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
expedient to premise somewhat of the Ecclesiastical persons in England IN the Government of the Church of England among the Ecclesiastical persons governing in the Englih Church is First the King of England who is as the Lawyers say Personae sacra mixta cum sacerdote The King is the supreme Bishop of England and at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical for as he hath put upon him Corona Regni as an Embleme of his King-ship and power in Temporals so hath he Stola Sacerdotis commonly called Vestis Dalmatica as a Levitical Ephod to signify his Priesthood and power in Spirituals He is Supreme Governor in all Causes Ecclesiastical as well as Civil is Patron Paramount of all Ecelesiastical Benefices in England to whom the last Appeal in Ecclesiastical Affaires are made who alone hath power to nominate persons for all Bishopricks and chief Dignities as Deaneries and some Prebends in the Church c as more at large may be seen in the First part of the Present State of England Next to the King in the Church Government are the Bishops whereof two are called Primats Metropolitans or Archbishops that is chief Bishops the one of Canterbury the other of York each of which have besides their Peculiar Dioceses a Province consisting of several Dioceses and therein by Common Law a Prerogative of proving Wills and granting Administrations where the person dying had bona notabilia that is above 5 l. in Divers Dioceses or Jurisdictions Also by Grants of several Kings they have each one certain Priviledges Liberties and immunities in their own Estates Under these two Archbishops are 26 Bishopricks whereof 22 are reckoned in the Province of Canterbury and four in the Province of York So that there are besides the two Archbishops twenty four Bishops all which have the Title of Lords by reason of their Baronies annext to their Bishopricks and have precedence of all other Barons both in Parliament and other Assemblies amongst these precedes always the Bishop of London who by antient right is accounted Dean of the Episcopal Colledg of that Province and by vertue thereof is to signify the Pleasure of his Metropolitan to all the Bishops of the Province to execute his Mandates to disperse his Missives on all emergency of affaires to precide in Convocations or Provincial Synods during the necessary absence of the Metropolitan Next to London in Parliament precedes Durham and then Winchester all the rest of the Bishops take place according to the Seniority of their Consecrations The Function of an English Bishop consists in what he may act either by his Episcopal Order or by his Episcopal Jurisdiction By his Episcopal Order he may ordain Deacons and Priests he may Dedicate Churches and burying places may administer the Rite and Ceremony of Confirmation without whom none of these things may be done The Jurisdiction of a Bishop is either Ordinary or Delegated the Ordinary is what by the Law of the Land belongs to each Bishop in his own Diocess the Delegated is what the King is pleased to confer upon him not as a Bishop but as he is a Subject and a considerable Member of the Kingdom For all Clergymen are in England as antiently among Gods own People the Jews and amongst the Primitive Christians so soon as they were under Christian Emperors judged fit to enjoy divers temporal honours and employments as First to be in the Commission of the Peace for who so proper to make and keep Peace as they whose constant duty it is to preach Peace who so fit as they whose main business and study it is to reconcile those that are at variance and therefore since His Majesties happy Restauration as well as before divers grave discreet Divines have been made Justices of Peace and thereby not only the poor Clergy-men have been protected from the oppression of their causeless enemies but many differences have been composed without any Law-sute in a more Christian and less expensive way Secondly to be of His Majesties Privy Council where frequently Cases of Conscience may arise relating to State matters that will admit neither of delay nor publication and therefore after the pattern of that excellent Christian Emperor Constantine the Great our good Kings both before and since the Reformation have always admitted some spiritual persons to their Council Tables and Closet-debates Thirdly to be employed in publick Treaties and Negotiations of Peace and this both the Ancient and Modern practice will justify that none hath been more frequently and succesfully used in such Messages then the Ambassadors of Christ Fourthly to enjoy some of the great Offices of the Crown as to be Lord Chancellor Lord Treasurer c. And it hath been observed that in the late Kings Raign when the Bishop of London was Lord Treasurer that Office was executed with as much diligence faithfulness dexterity and content to the Subject as well as to the King as ever it had been by any of his late lay-Predecessors In the ordinary Jurisdicton of a Bishop as a Bishop may be considered either the Jurisdiction it self or what is instated in him by the Law of the Land for the better execution of that Jurisdiction The Jurisdiction it self is established partly by Statute Law as to Licence Physitians Surgeons and School-Masters to unite and consolidiate small Parishes to assist the Civil Magistrates in the execution of some Statutes concerning Ecclesiastical affairs to compel the payment of Tenths and Subsidies due from the Clergy to the King Partly by Common Law as upon the Kings Writ to certify the Judges touching legitimate and illegetimate Births and Marriages to require upon the Kings Writ the burning of an obstinate Heretick also to require the Kings Writ for imprisoning the Body of one that obstinately stands excommunicated 40 dayes And partly by Common and Ecclesiastical Law together as to cause Wills of the Deceased to be proved to grant Administration of Goods of such as dye intestate to give order for the gathering and preserving of perishable Goods where none is willing to administer to cause Account to be given of Administrations to collate Benefices to grant Institutions to Benefices upon the Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the use of the Successors to defend the Franchises and Liberties of the Church to visit their particular Diocesses once in three years and therein to inquire of the Manners Carriages Delinquencies c. of Ministers of Church-wardens of the rest of the Parishoners and amongst them especially of those that profess themselves Physitians Surgeons School-masters Midwives of Wardens of Hospitals how they perform their several Duties and trusts also of all others professing Christianity and offending either against Piety as by Blasphemy Idolatry Superstition Perjury Heresie Errors against the 39 Articles Schism Conventicles absence from Divine Service unlawful abstinence
