England in some difficult cases were not wont to give Judgment until they had first consulted the King or his Privy Council Moreover the Lords and Commons assembled in Parliament have oft-times transmitted matters of high moment to the King and his Privy Council as by long experience and wisdom better able to judge of and by secrecy and expedition better able to transact some State Affairs then all the Lords and Commons together At present the King and his Privy Council take Cognisance of few matters that may well be determined by the known Laws and ordinary Courts of Justice but onely as aforesaid consult for the Publick Good Honour Defence Safety and Benefit of the Realm not medling with matters that concern Freeholds but matters of Appeal and sudden Emergencies The Lords of the Privy Council are as it were a part of the King incorporate with him and his Cares bearing upon their Shoulders that great weight that otherwise would lye wholly upon His Majesty wherefore of such high value and esteem they have always been that if a man did but strike in the House of a Privy Counsellor or elsewhere in his presence he was grievously Fined for the same and to conspire the death of any of them was made Felony in any of the Kings servants within the Check Roll and to kill one of them was High Treason A Privy Councellor though but a Gentleman shall have precedence of all Knights Baronets and younger Sons of all Barons and Viscounts The Substance of their Oath is That they shall according to their power and discretion Truly Justly and Evenly Counsel and Advise the King in all matters to be Treated in His Majesties Council that they shall keep secret the Kings Counsel c. By Force of this Oath and the Custom of the Kingdom of England a Privy Counsellor is made without any Patent or Grant and to continue onely during the Life of the King that makes him nor so long unless the King pleaseth Heretofore there hath been usually a Lord President of the Kings Privy Council a Dignity of so high Repute that by a Statute of Henry the Eight he is to take place in publick next to the Lord High Treasurer of England His Office was to speak first to business to report to His Majesty the Passages and State of businesses transacted at Council Table The last Lord President was the Earl of Manchester Father of the present Lord Chamberlaine To his Privy Councellors the King of England may declare or conceal from them whatsoever he alone judgeth fit and expedient qua in re saith the Excellent Sir Tho. Smith absolutissimum est hoc Regnum Angliae prae Venetorum Ducatu aut Lacedaemoniorum Principatu The King with the advice of his Privy Council doth publish Proclamations binding to the Subject provided that they are not contrary to Statute or Common Law In cases where the publick peace honour or profit of the Kingdom may be endangered for want of speedy redress there the King with his Privy Council usually make use of an absolute power if need be The Members of this most Honorable Council are such as his own free Will and meer Motion shall please to choose and are commonly men of the highest rank eminent for Estates Wisdom Courage Integrity c. And because there are few cases of moment so temporal but that they may some way relate to spiritual affairs therefore according to the general Rules of Policy and Government which God himself ordained amongst his chosen people the Jews the Privy Council as well as the great Council of Parliament is composed of Spiritual as well as Temporal persons some of the principal Bishops of England have in all times been chosen by His Majesty to be of his Privy Council The Lords of His Majesties Privy Council are at present these that follow His Royal Highness the Duke of York His Highness Prince Rupert Gilbert Lord-Archbishop of Canterbury Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal John Lord Roberts Lord Privy Seal George Duke of Buckingham Mr. of the Horse to His Majesty James Duke of Monmouth James Duke of Ormond Lord Great Steward of His Majesties Houshold Henry Marquis of Dorchester Henry Earl of Ogle Thomas Earl of Ossory Robert Earl of Lindsey Lord Great Chamberlain of England Edward Earl of Manchester Lord Chamberlain of His Majesties Houshold· Awbrey Earl of Oxford John Earl of Bridgwater Robert Earl of Leceister Henry Earl of S. Albans Edward Earl of Sandwich Arthur Earl of Anglesey John Earl of Bath Groom of the Stole to His Majesty Charles Earl of Carlisle William Earl of Craven John Earl of Rothes His Majesties Commissioner in Scotland John Earl of Lotherdale Secretary of State in Scotland John Earl of Tweedale John Earl of Middleton Richard Earl of Carbury Lord President of Wales Roger Earl of Orrery Humphrey Lord Bishop of London Henry Lord Arlington one of His Majesties Principal Secretaries of State Francis Lord Newport Comptroler of His Majesties Houshold John Lord Berkley Lieutenant of Ireland Densel Lord Holles Anthony Lord Ashley Chancellor of the Exchequer Sir Thomas Clifford Knight Treasurer of His Majesties Houshold Sir George Carteret Knight Vice-Chamberlain to His Majesty Sir John Trevor Knight one of His Majesties Principal Secretaries of State Sir Thomas Ingram Knight Chancellor of the Dutchy Sir William Morice Knight Sir John Duncom Knight Sir Thomas Chicheley Knight Master of the Ordnance These are all to wait on his Majesty and at Council Board sit in their Order bare-headed when His Majesty presides At all Debates the lowest delivers his opinion first that so he may be the more free and the King last of all declares his Judgment and thereby determines the mater in Debate The Time and Place of holding this Council is wholly at the Kings pleasure but it is most commonly held in the morning on Wednesday and Friday out of Parliament time and Term time and in the Afternoon in time of Parliament and Term. A Council is seldom or never held without the Presence of one of the Secretaries of State of whose Office and Dignity much more considerable in England than in other Nations take here this brief Account The Kings of England had antiently but one Secretary of State until about the end of Henry the Eight his Reign it was thought fit that weighty and important Office should be discharged by two Persons both of equal authority and both stiled Principal Secretaries of State In those days and some while after they sate not at Council Board but having prepared their business in a Room adjoyning to the Council-Chamber they came in and stood on either hand of the King and nothing was debated at the Table until the Secretaries had gone through with their Proposals But Queen Elizabeth seldom coming to Council that Method was altered and the two Secretaries took their places as Privy Counsellors which Dignity they have retained and enjoyed ever since and a
coming in not too late This office is now kept in Bishopsgate-street Of the Kings great Wardrobe THis Office was usually kept within the City near Puddle Wharfe in an antient House built by Sir John Beauchamp Son to Guy de Beauchamp Earl of Warwick and afterward sold to King Edward the Third The Master or Keeper of the Great Wardrobe is an office of great Antiquity and Dignity High Privileges and Immunities were conferred by Henry the Sixth and confirmed by his successors King James enlarged the same and ordained that this Great Officer should be an incorporation or Body Politique for ever His Office is to make Provisions for Coronations Marriages and Funerals to furnish the Court with Beds Hangings Carpets and other necessaries to furnish Houses for Ambassadors at their first arrival here Presents for Foreign Princes and Ambassadors Cloaths of Estate and other furniture for the Lord Lieutenant of Ireland Lord President of Wales and all His Majesties Ambassadors abroad to provide all Robes for Foreign Knights of the Garter for the Officers of the Garter Coats for Heralds and Pursuivants at Arms Robes for the Lord Chancellor Lord Treasurer c. Rich Liveries for the two Lords Chief Justice all the Barons of the Exchequor divers Officers in those Courts all Liveries for His Majesties domestick servants all Linnen for the Kings person c. To defray all the forementioned charges ordinarily there is expended yearly about twenty five thousand pounds besides all Extraordinaries as Coronations Funerals c. This Office is at present enjoyed by Edward Montague Earl of Sandwich one of His Majesties most Honourable Privy Council and Knight of the most Noble Order of the Garter The present Salary to his Lordship in compensation of all other antient Fees and Allowances is yearly 2000 l. The said House near Puddle Wharfe was long ago annext for ever to the Master of this Office but since the great Fire this Office is kept in the Savoy The chief Officers under the Master are a Deputy Thomas Townsend Senior Esq his Salary 200 l. and a Clerk Thomas Townsend Junior Esq whose Salary in compensation of all Fees and Allowances is yearly 300 l. Both these Officers had likewise fair dwelling houses which were also consumed by the fire Belonging to this Office are divers Tradesmen Artificers and others to the number of about 40 all sworn Servants to the King To this Office have lately been added by Patent during pleasure two cousiderable Officers viz. a Controuler Andrew Newport Esquire Brother to the Lord Newport and a Surveyour Colonel Bullen Reymes whose Salaries are 300 l. yearly to each one Of the Colledges in London THe Famous City of LONDON may not unfitly be stiled an University for therein are taught all Liberal Arts and Sciences not onely Divinity Civil Law Physick which in other Universities are usual are read here but also the Municipal or Common Law of the Nation is here taught and Degrees taken therein which can be said in no other Nation Moreover all sorts of Languages Geography Hydography the Art of Navigation the Art of Fortification Anatomy Chirurgery Chymistry Calligraphy Brachygraphy or Short-Hand the Arts of Riding Fencing Dancing Art Military Fire-works Limming Painting Enamelling Sculpture Architecture Heraldry all sorts of Musick Arithmetick Geometry Astronomy Grammar Rhetorick Poetry and any other thing that may any way contribute to the accomplishment of an ingenious Nobleman or Gentleman The Colledges of Municipal or Common-Law Professors and Students are 14 called still Innes the old English word for Houses of Noblemen or Bishops or of extraordinary note and which is of the same signification with the French word Hostel at Paris There are Two Inns of Sergeants Four Inns of Court and Eight Inns of Chancery The Inns of Chancery were probably so named because there dwelt such Clerks as did chiefly study the forming of Writs which regularly appertain to the Cursitors that are Officers of Chancery The first of these is called Thavies Inn begun in the Reign of Edward the Third and since purchased by Lincolns Inn as was also Furnivals Inn then there is Bernards Inn New Inn Clements Inn Cliffords Inn antiently the House of the Lord Clifford Staple Inn belonging to the Merchants of the Staple and Lyons Inn antiently a common Inn with the Sign of the Lyon These were heretofore preparatory Colledges for younger Students and many were entred here before admitted into the Inns of Court Now they are for the most part taken up by Atturneys Sollicitors and Clerks who have here their Chambers apart and their Dyet at a very easy rate in a Hall together where they are obliged to appear in grave long Robes and black round knit Caps These Colledges belong all to some Inns of Court who send yearly some of their Barresters to read to to these In these Inns of Chancery one with another may be about Sixty persons The Innes of Court were so named as some think because the Students therein are to serve the Courts of Judicature or else because antiently these Colledges received onely the Sons of Noble men and better sort of Gentlemen as Fortescue affirmeth Of these there are Four First The Two Temples heretofore the dwelling of the Knights Templers and purchased by some Professors of the Common Law above Three hundred years ago They are called The Inner and Middle Temple in relation to Essex House which was a part of the Knights Templers and called The Utter Temple because it is seated without Temple Bar. The two other Inns of Court are Lincolns Inn belonging anciently to the Earls of Lincoln and Greys Inn belonging to the Noble Family of the Greys In the Reign of Henry the Sixth they so flourished that there were in each of these about Two hundred Students and a Student then expended yearly about 20 l. Which was as much as Two hundred pounds now for they had usually as the French Nobles have now in their Academies every one an old discreet Servant and divers Masters for to instruct them in all laudable qualities and therefore saith the same Fortescue Ultra Studium legum sunt quasi Gymnasia omnium morum And the Students were onely saith he Nobilium Filii that is Gentlemen at least for so the word Nobilis was then taken here and is still in France And therefore by command of King James none were to be admitted into these Colledges but Gentlemen by descent Our Ancestors thought those of inferior rank would rather debase the honor of the Law and would be prone to chicane or play tricks and not like to be so fit for Trusts and Honors whereas the consideration of Birth and Fortune makes Men more careful of their Honor and Reputation These Societies are no Corporations nor have any Judicial Power over their Members but have certain Orders among themselves which have by consent the Force of Laws For lighter offences they are onely excommoned or put out of Commons not to eat with the rest and
