the Queens Chamber was consumed but after that repaired In the year 1397 King Richard II. caused the Walls Windows and Roof to be taken down and new made with a stately Porch and divers Lodgings of a marvelous Work and with great Costs which being finished Anno 1399. He kept a most Royal Christmas there with daily Justings and Runnings at Tilt whereunto resorted such a number of People that there was every day spent 28 or 26 Oxen 300 Sheep and Fowl without number He caused a Gown to be made for himself of Gold garnished with Pearl and precious Stones to the value of 3000 Marks There daily fed there 10000 People as appeareth by the Messes told out from the Kitchin to 300 Servitors A great part of this Palace was burnt Anno 1512 the 4th of Henry VIII since which time it hath not been Re-edified Only the Great Hall with the Offices near adjoining are kept in good Reparations and serveth as afore for Feasts at Coronations Arraignments of Great Persons charged with Treason and keeping of the Courts of Justice For whereas formerly the Courts and Benches followed the King wheresoever he went before and since the Conquest but being found to be troublesom chargeable and inconvenient to the People it was Anno 1224 9 H. 3. agreed that theâ—e should be a standing place appointed where Matters should be heard and judged which was in the Great Hall at Westminster I. The Court of COMMON-PLEAS Where he appointed Three Judgment-Seats viz. at the Entry on the Right-hand the Court of Common-Pleas So called because there are debated the usual Pleas between Subject and Subject as about Tenures of Lands and Civil Actions None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending in that Court Pleas are distinguished into Pleas of the Crown as Treason and Felony with Misprision of Felony which belong to the Kings-Bench and Common or Civil Pleas whereof this Court takes Cognizance This Court may grant Prohibitions as the Kings-Bench doth The Chief Judge is called the Lord Chief Justice of the Common-Pleas or de Communi Banco the Common Bench who holds his place by Letters Patents Durante Beneplacito and so do the other inferior Judges of this Court whereof there are commonly Three Here all Civil Causes Real and Personal are usually Tryed according to the strict Rule of the Law Real Actions are pleadable in no other Court nor Fines levied or Recoveries suffered but only in this Court The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine Also to the other Judges of this Court and to four Sergeants is allow'd Fees Reward and Robes to each one The Officers are many Custos Brevium three Protonatories Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoignes Clerk of the Outlawries which belongeth to the Attorney General who exercises it by Deputy c. For which at large see the Present State of England Pag. 102. Edit 1679. II. KINGS-BENCH At the upper End of the Hall on the Right-hand or South-east Corner the Court of Kings-Bench was appointed which is of a larger Extent of Power and more Uncontroulable than any other Tribunal For the Law presumes that the King is there still in Person He being Lord Chief Justice of England Himself yet it is observable that though He should personally sit upon the Bench He can pass no Sentence of Judgment but by the Mouths of His Judges who did use to sit there at His Feet when He was present After the House of Lords in Parliament this is the Highest Court in England and the Judicature in the Absence of the King belongs to His Judges In this Court are handled the Pleas of the Crown all things that concern loss of Life or Member of any Subject for then the King is concern'd because the Life and Limb of the Subject in the sense of the Law belong only to the King so that the Pleas here are between the King and the Subject Here are handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court hath power to Examine and Correct all Errors in Facto and in Jure of all the Judges and Justices of England in their Judgments and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and Mixt except only in the Exchequer In this High Court sit commonly four Grave Reverend Judges whereof the first is stiled The Lord Chief Justice of the Kings-Bench and is Created not by Patent but by a short Writ yet of large Extent in point of Authority thus Rex c. Mathaeo Hale Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda Durante beneplacito nostro teste Me Ipso apud Westm c. That is in English The King c. To Sir Matthew Hale Kt. Greeting Know ye That we have Constituted you our Capital or Chief Justice in Pleas held before Vs during Our Pleasure Witness My Self at Westminster c. The rest of the Judges of the Kings-Bench hold their Pleas by Letters Patents in these words Rex omniblis ad quos praesentes literae pervenerint Salutem Sciatis quod Constituimus Dilectum Fidelem nostrum A. B. Militem unum Justiciariorum ad placita coram nobis tenenda Durante beneplacito nostro Teste c. These Judges and all the Officers belonging to this Court have all Salaries from the King and the chief of them have Robes and Liveries out of the great Wardrobe In this Court all young Lawyers that have been called to the Bar are allowed to plead and practise This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their due Bounds and Jurisdiction The Jurisdiction of this Court is general extending to all England as before None can be a Judge in this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law and yet in the Writ or Patent to them made they are not called Sergeants who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after For the Officers of this Court see the Present State of England of the same Edition Pag. 98. III. CHANCERY On the Left-hand or South-west Corner sitteth the Lord Chancellor accompanied with the Master of the Rolls and eleven other Men learned in the Civil Law and called Masters of Chancery which have the King's Fee This Court is placed next the Kings-Bench to mitigate the Rigor of it It is Curia Cancellariae because as some think the Judge of this Court sate anciently intra Cancellos or Lattices as the East-end of Churches are separated per Cancellos from the Body of the Church as