Moreover every Archdeacon hath his Court and Jurisdiction where smaller differences arising within his limits are pleaded Also the Dean and Chapter hath a Court and take cognizance of Causes happening in places belonging to the Cathedral Lastly there are certain peculiar Jurisdictions belonging to some certain Parishes the Inhabitants whereof are exempt sometimes from the Archdeacons Jurisdiction and sometimes from the Bishops Jurisdiction Causes belonging to Ecclesiastical Courts are Blasphemy Apostasie from Christianity Heresies Schisms Ordinations Institutions of Clerks to Benefices Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Probate of Wills Administrations Simony Incests Fornications Adulteries Solicitations of Chastity Pensions Procurations Commutation of Pennance c. the cognizance whereof belongs not to the Common Law of England The Laws and Constitutions whereby the Ecclesiastical Government doth stand and the Church of England is governed are first general Canons made by general Councels also the Arbitria sanctorum Patrum the opinion of Fathers the grave Decrees of several Holy Bishops of Rome which the Kings of England from time to time have admitted Next our own Constitutions made antiently in several Provincial Synods either by the Legats Otho and Othobon sent from Rome or by several Archbishops of Canterbury all which are by 25 H. 8. of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Then the Canons made in Convocations of later times as primo Jacobi and confirmed by his Royal Authority Also some Statutes enacted by Parliament touching Ecclesiastical affairs And lastly divers Customs not written but yet in use beyond the memory of man and where these fail the Civil Law takes place The manner of Tryals by these Laws and Customs are different from the Tryals at Common Law and are briefly thus First goes forth a Citation then Bill and Answer then by Proofs Witnesses and Presumptions the matter is argued pro and con and the Canon and Civil Laws quoted then without any Jury the definitive sentence of the Judge passseth and upon that Execution And this is the manner of trying Ecclesiastical Civil Causes but Ecclesiastical criminal Causes are tryed by way of Accusation Denunciation or Inquisition The first when some one takes upon him to prove the crime the second when the Churchwardens present and are nor bound to prove because it is presumed they do it without any malice and that the crime is notorious Lastly by Inquisition when by reason of common fame inquiry is made by the Bishop ex officio suo by calling some of the neighborhood to their Oaths or the party accused to his Oath ex officio so called because the Ecclesiastical Judge doth it ex officio suo which is very antient and was usual among the Jews so Joshua to Acan Fili mi tribue gloriam c. So God himself to Adam upon his first transgression and likewise afterward to Sodom but by the prevailing faction in the long Parliament this power was extorted from the Church the want whereof is one main cause of the great libertinisme and debauchery of the Nation Now the punishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws proceed in this manner First the party delinquent is admonish'd next goes forth minor Excommunicatio whereby he is excommunicated or excluded from the Church or if not from the Church yet from the Communion of the Lords Supper is disenabled to be Plaintiff in a Law Sute c. And this commonly for stubborness shewed by not appearing in the Ecclesiastical Court upon summons or not obeying the Orders of the Court which though in smallest matters yet may be a very great crime for Res praecepta quo facilior est observatu eo praecepti violatio est gravior cum fit magis spontanea as S. Austin observes of the first sin of Adam Any command by how much the easier it may be observed by so much the more grievous is the breach thereof because it is the more voluntary besides in contempts it is not so much the violation of the Law as of the Authority which ought to be resented And herein the Church of England proceedeth no otherwise than the State of England for so odious in the eye of the common Law of Enland is the contempt thereof that not only for Felonies but even in an Action of the case in an Action of a small Debt Account or Detinue if a man will not appear and submit himself to a Tryal at Law a Process of Outlawry is grounded against him and he being once Outlawed he is out of the protection of the Law Caput gerit lupinum saith Bracton an Outlaw'd was antiently lookt upon as a Wolf lawfully to be killed by any man that should meet him as most just that he who contemned the Law and therein the King should not have benefit by the Law nor protection from the King and at this day he is to loose all his Goods and Chattels The Reader will easily pardon this digression when he considers the general cry against Excommunications at this day This power of lesser Excommunication the Bishop may delegate to any grave Priest with the Chancellour Excommunicato major is not only an exclusion from the company of Christians in Spiritual Duties but also in Temporal affairs and this commonly for Heresie Schism Perjury Incest and such grievous crimes and that it may be done with the more solemnity and terror it is to be pronounced by the Bishop himself in his proper person and being so Excommunicated a man cannot in any Civil or Ecclesiastical Court be Plaintiff or Witness And in case any man be so stubborn as to continue 40 days excommunicated the Kings Writ de excommunicato capiendo is granted forth of the Chancery against him whereupon he is cast into prison without Bail there to lie till he hath satisfied for his offence Next there is Anathematismus to be inflicted only upon an obstinate Heretick whereby he is declared a publick Enemy of God and rejected and cursed and delivered over to eternal damnation and this to be done by the Bishop also in his own person assisted by the Dean and Chapter or twelve other grave Priests Lastly there is Interdictum whereby is prohibited all Divine Offices as Christian an Burial Administration of Sacraments c. in such a Place or to such a People and if this be against a People it follows them wheresoever they go but if against a Place only then the People of that Place may go to Divine Offices elsewhere Besides these general censures of the Church which respect Church Communion there is another which toucheth the body of the Delinquent called Publick Penance when any one is compelled to confess in publick his fault and to bewail it before the whole Congregation in the Church which is done in this manner the
Borough of Cricklade Sir George Hungerford Kt. Sir John Earnely Kt. Borough of Great Bedwin Sir John Trevor Kt. Henry Clerk Esq Borough of Lugdersal William Ashburnham Esq Thomas Gray Esq Borough of Old Sarum Edward Nicholas Esq Sir Eliab Harvey Kt. Borough of Wooten Basset Sir Walter St. John Bar. John Pleydal Esq Borough of Marleborough John Lord Seymour Jeoffery Daniel Esq Worcester Sir John Packington Bar. Samuel Sandys Sen. Esq City of Worcester Sir Rowland Berkly Kt. Thomas Street Esq Borough of Droitwich Henry Coventry Esq Samuel Sandys Jun. Esq Borough of Evesham Sir John Hanmer Kt. Sir James Rushout Kt. Borough of Bewdly Sir Henry Herbert Kt. York Conyers Darcy Esq Sir Thomas Slingsby Kt. City of York Sir Metcalf Robinson Kt. Sir Thomas Osborn Bar. Town of Kingston upon Hull Anthony Gilby Esq Andrew Marvel Gent. Borough of Knaersborough Sir John Talbot Kt. William Stockdale Esq Borough of Scarborough Sir Phillip Munckton Esq William Thompson Esq Borough of Rippon Sir Jo. Nicholas Kt. of the Bath Thomas Burwell Dr. of Laws Borough of Richmond Sir William Killegrew Kt. Marmaduke Darcy Esq Borough of Heydon Henry Guy Esq Sir Hugh Bethel Kt. Borough of Burrowbridge Sir Rich. Malevere Kt. and Bar. Robert Long Esq Borough of Malton William Palmes Esquire Sir Thomas Gowre Kt. Borough of Thirske Sir Thomas Ingram Kt. Will. Franklin Esquire Borough of Aldborough Sir Soloman Swale Bar. Sir Francis Goodrick Kt. Borough of Beverley Michael