that ground being but a Lease the present Fellows of this Colledge have purchased with their own Moneys a fair piece of Ground in Warwick-lane whereon they are now raising a sutable Edifice Of this Colledge there is a President Four Censors and Eight Elects who are all Principal Members of the Society and out of whom one is every year chosen to preside The Four Censors of the Colledge have by their Charter authority to survey correct and govern all Physitians or others that shall practise in London or within seven miles of the same to fine amerce and imprison any of them as they shall see cause Here followeth a List of all the Principal Physitians who now practise in London Socii Colleg. Med. Lond. SIr George Ent President Dr. Hamey Dr. Glisson Dr. Salmon Dr. Stane Censor Sir Alexander Frasier Dr. Micklethwait Dr. Paget Dr. Timothy Clark Dr. Goddard Censor Dr. King Dr. Cox Dr. Stanley Dr. Whistler Sir Charles Scarborough Dr. Wharton Dr. Merret Censor Dr. Samuel Collins Dr. Rugeley Sir William Petty Dr. Terne Sir John Babor Sir Edward Greaves Dr. Croyden Censor Dr. Bevoir Dr. Wolfe Dr. Luellen Sir John Finch Dr. Banes Dr. Walter Dr. Burwell Dr. Rogers Dr. Mills Dr. Lang. Dr. Betts Dr. Twisden Dr. Waldron Dr. Barwick Dr. Dacres Dr. Samuel Collins Dr. Collier Dr. James Clark Dr. Jasper Needham Dr. Henry Clark Dr. Carr. Dr. Packer Candidati Dr. Stracey Dr. Yerbury Dr. Allen. Dr. Hodges Dr. Millington Dr. Parker Dr. Jo. Smith Dr. Lawson Dr. Coysh Dr. Bruce Dr. Brooks Dr. Howarth Dr. George Smith Sir Thomas Bathurst Dr. Francklin Dr. Atfield Dr. Downes Dr. Trevor Dr. Croone Dr. Browne Dr. Burwell Dr. Short Dr. Marshall Socii Honorarii Dr. Frear Dr. Parker Dr. Gourdon Dr. Denton Sir John Colladon Dr. Meara Dr. Lampriere Dr. Bowle Dr. Bacon Sir Richard Napier Sir John Hinton Dr. Colestone Dr. Charleton Dr. Dawtrey Dr. Deodait Dr. Fogarsius Dr. Hames Dr. Jo. Skinner Dr. Timme Dr. Warner Dr. Harris Dr. Argall Dr. Arris Dr. Langham Dr. Meverell Dr. Stanley Sir Theodore de Veaux Dr. Witherley Dr. Titchborne Dr. Woodcock Dr. King Dr. Tayler Dr. Bright Dr. Moore Dr. Cursellis Dr. Walgrave Dr. Ball. Dr. Duke Dr. Harrison Dr. Man Dr. Barebone Dr. Napier Dr. Gelsthorpe Dr. Griffith Dr. Walter Needham Dr. Moesler Dr. Carter Dr. Trapham Dr. Henry Glisson Dr. Charleton Dr. John Clark Dr. Cavendish Dr. Dennis Gourden Dr. Bridgood Dr. Yardley Dr. Browne Dr. Paman Dr. Fisher Dr. Grinder Dr. Lawrence Dr Willis Dr. Dickenson Dr. Fielding Dr. Medford Dr. Grey Dr. Sagittary Dr. White Dr. Waterhouse Permissi Dr. Wedderburn Dr. Trist. Dr. Lenthall Dr. Barrough Dr. Broome Dr. Welman Dr. Vermuden Dr. Sydenham Antiently the usual Fee of a Doctor was 20 s. and of one that had not taken that degree 10 s. at present there is no certain rule But some that are eminent have received in Fees yearly 2 or 3000 l. and purchase great Estates which in other Countreys is very rare Besides the worthy persons mentioned in the List above there are divers Physitians that have good practice in London although they never had any Licence which is connived at by the Colledge and so is the too much practise of Empericks Mountebanks Pretended Chymists Apothecaries Surgeons Wise-women c. In which piece of folly the English surpass all the Nations of Christendom And yet by the Law of England if one who is no Physitian or Surgeon or not expresly allowed to practise shall take upon him a Cure and his Patient die under his hands this is Felony in the person presuming so to do Of the Colledge of Heralds NOt far from the Colledge of Doctors Commons stood the Colledge of Heralds that is of such as are to be Messengers of War and Peace that are skilful in Descents Pedigrees and Coats or Armories an Ancient House built by Thomas Stanley Earl of Derby who married the Mother of King Henry the Seventh and bestowed by Queen Mary on the Kings Heralds and Pursuivants at Arms for ever to the end that they and their Successors might dwell together if they so pleased and assemble confer and agree for the good Government of their Faculty and that their Records might there safely be preserved c. They were made a Colledge or Corporation by Charter of King Richard the Third and by him had several Priviledges granted unto them as to be free from Subsidies Tolls and all troublesome Offices of the Kingdom Afterwards another Charter of Priviledges was granted unto this Society by King Edward the Sixth in the third year of His Reign Of this Collegiate Society are first three stiled Reges Armorum Anglorum Kings at Arms six called Heralds and four Pursuivants at Arms. Amongst the Kings at Arms the first and principal is called Garter instituted by King Henry the Fifth whose office is to attend the Knights of the Garter at their Solemnities and to Marshal the Solemnities at the Funerals of all the higher Nobility of England to advertise those that are chosen of their new Election to call on them to be installed at Windsor to cause their Arms to be hung up upon their Seats there to carry the Garter to Kings and Princes beyond the Seas for which purpose he was wont to be joyned in Commission with some Principal Peer of the Realm c. The next is Clarencieux so called from the Duke of Clarence to whom he first belonged for Lionel Third Son to Edward the Third marrying the daughter and heir of the Earl of Ulster in Ireland had with her the Honor of Clare in the County of Twomond whereupon he was afterwards created Duke of Clarence or the Territory about Clare which Dukedom escheating to King Edward the Fourth by the death of His Brother George Duke of Clarence He made this Herald who properly belonged to that Duke a King at Arms and named him Clarentieux in French and Clarentius in Latin His Office is to marshal and dispose the Funerals of all the lower Nobility as Baronets Knights Esquires and Gentlemen on the South-side of Trent and therefore sometimes called Surroy or Southroy The third King at Arms is Norroy or Northroy whose Office is to do the like on all the North-side of Trent The two last are called Provincial Heralds England being by them divided into two Provinces These by Charter have power to visit Noblemens Families to set down their Pedigrees to distinguish their Arms to appoint Men their Arms or Ensigns and with Garter to direct the Heralds The Six Heralds anciently belonging properly to Dukes have been sometimes named Dukes at Arms and are thus called and ranked First Windsor secondly Richmond thirdly Chester fourthly Somerset fifthly York sixthly Lancaster Whose Office was anciently to attend Dukes in Marshal Executions Now they are to wait at Court attend Publick Solemnities Proclaim War and Peace c. thence perhaps named Heralds from two German words Here and Healt that is the Armies Champion to denounce War or offer Peace
be spared because it intimates a distinct interest between the King and His Subjects which is not onely false but very dangerous to be allowed of The King is Pater patriae the Money given to him is for our use and benefit if we are niggardly to him we injure ourselves c. The Bill for the Kings general Pardon hath but one reading in either House for this reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same reason When the Bill for the general Pardon is passed by the King the Answer is thus les Prelats Signeurs communes en ce Parlament assemblez au nom de tous vos autres sujets remercient tres humblement vostre Majeste prient Dieu vous donner en sante bonne vie longue All Acts of Parliament before the Reign of Henry 7. were passed and enrolled in French now in Engliâ—h Most of our antient Acts of Parliament run in this stile The King at the humble request of the Commons with the assent of the Prelates Dukes Earles and Barons hath ordained or enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth enact of later times it hath been thus Be it enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and of the Commons although the words of the Writ for summoning the Commons which ought to be the main rule is onely ad Consentiendum and not ad Consilium impendendum as it is in the Writ to the Lords and it is evident that the Commons in the late long Parliament made that an advantage for justifying their usurpations against the King in that point and so in another Parliament the Commons endeavoured to maintain that the Concurrence of the Lords was not always necessary in an Act of Parliament because 1 Edward 6. cap. 5. in passing that Act against transportation of Horses the Lords were casually omitted yet by the Register of the Lords House it appears that that Bill began first in the Lords House and there passed before the Commons took it in debate and therefore the Kings Council at Law is very curious in wording rightly all Acts before they are brought to the King and the Clerks of the Parliament as carefull in transcribing and registring them However it is to be wished that to prevent future mischief to this Nation some clauses in the late Act of Oblivion and Indemnity might be amended or at least explained and more especially about the beginning of that Act these words That all manner of Treasons c. since January 1637. and before June 1660. by vertue of any Authority from His late Majesty King Charles or His Majesty that now is be pardoned c. which words might possibly be foisted in designedly to insinuate as if according to that most absurd and Traiterous position of some of the Rebellious Members of the Long Parliament the Kings person or any commissionated by him could be guilty of Treason against the Kings Authority or against His two Houses of Parliament by pursuing of Rebels to bring them to Justice according to the Laws of the Land It were also to be desired that to prevent the great dishonour of making additional and explanatory Acts of Parliament so frequently as hath of late been done all considerable Bills of Publick concernment once read in either House of Parliament may before they be passed be exposed to the view of all comers as antiently among the Romans was usual to the end that any other person besides those of the two Houses may within the space of certain days freely propose in Writing or otherwise his exceptions additions alterations or amendments Sed haec obiter When those things for which the Parliament was summoned have been sufficiently treated and brought to a conclusion then the King doth usually adjourn prorogue or dissolve the Parliament in maner following The adjournments are usually made in the Lords House by the Lord Keeper in the Kings Name to what other day the King pleaseth and also to what other place if he think fit to remove them as sometimes hath been done and then all things already debated and read in one or both Houses continue to the next meeting in the same state they were in before the adjournment and so may be resumed In the like maner the Parliament is Prorogued but by a Prorogation there is a Session and then the Bills that were almost ready in both Houses for the Royal Assent not having it must at the reassembling of the Parliament begin anew The Speaker of the House of Commons upon notice given that it is the Kings pleasure that House shall also adjourn doth say with the assent of the House This House is adjourned When the Kings pleasure is to prorogue or dissolve the Parliament His Majesty commonly cometh in person with His Crown on his Head sendeth for all the House of Commons to come to the Bar of the Lords House and after the Kings answer to each Bill signified as aforementioned His Majesty usually makes a Solemn Speech the Lord Keeper another and the Speaker of the House of Commons a third then the Lord Keeper by the special command of the King doth pronounce the Parliament prorogued or dissolved Note That the King being head of the Parliament if his death doth happen during the sitting of the Parliament it is ipso facto dissolved Antiently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intended that every one hath notice by his representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside The Number of Persons that have have Place and Suffrage in both Houses To the Lords House belong 3 Dukes of the Royal Blood though one be infra aetatem 7 other Dukes 3 Marquises 56 Earls 9 Vicounts and 67 Barons in all 154. Then there are two Archbishops and 24 Bishops so that the Total is 180. But many being under age some sick and infirm others abroad in the Kings Service the ordinary number is about 100. To the House of Commons belong first for the 40 Shires of England two for each in all 80 Knights then one for each of the twelve Counties of Wales 12 Knights For 25 Cities in England two to each and London four in all 52 Citizens For the Cinque Ports 16 Barons for the two Universities two Burgesses for each For 168 Burroughs there are about 330 Burgesses for some few of those Burroughs send but one Burgess apiece Lastly in each of the 12 Counties of Wales there is one Burrough that sends only one Burgess so the total Number of the House of
Commons is a little above 500 persons whereof commonly near 200 are absent upon business or sickness c. Note that the Barons of the Cinque Ports are at this day onely as other Burgesses in Parliament but are still called Barons after the antient manner because heretofore they got great 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 Kings Head on the day of his Coronation and to dine that day in the Kings Presence A List of all the Knights Citizens Burgesses and Barons of the Cinque Ports that at present serve in the Parliament of England Bedford SIR Humphry Winch Bar. Sir John Nappier Bar. Town of Bedford Pawlet St. John Esq Sir William Beecher Kt. Berks. Richard Nevil Esq Sir Richard Powle Kt of the Bath Burough of New Windsor Sir Richard Braham Kt. Sir Thomas Higgons Kt. Borough of Reading Sir Thomas Doleman Kt. Richard Aldworth Esq Burough of Wallingford Sir John Benet Knight of the Bath Robert Packer Esq Borough of Abingdon Sir George Stonehouse Bar. Bucks Sir William Bowyer Kt. and Bar. Sir William Terringham Kt. of the Bath Town of Bucks Sir Richard Temple Bar. Sir William Smith Bar. Borough of Chipping Wiccomb Sir Edmond Pye Kt. and Bar. Sir John Burlace Bar. Borough of Aylesbury Sir Richard Ingoldsby Knight of the Bath Sir Thomas Lee Bar. Borough of Agmondesham Sir Will. Drake Kt. Sir Thomas Proby Bar. Borough of Wendever Richard Hampden Esq Robert Crooke Esq Borough of great Marlowe Peregrine Hobby Esq Charles Cheyney Esq Cambridge Sir Thomas Chicheley Kt. Sir Thomas Wendy Knight of the Bath Vniversity of Cambridge Thomas Crouch Master of Arts Sir Charles Wheeler Bar. Town of Cambridge William Lord Allington Roger Pepis Esq Chester Sir Foulke Lucy Knight Thomas Cholmly Esq City of Chester Sir Thomas Smith Bar. John Radcliff Esq Cornwall Sir Jonath Trelawny Kt. Sir John Corryton Bar. Borough of Dunhivid alias Launceston Sir Richard Edgecombe Knight of the Bath Sir Charles Harbord Knight His Majesties Surveyor General Borough of Leskeard John Harris Esq Barnard Greenvile Esq Borough of Lestwithiel Charles Smith Esq Silas Titus Esq Borough of Truroe John Arundel Esq Edward Boscawen Borough of Bodmin Sir John Carew Bar. Hender Roberts Esq Borough of Helston Sir William Godolphin Bar. Sidney Godolphin Esq Borough of Saltashe Francis Buller Junior Esq John Buller Esq Borough of Camelford Thomas Coventry Esq Sir Will. Godolphin Kt. Borough of Port-Pigham alias Westlow Sir Henry Vernon Bar. John Trelawny Esq Borough of Grampound Charles Trevanion Esq John Tanner Esq Borough of Estlow Henry Seymour Esq Sir Robort Atkins Kt. of the Bath Borough of Penryn William Pendarvis Esq John Birch Esq Borough of Tregony Hugh Boscawen Esq Thomas Herle Esq Borough of Bossiny Robert Roberts Esq Richard Rous Esq Borough of St. Ives James Praed Esq Edward Nosworthy Esq Borough of Fowey Jonathan Rashley Esq John Rashly Gent. Borough of St. Germains John Elliot Esq Edward Elliot Esquire Borough of St. Michael Matthew Wren Esq Francis Ld Hawley Borough of Newport John Speccot Esq Nicolas Morice Borough of St. Mawes Arthur Spry Esq Sir Joseph Tredinham Borough of Kellington Sir Cyril Wych Kt. Sam. Roll Esq Cumberland Sir George Fletcher Bar. Sir John Lowther Bar. City of Carlile Sir Philip Howard Kt. Christopher Musgrave Esq Borough of Cockermouth Sir Wilfrid Lawson Kt. John Clark Esq Derby William Lord Cavendish Sacheveril Esq Town of Derby John Dalton Esq Anchetel Grey Esq Devon Sir John Roll Knight of the Bath Sir Copplestone Bamfield Kt. City of Exeter Sir James Smith Kt. Robert Walker Esq Borough of Totnes Sir Edward Seymour Bar. Sir Thomas Clifford Kt. Borough of Plymouth Sir William Morice Kt. Sir Gilbert Talbot Kt. Town and Borough of Okehampton Sir Edward Wise Knight of the Bath John Harris Esq Borough of Barnstable Sir John Norcot Bar. Nicholas Dennis Esq Borough of Plympton Sir William Stroude Kt. Sir Nicholas Slanning Kt. and Bar. Borough of Honiton Sir Courtney Poole Bar. Peter Prideaux Esq Borough of Tavistok George Howard Esq William Russel Esq Borough of Ashburton Sir Geo. Sonds Kt. of the Bath John Fowel Esq Borough of Clifton Dartmouth Hardnes William Harbord Esq William Gould Esq Borough of Beeralston Sir John Maynard Kt. the Kings Sergeant at Law Joseph Maynard Esq Borough of Tiverton Thomas Carew Esq Henry Ford Esq Dorset Giles Strangeways Esq Sir John Strode Kt. Town of Poole Sir John