peculiarly belonging to the Priest and were thence called Chancels This Court is Officina Justitiae the Fountain of all our Fundamental Laws and Proceedings in Law and the Original of all other Courts It is as antient as the Civility of the Nation though perhaps by another Name This Court proceeds either ordinarily according to the Laws Statutes and Customs of the Nation and in Latin granting out Writs Mandatory and Remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one The Equitable part is by Bills Answers and Decrees to Examin Frauds Combinations Trusts Secret Vses c. To moderate the Rigour of the Laws and Rescue Men out of the hands of their Oppressors To Relieve a Man especially in three things viz. against Cheats unfortunate Accidents and Breaches of Trust Out of this Court Issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any Person hath been Amerced too high are for a reasonable part of Goods for Widows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgments in inferior Courts Writs of Audita Querela and Scire Facias here are Sealed and Inrolled Letters Patents Treaties and Leagues with Foreign Princes Deeds between Party and Party touching Lands Estates or Purchasers taking Recognizances and making Extents upon Statutes and Recognizances for Payment of Money or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are between Subject and Subject hath its Original and Commission from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the Six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds only the Person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the Sole Judge whereas in other Courts there are three or four Judges But he may and doth often in Cases of greater Weight and Difficulty in Cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it has been frequently to their great Praise It is the highest Dignity in England that a Lay-Man is capable of it is Summum ambientis animi quasi solstitium and the Chancellor is Magistratum omnium Antistes Antiently the Lord Chancellor had somtimes his Vice-Chancellor commonly called Keeper of the Great Seal but of latter times they differ only in Name The Chancellor is said to be Keeper of the King's Conscience to Judge secundum aequum bonum according to Equity and Conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact Rigor and Letter of the Law whereunto other Judges are exactly tyed For the Princes of this Realm in imitation of the KING of Kings governing the Woâ—ld by Justice and Mercy have Erected two Supreâ—m Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy where in the Rigor of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the Quirks of Lawyers the more it is guided by Conscience and Equity The manner of proceeding in this Court is thus the Action is by Bill or Plaint the Witnesses Examined in private the Decrees in English or Latin not in French No Jury of Twelve Men but all Sentences are given by the Judge of the Court. The place of Master of the Rolls is of great Dignity in the Gift of the King for life or during pleasure This Officer hath Jure Officii the Gift of those considerable Officers of the Six Clerks in Chancery hath the keeping of the Rolls and in the absence of the Chancellor hears Causes and makes Orders by Vertue of a Commission with two Masters and that Jure Officii by right of Office This Court is always open whereas all the others are shut but only in Term time so that if a Man be wrongfully Imprisoned in the Vacation time out of Term the Lord Chancellor may Grant his Writ of Habeas Corpus and do him Justice according to Law so likewise may this Gourt Grant Prohibitions in time of Vacation as well as in Term time The Defendant is to Answer Bills and Interrogatories upon Oath though to the accusing of himself in divers matters Dammageable and Penal the Witnesses are to Depose upon Interrogatories and in perpetuam rei Memoriam by the Term and use of Final Decree agreeable with the Civil Law In the Master of the Rolls Office are kept all the Rolls since the beginning of King Henry the VII the rest are kept in the Tower of London In this Gift are besides the Six Clerks Office the Offices of the Examiners and three of the Clerks of the Petty-Bag-Office The Office of Clerk of the Crown is of High importance he is either by himself or Deputy continually to attend the Lord Chancellor for special matters of State and hath place in the Higher House of Parliament He makes all Writs for Election of Members of Parliament Sitting in Parliament upon Warrant directed to him upon the Death or Removal of any Member and also Commissions of Oyer and Terminer Goal-Delivery Commissions of Peace and many other Commissions distributing Justice to His Majesties Subjects The Office of the Protonotary of this Court is chiefly to expedite Commissions for Embassies The Office of the Clerk of the Hanaper or Hamper is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal daily in Term time and at all times of Sealing with Leather Bags now but antiently probably with Hampers wherein are put all the Sealed Charters Patents c. And then those Bags delivered to the Comptroller of the Hamper The Office of Warden of the Fleet or Keeper of the Fleet-Prison is very Considerable He is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt of the King or His Laws on such as will not pay their Debts c. The Sergeant at Arms Office is to bear a Gilt Mace before the Lord Chancellor or Keeper for the time being The Six Clerks are Officers of great account next in Degree to the Twelve Masters in Chancery whose Office is to Inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are Attorneys for Plaintiffs and Defendants in Causes depending in this Court Their Offices are at a place