Wharton Esquire Sir John Hotham Bar. Borough of North-Allerton Sir Gilbert Gerard Kt. and Bar. Roger Talbot Esquire Borough of Ponfract Sir John Dawney Kt. Sir William Lowther Kt. Barons of the Cinque Ports Port of Hastings Edward Waller Esquire Sir Denny Ashburnham Bar. Town of Winchelsea Francis Finch Esquire Robert Austin Gent. Town of Rye Sir John Robinson Kt. and Bar. Sir Jo. Austin Bar. Port of New Rumney Sir Charles Sidley Bar. Sir Norton Knatchbull Bar. Port of Hyth John Harvey Esquire Sir Henry wood Kt. and Bar. Port of Dover George Montague Esquire Edward Lord Hinchenbroke Port of Sandwich Jo. Strode Esquire James Thurbarne Esquire Port of Seaford Sir William Thomas Kt. and Bar. Nicholas Pelham Esquire WALES Anglesey Nicholas Bagnall Esquire Town of Bewmorris John Robinson Esquire Brecon Edward Progers Esquire Town of Brecon Sir Herbert Price Bar. Cardigan Edward Vaughan Esquire Town of Cardigan Sir Charles Cotterel Kt. Carmarthen Sir Henry Vaughan Kt. Town of Carmarthen John Lord Vaughan Knight of the Bath Carnarvon Sir Richard Wynne Bar. Town of Carnarvon William Griffith Esquire Denbigh John Wynne Esquire Town of Denbigh Sir John Salisbury Bar. Flint Sir Thomas Hanmer Bar. Town of Flint Roger Whitely Esquire Glamorgan Sir Edward Mansel Bar. Town of Cardiffe Robert Thomas Esquire Merioneth Henry Wynne Esquire Pembroke Arthur Owen Esquire Town of Haverdford-West Sir Frederick Hyde Kt. Town of Pembroke Rowland Lagherne Esquire Montgomery Andrew Newport Esquire Town of Montgomery Henry Herbert Esquire Radnor Sir Richard Lloyd Kt. Town of Radnor Sir Edward Harley Kt. of the Bath Note that some Knights and Burgesses being lately deceased others are not yet elected in their Room Of the Executive Power in Temporal Matters A Brief account of the Legislative power in Temporall affairs having been given next may be considered the Executive power in those affairs and that is generally in the King he is the Fountain of Justice he is the Fountain of Justice he is the Lord Chief Justice of England and therefore as all the Laws of England are called the Kings Laws because he is Caput Principium Finis Parliamenti by which the Laws are made and that nothing can have the Force of a Law but what he wills so all the Courts of Judicature are called the Kings Courts and all the Judges of those Courts are called the Kings Judges The highest Court of Judicature in England is the House of Lords in Parliament so that the Parliament is not only Concilium but Curia a Court of Judicature consisting as aforementioned of all the Lords Spiritual and Temporal as Judges and these assisted with the most grave and eminent Lawyers of England both in Common and Civil Law To the Judicature of this Supreme and most Honourable Court all other Courts and Persons that are Subjects of England are Subject and accountable for all Crimes not properly tryable remediable or punishable in other inferiour Courts of Justice and to this Court all last Appeals are to be made and from whose Sentence there lies no appeal but to a succeeding Parliament and this supreme Judicatory or Judicial Power lyes only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation impeach the highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence after which there can be no farther proceeding till the King informed of the whole matter gives His Royal Assent for the Execution of the said Sentence or grant His gracious Pardon In the late Long Parliament the House of Commons pretended to be also a Court of Judicature and at length usurped a most exorbitant power to the total ruine of Monarchical Government and it is worth observing by what Gradations they arrived thereto In the time of Queen Elizabeth and not before the Commons began to take upon them as saith Mr. Pryn a learned Member of that House to seclude one another for undue Elections whereas formerly the King and Lords were accounted the sole Judges of all Members of the Commons House and to have the sole power to judge of their undue Elections Returns Misdemeanors Breaches of Privileges and of all other matters concerning their Membership also for freeing any Member from Arrest or Imprisonments did wholely and solely belong to the Lords and not to the Commons unless it were by special order referred by the Lords to the House of Commons as heretofore sometimes hath been done In the time of King Charles the Martyr the Commons went farther took upon them utterly to expel out of their House some of their fellow Members as Projectors and Monopolizers although they had been duly elected After this in the same Kings time they expelled all such as adhered in Loyalty to the King next they secluded and imprisoned all such as the Officers of the late rebellious Army impeached or disliked then by the help of that Army 50 or 60 of the Members of that House expelled all the rest of their fellows and soon after voted down the King and whole House of Lords and voted themselves to be the Parliament to be the sole Legislators and the Supreme Authority of England into such a prodigious height of folly and impiety do men run when they once allow themselves to pass their due limits Of the Court of Justice called the Kings-Bench FOr the Execution of Laws after the House of Lords in Parliament the highest Court in England is the Kings
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
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
It is as antient as the Civility of the Nation though perhaps by another name This Court proceeds either ordinarily according to the Laws Statutes and Customes of the Nation and in Latin granting out Writs mandatory and remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one the equitable part is by Bills Answers and Decrees to examine Frauds Combinations Trusts secret uses c. to moderate the Rigour of the Laws and rescue men out of the hands of their Oppressors To relieve a man especially in three things viz. against Cheats unfortunate accidents and breaches of Trust Out of this Court issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any person hath been amerced too high and for a reasonable part of Goods for Widdows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgements in inferiour Courts Writs of Audita Querela and Scire facias here are sealed and inrolled Letters Patent Treaties and Leagues with forreign Princes Deeds betwixt Party and Party touching their Lands and Estates or Purchasers taking recognizances and making of Extents upon Statutes and Recognizances for payment of Moneys or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are betwixt Subject and Subject hath its Original and Commissions from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds onely the person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the sole Judge whereas in other Courts there are three or four Judges but he may and doth often in cases of greater weight and difficulty in cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it was almost always antiently and so of later times by Sir Christopher Hatton and after by Doctor Williams Bishop of Lincoln to their great praise and commendation It is the highest Dignity in England that a Lay-man is capable of it is Summum ambientis animi quasi Solstitium and the Chancellor is Magistratuum omnium Antistes Antiently the Lord Chancellor had sometimes his Vicechancellor commonly called Keeper of the Great Seal but of later times they differ onely in name In France he that is made Chancellour is