Olave a fair and meeâ—ly large Church but a far larger Parish especially of Aliens or strangers and poor people Next is the Bridge-House so called as being a Store-house for Stone Timber or whatsoever pertaining to the building or repairing of London Bridge This House seemeth to have taken beginning with the first founding of the Bridge either of Stone or Timber it is a large plot of ground on the Bank of the River of Thames containing divers large buildings for stowage of things necessary towards reparation of the said Bridge There are also divers Garners for laying up of Wheat and other Granaries for service of the City as need requireth Moreover there be certain Ovens builded in number ten of which six be very large the other four being but half so big these were purposely made to bake out the Bread Corn of the said Grayners to the best advantage for relief of the poor Cittizens when need should require Then is Battaile Bridge so called of Battaile Abbey for that it standeth on the ground over a Water-course flowing out of Thames pertaining to that Abbey and was therefore both builded and repaired by the Abbots of that House as being hard adjoyning to the Abbots Lodging Beyond this Bridge is Bermondsey street turning South in the South end whereof was sometime a Priory or Abby of St. Saviour called Bermonds Eye in Southwarke founded by Ailwin a
the field one of the fairest rising street in the World From Newgate on the left hand lyeth the Old Bayley and so down by Sea-cole and Fleet-lane we passe then over the common Sewer up to Shooe-lane and so to Fewter-lane now vulgarly called Fetter-lane but betwixt these two Lanes there is another new street butted out by the Company of Goldsmiths called Newstreet where there is a knot of very handsome Buildings Above the Barres there was a House of the Templers but they removed thence to Fleetstreet There was also adjoyning thereunto the Bishop of Lincolns House which was very ancient for the Records say 't was built Anno 1147. But of late years it hath belonged to the Noble Earls of Southhampton And lately it hath bin quite taken down and turned to several private Tenements as Durham House is in the Strand Insomuch that if one should ask what God Almighty doth now in London he might as the pulse of the 〈◊〉 beats give the same answer that was given by the Pagan Philosopher who being demanded what Iupiter did in Heaven he said Magnas ollas rumpâ—t ex frustis earum parvas componit Jupiter breaks great Vessels and makes small ones of their peeces Side long of this ancient House of the Bishop of Lincoln is Newstreet for so it was called at first but now 't is called Chancery-lane where Edward the third annexed the House of converted Jews to the Office of Custos Rotulorum Here the Cursitors Office was built by Sir Nicholas Bacon Lord Keeper of the great Seal Here also is the six Clarks Office which is a fair convenient peece of stone and Brick Building newly erected the old being consumed by a casual fire of late years The Bishop of Chicester Ralph Nevil had much ground given him thereabouts by Henry the third which now is become all Tenements thick built and quite alienated Then is Lincolns Inne very much encreased in building it appertained sometimes to the said Ralph Nevil Bishop of Chicester Lord Chancellor of England having bin before the House of the Black-Fryers and after the decease of the said Bishop Nevil Henry Lacy Earl of Lincoln Constable of Chester and Custos of England added much building to this place and Sir Thomas Lovel did also add much thereunto in Henry the eighth's time but now it is one of the foure Inns of Court for the Students in the Law Behind Lincolns Inne Westward is a spacious field where many fair Houses or rather Palaces are taken up by the Gentry Then is there towards Drewry Lane a new Market called Clare Market then is there a street and Palace of the same name built by the Earl of Clare who lives there in a princely manner having a House a street and a Market both for flesh and fish all bearing his name There was something omitted which should have bin spoken of the Church of St. Giles of the Field which is that being a very ancient Church and so decayed that it could not be repaired a new one was erected partly out of the ruines of the old which work was begun and finished in two years and a while after the fair Brick Wall that encompasseth it There were divers well disposed persons who contributed to so pious a work but specially the Lady Alice Duddeley according to that which is engraven upon the North door in pure and ponderous Latine which I thought therefore worthy to be here inserted Quod faelix faustumque sit posteris Hoc Templum loco Veteris ex Annosa vetustate Collapsi mole et splendore auctum multa Paraecorum Charitas Restauravit In quibus pientissimae Heroinae Dom. Aliciae Duddeley Munificentia gratum marmoris hujus meretur eloquium Huc etiam accessit aliorum pletas Quibus provisae sunt grates In Coelo Heus viator an effaetum est bonâ—s Operibus Hoc Saeculum From the North end of Chancery Lane is High Holborn which extends up to St. Giles in the Field where the famous devout Queen Matilda did found an