called Six-Clerks-Office in Chancery-Lane they keep Commons together in Term time The Three Clerks of the Petty-Bag are under the Master of the Rolls they make all Patents for Customers Comptrollers all Congeâ—d ' Estires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament From the Subpoena-Office are Issued Writs to Summon Persons to appear in Chancery There are two Examiners who are to examin Witnesses upon upon their Oaths in any suit on both sides The Curssiters Office is to make out Original Writs they were antiently called Clerici de Cursu They are in Number 24 whereof each one hath certain Counties and Cities allotted to him They are a Corporation of themselves c. IV. EXCHEQVER Within the Port or Entry into the Hall on either side are ascendings up into large Chambers without the Hall adjoyning thereunto wherein certain Courts be kept namely on the Right hand is the Court of Exchequer which is so called as some think from a Chequer-wrought-Carpet covering the great Table in that Court or else from the French word Exchequer a Chess Board because the Accomptants in that Office were wont to use such Boards in their Calculation Here are Tried all Causes that belong to the King's Treasury or Revenue as touching Accounts Disbursements Customs and all Fines imposed upon any Man In this Court do Sit the Lord Treasurer the Chancellor of the Exchequer the Lord Chief Baron and Four other Learned Judges called Barons of the Exchequâ—r and one other Cursitor-Baron but the two first â—â—â—dom Sit and the five last seldom fail The first of these five is the Principal Judge of this Court which is a place of High Honour and Profit he iâ— stiled Lord Chief Baron is created by Letters Paâ—tents to hold this Dignity quam diu bene se gesseriâ— wherein he hath a more fixed Estate than the Chiâ— Justices of either Bench for the Law intends this aâ— Estate for Life In the absence of the Lord Chieâ— Baron the other three Barons supply his place acâ—cording to their Seniority but the 5 th is said to bâ— Cursitor of the Court and Administers the Oaths tâ— the Sheriffs under-Sheriffs Bayliffs Searchers Surveyors c. of the Custom-House In the Exchequer are held two Courts one oâ— Law another of Equity all Judicial proceedings according to Law are Coram Baronibus before the Barons but the Court of Equity held in the Exchequer-Chamber is Coram Thesaurario Cancellario Baronibus before the Treasurer Chancellor and Barons The Authority of this Court is of Original Jurisdiction without any Commission All the Twelve Judges belonging to these High Tribunals sit in Robes and Square Caps like Doctors of Divinity because as some say they were in old times most commonly Clergy Men. There are divers Officers belonging to the upper Exchequer as the King's Remembrancer in whose Office are Eight Sworn Clerks All Accounts pass there that concern the King's Revenue for Customs Excise Hearth-Money Subsidies and all aids granted to the King in Parliament and all other Accounts of what nature soever concerning the King's Revenue either Certain or Casual all Securities whether by Bond or Recognizances to the King for any of His Debts are taken here All proceedings upon any Statute by information for Custom Excises or any other Penal Law All proceedings upon the said Bonds or Recognizances or any other Bonds taken in the King's Name by Officers appointed thereunto under the Great Seal of England and transmitted into this Office for Recovery thereof From whence Issue forth Process to cause all Accountants to come in and Account c. This Office is in the King's Gift The Office of the Lord Treasurer's Remembrancer is to make Process against all Sheriffs Receivers Bayliffs c. for their Accounts and many other things of Moment as Estreal Rules all Charters and Letters Patents whereupon any Rents are reserved to the King This also is in the KING's Gift The Clerk of the Pipe hath all the Accounts and Debts due to the King drawn down out of the Remembrancers Office and chargeth them down out of the Remembrancers Office and chargeth them down in the Great Roll or Pipe and therefore probably called the Pipe-Office he hath under him Eight Sworn Clerks Here Accountants have their quietus est and here are made Leafes of extended Lands The Comptroller of the Pipe writes out all Summons twice every Year to the High Sheriffs to Levy the Farms and Debts of the Pipe He keeps a Roll of the Pipe-Office Accounts whereby to discover any thing that shall be amiss In the Office of the Clerk of the Pleas all the Officers of the Exchequer and other priviledged Persons as Debtors to the King c. are to have their Priviledge to Plead and be Impleaded as to all matters at the Common Law And the Proceedings are accordingly by Declarations Pleas and Trials as at the Common Law because they should not be drawn out