durante vita his place cannot be taken away although the Seales may It is said there that he is so to attend to the sole Interest of the King and People that he must not be sensible of any Relations or other consideration and therefore he may not put himself in mourning neither for his own Father nor for the King himself Chancellours have been in England as the learned Dugdale finds as soon as Christianity was embraced by the Saxons The Chancellor is said to be keeper of the Kings Conscience to judge secundum aequum bonum according to equity and conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact rigour and letter of the Law whereunto other Judges are strictly tyed for the Princes of this Realm in imitation of the King of Kings governing the World by justice and mercy have erected two supreme Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy wherein the Rigour of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the quirks of Lawyers the more it is guided by Conscience and Equity and therefore the Kings of England would have this Court superiour to the other Tribunals that so if any thing was done amiss by those following the Rigour of the Law here good by Conscience and Equity it might be amended wherein they followed the noble Pattern of the Great Constantine qui omnes suas leges imperfectas esse voluit ut inde subditi sui appellarent ad Episcopos and therefore in all former times the Judges of this Court were chosen out of the Clergy able Divines who by their skil in the Law of God and of Nations were best able to judge according to Moderation and Equity and most willing to execute accordingly also fittest to dispose of the Kings spiritual Benefices Besides when this High Office was given to Bishops and Clergy men in whom wealth and a publick Spirit being usually conjoyned what great publick Acts of Piety and Charity were done by them for this Nation to mention onely in Oxford What noble and rich foundations are Christ-church Magdalens New Colledge and Merton Colledge all founded by Bishops that were Chancellors and on the contrary since the places of Chancellor Treasurer Privy Seal c. have been usually in the Hands of Lay-men what one great work hath been done for the Publick but onely wealth heaped up for their own private Families The manner of Proceeding in this Court is much like that in the Courts of the Civil Law the Actions by Bill or Plaint the Witnesses examined in private the Decrees in Engliâ—h or Latin not in French No Jury of twelve men but all Sentences given by the Judge of the Court. The Chancellor or Lord Keeper hath twelve assistants antiently called Clerici or Magistri Cancellariae because they were usually in Holy Orders and all Doctors of Laws for Master and Doctor was antiently the same as at this day a Doctor in the Arts is called Magister in Artibus The first of these is called Master of the Rolls a place of great dignity and is in the gift of the King either for life or during His Majesties pleasure and this Officer hath jure Officii the gift of those considerable Offices of the six Clerks in Chancery hath the keeping of the Rolls hath the House of the converted Jews now called the Rolls and in the absence of the Chancellor heares Causes and makes Orders by Vertue of a Commission with two Masters and not jure Officii One reason why the Masters of Chancery were ever Civilians may be because for all cases almost imaginable some Law or case conformable thereunto may be fetched by a good Civilian out of that Law of Laws called the Civil Law Another may be because the Chancery more antient then in any other Court of England for all Original writs and Comissions whereupon the other Courts do ground all their proceedings do come from thence hath probably been taken from the Civil Law divers points
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-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
Sheriff of each County hath a double function first Ministerial to execute all Processes and Precepts of the Courts of Law and to make returns of the same Secondly Judicial whereby he hath authority to hold two several Courts of distinct nature the one called the Sheriffs Turn which he holdeth in several places of the County enquiring of all Criminal Offences against the Common-Law not prohibited by any Statute The other called the County Court wherein he hears and determines civil Causes of the County under 40 s. which antiently was a considerable summe so that by the great fall of the moneys now the Sheriffs authority in that part is much diminished He is said to be the life of Justice of the Law and of the County for no suit begins and no process is served but by him then no Execution of the Law but by him lastly he is the chief Conservator of the Peace in the whole County Every County being subdivided into Hundreds so called at first either for containing an hundred houses or 100 men bound to find Armes or Wapentakes so called from touching a weapon when they swore Allegiance as the manner at this day is in Sweden at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike every such Wapentake oâ— Hundred hath commonly a Bayliff a very antient Officer but now of small Authority also Officers called High Constables first ordained by the Statute of Winchester 13 Edw. 1. for conservation of Peace and view of Armour they disperse Warrants and Orders of the Justices of Peace to each Pety Constable There are also in every County two Officers called Coroners whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death and to enter the same upon Record which is matter Criminal and a plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Free holders of the County by vertue of a Writ out of the Chancery They were antiently men of estates Birth and Honour and therefore in the Reign of Edward III. a Merchant being chosen a Coroner was removed quia communis Mercator fuit whereas he ought to have been a Gentleman which have no Trades man is reckoned to be by our Laws Every County also hath an Officer called Clerk of the Mercat whose Office is to keep a Standard of all Weights and Measures exactly according with the Kings Standard kept in the Exchequer and to see that none others be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are otherwise He hath a Court and may keep and hold Plea therein Of the Civil Government of Cities EVery City of England by their Charters or Priviledges granted by several Kings is a little Common-wealth apart governed not as the Cities of France by a Nobleman or Gentleman placed there by the King but wholly by themselves they choose amongst themselves their own Governor in Cities a Mayor is chosen commonly out of 12 Aldermen In some other Coâ—porations a Bailiff is chosen out of a certain number of Burgesses They are not taxed but by their own Officers of their own Corporation every trade having some of their own alwayes of the Council to see that nothing be enacted contrary to their profit Every City by Charter from the King hath haute moyenne basse Justice a jurisdiction amongst themselves to judge in all matters criminal and civil onely with this restraint that all civil causes may be removed from their Courts to the Higher Courts at Westminster The Mayor of the City is the Kings Lieftenant and with the Aldermâ—n and Common Council as it were King Lords and Commons in Parliament can make Laws called By-Laws for the Government of the City He is for his time which is but for one year as it were a Judge to determine