Hospital as she did Eastward St. Katherines beyond the Tower At this Hospital the Prisoners conveyed from London to Tyborn were used to be presented with a Bowl of Ale for their last refreshment in this life and it was commonly called St. Giles's Bowl Then is there a spacious fair street called Long Acre and then Pickadilly full of fair Houses round about Thus have we as succinctly as we could avoiding superfluities and unnecessary trivial things spoken of the Skirts of London and the places thereunto annexed without the Gates and now Navigeâ— hinc alâ—â— jam mihi linter aqua I mean let us steer now to the City of VVestminster Of the Savoy the Dutchy and City of Westminster with the Antiquities the Tribunals of Iustice and Liberties thereunto belonging HAving taken so fair a Prospect and finished the perlustration of London It were a high Incivility and a soloecism in good manners or rather a Piacle not to give VVestminster also a visit being so near and contiguous a Neighborr It is true that they were once above a mile asunder but by insenâ—â—bâ—e coalition and recruit of people they came at last to be united and incorporated into one continued peece in point of posture though not of Government And the Union with Scotland did not a little conduce to make this Union â—twixt London and VVestminster For the Scots multiplying here mightily neasâ—ed themseâ—ves about the Court so that the Strand from mud Walls and thatched Houses came to that perfection of Buildings as now we see Moreover the City of VVestminster hath divers Magnalia's which may deserve as exact a view as any within London for if London of old had her Temple of Diana VVestmâ—nster had one to a greater Deity which was Apollo And since in those very places is St. Paul hath his Church in London St. Peter the Prince of the Apostles hath his in VVestminster which was used to keep the Regalia's and the Crown Add hereunto that if London hath her Guild-hall and the Hustings VVestminster hath the great Praetorian or common Hall where the chief Courts and general Tribunals of Justice do make their Sessions though to her high prayâ—e be it spoken London hath a far more expedite way of doing Justice and determination of cauâ—es then Westminster hath besides in point of safety and strength if London hath her Artillery Garden Westminster hath her Military And in point of Extent and Government if London hath her six and twenty Wards and so many Aldermen Westminster also hath her Twelve Burgesses and so many distinct Wards but for the quality of Inhabitants London muâ—t vayl to her most of the Nobility and Gentry residing in or about her Precincts Moreover in one particular Westminster may claim a great advantage of London in regard as the Royal Court once was so the residence of the Soveraign Magistrate is still there Insomuch that Westminster may well glory of three things That she hath the chiefest
Courts of Justice the chiefest Court of the Prince and the chiefest Court of the King of Heaven for every Temple is his Houâ—e and Court Now the Abbey of Westminster hath bin alwayes held the greatest Sanctuary and randevouze of devotion of the whole Iland wâ—ereunto the scituation of the very place seemes to contribute much and to strike a holy kind of Reverence and sweetness of melting piety in the hearts of the behoâ—ders But before we steer our course to Westminster we must visit the Dutchy oâ— Lancaster and the Savoy which are liberties of themselves and lie as a Parenthesis 'twixt London and Westminster Without Temple-barre Westward is a liberty pertaining to the Dutchy of Lancaster which beginneth on the North side of the Thames and stretcheth West to Ivy-bridge where it terminates And again on the North side some small distance without Temple-Barre in the High street there stretcheth one large middle row or troop of small Tenements partly opening to the South and partly towards the North up West to a Stone Crosse over against the Strand and this is the bounds of the liberty which first belonged to Brian Lisle after to Peter of Savoy and then to the House of Lancaster Henry the third did grant to his Uncle Peter of Savoy all those Houses upon the Thames which pertained to Brian Lisle or de Insula in the way or the street called the Strand to hold to him and his Heires yielding three gilded Arrowes every year in the Exchequer This Peter Earl of Savoy and Richmond Son to Thomas Earl of Savoy Brother to Boniface Arch Bishop of Canterbury and Uncle unto Eleanor Wife to Henry the third was the first Founder of the Savoy Anno 1245. which he gave afterwards to the Fraternity of Monjoy Queen Eleanor did purchase it for Edmund Duke of Lancaster her Son of the Fraternity which Duke did much augment and improve the structure Iohn the French King was lodged there being then the fairest Mannor of England Anno 1381. The Rebels of Kent and Essex did most barbarously burn this House with many Vessels of Gold and Silver which they threw into the River all which they did out of a popular malice to Iohn of Gaunt Duke of Lancaster It came afterwards to the Kings hands and Henry the seventh did re-edifie and raise it up again but converted it to the Hospital