of their own Court where their attendance is Required In this Office are four Sworn Attorneys To the Forâ—ign Opposers-Office all Sheriffs repair to be by him opposed of their Green-Wax and from thence is drawn down a Charge upon the Sheriffs to the Clerk of the Pipe This Office is kept in Grays-Inn The Office of the Clerk of the Estreats is to receive every Term the Estreats or Extracts out of the Office of the Lord Treasurer's Remembrancer and to write them out to be Levied for the King Also to make Schedules for such Sums as are to be discharged The Auditors of the Imprest Audit the Great accounts of the King's Customs Wardrobe Mint First Fruits and Tenths Naval and Military Expences Moneys imprested c. The Auditors of the Revenue Audit all the accounts of the King 's other Revenue that arise by Aids granted in Parliament The Remembrancer of the first Fruits and Tenths takes all Compositions for first Fruits and Tenths and makes Process against such as pay not the same This Office is kept in Hatton-Garden c. As to the other part of the Exchequer where the King's Revenue is received and disbursed the Principal Officer is the Lord Treasurer whose place is somtimes and is at this present managed by Commissioners appointed by His Majesty The next is the Chancellor of the Exchequer who is an Officer of great Account and Authority He hath a Principal Power not only in the Exchequer-Court but also here in the managing and disposing of the King's Revenue he hath the Custody of the Exchequer-Seal He hath the Gift of the Comptroller or Clerk of the Pipe of the Clerk of the Pleas of the Clerk of the Nichils and of the Seal of the Court He is also under Treasurer and hath the Gift of the two Praisers of the Court. Then there are two Chamberlains of the Exchequer in whose Custody are many ancient Records Leagues and Treaties with Foreign Princes the Standards of Moneys Weights and Measures those antient Books called Dooms-Day and the Black
sense of Honour in persons of Birth and Fortune engages them to preserve their Reputation These Colleges are called Inns which was the old English Word for the Houses of Noblemen or Bishops or men of great Note as the French word Hostel at Paris There are Two Inns of Sergeants Four Inns of Courts and Eight Inns of Chancery of which there are Nine within the Liberty of the City and five in the Suburbs Those within the City Liberties are Sergeants Inn Fleetstreet Sergeants Inn Chancery-lane For Judges and Sergeants only The Inner The Middle Temple in Fleet-street are Inns of Court Cliffords Inn Fleetstreet Thavies Inn Furnivals Inn Bernards Inn Staple Inn Holborn Are Inns of Chancery Without the Liberties are Grays Inn Holborn Lincolns Inn Chancery-lane Inns of Court Clements Inn New Inn Lyons Inn Inns of Chancery Of these we shall briefly speak in this Oâ—deras 1. The Sergeants Inns are so called because Divers Judges and Serjeants at Law keep their Commons and Lodge there in Term-time In these Inns or Colleges the Students of the Common-Law when they are arrived to the highest Degree have Lodging and Dyet They are called Servientes ad legem Sergeants at Law These are bred two or three years in the University and there chiefly versed in Logick and Rhetorick which are expedient for a Lawyer as also in the Theory of the Civil-Law and some knowledge in the French Tongue as well as Latine then the Student is admitted to be one of the Four Inns of Court where he is first called a Moot-man and after about seven years Study is chosen an Vtter Barrister and having then spent twelve years more and performed his Exercises of which more hereafter he is chosen a Bencher and sometime after a Reader During the Reading which heretofore was three Weeks and three Days as afore-mentioned the Reader keeps a Constant and sumptuous Feasting Inviting the Chief Nobles Judges Bishops Great Officers of the Kingdom and sometimes the King himself that it costs them sometimes 800 l. or 1000 l. Afterwards he wears a long Robe different from other Barristers and is then in a capacity to be made a Sergeant at Law when his Majesty shall be pleased to call him which is in this Manner When the Number of Sergeants is small the Lord Chief Justice of the Common Pleas by the advice and consent of the other Judges makes choice of six or eight more or less of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellor or Lord Keeper who sends by the Kings Writ to each of them to appear on such a Day before the King to receive the State and Degree of a Serjeant at Law at the appointed time they being habited in Robes of two Colours viz. Brown and Blew come accompanied with the Students of the Inns of Courts and attended by a Train of Servants and Retainers in peculiar Cloath-Liveries to Westminster-Hall and there in publick take a Solemn Oath and are Cloathed with certain Robes and Coifs without which they may be seen no more in publick After this they Feast the great Persons of the Nation in a very Magnificent and Princely manner give Gold Rings to the Princes of the Royal Family the Archbishops Chancellor and Treasurer to the value of 40 s. each Ring and to Earls and Bishops Rings of 20 s. To other Great Officers to Barons c. Rings of less value Out of these are chosen all the Judges of the King's Bench and Common-Pleas Wherefore all those Judges do always wear the white Linnen Coif which is the principal Badge of a Sergeant and which he has had the priviledge to wear at all times even in the King's presence and whilst he spake to the King though antiently no Subject may be so much as capped in the King's