matters and to mitigate the Rigour of the Law The next in Government of Cities are two principal Officers called though improperly the Sheriffs who are Judges in civil causes within this City and to see all execution done whether penal or capital and should rather be called Stat-reeves or Port-reeves i. e. Urbis vel Portus Praefecti In Cities the people are generally made more industrious by Manufactures and less idleness suffered then in other places so that in some Cities children of six or seven years old are made to gain their own expences In the City of Norwich it hath of late yeares been computed and found that yearly children from 6 to 10 years of age have gained 12 thousand pounds more then what they spend and that chiefly by knitting fine Jersey Stockings The Government of Burroughs and other Towns corporate is much after the same manner In some there is a Mayor in others one or two Bailiffs who have equal power with a Mayor and Sheriffs and during their Offices they are Justices of the Peace within their Liberties and have there the same power that other Justices of the Peace have in the County For the better Government of Villages the Lord of the place hath ordinarily power to hold a Court-Baron so called because antiently such Lords were called Barons as they are still in many parts of France or else Court Baron i. e. Court of Freeholders as the Barons of Germany are called Frey herren so the Barons of the Cinque Ports in England are but the Freeholders of the Cinque Ports And this Court may be held every 3 weeks Also for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place this Officer is to keep the Peace in case of quarrels to search any house for Robbers Murdrers or others that have any way broken the peace to raise the Hue and Cry after Robbers fled away to seize upon them and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasiions either to bring crrminals before them or to carry them by their command to the common Prison Every little Village almost hath an Epitome of Monarchical Government of Civil and Ecclesiastical policy within it self which if duly maintained would render the whole Kingdome happy First for the civil Government there is the Lord of the Soyl who from the Crown immediately or mediately holds Dominium soli and is said to have in him the Royalty as if he were a little King and hath a kind of Jurisdiction over the Inhabitants of the Village hath his Court-Leetâ— or Court-Baron to which they owe suit and service and where may be tryed smaller matters happening within the Mannour Escheats upon Felonies or other accidents Custody of Infants and Lunaticks power of passing Estates and admitting of Tenants Reliefs Hariots Hunting Hawking Fishing c. under the Lord is the Constable or
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
of a Sergeant is altered his long Robe and Cap his Hood and Coif are the same but there is besides a Cloak put over him and closed on his right shoulder and instead of a Caputium lined with Lambskin now a Caputium lined with Minever or de Minuto vario divers small pieces of white rich Furre Note that to the two Sergeants Innes belong the Twelve Judges and about Twenty six Sergeants Antiently the Fee expected by a Sergeant from his Client for Advice given at his Chamber or for pleading in any Court of Judicature was no more then Twenty shillings and the Fee of a Barister Ten shillings which yet is much more then is usually given in any of our neighbour Nations at this day but at present it is become almost ordinary to give some Setgeants Ten pound and sometimes Twenty pound and to a Barister half as much at the hearing of any considerable Cause whereby it comes to pass that some Lawyers in one year gain in Fees Three thousand pounds and some Four thousand pounds and in few years purchase Estates fit for Lords and sometimes live to see themselves advanced to be Peers of the Realm as the late Lord Keepers Coventry Finch and others Now all these forementioned Innes or Colledges for the Students in our Common law being not far distant one from another do make the most famous Profession of the Law that is in the World and it will be a very difficult thing to find in any one Forreign University so many Students of the Law that are of that ripe age past Childhood and of that high quality most Gentlemen and a considerable number of the Sons of the higher Nobility Of the Colledge of Civilians called Doctors Commons ALthough Degrees in the Civil Law may be had onely in Oxford and Cambridge and the Theory best there to be acquired yet the Practice thereof is most of all in London where a Colledge was long since purchased by Dr. Henry Harvey Dean of the Arches for the Professors of the Civil Law in this City and where commonly did reside the Judge of the Arches the Judge of the Admiralty and the Judge of the Prerogative Court with divers other eminent Civilians who there living for Diet and Lodging in a Collegiate manner and Commoning together it was usually known by the name of Doctors Commons and stood near S. Pauls in the Parish of S. Bennets Pauls-Wharf which being consumed by the late dreadful Fire they now all reside at Exeter House in the Strand in the same manner until their House be rebuilt and keep there their several Courts and Pleadings every Term which begins and ends almost at the same time with the Term at Westminster The cheif Court of the Archbishop is that of the Arches whereof see more in the Chapter of the Ecclesiastical Government of England The Principal Official or Judge of this Court is stiled Dean of the Arches and is at present Sir Giles Sweit Knight Doctor of Laws He fitteth alone without any Assessors and heareth and determineth all Causes without any Jury of Twelve Men as is necessary in Common Law Courts To this Court belongeth an Actuary a Register and a Beadle The Office of the Actuary is to attend the Court set down the Judges Decrees Register the Acts of the Court and send them in Books to the Registry This Office is enjoyed by John Clements Batchelor of Laws and Publick Notary The Register of the Court is another of the same name whose Office is by himself or Deputy to attend the Court receive all Libels or Bills Allegations and Exhibets examines all Witnesses Files all Sentences and keeps the Records of the Court. The Beadle attends the Court carrieth a Mace before the Judge and calls the Persons cited to appear Those that are allowed to be Advocates and plead in this Court are all to be Doctors of the Civil Law in one of our English Universities who upon their Petition to the Archbishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court upon condition not to practice for one whole year after such admittance The manner of their Admittance is thus The Two Senior Advocates in their Scarlet Robes with the Mace before them conduct him up to the Court with three low Reverences and present him with a short Latin Speech and the Rescript of the Archbishop Then the Oaths of Allegiance Supremacy and some other prescribed in the Statute of the Arches being taken he is admitted by the Judge and a place or seat in the Court assigned unto him which he is always to keep when he pleads The Judge and all the Advocates in this Court always wear their Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Minever Fur if of Cambridge and all round Black Velvet-Caps Here followeth a Catalogue of the Names of all the Advocates according to Seniority not Precedence DOctor Martin Dr. Heath