Moreton Bar. Thomas Trenchard Esq Borough of Dorchester James Gould Esq John Churchill Esq Borough of Kings Lime Sir John Shaw Kt. and Bar. Henry Henly Esq Borough of Weymouth Sir John Covenrry Kt. of the Bath Sir Winston Churchill Kt. Borough of Kings-mellcombe Bullen Reymes Esq Anthony Ashley Esq Borough of Bridport Humphrey Bishop Esq John Strangewaise Esq Bor. of Shaston alias Shastbury Henry Whittacre Esq John Bennet Esq Borough of Wareham George Pit Esq Robert Culleford Esq Borough of Corfe Castle Sir Ralf Banks Kt. John Tregonwell Esq Essex Banestre Maynard Esq Sir John Bramstone Knight of the Bâ—rbâ— Borough of Colchester Sir Harbottle Grimstone Baronet Master of the Rolls Sir John Shaw Kt. Borough of Malden Sir John Tirril Kt. Sir Richard wiseman Kt. Borough of Harwich Thomas King Esq Sir Capel Luckin Gloucester John Grubham How Esq Sir Bainham Throgmorton Kt. City of Gloucester Sir Edward Massy Kt. Evan Seyes Serjeant at Law Borough of Cirencester Henry Fowle Esq John George Esq Borough of Tewksbury Sir Henry Capel Kt. of the Bath Richard Dowdswel Esq Hereford John Kerle Bar. Thomas Price Esq City of Hereford Roger Vaughan Esq Herbert Westphaling Esq Borough of Leompster Reynald Graham Esq Humphrey Cornwall esq Borough of Weobly John Barnaby Esq Sir Thomas Tompkins Kt Hertford Sir Richard Franklyn Knight and Baronet Will. Hale Esq Borough of St. Albans Sam. Grimston Esq Thomas Arris Doctor of Physick Borough of Hertford Sir Edward Turner Knight Speaker Thomas Lord Fanshaw Knight of the Bath Huntingdon Robert Vicount Mandeville Henry Williams Esq Borough of Huntingdon Sir John Cotton Bar. Lyonel Walden Esquire Kent Sir Thomas Peyton Bar. Sir John Tufton Kt. and Bar. City of Canterbury Thomas Hardâ—es Serj. at Law Sir Edward Masters Kt. City of Rochester Sir Francis Clerk Kt. Richard Heâ—d Esquire Borough of Maidstone Thomâ—s Heâ—lâ—ckenden Esquire Sir Robert Barneham Bar. Borough of Queenborough James Herbert Esquire Sir Edward Hales Bar. Lancaster Sir Roger Bradshaw Kt. Thomas Preston Esquire Borough of Lancaster Richard Kirkby Esquire Richard Harrison Esquire Borough or Town of Preston in Amounderness Edward Rigby Esquire John Otway Esquire Borough of Newton Richard Lord Gorges Richard Leigh Esq Borough of Wigon Charles Eâ—rl of Ancram Sir Jeofry â—hâ—kerley Kt. Borough of Clitheroe Sir John Heath Attorney of the Dutchy Ambrose Pudrey Esq Borough of Liverpoole Sir William Bucknell Kt. Sir Gilbert Ireland Kt. Leicester John Lord Roos George Faunt Esq Town of Leicester
concerning the Kings Revenue either certain or casual All Securities either by Bond or Recognizances to the Kings Majesty 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 Kings name by Officers appointed thereunto under the Great Seal of England and transmitted into this Office for recovery thereof From hence issue forth Process to cause all Accountants to come in and account In the Court of Exchequer there being a Court of Equity all proceedings touching the same are in this Office with many other things concerning the Kings Revenue This Office is in the Kings Gift Next is the Lord Treasurers Remembrancer John Osburn Esquire whose Office is to make Process against all Sheriffs Receivers Bailiffs c for their Accounts and many other things of moment as Estreat-Rules all Charters and Letters Patents whereupon any Rents are reserved to the King In this Office there were heretofore twelve sworn Clerks whereof the two first were called Secondaries but since the Tenures were taken away the said Office is declined and the number of Clerks diminished This Office also is in the Kings Gift Clerk of the Pipe is Sir Robert Crook Knight who hath all the Accounts and Debts due to the King drawn down out of the Remembrancers Office and chargeth them down in the Great Roll or Pipe and therefore probably was it called the Pipe Office He hath under him eight sworn Clerks William Burnet Esquire chief Secondary Nicholas Highmore Wil. Satterthwayte Burnet Junior Caryl c. Here also Accountants have their Quietus est and here are made Leases of extended Lands Comptroller of the Pipe Brewster Esquire who writeth out Summons twice every year to the High Sheriffs to levy the Farms and Debts of the Pipe he also keepeth a controlment of the Pipe that is keepeth a Roll of the Pipe Office Accounts whereby to discover any thing that shall be amiss Clerk of the Pleas is Richard Beresford Esquire in whose Office 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 Tryals as at the Common Law because they should not be drawn out of their own Court where their attendance is required Forrein Opposer is Charles Whittaker Esquire whose Office is whereunto all Sheriffs repair to be by him opposed of their Green Wax and from thence is drawn down a Charge upon the Sheriff to the Clerk of the Pipe this Office is kept in Greys-Inn Clerk of the Estreats Williams Esquire whose Office is to receive every Term the Estreats or Extracts out of the Office of the Remembrancer of the Lord Treasurer and to write them out to be levied for the King also to make Schedules for such Summs as are to be discharged Auditors of the Imprest Bartholemew Beal and Robert Wylde Esquires who audit the great accounts of the Kings Customs Wardrobe Mint First Fruits and Tenths Naval and Military Expences Moneys imprested c. Auditors of the Revenue there are seven Sir Edmond Sawyer Kt. John Philips Esq Sir Joseph Seymour Kt. Aldworth Parsons Morice Esquires and Sir William Godolphin Kt. These audiâ— all the accounts of the Kings other Revenue that ariseth by Aydes granted in Parliament Remembrancer of First Fruits and Tenths James Roger Esq whose Deputyes George Farrington and William Prettyman take all Compositions for First Fruits and Tenths and make process against such as pay not the same this Office is kept in Hatton Garden There are also two other considerable Officers called Deputy Chamberlains Mr. Vines and Mr Lawrence in whose Office at Westminster are preserved all the Counterfoyles of the Talleys whereof more anon so exactly ranged by Months and years that they may presently be found out to be joyned with their respective Stock or Tally when thereunto required which being done and proving true they deliver the same attested for a lawful Tally to the Clerk of the Pipe for to be allowed in the Great Roll but in case any corruption hath been used the same is easily and soon discovered and the Offender severely punished by Fine and imprisonment There are also divers other Officers as Clerk of the Parcels Clerk of the Nichils Marshals Usher of the Exchequer whose Office is executed by a Deputy also 4 under Ushers Of the other part of the Exchequer called by some the Lower Exchequer where the Kings Revenue is received and disbursed with admirable Order and Frugality THe Principal Officer is the Lord Treasurer of whom see the First Part of the Pres State of England Since the Death of the Earl of Southampton 1667. This great Office hath been in the hands of five Commissioners Now there are but three Commissioners the Lord Ashley Sir Thomas Clifford and Sir John Duncomb who execute the same at Whitehall They have each one a considerable Salary from the King There is one Secretary Sir George Downing Knight and Baronet Next is the Chancellour of the Exchequer who is also an Officer of great Account and Authority he hath a principal power not onely in the Exchequer Court but also here in the managing and disposing of the Kings Revenue he hath also the Custody of the Exchequer Seal This Office is injoyed by the forementioned Lord Ashley Then there are two Chamberlaines of the Exchequer Sir Nicholas Steward and Mr. Hyldiard in whose Custody are all Antient Records Leagues and Treaties with forreign Princes the Standards of Moneys Weights and Measures those antient famous Books called Doomes-day and the Black book of the Exchequer whereof the former is Liber Censualis totius Angliae the Tax Book of England made by William the Conqueror wherein is described all the Lands of England with the true value and their Owners name it was six years in making viz. from the 14th to the 20th year of that King and called at first Rotulus Wintoniae but since named Doomes-day Book because therein was set down an exact Account not onely of all the Cities Towns and Villages of England but the number of Families of Men Souldiers Husbandmen Bondmen Servants Cattle how much mony what Rent how much Meadow Pasture Woods Tillage Common Marsh Heath every one possessed and when any one cited or any difference arose about those things or Taxes c. there was no place for denying or deceiving the King whereof many men ever made little Conscience though all good Christians ever counted it a grievous and hainous sin when this Book was opened like as it will be at the opening of the Book at the great day of doom or general Judgment of the World This Book is kept under three Locks and Keys not to be lookt into under 6s 8d and for every line transcribed is to be paid 4d
Headborough to keep the Peace to secure offenders to bring them before the Justice c. Then for the Ecclesiastical Government of Villages there is as before hath been mentioned the Parson or Vicar who hath Curam Animarum the Care of Souls as the Lord of the Mannor hath in some measure Curam Corporum for which he hath the Tythes Glebe and Church Offrings hath under him the Church-wardens and Sides-men to take care of the Church and Church Assemblies the Overseers of the Poor to take care of the Poor Sick Aged Orphans and other Objects of Charity and Lastly the Clark to wait on him at Divine Service Thus admirable and excellent is the Constitution of the present English Government above and beyond any other Government in Christendom O Fortunatos nimium bona si sua norint Angligenas If English men did know their Bliss Too great would be their Happiness Of the Military Government of England IT was a smart Motto that the Great Henry the IV. of France Grandfather to our Gracious King now raigning caused to be engraven on his Great Guns Ratio Ultima Regum Intimating thereby that when Subjects refuse to submit to the Laws of the Land or Neighbours to the Law of Nations then Kings have recourse to Force and Armes to bring them to Reason So long as Subjects are prone to Sedition and Neighbour-Princes and States to Ambition there will be a necessity of a Military Power in every State both by Land and likewise by Sea where the Country is any where bordering on the Sea Of the Military power of England both by Land and Sea the King of England hath the sole supreme Power Government Command and disposition And neither one nor both Houses of Parliament have any right to levey any Forces or make any War Offensive or Defensive as they have at large declared in Parliament Anno 14 Car 2. By Land the next under the King was the late Duke of Albemarle who by His Majesties Commission dated 4 th of April 1660. at Breda was made Generalissimo of all His Majesties Forces in all His Three Kingdoms Horse and Foot Land Souldiers in pay as well within Garrison as without Since the Death of the aforementioned Duke the Horse and Foot which are in constant Pay are thus ordered there are four excellent Regiments of Foot The first is called the Kings Regiment consisting of 24 Companies and near 1700 men commanded by Coll. John Russel whose Lieftenant Coll. is Edw. Grey brother to the Lord Grey and whose Major is William Rolleston The next is the Duke of Yorks Regiment 720 men commanded by Sir Charles Littelton whos 's Lieft. Coll. is Sir John Griffith and his Major Nath. Dorrel Of the third Regiment 600 men Sir Walter Vane is Coll. Thomas Howard of Suffolk Lieft. Coll. and Sir Thomas Ogle Major Of the fourth Regiment 960 men the Coll. is the Earl of Craven his Lieft. Col. is Sir James Smith his Major John Millar There is also a Gallant Regiment of Horse consisting of 8 Troops about 500 Horse besides Officers commanded by the Earl of Oxford and his Major is Francis Windham His Majesty hath besides 3 compleat Troops for his Life Guards whereof one is called the Kings Troop consisting of 200 Horse and commanded by the Duke of Monmouth Another the Queens Troop 150 Horse and commanded by Sir Philip Howard and the third the Duke of Yorks Troop 150 Horse and commanded by the Marquis of Blanquefort whereof see more in the first Part of the Present State of England The pay of a Colonel of Foot is 20 s. per diem and of a Colonel of Horse 12 s. per diem the other Officers have proportionable pay Each Foot Souldier in London hath 10 d. a day and each Horseman 2 s. 6 d. a day Onely those of the Life Guard have each 4 s. a day The rest of His Majesties Forces that are in constant pay are disposed of into several Garrisons a List whereof follows Alphabetically with the names of their several Governors Barwick Lord Widdrington Carlile Sir Philip Musgrave Chepstow Captain Roger Vaughan Chester Sir Jeofry Shackerly Dover Capt. Strode Deale Capt Titus Guernsey Lord Hatton Gravesend Sir Francis Leak Harwich Sir Charles Littleton Hull John Lord Bellassis Jersey Sir Thomas Morgan Languard Fort Major Dorrell St. Maws Sir Viel Vivian Pendenis Richard Lord Arundel Plimouth Earl of Bath Portsmouth D. of York Sir Philip Honywood Lieutenant Governor Scarborough Sir Tho. Slingsby Scylly Isle Sir Will. Godolphin Shereness Sir Bourcher Wray Tinmouth Col. Edward Villars Tower Sir John Robinson Vpner Castle Windsor Castle Prince Rupert Isle of Wight Sir Robert Holmes York the Lord Freschevile In some of these Garrisons His Majesty is at the charge of above 500 men constantly each Garrison Souldier hath 8 pence a day Of all the land Forces in pay the Commissaries Gen. of Musters are Henry Howard of Suffolk and Sir Cecil Howard The Pay-master of all the Forces is Sir Stephen Fox The Judge Advocate Dr. Sam. Barrow For regulating and ordering His Majesties Land Forces that are in constant pay there are no Orders yet setled by Act of Parliament as there are for his Sea Forces but may be in a short time Besides the afore-mentioned Forces there is the standing Militia by Land of all England setled in the King to be governed ordered and enlarged from time to time as his Majesty shall see occasion For the management of these standing Land Forces the King himself makes choice of divers of the principal Peers of his Kingdome and by Commission creates them Lord Lieutenants of the several Counties of England with power to arm array and form into Companies Troops and Regiments to conduct upon occasion of Rebellion or Invasions and employ the men so armed within the Counties and Places for which the said Lords are commissioned or into any other County as the King shall give order To give Commissions to Colonels or other Commissioned Officers to present to the King the names of the Deputy-Lieutenants who have in the absence of the Lord Lieutenant the same power and these are to be of the prime Gentry of the County to charge any person in the County with Horse Horsemen and Arms or Foot Souldiers and Arms within the said County proportionable to their estates with limitation that no person be charged with a Horse unless he hath 500 l. yearly Revenue or 6000 l. in personal Estate No person to be charged with a Foot Souldier unless he hath 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together to find a Horse and Horseman or a Foot Souldier The forementioned Horse and Foot are to muster once or twice a year and each Horseman during the time of the Muster to be allowed him for whom he serves 2 s. a day and each Foot Souldier 12 d. a day For furnishing Ammunition and other Necessaries the Lord Lieutenant