of St. Iohn Baptist yet was he content that it should be still called the Savoy and bestowed Lands for maintenance of 100. poor men But afterwards it was suppressed by his Granchild Edward the sixth the Beds and Bedding with other Furniture were given to the City of London together with Bridewell to be a Work-house for idle persons and some of Savoy Furniture was given also to furnish St. Thomas Hospital in Southwark But afterwards the Savoy Hospital was refounded and endowed with Lands by Queen Mary who made one Iackson first Master thereof And it is memorable how the Mayds of Honour and Ladies of the Court in those times did much contribute for storing it again with new Beds and Furniture and so it hath continued ever since the Chappel of this Hospital serving for a Parish Church to the Neighbors thereof near adjoyning and others Now touching the Prerogatives and enfranchisements of the Dutchy of Lancaster let the Reader know that Henry the fourth by his Royal Charter and concurrence of Parliament did sever the possessions of the said Dutchy from the Crown And that which Iohn of Gaunt held for term of life was established to perpetuity by the Statutes of Edward the fourth and Henry the seventh which separation was made by Henry the fourth in regard he well knew that he had the Dutchy o Lancaster par Regno by sure and indefesble Title whereas his Title to the Crown was not so assured because that after the death of Richard the second the Royal right was in the Heir of Lionel Duke of Clarence second Son of Edward the third And John of Gaunt who was Father to Henry the fourth was the fourth Son therefore his policy was to make it a distinct thing from the Crown for fear of after-claps It was Edward the third who erected the County of Lancaster to a County Palatine and honoured the Duke of Lancaster therewith giving him Jura Regalia having a particular Court The Officers whereof were the Chancellor the Attorney the Receiver General Clark of the Court the Auditors Surveyors the Messenger The Seal of the Dutchy of Lancaster remains with the Chancellor but the Seal of the County Palatine remains alwayes in a Chest in the County Palatine under the safe custody of a Keeper Now all Grants and Leases of Lands Tenements and Offices in the County Palatine of Lancaster should passe under that Seal and no other but all Grants and Leases out of the County Palatine and within the Survey of the Dutchy should passe under the Seal of the Dutchy and no other otherwise such Grants are voyd Ipso facto Though this County Palatine was a younger Brother yet it had more honours mannors and Lands annexed unto it thâ—n any of the rest and all this by Acts of Parliament whereby all the Franchises Priviledges Immunities Quittances and Freedoms which the Duke of Lancaster had for Himself and his Men and Tenants were confirmed The Liberty of the Dutchy was used to be governed by the Chancellor who had under him a Steward that kept Court Leâ—t with an Attorney of the Dutchy There were also four Burgesses and four Assistants a Bayliffe who had others under him four Constables four Wardens that kept the stock for the poor four Wardens for high wayes a Jury of 14. Ale-cunners which looked to the assise of measures four Scavengers and a Beadle and the common Prison is Newgate And now we must make a step back towards Temple-barre and so by degrees to Westminster all along we will begin with the right hand or the Northside and so pasâ—e up West through a back lane or street wherein do stand as was touched before three Inns of Chancery The first called Clements Inne in regard it is near St. Clements Church and Clements Well The second New Inne which was made of a common Hostery about the beginning of the Reign of Henry 7. The third is Lions Inne This street stretcheth up unto Drury lane which lane extends Northward towards St. Giles in the Field But now we must go back as was said before towards Temple-barre and so by taking the Strand all along return by degrees to Westminster it self in a direct line I have heard often of a British Prophecy which came from an old Bard viz. The Church man was the Lawyer is and the Soulâ—ier shall be True it is that Bishops lived in the Equipage of Princes in former times and among other inâ—â—arâ—es one is the goodly Palaces they had in and about London and Westminster for from Dorset House in Fleetstreet as far as White-hall all the great Houses which were built