presence When any of the Judges are wanting the King by advice of the Council makes choice of one of those Sergeants at Law to supply his place and by Letters Patents Sealed by the Lord Chancellor who Constitutes him sitting in the middle of the rest of the Judges by a set Speech Declaring to the Serjeant that upon this occasion he is called to do Justice with Expedition and Impartiality to His Majesties Subjects causing the Letters Patents to be read and then Departs after which the Lord Chief Justice places the said Sergeant on the Bench Junior to all the rest and having taken an Oath well and truly to Serve the King and his People in his Office to take no Bribâ— to do equal and speedy Justice to all c. He sets himself to the Execution of his Charge Being thus advanced he hath great honour and a considerable Salary besides perquisites for each one hath 1000 l. a year from the King His habit of a Sergeant is somewhat altered his long Robe and Cap his Hood and Coif are the same but there is besides a Cloak put over him and closed on his Right Shoulder and instead of a Caputium lined with Minever or de minuto vario divers small pieces of white rich Fur only the two Lord chief-Chief-Justices and the Lord Chief-Baron have their Hoods Sleeves and Collars turned up with Ermine ☞ Note that the two Sergeants Inns belong to the twelve Judges and about twenty-six Sergeants The Fees in old times from a Client to a Sergeant at Law for advice in his Chamber or for pleading in any Court of Judicature was but 20 s. and the Fee of a Barrister 10 s. which is now more then is given in our Neighbour Nations but at present it is usual to give some some Sergeants 10 l. and some 20 l. and to a Barrister half as much at the pleading of any Considerable Cause so that some Lawyers gain 3000 or 4000 l. yearly in Fees and purchase great Estates in a few years and are sometimes advanced to be Peers of the Realm as late times especially have shewn When there was a call of Serjeants at Law it was almost incredible to hear of their preparations in old times they have often kept their Feasts in Ely House which was the Bishop of Ely's Palace in Holborn There was a call of Seven Sergeants in the year 1464. 4. E. 4. in Michaelmas Term who kept their Feast in this Palace to which Sir Matthew Philip Lord Mayor of London with the Aldermen Sheriffs and the most eminent Commoners were invited to which they came but the Lord Gray of Ruthen then Lord Treasurer of England was placed against the minds of the Serjeants as they said before the Lord Mayor who thereupon took such Distaste that he went away with the Aldermen Sheriffs and Commons without partaking of the Feast to the great trouble of the New Sergeants as well as the dissatisfaction of the City There was another Feast kept there for Five days by the Sergeants in the Year 1531. 23 Henry VIII where the King Queen and Foreign Ambassadors Dined as also the Lord Mayor the
9 28. Rutland 2 29. Shropshire 12 30. Somersetshire 18 31. Southampton Or Southamptonshire 26 32. Staffordshire 10 33. Suffolk 16 34. Surrey 14 35. Sussex 20 36. Warwickshire 6 37. Westmorland 4 38. Wiltshire 34 39. Worcestershire 9 40. Yorkshire 30 BARONS of the CINQUE-PORTS Port of Hastings 2 Town of Winchelsey 2 Town of Rye 2 Port of new Rumney 2 Port of Hieth 2 Port of Dover 2 Port of Sandwich 2 Port of Seaford 2 WALES 1. Anglesey 1 Bewmaris 1 2. Brecon 1 Town of Brecon 1 3. Cardigan 1 Town of Cardigan 1 4. Carmarthen 1 Town of Carmarthen 1 5. Carnarvan 1 Town of Carnarvan 1 6. Denbigh 1 Town of Denbigh 1 7. Flint 1 Town of Flint 1 8. Glamorgan 1 Town of Cardiff 1 9. Merioneth 1 10. Pembrook 1 Town of Haverford-west 1 Town of Pembrook 1 11. Montgomery 1 Town of Montgomery 1 12. Radnor 1 Town of Radnor 1 The Barons of the Cinque-Ports are at this Day only as Burgesses in Parliament yet they are still called Barons after the antient manner because heretofore they got Renown by their Exploits at Sea in defending the Kingdom in Memory whereof they have yet the priviledge to send Burgesses to bear the Cloth of State over the King's Head on the day of His Coronation and to Dine that Day in the King's presence The Writ or Summons to the Sheriff for Election of Members to Serve in the House of Commons runs to this purpose The KING to the Sheriff c. Greeting WHereas by the Advice and Assent of our Council for certain arduous and urgent Affairs concerning Vs the State and Defence of our Kingdom of England and the Church of England We have Ordamed a certain Parliament of Ours to be held at this Our City of the Day of next Ensuing and there to have Conference and to Treat with the Prelates Great Men and Peers of Our said Kingdom We command and strictly enjoyn you that making Proclamation at Our next County Court after the Receipt of this Our Writ to be holden the day and Place aforesaid you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Burrough two Burgesses of the discreetest and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the Tenor of the Statutes in that Case made and provided and the Names of the said Knights Citizens and Burgesses so châ—sen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the Parties so Elected be present or absent and shall make them to come at the said Day and Place so that the said Knights for themselves and the County aforesaid and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Boroughs may have severally from them full and sufficient Power to do and to consent to those things which then by the Favour of GOD shall happen to be Ordained by the Common Councel of Our said