Nations and excelled all Nations in making of good Lawes yet for their Sea-affairs referred all Debates and Controversies to the Judgement of these Rhodian Lawes Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitane not far from the Mouth of the Garonne where our famous Warriour King Richard the First caused to be compiled such excellent Laws for Sea matters that in the Ocean Sea Westward they had almost as much repute as the Rhodian Laws in the Mediterranean and these Lawes were called La Rool d' Oleron King Edward the Third who first erected this Court of Admiralty as some hold made at Quinborough 1375. very excellent Constitutions concerning Maritime affairs and many Statutes and Ordinances have been made by other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and Messina yet that fragment of the Rhodian Law still extant with the Comments thereon by the old Jurisconsults inserted in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still holds the Preeminence The Customes and former Decrees of the English Court of Admiralty are there of force for deciding of Controversies Under this Court there is also a Court of Equity for determining differences between Merchants In Criminal affairs which is commonly about Piracy the proceeding in this Court was by Accusation and Information according to the Civil Law by a mans own confession or eye-witnesses found gulty before he could be condemned but that being found inconvenient there were two Statutes made by H. VIII that Criminal affairs should be tried by Witnesses and a Jury and this by special Commission of the King to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes Between the Common Law of England and the Admiralty there seems to be Divisum Imperium for in the Sea so far as the Low-water Mark is observed that is counted Infra Corpus Comitatus adjacentis and Causes thence arising are determinable by the Common-Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between the Low-water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For regulating and ordering His Majesties Navies Ships of War and Forces by Sea See those excellent Articles and Orders in Stat. 13 Car. 2. c. 9. Of the Navy Office where the whole business concerning the Kings Vessels of War is managed FIrst There is the Treasurer of the Navy the Earl of Anglesy whose Office is to receive out of the Exchequer by Warrant from the Lord Treasurer of England and to pay all charges of the Navy by Warrant from the principal Officers of the Navy for which he hath salary 220 l. 13 s. 4 d. besides 3 d. in the pound of all moneys paid by him This Office is executed pro tempore by Sir Thomas Osburn and Sir Thomas Littleton for which there are allowed to each fifteen hundred pounds per annum Next the Controller of the Navy Sir John Mennes whose Office is to attend and controll all payments of wages to know the Market rates of all stores belonging to shipping to examine and audit Treasurers Victuallers and Store-keepers Accounts c. his Salary is 500 l. yearly This Office is executed at present by the Lord Vicount Brounker the forementioned Sir John Mennes and Sir Jeremy Smith together Surveyor of the Navy Collonel Thomas Middleton whose Office is generally to know the state of all stores and see the wants supplyed to find the Hulls Masts Yards and estimate the value of repairs by Indentures to charge all Boatswains and Carpenters of His Majesties Navy with what stores they receive and at the end of each voyage to state and audit their Accounts his Salary is 490 l. Clerk of the Acts Samuel Pepys Esquire whose Office is to record all Orders Contracts Bills Warrants and other businesses transacted by the Principal Officers and Commissioners of the Navy c. Next the Commissioners of the Navy viz. the forementioned Lord Brounker and Sir Jeremy Smith whose Office is as above specified and Salary to each 500 l. yearly Two other Commissioners John Tippets And John Cox Esquires whose particular work is to be at Portsmouth and Chatham alwayes in readiness to give Orders for the better management of His Majesties affairs in his Yards or Store-Houses there Salary to each is 350 l. yearly Each of these Officers above named have two Clerks and some of them more all payd by the Treasurer of the Navy all hold their Places by Patent from the King and the most of them during Pleasure The King hath for his Navy Royal and Stores 4 great Yards or Store-houses viz. at Chatham Deptford Woollwich and Portsmouth where his ships are built repaired and laid up after their voyages In which Yards are employed divers Officers whereof there are six Principal whose Office Names and Salaries follow  Chat. Dep. Wool Port. Clerk of the Check 181 108 98 126 Store-keeper 236 164 128 119 Master attendant 2 at Chatham 200 100 100 108 Master ship-wright 103 113  130 Clerk of the Controll 100 120 80 80 Clerk of the Survey 140 102  84 Note that the charges of their Clerks and Instruments are included in the aforementioned Salaries Besides these four Yards His Majesty hath divers Rope Yards as at Chatham Woolwich and Portsmouth where are made all His Cables and Cordage for His Navy Also in time of a Sea-war the King hath another Yard at Harwich where there is out of War time continued an Officer at the charges of 100 l. yearly Yearly Pensions allowed by the King to to his Flag-Officers whilst they are at Land of Employment Two Admirals  salaries  l. Sir George Askew 250 Sir Thomas Allen 245 Three Vice-Admirals Sir Joseph Jordan 200 Sir Edward Sprag 250 Sir John Herman 200 Three Rere-Admirals  l. Riches Uâ—bert 150 Sir John Kempthorn 150 John Hubbert 150 All the Fore-mentioned Officers and the whole Navy Office are governed by the Lord High Admiral of England whose Lieâ—tenant Admiral is the Earl of Sandwich Salary 20 s. per diem and 10 s. per mens for each servant whereof he is allowed 16. Lord Adm. Secretary is Matthew Wren Esquire his Salary from the King is 500 l. yearly All the other under Officers as well those in the several Yards as those belonging to any of His Majesties ships hold their places by Warrant from the Lord High Admiral durante bene placito The ordinary yearly Charge of His Majesties Navy in times of Peace continuing in Harbour is so well regulated that it amounts to scarce 70000 l. besides all charges of building of ships c. or setting forth any Fleets which some years even in peaceable times amounts to 12 or 1300000 l. more as may easily be
as the Feciales of the Romans did and from hence probably Seven Danish Kings and some Kings of Norway and of Sweden and some of England before the Conquest have had the name of Harold which is all one saith Verstegan with Herald These have no certain Province under them but by turns wait upon the Kings at Arms and have part of their Fees Of these Heralds in England there were anciently many and so likewise of Pursuivants whereof at present there are but four thus named Rouge Cross Rouge Dragon Portcullice and Blewmantle from such Badges heretofore worn by them as it is thought The service of these and of the Heralds and of the whole Colledge is used in marshalling and ordering Coronations Marriages Christnings Funerals Interviews Feasts of Kings and Princes Cavalcades Shews Justs Tournaments Combats before the Constable and Marshal c. Also they take care of the Coats of Arms of the Genealogies of the Nobility and Gentry briefly whatsoever concerns Honor is their care and study they are Tanquam Sacrorum Custodes Templi Honoris Aeditui All these receive Annual Stipends out of the Kings Exchequer They are all to be Gentlemen at the least and the Six Heralds are expresly made Esquires by the King when they are created Heralds Anciently the Kings at Arms were Created and solemnly Crowned by the Kings of England themselves and the Heralds and Pursuivants had their Creations from the Kings hand but of later times the Earl Marshal hath had a special Commission for every particular Creation and to do all that before was done by the King For the Creating and Crowning of Garter King at Arms there are first to be provided a Sword and a Book whereon to take a Solemn Oath then a Gilt Crown a Coller of S's a Bowl of Wine which Bowl is the Fee of the new created King also a Coat of Arms of Velvet richly embroidered His Creation is on this manner first he kneels down before the Earl Marshal and laying his hand on the Book and Sword another King at Armes reads the Oath which being taken and the Book and Sword kissed next are read the Letters Patents of his Office during which the Earl Marshal powres the Wine on his head and gives him the Name of Garter then puts on him the Coat of Armes and Collar of S's and the Crown on his head The Oath is to obey first the Supream head of the most noble Order of the Garter and then the Noble Knights of that Order in such things as belong to his Office to inquire diligently of all the Noble and notable Acts of every Knight of this Order and thereof to certify the Register of that Order that he may record the same and to give notice to the King and the Knights of the Order of the death of any of that Society to have an exact knowledge of all the Nobility to instruct Heralds and Pursuivants in doubts concerning the Office of Arms to eschew and avoid all persons of ill reputation to be more ready to excuse then to blame any noble person unless called by Authority to witness against them c. This Officer hath a double Salary double to the two other Kings and hath moreover Fees at the Instalments yearly wages given by the Knights of the Garter hath the uppermost Garment at their Installments c. The two Provincial Kings at Armes Clarentius and Norroy are created by Letters Patents a Book a Sword c. as Garter and with almost the same Ceremonies A Herald at Armes is also created with the like Ceremony onely his Coat of Armes must be Sattin embroidered and enricht with gold and must be brought in with two Heralds as the Kings at Arms are by two Kings at Armes They take a solemn Oath to be true to the King to be serviceable to Gentlemen to keep secrets of Knights Esquires Ladies and Gentlewomen to assist distressed Gentlemen and Gentlewomen Widows and Virgins to avoid Taverns Dicing and Whore-houses c. Pursuivants at Armes are created also by Letters Patents a Book a Bowl of Wine and a Coat of Arms of Damask and to be brought in as the Heralds before the Earl Marshal or his Deputy and to swear in solemn manner to be true to the King to be serviceable to all Christians to be secret and sober to be more ready to commend then to blame to be humble lowly c. This Office since the late dreadful fire is held in the Queens Court at Westminster where are some always waiting to satisfy comers touching Descents Pedigrees Coates of Armes c. as was formerly done at the forementioned house up in London which is now begun to be rebuilt by the Members of the Colledge and it is hoped may in a short time by the bountiful Contributions of all men that have any sence of Honour remaining be compleated to the glory of this City and Kingdom All of this Colledge being the Kings sworn servants the Reader may find a List of their Names in the First Part about the Kings Court. Within the Walls of London also is seated a Colledge built by the forementioned worthy person Sir Thomas Gresham and indowed in manner following After he had built the Royal Exchange he gave the Revenue thereof the one Moity to the Mayor and Commonalty of London and their Successors and the other moity to the Company of Mercers in trust that the Mayor and Aldermen should find in all time to come four able persons to read within this Colledge Divinity Geometry Astronomy and Musick and to allow to each of them besides their fair lodging 50 l. a year And that the Company of Mercers should find Three more able men to read Civil Law Physick and Rhetorick and to allow to each one of them besides fair Lodgings 50 l. a year And that these several Lecturers should read in Term time every day in the week except Sundayes aforenoon in Latin and afternoon the same in English The Musick Lecture to be read onely in English There is also within London another called Sion Colledge founded by Thomas White Doctor in Divinity for the use of the Clergy of London and of the Liberties thereof and a part thereof to be for 20 poor people to perform all which he gave 3000 l. and for the maintenance of those poor he setled 120 l a year for ever and 40 l. a year for a Sermon in Latin at the beginning of every quarter and a plentiful Dinner for all the Clergy that shall then meet there In this Colledge is a fair spacious Library built by John Sympson Rector of Saint Olaves Hart street and one of the said Doctor Whites Executors and by the bounty of divers Benefactors this Library hath been well furnished with Books chiefly such as are useful for Divines This Colledge felt the rage of the late Fire but is almost repaired again A little without the Walls stands another Colledge or Collegiate House called antiently the Chartreuse
the like whereof for spatiousness beauty and exact proportion no King in Europe can parallel of another Royal Palace called Saint James's of Clarendon-House which for situation and a uniform solid structure is admirable of the many stately uniform Piles in S. James's Fields of Northumberland-House of Britains Burse or the New Exchange a place excellently furnished with all kinde of choice Commodities and Wares for Ladies of York Salisbury and Worcester Houses of the Savoy a vast building first erected by Peter Earl of Savoy and Richmond Uncle to Eleanor Wife to our King Henry the Third who after purchased the same for Her Son Edmund Duke of Lancaster and is now a famous Hospital built all of huge Stone and more like a Kings Palace of another Palace called Somerset-House built by Edward Duke of Somerset Uncle to King Edward the Sixth of the uniform stately Buildings and forementioned large Piazza's or open places for which the Cities in Italy are so highly esteemed in Covent-Garden Lincolns-Inn Fields and Southampton Buildings not to be equalled in any of our Neighbor Countreys As for the Borough of Southwark granted by King Edward the Sixth by His Letters Patents to the Major Commonalty and Citizens of London called The Bridge Ward without and governed by one of the Twenty six Aldermen of London it hath nothing much remarkable onely that it is so rich and populous that it pays more in a Subsidy to the King and musters more Men then any other City in England besides London Lastly Very remarkable also is the Campaign or Country on all sides of this great City for the number of Royal Palaces the multitude of Stately Houses and Gardens of Noblemen the innumerable fair Summer Dwelling-Houses of the Wealthy Citizens the pleasant fertile Meadows enclosed Pastures and Corn Fields the abundance of Nurseries and Seminaries where are to be sold all sorts of Fruit-Trees Flowers Herbs Roots as well for Physick as for Food and Delight the frequency populousness and wealthiness of the Villages whereas the Campaigns about Rome and Madrid are more like Desarts The Arms of the City of London are Argent Cross-Gules with the Sword of S. Paul not the Dagger of William Walworth as some have conceited for this Coat did belong to this City before Walworth slew Wat Tyler the Rebel as Learned Antiquaries affirm Of the Vniversities of England THe