Dr. King Chancellor of Ely Dr. Lewen Knight Master of Chancery Dr. Aldern Chancellor of Rochester Dr. Wiseman Knight Kings Advocate Dr. Chaworth Knight Vicar-General to the Archbishop of Canterbury Dr. Walker Knight Advocate to the Lord High Admiral Dr. Pepys Dr. Mills Chancellor of Norwich Dr. Crusoe Dr. Baldwin Knight Master of Chancery and Chancellor of Worcester and Hereford Dr. Nicholson Chancellor of Glocester Dr. Lowen Dr. Wake Chancellor of Peterborough Dr. Watkinson Dr. Birkenhead Knight Master of Request and Master of the Faculties Dr. Warren Dr. Bud Commissary of Huntingdon Dr. Alworth Chancellor of Oxford Dr. Jones Dr. Exton Chancellor of London Dr. Hughs Dr. Lloyd Commissary of Westminster Dr. Boucher Dr. Masters Chancellor of Exeter Dr. Clark Professor of Law in Cambridge Dr. Leighton Knight Dr. Digby Dr. Low Dr. Trumbal Dr. Falconbridge Dr. Pinfold Official of the Archdeacon of London Dr. Elliot Chancellor of Salisbury Dr. Raims Dr. Briggs Chancellor of Chichester Dr. Oldys Dr. Meal There we divers other Civilians whereof some not Advocates of this Court are Chancellors to Bishops or Commissaries as Sir Mundiford Brampstone Knight Doctor of Laws and Chancellor of Winchester Dr. Burrel Chancellor of Durham Sir Edward Lake Knight Doctor of Laws and Chancellot of Lincoln Dr. Dean Chancellor of Bath and Wells Dr. Wainwright Chancellor of Chester Dr. Jones Chancellor of Bristol Chancellor of Carlisle Rowland Nicols B. D. Mr. Awbery Chancellor of S. Davids Dr. Pennington Chancellor of Bangor Dr. Powell Chancellor of S. Asaph Here note That before the Vicar-General or Chancellors of the Bishops are Tryable all Ecclesiastical Causes within their respective Diocesses except Letters of Request are granted by the Diocesan Bishop to the Party to sue in the Court of Arches which is ordinary Note also That the Vicars-Generals and Chancellors are appointed by the respective Archbishops and Bishops by Letters Patents under their Seals and confirmed by the Dean and Chapter of the respective Cathedrals before which Confirmation those places are Durante bene
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
the Church assist the Priest at the Lords Supper by giving the Cup only After this brief account of Ecclesiastical persons somewhat may here not unfitly be added touching those persons who though not in holy Orders yet have a peculiar Relation to the Church and are quasi semi Ecclesiastici as first Patrons of Churches who by first building of Churches or first endowing them with Lands have obtained for them and their Heirs a right of Advowson or Patronage whose office and duty is to present a fit Clerk when the Church is void to the Bishop to be by him Canonically instituted and to protect the said Church as far as he can from all wrong and in case his Clerk prove unfit for the place to give notice thereof to the Bishop Next are the Oeconomi vel Ecclesiae Guardiani the Church wardens whose Office is to see that the Church be in good repair fitly adorned and nothing wanting for Divine Service Sacrament and Sermons that the Church yard be sufficiently mounded or inclosed that there be an exact Terrier of the Glebe Lands and if any thing belonging to the Church be detained to sue for the same to observe that all Parishoners come duly to Divine Service to require the penalty for absence to enquire after to admonish and to present to the Bishop scandalous livers to collect the Charity of the Parishoners for poor Strangers to declare and to execute the orders of the Bishop to see that none presume to vent his own conceptions in the Pulpit unless he hath a special licence so to do The Churchwardens are elected every Easter Week usually by the Parson and Parishoners if they so agree if not then one by the Parson and the other by the Parishioners There are also in greater Parishes joyned with the Church wardens Testes Synodales anciently called Synods-men now corruptly called Sides-men who are to assist the Church-wardens in enquiries into the lives of inordinate livers and in presenting men at Visitations Lastly the Sacristan corruptly the Sexton or Clark who is ordinarily to be chosen by the Parson only he ought to be twenty years old or above of good life that can read write and sing his office is to serve at Church the Priest and Church-wardens In the Church of England there are as in the antient primitive times three Orders Bishops Priests and Deacons None may be admitted Deacon before the age of 23 years unless he hath a Dispensation to be admitted younger None may be made a Priest till he be completely 24 years old None may be admitted Bishop till full 30 years old The Ordination of Priests and Deacons is four times the year upon four several Sundayes in the Ember or Failing Weeks that so all the Nation may at once in their joynt Prayers to God recommend them that are to receive Ordination which is performed by a Bishop in a solemn grave devout manner thus for Deacons After Morning Prayer there is a Sermon declaring the Duty and Office of Deacons and Priests then they being decently habited are presented to the Bishop by the Archdeacon or his Deputy whom the Bishop askes if he hath made due inquiry of them and then askes the people if they know any notable impediment or crime in any one of them after follow certain godly Prayers then a Collect Epistle and Gospel but before the Gospel the Oath of Supremacy is administred to every one of them and the Bishop putteth divers godly questions to them which being answered they all kneel and he laying his hands upon them severally doth ordain them Deacons then delivers to every one of them the New Testament and gives them authority to read the same in the Church then one of them appointed by the Bishop reads the Gospel and then all with the Bishop proceed to the Communion and so are dismissed with the Blessing pronounced by the Bishop The Ordination of Priests is partly in the same manner only the Epistle and Gospel are different and after the questions and answers made the Bishop puts up a particular prayer for them and that ended he desires the Congregation to recommend them to God secretly in their prayers for doing of which there is a competent time of general silence then follows Vent Creator Spiritus in Meter to be sung then after another prayer they all kneeling the Bishop with the Priests present layeth his hands upon the head of every one severally and gives them Ordination in a grave set form of words different both from that of Bishops and that of Deacons the rest as in the ordaining of Deacons Of the Ecclesiastical Government of England and first of the Convocation FOr the Church legislative power or the making of Ecclesiastical Laws and consulting of the more weighty affairs of the Church the King by the advise of his Privy Council usually convokes a National Synod commonly called the Convocation which is summoned in manner following The King directeth his Writ to the Archbishops of each Province for summoning all Bishops Deans Arch-deacons Cathedrals and Collegiate Churches according to their best discretion and judgment assigning them the time and place in the said Writ whereupon the Archbishop of Canterbury directs his Letters to the Bishop of London as his Dean Provincial first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Archdeacons Cathedral and Collegiate Churches and all the Clergy of his Province to that place and at the day prefixt in the Writ but directeth withal that one Proctor sent for each