the Clerks of the Petty-bag and the six Attorneys Having spoken somewhat of this Court 's ordinary Jurisdiction something shall be said of the extraordinary proceedings thereof according to the Rule of Equity secundum aquum et bonum or according to the dictates of Conscience for the Lord Chancelor or Keeper of the Great Seal of England may be said to be Keeper of the Kings Conscience for mitigation of the rigour of the Common Law Yet this Court of Equity proceeding by English Bill is no Court of Record therefore it can bind but the Person only and neither the State of the Defendants Lands nor property of his Goods and Chattles therefore if the Lord Chancelor impose any fine it is void in Law he having no power but on the Person only Yet the Lord Chancelor or Keeper is sole Judge both in this Court of Equity and in the Court concerning the Common Law but in cases of weight or difficulty he doth assist himself with some of the Judges and no greater exception can be taken hereunto than in case of the Lord Steward of England being sole Judge in tryal of the Nobility who also is assisted with some of the Judges Touching this Court of Equity the ancient Rule is that three things are to be considered in a Court of Conscience Covin Accident and Breach of confidence All Covins collusions frauds and deceits for which ther 's no remedy by the ordinary course of Law Accident as when the servant of an Obligor or Morgageor is sent to pay the money on the day and he is robb'd c. then remedy is to be had in this Court against the forâ—eiture The third is breach of tru't and confidence whereof there are plentiful examples The ancient Custome was when one was made Lord Chancellor for the King to hang the Great Seal about his Neck Cardinal Woolsey had the Chancelorship by Letters Patâ—ents during life but it was held void because an ancien Office must be granted as it was accustomed Henry the 〈◊〉 had two great Seals one of Gold which he delivered the Bishop of Durham and another oft Silver which he delivered the Bishop of London The Chancellors Oath consists of six parts 1. That well and trâ—ly he shall serve the King our Soveraign Lord and his People in the Office of Chancellor or Lord Keeper 2. That â—e shall do right to all manner of people poor and rich after the Laws and usages of the Realm 3. That he shall truly Counsel the King and his Counsel he shall layne or conceal and keep 4. That he shall not know nor suffer the hurt or disheriting of the King or that the Rights of the Crown be decreased by any means as far as he may let it 5. And in case he cannot let it he shall make it clearly and expresly to be known to the King with his true advice and counsel 6. He shall do and purchase the Kings profit in all that he reasonably may There be in this Court many Officers whereof mention is made before the principal whereof is the Master of the Rolls which is an ancient Office and grantable either for life or at will according to the Prince his pleasure Edward the third by Letters Patents annex'd the House of the converted Iews in Chancery Lane to this Office for keeping of the Records of the Chancery viz. Charters Letters Patents Commissions Deeds Recognizances which before the Reign of Henry the seventh were used to be transmitted to the Tower of London The Master of the Rolls used to have Iure Officii the gift of the Offices of the six Clerks in the Chancery and in the absence of the Lord Chancellor he heareth Causes and giveth Orders OF THE COVRT OF COMMON-PLEAS IN WESTMINSTER-Hall IN times pass'd the Courts and Benches or Banks of Justices as was touched before followed the Kings Person wheresoever he went as well since the Conquest as before which thing being found chargeable and cumbersome The ninth of Henry the third it was resolved that there should be a standing place appointed where matters should be heard and determined And the Court of the Common Pleas was the first that was fix'd wherein tenures of Lands and civil Actions used to be pleaded And it is one of the Statutes of Magna Charta Quod Communia placita non sequantur Curiam nostram sed teneantur loco certo That the Common Pleas follow not our Court but be kept in a certain place Now Pleas are distinguished into Pleas of the Crown as Treason and Felony with misprision of Treason and Felony which belong to the Upper Bench and to Common or Civil Pleas whereof this Court takes Cognizance This Court therefore is call'd the Lock and Key of the Common Law of England and the Judges there sitting had need to be more knowing and learned than any other for here all Reall Actions whereupon Fiâ—es and recoveries the common assurances of the Land do passe and all other reall Actions by original Writs are to be determined as also of all Common 〈◊〉 mixt or personal in divers of which the Kings Bench this Court have a concurrent authority But regularly this Court cannot hold Common 〈◊〉 in any Action real mix'd or personal but by Writ out of the Chancery and returnable to this Court yet this Court in some cases may hold Plea by Bill without any Writ in the Chancery as for or against any Officer 〈◊〉 or priviledged Person of this Court. This Court also without any Writ may upon a suggestion grant Prohibitions to keep Temporal as well as Ecclesiastical Courts within their bounds and jurisdictions without any Original or Plea depending for the Common Law which in those cases is a Prohibition of it self stands instead of an Original The Chief Justice of this Court is created by Letters Patents during the pleasure of the Prince and so are the rest of his Associats but none is capable to be constituted a Judge here unlesse he be a Sargeant at Law of the degree of the Coif The jurisdiction of this Court is general extendeth throughout England The Officers of this Court are many viz. Custos Brevium three Protonotaries Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoins Clerk of the Outlaries which belongeth to the Attorney General who doth exercise it by Deputy In former times great abuses have been by Attorneys of this Court by suing out a Judicial Processe with any Original which when detected have been severely punished OF THE COVRT OF THE EXCHEQUER THe Authority of this Court is of Original Jurisdiction without any Commission In the chief place of account for the Revenues of the Crown The Hearers of the accounts have Auditors under them and they who are the chief for the accounts of the Prince are called Barons of the Exchequer whereof one is called Lord Chief Baron The greatest Officer of all is the Lord Treasurer In