English Universities are so famous beyond the Seas and so much surpass all other in the World that they abundantly deserve a larger account then can sute with the designed brevity of this Manual however they shall not be passed over in silence Nothing was ever devised more singularly beneficial to Gods Church and Mans happiness then what our Ancestors have to their eternal renown performed by erecting such admirable Structures for Learning as our Universities do contain and by providing thereby that choice parts after reasonable time spent in contemplation may be called forth to act and practice in Church and State In the beautiful Fabrick of the Kingdom of England the Two Eyes are the Two Universities Oxford and Cambridge those Two Nurseries or Seminaries of Learning and Religion which for number and magnificence of richly endowed Colledges for liberal Stipends to all sorts of Publick Professors for well furnished Publick and Private Libraries for large Charters Priviledges and Immunities for number and quality of Students for exact Discipline and Order are not to be parallel'd in the whole World They were anciently called Academies from a Grove so named new Athens whither Plato Xenocrates and other Philosophers retired for the study of Sciences Of later times they have been stiled Universities A Professione Universalium Scientiarum Artium liberalium An University now is properly an Incorporation under one Government of many Publick Schools ordained especially for the Study and Profession of Divinity Civil Law and Physick and also of Philosophy and of other Liberal Sciences and Arts as Hand-maids to the former Oxford Quasi Ousford Isidis Vadum the name of the cheif River whereon it is seated or perhaps from Bovis Vadum a Ford for Oxen to pass through before the use of Bridges as Thracius Bosphorus signifying the like is by the Germans called Ochenfurt It is seated at the meeting of two clear Fishy Rivers in such a healthy Air and pleasant rich Soyl that it hath anciently been called Bellositum or Baulieu It lies in 51 Degrees 50 Minutes Latitude and about 22 Degrees Longitude Oxford was a place of Publick Studies above Nine hundred years ago and much augmented not founded by the Learned Saxon King Alfred hath been very anciently reckoned the Second University amongst the Four Principal of Europe whereof the others are Paris in France Bononia now called Bologna in Italy and Salamanca in Spain and although Paris hath usually been named in the first place yet it hath been acknowledged to be Oxoniae Propago and if Paris for a time was more flourishing yet since in many respects is it excelled by this of Oxford Oxford is an antient City consisting of two sorts of Inhabitants viz. Students and Citizens living one amongst another though wholly separate for Government and Manners for when former Kings of England perceived that they could not as at Paris be separated by a River they thought best to disjoyn them as much as might conveniently be by Priviledges and whole manner of Government so that there are not the same limits for the University have them much larger nor the same stroke and Authority of Justice or power of Magistrates for the Chancellor of the University and in his absence his Vice-Chancellor is not onely in place but in all affairs of Moment though concerning the City itself superior to the Mayor of the Town Nor are they governed by the same kind of Laws for all Members of the University are subject to the Vice-Chancellors Judicial Courts which are ruled wholly by the Civil Law Over the University next under the King is placed the forementioned Magistrate called the Chancellor who is usually one of the Prime Nobility and nearest in favour with the Soveraign Prince Elected by the Students themselves in Convocation to continue durante vita whose Office is to take care of the Government of the whole University to maintain the Liberties and Priviledges thereof to call Assemblies to hear and determine Controversies call Courts punish Delinquents c. This great Honour is enjoyed at present by James Duke of Ormond Lord Steward of the Kings Houshold The next in Dignity amongst the Officers of the University of Oxford is the high Steward who is nominated by the Chancellor and approved by the University and is also durante vita whose Office is to assist the Chancellor Vice-Chancellor and Proctors upon their Requests in the execution of their Places also to hear and determine Capital Causes according to the Laws of the Land and Priviledges of the University so oft as the Chancellor shall require him This Honour is held by
Council is seldom or never held without the presence of one of them at the least Their employment being of extraordinary trust and multiplicity renders them most considerable both in the eyes of the King upon whom they attend every day as occasion requires and of the Subjects also whose requests and desires are for the most part lodged in their hands to be presented to the King and always to make dispatches thereupon according to His Majesties Answers and Directions As for Forraign Affairs the Secretaries divide all the Kingdoms and Nations which have intercourse of business with the King of England into two grand Provinces whereof each Secretary taketh one to himself receiving all Letters and Addresses from and making all dispatches to the several Princes and States comprehended within his own Province But in all matters of home concern whether they relate to the Publick or to particular persons both the Secretaries do equally and indistinctly receive and dispatch whatsoever is brought to them be it for the Church the Militia or private Grants Pardons Dispensations c. They have this special Honour that if either of them be a Baron he taketh place and hath the precedence of all other persons of the same degree though otherwise by their Creation some of them might have right to precede him and a Knight in like manner if he hath no other qualification They have their several Lodgings appointed them in all the Kings Houses as well for their own Accommodation as for their Office and those that attend upon it They have also a very liberal Diet at the Kings charge or Board-wages in lieu of it To shew how considerable their place is their setled allowance from the King in Salary and Pension is little less than Two thousand pounds Sterling per annum to each of them The Secretaries and Clerks whom they imploy under them are wholly at their own choice and have no dependance upon any other power or person besides themselves They have the Custody of that Seal of the King which is properly called the Signet the use and application whereof gives denomination to an Office constantly attending the Court called the Signet Office wherein there are four Clerks who wait alternately by Months and prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The present Secretaries of State are Henry Lord Arlington whom for his eminent Services at home and abroad both in War and Peace His Majesty was pleased to advance into the place of Sir Edward Nicholas And Sir John Trevor who for his great abilities and succesful Negotiations had that Trust and Honour conferred upon him when Sir William Morice late Secretary of State was by His Majesties gracious consent permitted to retire from business Waiting on the Privy Council there are Four Clarks in Ordinary who waite by Months each one he that comes in is always a week before and a week after his Month to assist there Their Office is to read what is brought before the Council and draw up all such Orders as the King and Lords shall direct and cause them to be Registred They are these that follow Sir Richard Brown Sir Edward Walker Sir John Nicolas Sir Robert Southwel Salaries to each 250. l. besides Fees for Orders and Letters c. Beside the forenamed Officers there is a Keeper of the Records John Woolly Esq no Fee Two Keepers of the Council Chamber Fee to each 45 l. Thirty Messengers whereof Ten at a time by turns waite every Moneth Fee to each 45 l. These upon Occasion are sent by Warrant of the Lords of the Privy Council to fetch any Person under the Degree of a Baron and to keep him Prisoner in his House till farther order Attending on the Secretaries are the Clerks of the Signet or Little Seal which is always in the Custody of the Secretaries for sealing the Kings Private Letters and for all such Grants as pass His Majesties hands by Bill assigned Of these Clerks there are four Sir John Nicholas Knight of the Bath Sir Philip Warwick Knight Trumbal Esquire and Sidney Bear Esquire These have no Fee from the King but onely Dyet which at Pension is 200 l. yearly Their Office is in Whitehall they waite by Month each of them three Months in a year One of them alwayes attends the Court wheresoever it removes and by Warrant from the King or Secretaries of State or Lords of the Council prepare such Bills or Letters for the King to sign as not being matters of Law are by any Warrants directed to them to prepare In their Office all Grants either prepared by the Kings learned Council in the Law or by themselves for the Kings hand when signed are returned and there transcribed again and that transcription is carried to one of the Principal Secretaries of State and Sealed and then it is called a Signet which is directed to the Lord Privy Seal and is his Warrant for issuing out a Privy Seal upon it which is prepared by the Clerks of that Seal is sufficient for the payment of any Moneys out of the Exchequer and for several other uses but when the nature of the Grant requires the passing the Great Seal then the Privy Seal is an Authority to the Lord Keeper to pass the Great Seal as the Signet was to the Lord Privy Seal to affix that Seal to the Grant but in all three Offices viz. Signet Privy-Seal and Great-Seal the Grant is transcribed So all which passes from the King hath these several ways of being considered before perfected There are also four Clarks of the Privy Seal viz. the Lord Sandwich whose Interest for his life is in one Mr Watkins Mr Baron Master Bickerstaff and Mr. More of their Office is to be seen in Stat. 27. of Henry 8. worthy to be noted To this Office in time when the Court of Request is in being belongs the Sealing of all Commissions and other process out of that Court. Moreover depending on the Secretaries of State is an antient Office called the Paper-Office the Keeper whereof hath in his Charge all the publick Papers Writings Matters of State and Counsel all Letters Intelligences Negotiations of the Kings publick Ministers abroad and generally all the Papers and dispatches that pass through the Offices of the two Secretaries of State which are from time to time transmitted into this Office and here remain disposed by way of a Library within His Majesties Palace of Whitehall This considerable Officer hath a Fee of 160 l. per annum payable out of the Exchequer and is at present that very worthy person Joseph Williamson Doctor of Laws After the Kings most Honorable Privy Council that Primum mobile or rather that Resort or Spring may be considered the Great wheeles first moved by that Spring which are the Convocation for the Ecclesiastical Government and the Parliament for the Civil But for the better understanding of the Ecclesiastical Government it will be
but for avoiding of tumults and trouble it was enacted by H. VI. that none should have any suffrage in the election of Knights of the Shire but such as were Freeholders did reside in the County and had yearly Revenue 40 s. which till the discovery of the Gold and Silver in America was as much as 30 or 40 l. now whence it came to pass that the Lay-Commons were then elected as the Clergy-Commons the Procuratores Cleri were and ever have been viz. sine Prece sine Pretio sine Poculo c. The persons elected for each County are to be Milites Notabiles or at least Esquires or Gentlemen fit to be made Knights as it is in the Statutes of H. VI. They ought to be de discretioribus Militibus ad laborandum potentioribus as the words in some Writs have been they ought not to be of younger years for then it would be Juvenaâ—us si sic loqui liceat potiús quam Senatus not lazy Epicures but men of years vigorous active and abstemious men that will be content to give their constant attendance in Parliament or else to enjoy neither Priviledge nor Expences allowed to every Member of the Commons House They ought to be native English men or at least such as have been Naturalized by Act of of Parliament No Alien or Denizon none of the Twelve Judges no Sheriff of a County no Ecclesiastical person that hath cure of souls may be chosen a Parliament man to serve for any County City or Burrough Two things are said to be requisite to the legality of sitting in Parliament first that a man should be of full age that is 21 years old at the least for if no man under that age can dispose of his Estate nor make one legal Act to that purpose then much less may he bear any part in the supreme power of the Nation to Judge Vote or Dispose of the Estate of the whole Realm yet the practice in the House of Commons though never in the House of Lords hath sometimes been otherwise All Members of Parliament both Lords and Commons that they may attend the publick Service of their Countrey 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 they are at Parliament and all the time they are on the way home again Eundo Morando ad propria redeundo for so were the old words but they are not priviledged from Arrests for Treason Felony or breach of the peace The place of meeting for the High and Honourable Assembly is in whatsoever City Town or House the King pleaseth but of latter times it hath been usually held at the Kings antient Palace and usual Residence at Westminster all the Lords in a fair Room by themselves and the Commons not far from them in another fair Room which was heretofore the antient free Chappel of S. Stephen The manner of sitting in the Lords House is thus The King as oft as he comes which hath usually been only at the opening of Parliaments or at the passing of Bills or at some solemn debates as the present King hath frequently done is placed at the upper end of the room in a Chair of State under a Cloth of State under which on either hand none but the Kings Children On the Kings right hand is a seat antiently for the King of Scotland when he was summoned to Parliament as he sometimes was in side legiantia but now it is for the Prince of Wales On the Kings left hand is a Seat for the Duke of York On the Kings right hand and next the wall are placed on a Form the two Archbishops next below on another Form the Bishops of London Durham and Winchester all the rest of the Bishops sit according to the priority of their Consecration On the Kings left hand upon Forms are placed the Lords Chancellor Treasurer President of the Kings Council and 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 Woolsacks On the same side sit the Dukes Marquisses and Earls according to their Creations Upon the first Form a cross the House below the Woolsacks sit the Viscounts and upon the next Forms the Barons all in Order The Lord Chancellor or Keeper if the King be present stands behind the Cloth of Estate otherwise sits on the first Woolsack thwart the Chair of State his Great Seal and Mace by him He is Lord Speaker of the Lords House Upon other Woolsacks sit the Judges the Privy Counsellors and Secretaries of State the Kings Council at Law the Masters of Chancery Thâ—se being not Barons have no suffrage in Parliament onely sit to give their advice when it is required The reason why these Sages are placed upon Woolsacks may probably be to mind them of the great importance of Wooll and Sheep to the Nation that it-never be neglected On the lowermost Woolsack are placed the Clerk of the Crown now Henry Barker Esquire and Clerk of the Parliament at present John Brown Esquire whereof the former is concerned in all Writs of Parliament and Pardons in Parliament the other recordeth all things done in Parliament and keepeth the Records of the same This Clerk hath also two Clerks under him who kneel behind the same Woolsack and write thereon Without the Bar of the Lords House sits the Kings first Gentleman Usher called the Black Rod from a black sttaff he carries in his hand under whom is a Yeoman Usher that waits at the door within a Cryer without and a Sergeant at Mace always attending the Lord Keeper When the King is present with his Crown on his head none of the Lords are covered The Judges stand till the King gives them leave to sit When the King is absent the Lords at their entrance do reverence to the Chair of State as is or should be done by all that enter into the Kings Presence-Chamber The Judges then may sit but may not be covered till the Chancellor or Keeper signify unto them the leave of the Lords The Kings Council and Masters of Chancery sit also but may not be covered at all The Commons in their House sit promiscuously onely the Speaker hath a Chair placed in the middle and the Clerk of that House near him at the Table They never had any Robes as the Lords ever had but wear every one what he fancieth most which to strangers seems very unbecoming the Gravity and Authority of the Great Council of England and that during their attendance on Parliament a Robe or grave vestment would as well become the Honourable Members of the House of Commons as it doth all the Noble Venetians both young and old who have right to sit in the Great Council