Kingdom concerning the businesses aforesaid so that the business may not by any means remain undone for want of such Power or by reason of the improvident Election of the foresaid Knights Citizens and Burgesses 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 certify without Delay unto Vs in Our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto Vs the other part of the Indenture aforesaid affixed to these presents together with the Writ Witness Our Self at c. The King is in the sence of Law the Fountain of Justice He is Lord Chief Justice of England and therefore all the Laws of the Realm are called His Laws for He is Caput principium finis Parliamenti that is the head beginning and end of Parliament and nothing can have the Force of a Law but what has His Royal Assent The highest Court of Judicature in England is the House of Lords in Parliament who are assisted with the most Grave and Eminent Lawyers of England both in Common and Civil Law who are only Ministerial there and have no Voices but to give their Opinions in matters of Law which become doubtful To the Judicature of this Supreme and most Honorable Court all other Courts and Persons that are Subjects of England are accountable for all Crimes not properly Tryable Remediable or Punishable in other inferiours Courts of Justice and to this Court all last Appeals are made from whose Sentence there lies no Appeal but to a succeeding Parliament and this Supreme Judicatory or Judicial Power lies only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation Impeach the Highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence All Members of Parliament both Lords and Commons that they may attend the publick Service of their Country are priviledged with their Menial Servants attending on their Persons together with all their necessary Goods brought along with them from all Attachments and Imprisonments for Debts Trespasses Account or Covenant all the time that they are on the way to the Place of Parliament all the time that they tarry there and return Eundo Morando ad propria redeundo but not from Arrests for Treason Felony or breach of the Peace The place of Meeting for this High and Honorable Assembly is in whatsoever City Town or House the King pleaseth but most usually at Westminster All the Lords Sit in a fair Room by themselves and the Commons not far from them in another Fair Room heretofore the antient Free Chappel of St. Stephen The King as oft as he comes which is usually at the opening of Parliaments passing of Bills or Solemn Debates is placed at the upper end of the Room in a Chair of State under a Cloth of State under which on either hand sit none but the King's Children On the King 's right hand is a Seat for the Prince of Wales on His left hand is a Seat for the Duke of York On the King 's right hand next the Wall are placed on a Form the two Archbishops next below on another Form the Bishops of London Durham and Winchester Upon other Forms on the same side the rest of the Bishops sit according to the Priority of their Consecration On the King 's left hand upon Forms are placed the Lord Chancellor Treasurer President of the King's Council the Lord Privy Seal if they are Barons above all Dukes except those of the Royal Family if they are not Barons then they Sit uppermost on the Wool-sacks On the same side Sit
of the said Doctors in a most Capacious and Beautiful manner where they keep their Courts and pleadings every Term which begins and ends almost at the same time with the Term at Westminster The Chief Court is that of the Arches so called from the Arched Church of St. Mary-le-Bow in Cheapside where this Court was wont to be held but now in the Common-Hall at Doctors Commons the Judge whereof is called the Dean of the Arches having Jurisdiction over a Deanry consisting of thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical matters within the Province of Canterbury to this belong divers Advocates all Doctors of the Civil Law two Registers and ten Proctors The Dean or Judge of the Arches sitteth alone without any Assessors and Heareth and Determineth all Causes without any Jury of Twelve Men. The manner is briefly thus Fist goes out a Citation then a Bill and Answer then by Proofs Witnesses and Presumptions the matter is Argued pro and con and the Canon and Civil Laws quoted and then the Definitive Sentence of the Judge passeth and upon that Execution But by Statute 25 Henry the VIII it was provided that it shall be Lawful for any Subject of England in Case of Defect of Justice in the Court of the Archbishop of Canterbury to Appeal to the King's Majesty in His Court of Chancery and that upon such an Appeal a Commission under the Great Seal shall be directed to certain Persons particularly Designed for that business so that from the Highest Court of the Archbishop there lyes an Appeal to this Court and beyond it to none other It is called the Court of Delegates and in Civil Affairs is the Highest Court in England Ecclesiastical Criminal Causes are Tried by way of Accusation Denunciation or Inquisition The first When some one takes upon him to prove the Crime The second When the Church-Wardens Present and are not bound to prove because it is presumed they do it without Malice and that the Crime is Notorious Thirdly By Inquisition when by reason of Common Fame inquiry is made by the Bishop ex Officio suo by calling some of the Neighborhood or the Party Accused to their Oaths But this Oath ex Officio was taken away by Parliament in the time of King Charles the First If the Party Accused after Admonition submits