Cathedral and Collegiate Churche and two for the body of the inferiour Clergy of each Diocess may suffice The Bishop of London accordingly directs his letters to the Bishops of every Diocess of the Province citing them in like manner to appear and to admonish the Deans and Archdeacons to appear personally and the Cathedrals Collegiate Churches and inferiour Clergy of the Diocess to send their Proctors to the place and at the day appointed also to certifie to the Archbishop the names of all so summoned by them The place where the Convocation of Clergy in the Province of Canterbury hath usually been held was St. Pauls Church in London but of later times at St. Peters in Westminster in the Chappel of Henry the Seventh where there is as in Parliament a Higher and a Lower House or a House of Lords Spiritual and a House of Commons Spiritual The Higher House of Convocation in the Province of Canterbury consists of 22 Bishops whereof the Archbishop is President sittting in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes The Lower House consists of all the Deans Archdeacons one Proctor for every Chapter and two Proctors for all the Clergy of each Diocess in all 166 persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan-Clergy The first day both houses being assembled the Higher chooseth
of Venice and as it doth the Senators of Rome at this day c. The time of sitting in Parliament is on any day in the morning or afore dinner onely it hath antienly been observed not to assemble upon some high Festival days but upon ordinary Sundays oft-times as days accounted by all Christians less solemn then divers other Festivals which are celebrated but once a year When the day prefixt by the King in his Writs of Summons is come the King usually cometh in person with his Crown on his Head and clothed with his Royal Robes declares the cause of the Summons in a short Harangue leaving the rest to the Lord Keeper who then stands behind His Majesty the Commons in the mean time standing bare at the Barr of the Lords House are afterwards in the Kings name commanded to choose them a Speaker which without the Kings Command they may not do whereupon they returning to their own House make choice of one of their own Members whom afterwards upon another day they present to the King and being approved of by His Majesty sitting in his Chair and all His Lords both Spiritual and Temporal in their Robes of Scarlet he makes a modest refusal which not allowed he petitioneth His Majesty that the Commons may have during their sitting First a free Access to his Majesty Secondly Freedom of Speech within their own House Thirdly Freedom from Arrests Before any affair be medled with all the Members of the House of Commons take the Oath of Allegiance and Supremacy in the presence of an Officer appointed by the King By that old Manuscript called Modus tenendi Parliamentum it doth appear that the House of Commons did antiently as the House of Lords at this day consist of Clergy-men as well as Lay-men there sate the Procuratores Cleri two for each Diocess representing all the Clergy-Commons of the Diocess as the Knights of the Shire doth all the Lay-Commons of the Shire for it was then judged expedient that every Freeman of England as well Clergy as Laity should in passing of all Laws touching propiety whereunto they were to be subject give their consent personally or immediately by themselves or else by some that by their Election should mediately undertake for them and the words of the Writ for summoning the Procuratores Cleri as aforesaid seem to warrant the same at this day The Power and Priviledges of both Houses of Parliament are divers and distinct one from an other The Lords House hath a power not onely in making and repealing Laws but also in tractando consilium impendendo as the words of the Writ are also in judging of Controversies judging in the arraignment of any Peer of the Realm putting men to their Oaths especially in matters of importance as the Corruption of Judges and Magistrates in Errours Illegal proceedings in other Courts in Appeals from Decrees in Chancery c. The Lords that in their Religion conform not to the Church of England may yet sit and have Suffrage in the Lords House All the Lords Spiritual and Temporal have this Priviledge That if by reason of Sickness or other business they cannot appear they may make Proxies to vote in their stead after Licence obtained by a Letter under the Kings Signet to be excused for their absence so that in every Parliament every person in England either by himself Proxy or Representative is said to be there and to have his Suffrage for making or repealing any Law The Commons have also a power in making and repealing Laws they also have their Negative Voyce for Levying of any money upon the Subject the Bill is to begin in the Commons House because from them doth arise the greater part of Moneys The Commons have the Priviledge to supplicate and propose Laws to impeach publick Delinquents even the highest Lords of the Kingdom both Spiritual and Temporal The House of Commons is the Grand Inquest of the Realm summoned from all parts to present publick grievances and Delinquents to the King and Lords to be redressed and punished by them and to this purpose the Lords sit in their Robes on the Bench covered as Judges do in other Judicatories they swear and examine Witnesses and at length pass sentence whilst the Members of the Commons House stand bare at the Bar of the Lords House produce Witnesses mannage evidence c. Note that although every Member of the Commons House is chosen to serve for one particular County City or Burrough yet he serves for the whole Kingdom and his voyce equal to any other his power absolute to consent or dissent without ever acquainting those that sent him or demanding their assent as the States General of the United Neatherlands are obliged to do in many Cases Yet are they to make that their special care to promote the Good of that County City or Borough for which they serve Although the Lords of Parliament are to bear their own charges because they represent there only themselves yet all the Commons both Lay and Clergy that is the Procuratores Cleri are to have rationabiles Expensas as the words of the Writ are that is such allowance as the King considering the Prices of all things shall judge meet to impose upon the people to pay In the 17 Edward 2. it was 10 groats for Knights and 5 groats for Burgesses but not long after it was 4 s. a day for dubbed Knights and 2 s. for all others which in those days as appears by the prices of all things was a considerable sum above 20 times more than it is now for not onely their expences were considered though that was great by reason of the sutable attendance that then every Parliament man had but also their pains their loss of time and necessary neglect of their own private affairs for the service of their Country and when the Countries Cities and Burroughs paid so dear for their expences they were wont to take care to choose such men as were best able and most diligent in the speedy dispatch of affaires by which means with some other more business in those times was dispatched in Parliament in a week then is now perhaps in ten so that the Protections for Parliament men and their Servant from Arrests were not then grievous when scarce any Parliament or Session lasted so long as one whole Term. In the Raign of Edward 3. the Parliaments sometimes sate but eight days and sometimes less as may be seen in the Records of the Tower and yet transacted several and weighty affairs of the Nation many things being prepared before hand as some think by the King and his privy Council as they are at present in Sweden and that commonly they then debated onely upon such things as the King did propose which is now done by the Convocation of the Clergy of England The afore-mentioned expences being duly paid did cause all the petty decayed Burroughs of England to become humble Suitors to the King