this Court are heard those that are Delators or Informers in popular or penal Actions having thereby part of the profit assign'd unto them by the Law In this Court if any question be 't is determined by the Common Law of England by twelve men and all Subsidies Taxes and Customes by account For in this Office the Sheriffs of the Countries do attend upon the execution of the Commandements of the Judges If any Fines or Amercements be extracted out of any Court or any arrearages of accounts of such things as is of Customes Taxes Subsidies and other such like occasions the same the Sheriff of the Country doth gather and is answerable therefore to the Exchequer This Court is divided into two parts viz. Iudicial accounts called Scaccarum computorum And into the Receit of the Exchequer The prime Officer of this Court as was meâ—tioned before is the Lord high Treasurer of England who receives a White Staff from the King But in former time he had this Office by delivery of a Golden Key Then there is Cancellarius Scaccarii the Chancelor of the Exchequer who keepeth the Seal Then you have the chief Baron and his Associates whereof one though he sits there yet he hath no voice therefore he was used to be call'd by way of Drollery Baron Tell-clock yet he takes the same Oath that others do he hath a Fee of 100 Marks per annum At daies of prefixions he hath to do with the Sheriffs Accounts he can take Recognizances but he hath not the Robes nor any suffrage upon the Bench in point of Judicature And that nickname Baron Tellclock came up first in Baron Southertons time who when he felt the Chimes ring in his Stomach towards dinner he was us'd to tell chief Baron Tanfield My Lord 't is twelve a clock Then have you sundry other inferiour Officers more then in any other Court except the Kings House This Court is called Exchequer from a French word vne place quarree a four-square place because the Carpet that lay before the Judges is in the form of a Chess-board and of two colours thence the name of Exchequer was derived Now it is to be observe'd that albeit the Barons are the sole Judges of the Exchequer Court yet the Lord Treasurer is joyn'd with them in keeping of the Records The Lord Treasurer hath also granted him by Parent under the great Seal Thesaurarium Scaccarii Regis Angliae which of ancient time as the Lord Coke hath it was a distinct Office by it self Then is there the Pipe Office whereof the Chancelor of the Exchequer is Contrarotulator or Controuler The Original institution of the Pipe Office was taken from a Conduit of water which was conveyed by Pipes into a Cestern which lay in a Court for as water is derived from many Fountains Springs by Aquaeducts into a Cestern House and from thence into several Offices of the same so this golden and silver stream is drawn from sundry Courts as Fountains of Justice and other Springs of Revenue reduc'd and collected into one Pipe and thereby conveyed into the Grand Cestern of the Princes receit c. Therefore all Accounts and Debts to the Crown are delivered and collected out of the Offices of the Kings Remembrancer and Treasurers Remembrancer and so drawn and pâ—t in charge in the Pipe There be five Auditors of the Revenue Royal within the survey of this Court and their Office is to take Accounts of the Kings Receivers Sheriffs Escheators Collectors and Customers and to audite and perfect the Account But an Auditor cannot allow any Licence or Grant in regard he knoweth not whether it be good this belongs to the Barons Neither can the Auditor put any thing in Charge his Office being only to take and audite Accounts There is the Auditor of the Prests whose Office it is to take the Accounts of the Mint Ireland and Barwick and of all other imprested or moneys advanc'd before hand Then is there the Auditor of the Receits which is an Office very considerable and consisting of many parts For first he is a kind of Filazer for he fileth the Tellers Bills and entreth them Secondly he is a Remembrancer for he gives the Lord Treasurer a certificate of the money received the week before Then he is an Auditor for he makes Debenturs to every Teller before they pay any money and takes and audites their Accounts Besides all this he keepeth the black Book of Receits and the Lord Treasurers Key of the Treasury and seeth every Tellers money lock'd up in the new Treasury Of those Tellers there are four and their Office consists in four duties First to receive money due to the Soveraign Prince Secondly to pay all persons moneys by Warrant of