Bench so called because anciently the King sometimes there sate in person on a high Bench and his Judges on a low Bench at his Feet to whom the Judicature belongs in the absence of the King 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 concerned because the Life and Limbs of the Subject belong only to the King so that the Pleas here are between the King and the Subject Here are also handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court moreover hath power to examine and correct all Errors in facto in jure of all the Judges and Justices of England in their Judgements 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 thus Johanni Keeling Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste me ipso apud Westm The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenirint salutem Sciatis quod constituimus dilectum fidelem Richardum Rainsford 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 practice This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction of this Court is general and extendeth to all England is more uncontroulable than any other Court for the Law presumes that the King is alwayes there in person None may be Judge in this Court unless he be a Serjeant of the Degree of the Coif that is a Serjeant at Law who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after A List of the several Officers belonging to His Majesties Court of Kings-Bench LOrd Chief Justice Sir John Keeling Knight Justices are Sir Thomas Twisden Knight and Baronet Sir Richard Rainsford Knight Sir William Morton Knight Clerk of the Crown Sir Thomas Fanshaw Knight his Secondary Jasper Waterhouse Esquire Protonotary Sir Robert Henley Knight his Secondary William Livesay Esquire Marshal or Keeper of the Kings Bench Prison Stephen Mosedell Esquire Custos Brevium Justinian Paget Esquire Andrew Vivean and Francis Woodward Clerks of the Paper Office Sealer of the Writs Edward Coleman Gilbert Barrel Clark of the Rules Clerk of the Errors Henry Field George Bradford Clerk for Filing Declarations a Cryer Porter and some other inferiour Officers Then there are Filacers for the several Counties of England whose Office is in this Court to make out all Process upon original Writs as well real as personal and mixt They were lately these that follow Humphrey Ironmonger Edward Parnel James Buck Samuel Astrey Francis Greg John Hynde Thomas Stone Thomas Leach Gilbert Eveleigh Henry Ewin Joshua Langrige William Oglethorp John Philips William Osborn Rob. Hyde and Anthony Rouse The manner of Tryals in this and all other Common Law Courts in England being different from that of all other Countries and peculiar to England shall be at large described apart in a Chapter with other peculiars Of the Court of Common Pleas. THe next Court for execution of Laws is the Court of Common-Pleas so called because there are debated the usual Pleas between Subject and Subject Some say this Court as well as other Courts were at first held in the Kings House wheresoever he resided but by the Statute of Magna Charta it was ordained that this Court should not be ambulatory but be held at a certain place and that hath ever since been in Westminster-Hall None but Serjeants 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 This Court may grant prohibitions as the Court of the Kings Bench doth The chief Judge in this Court is called the Lord Chief Justice of the Common-Pleas or of the Common-Bench holdeth his place by Letters Patent durante bene placite and so do the other inferiour Judges of this Court whereof there are commonly three In this Court 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 levyed or Recoveries suffered but only in this Court at Westminster The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine â—s is done to the Lord Chief Justice of the other Bench also to the other Judges of this Court and to four Serjeants is allowed Fees Reward and Robes to each one In the 11th and 12th of Edward 3. there were eight Judges belonging to the Common Pleas at other times seven six and five and so in the time of Henry 6. and Edward 4. but since usually but four as at this day Before the Reign of Queen Mary these and the rest or the twelve Judges rode upon Mules and not upon Horses as they now do in great State aâ— the beginning of the Term. A List of the several Officers belonging to His Majesties Court of Common-pleas LOrd Chief Justice Sir John Vaughan Kt. Sir Thomas Tyrrel Kt. Sir John Archer Kt. Sir William Wylde Kt. and Bar. these are the present Judges of that Tribunal Then there is an Officer called Custos Brevium the first Clerk of the Court whose Office it is to receive and keep all Writs returnable in that Court to receive of the Protonotaries all the Records of Nisi Prius called Postea's He holdeth his Place by Patent from the King and hath the Gift of the second Protonotary's Place and of the Clerk of the Juries· Sir Joseph Ash hath this Office and doth execute it by his Deputy Thursby Esquire There are three Protonotaries a word compounded of Greek and Latin which with the Antients was usual and signifies the first Notaries they are chief Clerks of this Court and by their Office are to enter and inroll all Declarations Pleadings which the Filazers did formerly promiscuously do Assises Judgments and Actions to make out Judicial Writs c. These considerable Offices are in the hands of Thomas Robinson Alan Lockhart and Humphrey Wirley Esquires The Chirographer also from two Greek words signifying to acknowledge a Debt by setting ones
Next is the Auditor of the Receipts Sir Robert Long whose Office is to file the Bills of the Tellers whereby they charge themselves with all moneys received and to draw all Orders to be signed by the Commissioners of the Treasury for issuing forth all moneys by vertue of Privy Seals which are recorded and lodged in his Office He also makes debentures to the several Persons who have Fees Annuities or Pensions by Letters Patents from the King out of the Exchequer and directs them for payment to the Tellers He receives every week the state of the account of each Teller and also weekly certifies the whole to the Commissioners of the Treasury who immediately present the estimate or Ballance to the King He takes the Tellers Accounts in gross at Easter and Michaelmas By him are kept the several Registers appointed for paying all persons in course upon several Branches of the Kings Revenue He is Scriptor Taliorum hath five Clerks to manage the whose estate of Moneys received disbursed and remaining Next there are four Tellers Laurence Squib John Loving Esquires Sir George Downing aforementioned and Sir William Doily Kt. Their Office is to receive all moneys due to the King and thereupon to throw down a Bill through a Pipe into the Tally Court where it is received by the Auditors Clerk who there attends to write the words of the said Bill upon a Tally and then deliver the same to be entred by the Clerk of the Pells or his under Clerk who there attends to enter it in his Book then the Tally is cloven by the two Deputy Chamberlains who have their Seals and while the Senior Deputy reads one part the Junior examines the other part with the other two Clerks Clerk of the Pells is William Wardour Esquire whose Office is to enter every Tellers Bill into a Parchment skin in Latin Pellis whence this Office hath its name all receipts and payments for the King for what cause or by whom soever and is in nature of a Comtroller hath four Clerks whereof one is for the Introitus and another for the Exitus Moreover he is to make weekly and half yearly Books both of the Receipts and Payments which are delivered to the Commissioners of the Treasury In the Tally Court sit the Deputies of the two Chamberlains Edward Faulconbridge and John Low Esquires who cleave the Tallies and examine each piece a part A Tally in the Exchequer from the French Verb Tailler to cut is a very antient and most certain way of avoiding all cozenage in the Kings Revenue the like no where else in Christendom and is after this manner He that payes the King any moneys receives for his Acquittance a Tally that is the one half of a stick cloven with certain proportionable Notches thereon expressive of the sum from the said Deputy Chamberlains who keep the other cloven part of the stick called the Foyl and deliver it to the Tally-Joyners on the other side of the Exchequer who are also Deputies to the Chamberlains and they joyn it with the Foyl which agreeing they give it their Test and send it by an Officer of their own to the Pipe where their Quietus est is engrossed in Parchment Other Officers in the Exchequer are the two Ushers Robert and Philip Packer Esquires whose Office is to take care to secure the Exchequer by day and by night and all the Avenues leading to the fame and to furnish all necessaries as Books Paper c. There is also a Tally Cutter and four Messengers By long continuance and the wisest contrivances that the ablest men of many ages could invent the Exchequer of the King of England is become the best ordered publick Revenue in the world Though the number of Officers in the Exchequer is far greater than in any other of the Kings Courts yet not near so great as the Financiers and other Officers belonging to the Revenues of the French King who are so many that their Fees eat up three parts in four of the whole Revenue whereas for rewarding all the Officers in the English Exchequer whereof most are ever persons of Estates Parts and great Integrity it costs the King a very inconsiderable sum of money as will easily appear to any one who shall consider that in case of a gift from the King of Moneys or Pension out oâ— his Exchequer he that receives it pays but 5 l. per cent amongst the Tellers Auditors Clerk of the Pells and their Clerks and to all other Officers whatsoever and which is remarkable there goes not amongst the said Officers and Clerks so much as 5 s. per cent out of publick Payments as for the Navy Ordnance Wardrobe Mint to the Cofferer Treasurer of the Chamber c. In case of Moneys paid in by any of the Kings Tenants Receivers it costs them sometimes but six pence and at most but 3 s. for every payment under a thousand pounds and that goes only to the Clerks for their pains in writing and attending The bringing in of all moneys to the King costs his Majesty amongst Receivers Collectors and all others in the Country not above 2 s. in the pound and at his Exchequer it costs him in a manner nothing at all for the Tellers who are bound to the King in 20000 l. security for the true discharge of their great trusts have under 33 l. per an for their Salary from the King and the two Clerks of each Teller who constantly attend their Offices have nothing at all from the King The Court of the Dutchy of Lancaster THere is another Court at Westminster called the Court of the Dutchy of Lancaster which takes Cognizance of all Causes that any way concern the Revenue belonging to that Dutchy which hath been long since annext to the Crown The chief Judge of this Court is the Chancellor of the Dutchy who is assisted by the Atturney of the Dutchy There are divers other Officers of this Court a list of whose Names here follow Sir Thomas Ingram Chancellor and one of His Majesties most honourable Privy Council Sir John Heath Atturney Genera Sir John Curzon Receiveâ— General Sir Thomas Trevor Knight of the Bath and John Fanshaw Esq Auditors Sir Gilbert Gerard Clerk of the Dutchy Thomas Desborough Messenger This Court is kept at Westminster by the Lower Exchequer and the Office of Sir Gilbert Gerard at Grays Inn. Of the High Court of Chancery NExt to the Kings Bench in Westminster-Hall is wisely placed this High Court to mitigate the Rigour of that it is called Curia Cancellariae as some judge because as some think the Judge of this Court sate antiently intra Cancellos or Lattices as the East end of our Churches being seperated per cancellos from the body of the Church as peculiarly belonging to the Priest were thence called Chancels This Court is the Officina Justiciae the Womb of all our Fundamental Laws the Fountain of all our proceedings in Law the Original of all other Courts