not he is Excommunicated from the Church and is disenabled to be a Plaintiff in a Law Suit c. Which is called Excommunicatio Minor Excommunicatio Major excludes from the Church and from Society in Temporal Affairs and that for Heresie Schism Perjury Incest or such grievous Crimes then a Man cannot be Plantiff or Witness in any Civil or Ecclesiastical Court. And if he continues Excommunicated 40 Days the King 's Writ de Excommunicato capiendo is granted out of the Chancery against him whereupon he is cast into Prison without Bail there to lye till he hath submitted to the Bishop and satisfied for what he is charged with by which many tender Consciences have suffered deeply There is an Anathematismus inflicted upon an obstinate Person that is Judged an Heretick wherein he is Curs'd and Rejected to Damnation There is also an Interdict Prohibiting all Divine Offices to a Place or People if against a People it follows them any where if against a Place the People may go elsewhere to hear Somtimes a Person Adjudged a Delinquent is punished another way which is called Publick Pennance and is to stand in the Church-Porch upon Sunday bare Headed and bare Footed in a White sheet and a White Rod in his Hand then he is to go into the Church and his Crime being publickly repeated and he professing Repentance is Absolved but in some Cases the Party may come off for Money to the Poor or some Pious Use which is not always converted that way Christian Burial is denyed to Persons Excommunicate or Perjured to such as are Hang'd for Felony or Kill themselves to Apostates Hereticks and Extortioners Somtimes the Clergy Men are suspened ab Officio viz. from the Exercise of their Functions somtimes there is a Deprivatio a Beneficio when deprived of their Livings somtimes they are Degraded that is Deprived of their Orders which is commonly for some Heinous Crime So much Briefly of these Censures and Punishments The Office of Actuary attending the Court of Arches is to set down the Judges Decrees Register the Acts of the Court and send them in Books of the Registry The Office of the Register is to Attend the Court by himself or Deputy and receive all Libels or Bills Allegations and Exhibits of Witnesses Files all Sentences and keeps the Records of the Court. The Beadle attends the Court carryeth a Mace before the Judge and calls the Persons Cited to appear The Judge and all the Advocates who are all Doctors of the Civil Law wear Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Miniver Furr if of Cambridge and the Proctors ought to wear Hoods lined with Lamb skin if not Graduates but if Graduates Hoods according to their Degree The Proctors are Persons that Exhibit their Proxies for their Clients and make themselves Parties for them and draw and give in Pleas or Libels and Allegations in the behalf of their Clients produce the Witnesses prepare the Causes for Sentence and and attend the Advocates with the proceedings All Arguments made by Advocates and all Petitions made by Proctors are to be in Latin All process of this Court runs in the Name of the Judge and returnable before him heretofore in Bow-Church but now in the Common-Hall at Doctors Commons The Places and Offices of this Court are in the Gift of the Archbishop of Canterbury These Ecclesiastical Laws consist of Canons made by General Councels the Opinion of Fathers the Decrees of several Bishops of Rome formerly admitted and our own Constitutions made antiently in several Provincial Synods which by 25 Henry VIII are in Force so far as they are not Repugnant to the Laws and Customs of England or the King's Prerogative Then the Canons made in the Convocations of latter times as Primo Jacobi and confirmed by him some Statutes Enacted by Parliament and divers old Customs not written but yet in use and where these fail the Civil Law takes place Amongst the Great Officers of the Crown which are Nine viz. the Lord High Steward of England the Lord High Chancellor the Lord High Treasurer the Lord President of the KING's Council the Lord Privy Seal the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Admiral of England The last only appertains to this place his Trust and Honour is so great that it has been usually given to the KING 's Younger Sons near Kinsmen or some of the Highest and Chiefest of all the Nobility He has the management of all Maritime Affairs as well in respect of Jurisdiction as
each other in which is manifest the Infinite Wisdom of the Soveraign Disposer of all things who has order'd Human Affairs to so due and regular a Subordination to each other and so necessary a Concatenation among themselves that by a perfect Symmetry or Symphony of Parts they conclude in a perfect Harmony of General Good to Mankind which Superlative Blessing should be improved to mutual Advantage and the Glory of the Supreme Author of it In this Chapter we Design to produce some Remarks with respect to Trade in some Particulars as 1. The Particular Advanges of London with Respect to Trade 2. Its Merchants 3. It s Trade into the Country 4. It s Trade to Foreign Parts 5. Of the twelve Principal Companies with their Coats of Arms c. 6. Of the other Corporations with their Coats of Arms. 7. Of the Custom-House 8. Of the Post-Office 9. Of Of the Rates or Fares of Watermen Carmen Coachmen 10. Of the Carryers Waggoners and Stage-Coaches that come to the Principal Inns with the Days of their coming in and setting forth to all the Principal Parts of England SECT 1. SOme of the Advantages of this great City were hinted Page third and fourth to which we shall add that one of the