the Auditor of the Receit Thirdly to make yearly and weekly Books of their Receits and payments which they deliver to the Lord Treasurer And lastly to give the Clerk of the Pell a Bill of what moneys they receive whereby he may be charged Now touching Clericus Pellis the Clerk of the Pell his duty is to enter every Tellers Bill into a Roll call'd Pellis Receptorum his Office also is to enter ino another Roll payments call'd Pellis exitus signifying by what Warrant the payment was made Concerning the Kings Remembrancer in the Exchequer his Office consists in eight Duties First to write Process against Collectors of Customs Subsidies and Fifteens 2. He entreth in his Office all Recognizances before the Barons and taketh Bond for any of the Kings Debts for observing of Order for appearances and his duty is to make out Process upon every of them 3. He maketh Process upon Informations upon penal Statutes all which Informations are entred into his Office 4 He maketh Bills of composition upon Informations upon penal Statutes 5. He taketh the stallment of Debts and entreth them 6. The Clerk of the Star-Chamber was us'd to certifie into his Office what fines were there set whereof he maketh a Record and draweth them down in the Pipe 7. In this Office ought to be kept all Assurances Conveyances and Evidences whereby any Lands Tenements Herediraments or other things are granted to the Soveraign Prince 8. There is a Court of Equity holden in the Exchequer Chamber by English Bill whereof all the proceedings and Bills are entred into this Office The Lord Treasurers Remembrancer is also an Office of trust and consequence which consisteth of seven Duties First To preserve the Royal tenures and to make out Process for the Revenues thereof 2. He maketh Process of Fierifacias to extend for Debts due to the Prince either in the Pipe or with the Auditors 3. He awards Process against all Sheriffs Escheators Receivers and Bayliffs to bring them to account 4. He is to make an entry of Record whereby it appears whether Sheriffs and other Accountants pay their proffers due at Easter and Michaelmas 5. He makes another entry of Record to the end that it may be known whether
Sheriffs and other Accounts keep their day of prefixion 6. The green Was is certified into this Office and by him delivered to the Clerk of the Estreats 7. There ought to be brought into this Office all the Accounts of Customers Controulers and all other to make an entry of Record in this Office to avoid delay and concealments The Oath of the Barons of the Exchequer consists of ten parts First That he shall well and truly serve in the Office of Baron 2. That truly he shall charge and discharge all manner of people as well poor as rich 3. That for Higness nor for Riches nor for hatred nor for any deed gift or promise of any person which is made unto him nor by craft engine he shall let the Kings right 4. He shall not let disturbe or respite contrary to the Lawes of the Land the Right of any other person 5. He shall not put in respite the Kings Debts where goodly they may be levied 6. That he shall speed the Kings need before others 7. That neither for gift wages nor good deed he shall layn disturb nor let the profit or reasonable advantage of the King in the advantage of any other Person nor of himself 8. That nothing he shall take of any Person to do wrong or right to delay or deliver or to delay the people that have to do before him that as hastily as he may them goodly to deliver without hurt of the King c. 9. Where he may know any wrong or prejudice to be done to the King he shall put and do all his power and diligence that to redresse 10. The Kings Counsel he shall keep and layne in all things In the Exchequer Chamber all cases of difficulty either in the Kings bench or the Common Pleas were used to be debated argued and resolved by all the Judges of England and the Exchequer Barons The Treasurer of the Kings Chamber and the Keeper of the privy purse with such domestick Offices of the Kings House are not subject to this Court of Exchequer This Court was first erected for the particular profit and service of the Soveraign Prince And this profit is mediat or immediat Immediat as of Lands Rents Franchises Hereditaments Debts Duties Accounts Goods Chatrels and other profits and benefits whatsoever due unto the Soveraign Prince Mediate as the priviledge of the Officers and Ministers of the Court for two things do principally support the jurisdiction of a Court as my Lord Coke hath it first the preservation of the dignity thereof and then the due attendance of the Officers and Ministers of the same The chief Baron is created by Letters Patents and the Office is granted Quamdiu se bene gesserit wherein he hath a more fixed estate it being an estate of life than the Justices of other Benches have who are durante beneplacito And in like manner are the rest of the Barons constituted with the Patents of the Attorney General and Solicitor There is a Court called the Court of Equity in the Exchequer Chamber The Iudges of this Court are the Lord Treasurer the Chancelor of the Exchequer and the Barons Their jurisdiction is as large for matter of Equity as the Barons of the Exchequer have for the benefit of the King by the common Law but if in either Court they hold any Plea that doth not concern the profit of the King there lieth a Prohibition To conclude there are seven Courts that belong to the Exchequer 1. The Court of Pleas or of the Barons 2. The Court of Accounts 3. The Court of Receits 4. The Court of the Exchequer Chamber being the Assembly of all the Iudges of England for matters in Law 5. The Court of Exchequer for Errors in the Court of Exchequer 6. A Court in the Exchequer Chamber for Errors in the Kings Bench. 