of proceedings not used in Common Law Courts as the Defendants answering to the Bill and sometimes to the Interrogatories upon Oath though to the accusing of a mans self in divers matters dammageable and penal also by the whole manner of publication the depositions of Witnesses by the examining of witnesses upon Interrogatories and in perpetuam rei memoriam by the term and use of final Decree and many other points differing from the Common Law and wholly agreeing with the Civil Law This Court is alwayes open when all the others are shut but onely in Term time so that if a man be wrongfully imprisoned in the Vacation time out of Term the Lord Chancellour may grant his Writ of Habeas Corpus and do him justice according to Law So likewise may this Court grant Prohibitions in time of Vacation as well as in Term time A List of the several Officers belonging to the High Court of Chancery SIR Orlando Bridgman Knight and Barronet Lord Keeper of the Great Seal of England Then the 12 Masters of the Chancery as followeth Sir Harbottle Grimston Baronet Master of the Rolls Sir William Childe Knight Doctor of Laws Sir Justinian Lewin Knight Doctor of Laws Sir Thomas Escourt Knight Sir Mundeford Bramston Knight Doctor of Laws Sir Nathaniel Hobart Knight Sir William Glascock Knight Sir John Coel Knight Sir Robert Stewart Knight Sir Timothy Baldwin Knight Doctor of Laws Sir Andrew Harket Knight Sir William Beversham The House founded at first for the converted Jews was after their expulsson out of England annext for ever to the Office of Master of the Rolls where he hath the custody of all Charters Patents Commissions Deeds Recognisances which being made up in Rolls of Parchments gave occasion of the Name At present there are kept all the Rolls since the beginning of Henry 7. the rest are kept in the Tower of London In his gift are besides the six Clerks Offices the Offices of the Examiners and three Clerks of the Pettibag Next Clerk of the Crown Henry Barker Esquire this Office is of high importance he is either by himself or Deputy continually to attend the Keeper of the Great Seal for special matters of State and hath a place in the Higher House of Parliament he makes all Writs for summoning Parliaments and upon a Warrant directed to him by the Speaker of the House of Commons upon the Death or removal of any Member he makes a Writ for a new Election Protonatary of this Court is Robert Pescod Esquire this Office is chiefly to expedite Commissions for Embassies It is executed by a Deputy Clerk of the Hamper or Hannaper sometime stiled Warden of the Hannaper Whose Office 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 dayly in Term time and at all times of Sealing with leather baggs now but antiently probably with Hampers wherein are put all sealed Charters Patents c. and then those Baggs delivered to the Comptroller of the Hamper This Office is now enjoyed by Henry Seymer Esquire and executed by a Deputy Warden of the Fleet or Keeper of the Fleet-Prison is an Office very considerable and is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt to the King or his Laws or such as will not pay their Debts c. The present Warden is Sir Jeremy Whitchcote It is executed by a Deputy Serjeant at Armes is Humphrey Ley Esq whose Office is to bear a great gilt Mace before the Lord Keeper c. 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 were antiently Clerici and afterwards forfeited their places if they did marry till by Act of Parliament in the time of Hen. 8. they were allowed to take Wives They are also Atturneys for Plaintiffs and Defendants in causes depending in this Court The present six Clerks Sir John Marshal Matthew Pindar Esq Matthew Bluck Esq Sir Cyril Wyche John Wilkinson Esq and Edward Abney Esq who sit altogether at their Office in Chancery Lane Examiners in Chancery there are two Sir Robert Peyton and Sir Nicholas Strode Their Office is to examine the Witnesses in any suit on both sides on their Oaths This Office also is executed at the Rolls Clerks of the Petty Bag in Chancery are three Edmund Warcup Esq John Hobson Esq and George Low Esq they are under the master of the Rolls Their Office is to make all Patents for Customers Comtrollers all Conge d' eslires first summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The Subpena Office is to issue out Writs to call a person into Chancery This Office is in the hands of Frances Lady Vane Sir Walter Vane and Charles Vane and executed by a Deputy Clerk of the Patents or of Letters Patents under the Great Seal of England is Sir Richard Pygot and executed by a Deputy erected 16 Jac. The Register of the Court of Chancery the Farl of St. Albans under whom are three Deputy Registers for the Court two Deputy Registers for the Rolls two entring Clerks and a Keeper of the Books Cursiters Office in the Chancery is to make out Original Writs they were antiently called Clerici de Cursu of these there are twenty four whereof each one hath certain Counties and Cities allotted to them into which they make out such Original Writs as are required These Clerks are a Corporation within them-themselves and are all persons of Quality whose names follow The Names of the Cursiters now in being are these that follow JOhn Symonds Principal William Barker Assistants Benjamin Gladman Assistants Henry Edmonds Ge. Norbury Abr. Nelson Rich· Plumpton Roger Brown John Norbury Richard Cross Edmund Eyre Will. Adderley Abr. Skynner Jo. Shelbury Will. Plumpton Thomas Fisher Elias Gladman Roger Twisden Ben. Storke John More William Loe. H. Amhurst Philip Barecroft Rich. Parmee Esquires who execute these Offices by themselves or by their Deputies This Office is kept near Lincolns Inn. Clerk of the Presentations of Spiritual Benefices Edwes Esquire Commissioners Sir George Courthop Sir Edm. Turner Halsal Esq Alienation Office N. Crew Esq Receiver Gen. Joh. Nichols All the forementioned Courts of Judicature at Westminster are opened four times the year called the four Termes viz. Easter Term which beginneth alwayes the seventeenth day after Easter and lasteth 27 dayes Trinity Term begins the 5 th day after Trinity Sunday and lasteth 20 dayes Michaelmas Term began heretofore a little after that Feast but now by a late Statute begins the 23 October and lasteth 37 dayes Lastly Hilary Term begins now 10 dayes after St. Hilary Bishop or the 23 of January and lasteth 21 dayes so in all 105 dayes from whence must be deducted about 20 Sundayes and Holydayes which
are as the Dies Nefâ—sti wherein the Courts sit not so that in one fourth part of the year and that in one City all considerable causes of the greatest part of England are fully decided and determined whereas in forreign parts the Courts of Justice are open all the year except high Holydayes and Harvest and that in all great Cities This may seem therefore strange to all Forreigners till they know that the English have alwayes been given more to peaceableness and industry then other people and that rather then go so far as London and be at so great Charges with Attourneyes and Lawyers they will either refer their differences to the Arbitration of their Parish Priests who do or ought to think it a Principal part of their Duty to reconcile differences within their Parishes or to the Arbitration of honest Neighbours or else are content to submit their differences to tryal before the Judges of Assises or the Itinerant Judges who twice a year viz. after the end of Hilary Term and after the end of Trinity Term two by two of these principal Judges ride several Circuits and at the Principal Town of every County sit to hear and determine all Causes of lesser moment both civil and criminal a most excellent wise Constitution begun by King Hen. 2. Anno 1176. who at first divided England into six Circuits not the same that are now and to each Circuit allotted three judges Wales also is divided into two Circuits North and South Wales for which are designed in like manner two Sergeants at Law for each Circuit These Judges give Judgment of the Pleas of the Crown and all Common Pleas within those Counties dispatching ordinarily in two or three days all Controversies in a County that are grown to issue in the fore-mentioned Courts at London between Plaintiffs and Defendants and that by their Peers a Jury of 12 men ex viceneto out of the neighbourhood where about the business lyes So that twice a year in England and Wales Justice may be said to be rightly and speedily administred even at our own doors Besides the forementioned Courts at Westminster Henry 8. erected for the more ease of the Subject a Court in the North of England another for the County of Wales and Counties adjoyning and intended another for Cornwall and Devonshire and these in manner of those Courts called in France Parlements where all cases might be decided both according to the Laws of England and according to equity in Chancery Of these Courts that for Cornwal was never fully erected those people desiring rather to come to London for Justice that of the North was by the late long Parliament taken away and so was that of Wales but this last since the Restauration of the King again erected Of this Court or Council of the Marshes of Wales is a Lord President at present the Lord Vaughan Earl of Carbury divers Councellors Secretary Attourney Sollicitor Surveyor who have Salaries from His Majesty HAving given a brief Account of the Civil Government of all England in General next shall be described the particular Government of Counties Hundreds Cities Burroughs and Villages For the Civil Government of all Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers men of worth and parts who have their usual residence in the County so many as His Majesty pleaseth to keep the Peace of the County and these by Commission under the great Seal are called Justices of Peace and such of them in whom the King doth more particularly confide or respect are called Justices of the Quorum from those words in the Commission Quorum A. B. unum esse volumus that is some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of Peace and Quorum is by the Lord Keeper made Custos Rotulorum so called because he hath the Custody of the Rolls or Records of the Sessions and is to bring them to each Quarter Sessions The Original of Justices of Peace is from the first year of Edward 3. Their Office is to call before them examine and commit to Prison all Theeves Murderers wandring Rogues those that hold Conspiracies Conventicles Riots and almost all other Delinquences that may occasion the breach of Peace and quiet to the Kings Subjects to commit all such to prison as either cannot or by Law are not to be bailed that is cannot be set at liberty by Sureties taken for their appearance at a place and time certain land to see them brought forth in due time to Tryal Every Quarter or three months the Justices meet at the chief or Shire Town where the Grand Enquest or Jury of the County is summoned to appear who upon Oath are to inquire of all Traitors Hereticks Theeves Murderers Money-coiners Riots c Those that appear to be guilty are by the said Justices committed to prison to be tryed at the next Assises when the Judges of Westminster come their Circuits aforementioned For execution of Laws in every County except Westmorland and Durham the King every Michaelmas Term nominates for each County a Sheriff that is a Reeve of the Shire Praepositus or Praefectus Comitatus a Governor or Guardian of the County for the words of the Patent are Commisimus tibi Custodiam Commitatus nostri de N. The Sheriffs Office is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to empannel Juries to bring Causes and Criminals to Tryal to see the sentences both in Civil and Criminal affairs executed to wait on and guard the Itenerant Judges twice a year so long as they continue within the County which at the Assises is performed with great Pomp Splendor Feasting c In order to the better execution of his Office the Sheriff hath attendant his Under-Sheriff divers clerks Stewards of Courts Bayliffs of Hundreds Constables Gaolers Sergeants or Beedles besides a gallant train of servants in rich Liveries all on Horseback at the Reception of the Judges He was antiently chosen as Knights of the Shire but to avoid Tumults it is now thus Every year about the beginning of November the Judges Itinerant nominate six fit men of each County that is Kts. or Esquires of good Estates out of these the Lords Keeper Treasurer Privy Councellors and 12 Judges assembled in the Exchequer Chamber and sworn make choice of three of which the King himself after chooseth one to be Sheriff for that year only though heretofore it was for many years and sometimes heriditary as at this day to the Cliffords who by dissent from Robert de Vipont are Sheriffs heriditary of the County of Westmoreland by Charter from King John Furthermore the Sheriffs Office is to collect all publick profits Customes Taxes of the County all Fines Distresses and Amerceaments and to bring them into the Kings Exchequer or Treasury at London or else where as the King shall appoint The
447 150 38 Welcome 400 150 38 Yarmouth 608 180 44 Fifth Rate    Augustin 300 110 26 Briar 180 90 18 Colchester 287 110 24 Convert 250 110 26 Coventry 200 110 20 Dartmouth 220 110 22 Dolphin 130 80 14 Eagle 299 110 22 Forester 230 110 32 Fame 200 95 20 Gift 300 100 26 Garland 2â—5 1â—0 20 Greyhound 150 90 22 Half-Moon 300 110 26 Happy Entrance 200 100 20 Hector 150 90 20 Hound    Lizard 100 170 16 Milford 262 115 22 Mermaid 287 110 22 Norwich 258 110 22 Nightingale 300 110 22 Oxford 240 105 22 Constant Warwick  80 22 Pearl 285 110 22 Pembroke 210 110 22 Paul 240 95 22 Richmond 235 110 22 Rosebush 300 100 24 Success Frigat 230 115 24 Speedwell 200 100 20 Sorlings 250 110 22 Success 380 130 34 Satisfaction 220 110 26 Saphire 300 100 26 Westergat 300 100 26 Sixth Rate    Bramble 120 70 14 Blackmore 90 50 12 Carnation 100 60 12 Chesnut 90 45 10 Cag-way 60 40 8 Cignet 60 40 6 Drake 146 70 12 Dolphin 50 25 4 Diver Smack    Eaglet 60 40 8 Fox 120 70 14 Francis 90 50 10 Griffin 90 50 12 Gift 120 70 12 Hind 60 40 8 Hawk 60 40 8 Harp 60 40 6 Hart    Hunter 50 30 6 Henrietta Pinnace 65 25 6 Kingsale 90 50 10 Lark 80 50 10 Lilly 60 40 6 Martin 130 70 12 Mary 120 60 12 Marygold Hoy    Nonsuch Catch 60 40 8 Minion    Paradox 127 70 12 Pearl Brigant 50 25 4 Roe 60 40 8 Rose 60 40 6 Sparrow 90 60 12 Swallow 60 40 6 True Love 100 60 12 Vulture 100 60 12 Weymouth 120 70 11 Wolf 120 70 16 Besides the above mentioned Vessels there was the New Gally the Eagle Stork Violet Ostridge Church and Elias in all 160 sail During the late War with the United Netherlands France and Denmark some of these forementioned Vessels were lost and since the Peace concluded many have been new built even this present year four Ships of the first Rate and three of the third Rate have been to his Majesties great expences built and perfectly finished or will be in a short time Those new built Ships of the first Rate are the Royal James Prince St. Andrew London All his Majesties Maritime Forces are under the Command of the Lord High Admiral of England touching whose Name Titles Power Priviledges c. See the first part The Lord Admiral hath under him many Officers of high and low condition some at Sea others at Land some of a Military some of a Civil capacity some Judicial others Ministerial so that the Dominion and Jurisdiction of the Sea may justly be stiled another Commonwealth or Kingdom apart In Mari sunt Regna distincta idque Jure Gentium sicut in arida terra saith Baldus that learned Oracle of the Civil Law And the Lord High Admiral of England may fitly be stiled or at least reputed as a Vice-Roy of the Maritime Kingdom of England The Vice-Admiral of England is an Officer to whom next under the High-Admiral it belongs to see the Royal Navy kept in good repair the wages of Mariners and Ship-wrights duly paid and the Ships provided of all things necessary for any Expedition The Lord High-Admiral of England doth by virtue of his place appoint in divers parts of the Kingdom his several Vice-Admirals with their Judges and Marshals by Patent under the Great Seal of the High Court of Admiralty These Vice-Admirals and Judges do exercise Jurisdiction in Maritime affairs within their several limits and in case any person is agrieved by any Sentence or Interlocutory Decree that hath the force of a definitive Sentence he may appeal to the High Court of Admiralty The present Vice-Admirals of the several Coasts of England with their Judges are these that follow in Alphabetical order Bristol City Sir Thomas Bridges Vice-Admiral Cheshire and Lancashire the Earl of Derby Vice-Admiral Sir Tim. Baldwin Kt. Dr. of Laws Judge Cornwall South parts Trelawny Vice-Admiral Cornwall North parts Sir John Godolphin V. Admiral Mr. Scawen Judge Cumberland Earl of