Supreme Advantages is by the goodly River of Thames which opening Eastward towards Germany and France is much more Advantageous for Traffick than any other River in England and it may be said without Vanity that no River in the World can shew a Braver sight of Ships than are commonly to be seen like a Floating Forrest from Black-Wall to London-Bridge which in continual Voyages Import all sorts of Goods either for Need or Ornament and Export our Superfluities to the extraordinary Advantage of all sorts of People high or low of this see more in the Section of the River Thames Another Advantage that London hath is its being Situate so farwithin the Land that it is plentifully supplyed with all necessary Provision from the Country at easie and indifferent Rates and the Manufactures of the Respective Counties which the City disperses to Markets beyond Seas in Recompence the Country is supplyed by the City with all sorts of necessary Merchandizes wanting there c. Insomuch that London is a large Magazine of Men Money Ships Horses Ammunition of all sorts of Commodities necessary or expedient for the Use or Pleasure of Mankind It is the mighty Rendezvous of Nobility Gentry Courtiers Divines Lawyers Physitians Merchants Seamen and all kind of Excellent Artificers of the most Refined Wits and most Excellent Beauties for it is observed that in most Families of England if there be any Son or Daughter that Excells the rest in Beauty or Wit or perhaps Courage or Industry or any other rare Quality London is their Pole-Star and they are never at rest till they point directly thither which vast Confluence besides being the Kings Chief and Imperial Seat where Parliaments and the Principal Courts of Justice are held where the Inns or Colledges of the Municipial Laws are Seated with the Great Houses of the Nobility and Ministers of State must needs bring a vast Advantage and Increase to Trade besides the most Exquisite Ornament and Gallantry that any Place in the World can shew SECT 2. Of the Merchants of London MErchandizing may be said to be an Art or Science invented by Ingenious Mankind for the Publick Good and Profit of all supplying as was said the Native wants of one Place by the abundance of others that do not Consume their own Growths Products or Manufactures Such as Negotiate and Traffick this way are called Merchants The things Sold or Exchanged are two First Wares or Goods And Secondly Moneys or Coyn which are usually Contracted or Bargained for three ways First When Goods are Exchanged for Goods that is so much of one Sort for like value of another and this is called Bartering usual here in old times and in many places of America Asia and Affrica in these days but in Process of time Men finding it too difficult and troublesom to carry about them all things thus Bargained and Truckt for from place to place invented a common Standard or Measure that should countervail and be in Value as all other things and be Accounted in Payments Satisfaction and Equivalency to all others and this is called Money of Gold Silver or other Mettals This Use of Money is as old as Abraham but it was not then Coyned but only in Pieces Unstampt and since by Authority of Princes it was divided into great and small Pieces and into several and Distinct parts and Denominations and Stampt or Coyned with several Characters denoting the true Weight and Value of the same This was done first by Servius in Rome of Brass whereon was Imprinted the Image of Sheep and Oxen betokening the Wealth and Riches of those days ten of those Pieces made a Denier or Penny and were called by Latines Denarii This was the Original of Money which afterward came to be Coyned of Silver and Gold Secondly The Second way is of Goods for Money and this is Termed Bargaining or Buying and Selling this Facilitates Merchandizing and to prevent the Inconvenience and Danger of the Carriage of Money about a Man another Medium was found and that was Thirdly Exchanging which is the giving of so much Money in one Place to one who should cause it to be again repay'd in another place by another for him In all Exchanges there is concluded two Payments two places and four distinct Persons viz. he that Payeth in one place and Receiveth in another and he that Receiveth in the one place and Payeth in the other and so no Man can Remit except there be another to Draw nor can any Receive except there be another Authorized to Pay The first of these ways was taught to Maâ—kind by Necessity the second was found out to Facilitate the first and the third to Facilitate the second Thus was the Original of Exchanges to Accommodate Commerce which was first Practized without Benefit or Loss or any other Consideration they using to Pay the Value of the very Sum Received but in time it came to be considered that the Party Paying loses time and runs a hazard and therefore it was held reasonable that he should have some benefit Hence Exchanges are converted to an Art or Mystery Moneys being remitted for benefit without so much respect to the end of its Original Institution In the first sort the Merchant ought to know the Commodities delivered and received the present Value of both the quality viz. whether lasting or perishable the property viz. whether of Natural growth or Artificial and lastly the quantity viz. whether plentifulâ— or scarce and in few Lands In the second sort the same things are necessary and also a knowledge how the things are bought and sold whether by weight as ponderous Goods by concave or long measures as Commodities of length or such as are Solid or Liquid A knowledge