7. The Court of Equity spoken of a little before But touching all the Officers either coordinate or inferior that belong to the Exchequer and the Revenues Customes perquisits of the Soveraign Prince they are very many far more in number than in any other Court as was touched before yet nothing so numerous as those Financiers and swarm of other Officers which belong to the Revenues of France which are so many that their fees being payed there comes not a Quardecu in every Crown clearly to the Kings Coffers which is but the fourth part But there is one publick advantage in it that thousands of younger Brothers and others have a handsome subsistance to carry themselves hereby in the garbe and equipage of men OF THE COURT OF ADMIRALTY HAving thus made some inspections into so many Courts we must not pretermit the Court of Admiralty for Great Britain being an Island which makes the Sea and Woodden Castles to be her chiefest Conservators the Court of Admiralty may be said to be more pertinent and necessary to her then to divers other States therefore the Lord High Admiral is by the Law of England one of the four Officers of the Crown with the Lord Chancelor the Lord Treasurer and Lord privy Seal Some hold the Etymology of Admirall to come from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth Salsugo maris the saltness of the Sea others derive it from Ammir an Arabian word which signifieth a King or Emperor And some would have it to come from the low Dutch Aen-meer-all which signifie on the Sea all The Reader according as his own judgement leads him may adhere to which he please for I know of none that have positively asserted which is the truest But to know the nature and jurisdiction of this Court it will conduce very much if we insert here certain grievances which the Lord Admiral presented in the 8th year of K. Iames concerning Prohibitions granted by the Judges of the Courts of Westminster against the Jurisdiction and Prerogatives of this Court with the answer which the Judges returned to every point 1. The first Objection was that whereas the cognizance of all Contracts and other things done upon the Sea belongeth to the Admirals jurisdiction the same are made tryable at the common Law as if they had bin done in Cheapside and such places The Judges of Westminster-Hall answered that by the Lawes of the Realm the Court of the Admiral hath no cognizance power or jurisdiction of any manner of Contract plea or querele within any County of the Realm either upon the Land or the water but every Contract Plea or querele and all other things arising in any County of the Realm either upon the Land or the water and also Wrecks of the Sea ought to be tryed discussed determined and remedied by the common Lawes of the Land and not before or by the Admiral or his Lieutenant in any manner so that it is not material whether the place be upon the water intra fluxum refluxum aqua or whether it be upon any other water within the precincts of a County But the said
Judges acknowledged that of Contracts pleas and quereles made upon the Sea or any part thereof which is not within any County from whence no tryal can be had by twelve men the Admiral hath and ought to have jurisdiction And no president can be shewed that any Prohibition hath bin granted for any plea contract or querele concerning any Marine cause made or done upon the Sea taking that only to be the Sea wherein the Admiral hath his jurisdiction which is before described by Law to be out of any County 2. The second Objection was that when actions are brought to the Admiralty upon Bargains and Contracts made beyond the Seas wherein the common Law cannot administer justice yet in these cases prohibitions are awarded in prejudice of the Court of Admiralty The Judges answer that Bargains and Contracts made beyond the Sea wherein the common Law cannot administer justice do belong to the Constable and Marshal For the jurisdiction of the Admiralty is wholly confined to the Sea which is out of any County but if any Indenture Bond or other specialty or any Contract be made beyond the Seas for doing of any act or payment of any money within this Realm or otherwise wherein the common Law can administer justice and give ordinary redress In these cases neither the Constable nor Marshal nor the Court of Admiralty hath any jurisdiction therefore when that Court hath proceeding in derogation of the common Law prohibitions have bin issued out as by the Law they ought 3. The third Objection was that whereas time out of minde the Court of Admiralty hath taken stipulations for appearance and