Carlile V. Admiral Durham Earl of Carlile V. Admiral Devonshire John Vowel Esq V. Admiral Dr. Masters Judge Dorsetshire Bullen Reyms Esq Essex Sir John Bramston V. Admiral Sir Mundiford Bramston Judge Glocester Thomas Cheston Esq V. Adm. Kent Duke of Richmond V. Adm. Lincoln Lord Castleton V. Adm. Newcastle Earl of Carlile V. Adm. Norfolk Lord Townsend V. Adm. Sir Justinian Lewen Kt. Dr. of Laws Judge Northumberland Earl of Carlile V. Adm. Somersetshire Sir Thomas Bridges V. Admiral Sussex Sir John Pelham V. Adm. Dr. Low Judge Suffolk Sir Henry Felton V. Adm. Dr. Clark Judge Southampton and Isle of Wight Sir Robert Holms V. Adm. Dr. Lloyd Judge Wales North parts Col. John Robinson V. Adm. Mr. Walter Mansel Judge York Earl of Mulgrave V. Adm. For handling of Maritime Affairs the Lord High Admiral hath Courts of his own whereof that at London is the principal or supreme where all Process and Proceedings run in his name and not in the Kings as it doth in all Common-Law Courts in this Court usually call'd the Court of Admiralty he hath a Lieutenant called Judge of the Admiralty who is commonly some learned Dr. of the Civil Law and is at present Doctor Jenkins lately knighted for his great worth and now called Sir Lionel Jenkins The Proceeding in this Court in all Civil Matters is according to the Civil Law because the Sea is without the limits of the Common-Law but under the Admirals Jurisdiction therefore the Civil Law onely all Common Law secluded is made use of and by Libel they proceed to the Action the Plaintiff giving Caution to prosecute the Sute and to pay what shall be judged against him if he fail in the Sute the Defendant on the contrary securing the Plaintiff by sufficient surety or caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratifie and allow all that his Proctor shall do in his name whereby the Clients are well assured to obtain that which by Law shall be adjudged to them let the Cause fall on which side soever In the Admiralty Court of England use is made not onely of the Civil Laws but the Laws of Rhodes and Oleron whereof the former is an Island in the Mediterranean Sea about twenty miles distant from the Continent of Asia Minor and is now under the Turk the antient Inhabitants whereof by their mighty Trade and Power at Sea grew so expert in the Regulation of all Maritime Matters and Differences and their Determinations therein were esteemed so just and equitable that their Laws in such affairs have ever since been observed for Oracles Those Laws were long ago incorporated into the Volumes of the Civil Law And the Romans who gave Laws to other
following are a few heads or particulars of them viz. The Leagues of foreign Princes and the Treaties with them And all the Atchievements of this Nation in France and other Foreign Parts The Original of all the Laws that have been Enacted or Recorded until the Reign oi Richard the Third The Homage and Dependency of Scotland upon England The Establishment of Ireland in Laws and Dominions The Dominion of the British Seas totally excluding both the French and Hollander to Fish therein without Licence from England proved by Records before the Conquest The Interest of the Isle of Man and the Isles of Jersey Gernsey Sark and Alderny which four last are the remaining part of the Norman possession The Title to the Realm of France and how obtained And all that the Kings or Princes of this Land have until that time done abroad or granted or confirmed unto their Subjects at home or abroad Tenures of all the Lands in England Extents or Surveys of Mannors and Lands Inquisitions post mortem being of infinite advantage upon tryals of Interest or Descent Liberties and Priviledges granted to Cities and Towns Corporate or to private Men as Court-Leets Waiffs Estrays Mercats Fairs Free warren Felons Goods or what else could come to the Crown or pass out of it Several Writs Pleadings and Proceedings as well in Chancery as in all the Courts of Common Law and Exchequer Inspeximus's and Inrolments of Charters and Deeds made and done before the Conquest Deeds and Contracts between party and party and the just establishment of all the Offices in the Nation The Metes and Bounds of all the Forests in England with the several respective Rights of the Inhabitants therein to Common of Pasture c. Besides many other Priviledges and Evidences which are too long to be here repeated or inserted And are therefore in the Petition of the Commons of England in Parliament An. 46 Edw. 3. num 43. said to be the perpetual Evidence of every Mans right and the Records of this Nation without which no story of the Nation can be written or proved These Records are reposited within a certain Place or Tower called Wakefield Tower adjoyning to the Bloody Tower near Traytors Gate There is another place called Julius Caesars Chappel in the White Tower The going up to this Chappel is in Gold Harbor Eighty four Steps up with Six or eight great Pillars on each side and at the upper end thereof there was a Marble Altar which in the late times of Rebellion was caused to be beaten down as a Monument of Tyranny and Superstition There are many Cart load of Records lying in this place out of which William Prynne Esquire late Keeper of the same with indefatigable labor Collected and Printed many of Publick Utility Annis 1659 1660 1662 1664. in Four several Volumes beginning Primo Regis Johannis for before that time there are no Rolls but onely Chartae Antiquae or Ancient Transcripts made and done before and since the Conquest until the beginning of King John Then follows His Son Henry the Third where the first Offices Post Mortem begins Then there is Edward the First Second and Third Richard the Second Henry the Fourth Henry the Fifth Henry the Sixth and Edward the Fourth and the Inquisitions Post Mortem of Richard the Third who reigned onely Three years The Rolls of that King are in the Chappel of the Rolls in Chancery Lane The Rolls in the Tower are variously distinguished viz. Rotuli Patentium Cartarum Parliamentorum Clausarum finium Scotiae Vasconiae Franciae Hiberniae Walliae Normanniae Alemanniae Oblatae Liberatae Extractae Perambulationes Forestae Scutag Rotul Marescal Romae de Treugis Chart. Patent fact in partibus transmarinis Patent de Domibus Judaeorum Protection de Perdonation c. Stapulae cum multis aliis which are lately depicted upon the outside of every Press in the Repository belonging to each Kings Reign and very easily to be brought forth for the use of the Client By a Table of Orders hanging up in the said Office and subscribed by the Keeper hereof The same is to be kept open and constantly attended for all Resorters thereto from the hours of Seven till eleven of the Clock in the Morning and from One till five in the Afternoon every day of the week except in the Moneths of December January and February and in them from Eight till eleven in the morning and from One to four in the Afternoon except on Holidays Publick Fasting and Thanksgiving days and times of great Pestilence The Governor of this great and important Fortress being called The Lieutenant of the Tower is usually a Person of great worth and fidelity who is Virtute Officii to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex He is High Steward of a Court there held hath a Deputy and may refuse an Habeas Corpus may give Protection to all Debtors belonging to the Tower Infra Regnum Angliae Hath the Priviledge to take Unam lagenam Two Gallons and a Pint Antâ— malum retro of all Wine Ships that come and to be as some hold Custos Rotulorum of the County of Middlesex His Salary is 200 l. per annum His usual Fee for every Prisoner sent to the Tower who are commonly Men of Estates is 20 l. and 3 l a week for an Esquire and 5 l. for a Knight For a Baron or above 50 l. at entrance to whom the King allows weekly 10 l. whereof two parts go to the Prisoner the third to the Lieutenant for Lodgings and Diet and 50 l. to the Lieutenant upon the Prisoners discharge The present Lieutenant of the Tower is Sir John Robinson Baronet The Gentleman Porter of the Tower holds his place by Patent and at the entrance of a Prisoner hath for his Fee Vestimenta superiora or else a Composition for the same The Gentleman Jaylor is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman and 5 l. of a Knight Then there are Forty Warders of the Tower accounted the Kings Domestick Servants and sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Check The Moneys allowed by the King to the several Officers and Servants in the Tower and for keeping in repair that huge structure amounts to a vast sum Near the Tower is S. Katherines which hath a Royal Jurisdiction for the Ecclesiastical Causes and Probate of Wills and belongeth to the Queen Dr. Bud is Commissary from whom if any will appeal it must be to the King in His Court of Chancery who thereupon issueth out a Commission under the Great Seal as in Appeals from the Arches or Prerogative The next thing remarkable in the City of London may be the Bridge which for admirable Workmanship for vastness of Foundation for all Dimensions and for the solid stately Houses and rich Shops built thereon surpasseth all others in Europe it hath Nineteen
to behave themselves in that Port Gravity and Authority as if they were so in the Kings House that so hereafter they may know the better to behave themselves in case they should be promoted to that Honour for these Gentlemen are usually of such quality as come not hither with intent to profess the Law but to learn so much Law as may be necessary to preserve their Estates and to make themselves accomplisht in other qualities necessary for Gentlemen At such time they have here divers divertisements as Feasting every day singing dancing Musick which last is allowed there to all Comers and is so excessive that what the Dicers allow out of each winning to the Butlers box usually amounts to above 50 l. a day and night wherewith and a small contribution from each Student are the great charges of the whole Christmas defrayed Sometimes when their publick Treasury is great they create a Prince among themselves with such Title as they please to give him and he hath all his Officers and a Court sutable to a great Prince and many of the prime Nobility and great Officers of State are feasted and entertained by him with Enterludes c. From All Saints day to Candlemas each House usually hath Revels on Holy-dayes that is Musick and Dancing and for this is chosen some young Student to be Master of the Revels Note that the manner of their Parlament is briefly thus Every Quarter commonly the Benchers cause one of the standing Officers of the House to summon a Parlament which is onely an Assembly and Conference of Benchers and Utter-Baristers which are called the Sage Company and meet in a place called the Parlament Chamber and there Treat of such matters as shall seem expedient for the good ordering of the House and the Reformation of such things as they shall judge meet to be Reformed Here are the Readers for Lent and Summer vacation elected also the Treasurer is here chosen and the Auditors appointed to take the Accounts of the old Treasurer c. Here offences committed by any of the Society are punished c. These Innes of Court are most wisely situated by our Ancestors between the Kings Courts of Judicature and the most opulent City of London In the Four Innes of Court are reckoned about 800 Students Lastly there are two more Colledges called Sergeants Inne where the Common-Law Student when he is arrived to the highest degree hath his Lodging and Dyet These are called Servientes ad Legem Sergeants at Law and are as Doctors in the Civil Law only these have heretofore been reputed more Noble and Honourable Doctoris enim appellatio est Magisterii Servientis vero Ministerii and therefore Doctors of Law are allowed to sit within the Bar in Chairs and covered whilst Sergeants stand without the Bar bareheaded only with Coiffs or Caps on To arrive to this high Degree take this brief account The young Student in the Common Law being born of a Gentile Stock and bred two or three years in the University and there chiefly versed in Logick and Rhetorick both expedient for a Lawyer and gotten some insight into the Civil Law and some skill in the French Tongue as well as Latin he is admitted to be one of the Four Innes of Court where he is first called a Moot man and after about Seven years study is chosen an Utter Barister and having then spent Twelve years more and performed the Exercises before mentioned he is chosen a Bencher and some time after a Reader during the Reading which heretofore was Three weeks and Three days the Reader keeps a constant and sumptuous Feasting inviting the chief Nobles Judges Bishops great Officers of the Kingdom and sometimes the King himself as that most accomplished Lawyer the present Atturney General did that it costs them sometimes 800 or 1000 l. Afterward he wears a long Robe different from other Baristers and is then in a capacity to be made a Sergeant at Law when His Majesty shall please 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 make choice of Six or Eight more or less of the most Grave and Learned of the Innes 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 Sergeant at Law at the appointed time they being habited in Robes of two colours viz. Brown and Blew come accompanyed with the Students of the Innes of Court and attended by a train of Servants and Retainers in certain peculiar cloth Liveries to Westminster-Hall there in publick take a solemn Oath and are clothed with certain Robes and Coyfs without which they may no more be seen 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 Blood Archbishops Chancellor and Treasurer to the value of Forty shillings each Ring to Earles Bishops Rings of Twenty shillings to other great Officers to Barons great Prelates c. Rings of less value Out of these are chosen all the Judges of the Kings Bench and Common Pleas wherefore all those Judges do alwayes wear the white Linnen Coyfe which is the Principal Badge of a Sergeant and which he had ever the Priviledge to wear at all times even in the Kings presence and whilst he spake to the King though antiently it was not permitted to any Subject to be so much as capped in the Presence of the King of England as at present it is not allowed in the presence of the Pope or of the Emperour When any of the aforementioned Judges are wanting the King by advice of His Council makes choice of one of these Sergeants at Law to supply his place and constitutes him by Letters Patents Sealed by the Chancellor who sitting in the middle of the rest of the Judges in open Court by a set Speech declares to the Sergeant that upon this occasion is brought in the Kings pleasure and to the people the Kings goodness in providing the Bench with such able honest men as that Justice may be done expeditely and impartially to all His Subjects and then causes the said Letters Patents to be read and being departed the Chief Justice places the said Sergeant on the Bench junior of all the rest and having taken his Oath well and truly to serve the King and His people in the Office of Justice to take no reward to do equal and speedy Justice to all c. he sits himself to the Execution of his Charge The Sergeant being thus advanced to be a Judge hath thereby great Honour and a very considerable Salary besides certain perquisits for each one hath at least One thousand pound a year from the King and now in some things his former habit