performance of the acts and judgements of the same Court It is now affirmed by the Judges of the common Law that the Admirals Court is no Court of Record and therefore not able to take such stipulations hereupon prohibitions are granted to the utter overthrow of that jurisdiction The Judges answered that the Court of the Admiralty proceeding by the course of the Civil Law is no Court of Record and therefore cannot take any such a recognizance as a Court of Record may And for taking Recognizanses against the Law of the Realm we finde that prohibitions have bin granted And if an erroneous sentence be given in that Court no Writ of Error but an appeal before certain Delegates do lye which proves 't is no Court of Record 4. The fourth Objection was that Charter parties made only to be performed upon the Seas are daily withdrawn from that Court by prohibitions The Judges answered That if the Charter party be made within any City Port-Town or County of this Realm although it be to be performed either upon the Seas or beyond the Seas yet it is to be tryed and determined by the ordinary course of the Common Law and not in the Court of the Admiralty And therefore when that Court hath encroached upon the common Law in that case the Iudge of the Admiralty and party there suing have bin prohibited and oftentimes the party condemned in great and grievous dammages by the Lawes of the Realm 5. The fifth Objection was that notwithstanding the clause of Non obstante statuto which hath foundation in his Majesties Prerogative and is current in all other grants yet in the Lord Admirals Patent 't is said to be of no force to warrant the determination of the Causes committed to him in his Lordships Patent and so rejected by the Iudges of the common Law The common Lawyers answer that without all question the sundry Statutes which declare the jurisdiction of the Court of Admiralty and wherein all the Subjects of the Realm have interest cannot be dispensed with by any non obstante statuto and therefore not worthy of any answer but by colour thereof the Court of Admiralty hath contrary to those Acts of Parliament encroached upon the jurisdiction of the common Law to the intolerable grievance of Subjects which hath oftentimes urged them to complain in his Majesties ordinary Courts of justice in Westminster-Hall for their relief in that behalf 6. The sixth Objection was that to the end that the Admirals jurisdiction might receive all manner of empeachment and interruption the Rivers beneath the first Bridges where it ebbeth and floweth and all the Creeks and Ports are by the Iudges of the common Law affirmed to be no part of the Sea nor within the Admirals jurisdiction and thereupon prohibitions are ordinarily awarded upon actions depending in that Court for Contracts and other things done in those places notwithstanding that by use and practise time out of minde the Admirals Court hath had jurisdiction within such Ports Creeks and Rivers The Judges answer was like to their first And 't was further added that for the death of a man or mayhm in those two cases only done in great Ships being and hovering in the main stream only beneath the point of some Rivers nigh unto the Sea and no other place of the same Rivers nor in other causes but only in those two the Admiral hath cognizance But for all Contracts Pleas and Quereles made or done upon a River Haven or Creek within any County of this Realm the Admiral without question hath no jurisdiction for then he should hold plea of things done within the Body of the County which are tryable by verdict of twelve men and meerly determinable by the common Law and not within the Court of the Admiralty according to the Civil Law for that were to change and alter the Lawes of the Realm in like cases and make those Contracts Pleas and Quereles tryable by the common Law of the Realm to be drawn off ad aliud Examen and to be sentenced by the Iudges of the Admiralty according to the Civil Law 7. The seventh Objection was that the Agreement made Anno 1575. between the Judges of the Kings Bench and the Court of the Admiralty for the more quiet and certain Execution of Admiral Iurisdiction is not observed as it ought to be The Iudges answered that the supposed Agreement mentioned in the Article hath not as yet bin delivered them but having heard the same read before his Majesty they answer'd that for so much thereof as differeth from these answers it is against the Lawes and Statutes of this Realm therefore the Iudges of the Kings Bench never assented thereunto as was pretended 8. The eighth Objection was That many other grievances there were which in discussing of these former would easily appear worthy of Reformation To this the Judges answered that this Article was so general as no particular answer can be made thereunto only it appeareth by that which hath bin said that the Lord Admiral his Officers and Ministers principally by colour of that Non obstante and for want of learned advice have injustly encroached upon the common Lawes of this Realm for which the marvel is the lesse because that the Lord Admiral his Lieutenants Officers and Ministers have without all colour intruded upon the