that they might not be obliged to send Burgesses to Parliment whereby it comes to pass that divers were unburgessed as it was in particular granted to Chipping or Market Torriton upon their petition and then the number of the Commons house being scarce half so many as at present their Debates and Bills were sooner expedited no faction among them nor distinction of parties but altogether by a blessed unanimity amongst themselves and complyance with the Lords rarely denyed any thing to the King and as rarely were denyed any thing by the King The manner of debates of passing of Bills and Acts is thus It is the practise of each House to debate not onely of what the King hath proposed but of any other matters though heretofore that hath sometimes been by their Soveraign expressy forbidden It is free for any man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is first put in Writing and call'd a Bill which being read commonly after 9 of the clock in a full Assembly it is either unanimously rejected at first or else allowed to be debated and then it is committed to a certain number of the House presently nominated and called a Committee After it hath been amended and twice read two several days in the House then it is is engrossed that is written fair in Parchment and read the third time another day and then if it be in the Lords House the Lord Keeper in the Commons House the Speaker demandeth if they will have it put to the question whether a Law or no Law if the major part be for it there is written on the Bill by the Clerk So it baillè aux Communes or So it baillè aux Seigneurs retaining still in this and some other things about making Laws the custom of our Ancestors who were generally skilled in the French tongue Note that when the Speaker finds divers Bills prepared to be put to the question he gives notice the day before that on the morrow he intends to put such Bills to the passing or third reading and desires the special attendance of all the Members Note also that if a Bill be rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usuall to shew their respect attended with 30 or 40 of the Members of the House as they come up to the Lords Bar the Member that hath the Bill making three profound reverences delivereth it to the Lord Keeper who for that purpose comes down to the Barr. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other person whose place is on the Woolsacks and by none of the Member of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into consideration if aftewards it pass that House then is written on the Bill Les Communes ont assentèz When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech onely to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same day lest the whole time should be spent by two talkative persons Also if a Bill be debating in the House no man may speak to it in one day above once If any one speak words of offence to the Kings Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily Assembles not though many times they continue sitting long in the afternoon Committees sit after dinner where it is allowed to speak and reply as oft as they please In the Lords House they give their Suffrages or Votes beginning at the Puisne or lowest Baron and so the rest Seriatim every one answering apart content or not content In the House of Commons they vote by Yea's and No's altogether and if it be doubtful whether is the greater number then the Yea's are to goe forth and the No's are to sit still because these are content with their present condition without any such addition or alteration of Laws as the other desire and some are appointed to number them but at a Committee though it be of the whole House as is sometimes the Yea's go on one side and the No's on the other whereby they may be discerned If a Bill pass in one House and being sent to the other House they demur upon it then a Conference is demanded in the Painted Chamber where certain deputed Members of each House meet the Lords sitting covered at a Table the Commons standing bare with great respect where the business is debated if they then agree not that business is nulled but if they agree then it is at last brought with all other Bills which have passed in both Houses to the King who comes again with His Crown on his Head and clothed with His Royal Robes sometimes before His Pleasure is to prorogue or dissolve them and being seated in His Chair of State and all the Lords in their Robes the Clerk of the Crown reads the Title of each Bill and as he reads the Clerk of the Parliament according to his instructions from the King who before hath maturely considered each Bill pronounceth the Royal Assent If it be a publick Bill the Answer is Le Roy le veut which gives Life and Birth to that Bill that was before but an Embrio If a private Bill the Answer is Soit fait comme il est desire If it be a publick Bill which the King likes not then the Answer is Le Roys ' avisera which is taken for an absolute denyal in a more civil way and that Bill wholly nulled So that it is as true in England in some sence as in any Monarchy in the world Quod Principi placuit legis habet vigorem Not that whatever the King of England wills becomes immediately a Law but that nothing except what the King wills hath the force of a Law Note that the King without his personal presence can by Commission granted to some of his Nobles give His Royal Assent to any Bill that requires hast If it be a Bill for Moneys given to His Majesty then the answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut which antient Ceremorny of thanking the Subject for parting with their Money some think might better
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
hand is an Officer who ingrosseth Fines acknowledged c. He holdeth his Place also by Patent and is at present Mr. Sparks in trust for Sir William Drake who doth execute it by a Deputy Mr. Wayt. All these Officers aforementioned sit in the Court covered with black round knit Caps according to the mode immediately before the invention of Hats which was since the beginning of the Reign of Queen Elizabeth Moreover they are all sworn and have their Offices for life as a Freehold There are in this Court 3 Officers unsworn and hold their Places durante bene placito One Clerk of the Treasury Mr. George Ingram who hath the charge of keeping the Records of this Court and makes out all Records of Nisi Prius and divers other things This Office is in the Gift of the Lord Chief Justice 2. Clerk of the Inrolements of Fines and Recoveries who is by Statute under the three puisne Judges of this Court and removeable at their pleasure Note that the Inrolement of Fines and Recoveries or any part thereof by Stat 23 Eliz. cap. 3. is of as good force and validity in Law to all intents and purposes for so much of any of them so inrolled as the same being extant and remaining were or ought by Law to be The general neglect whereof in this Kingdom hath occasioned many Law Suits and hath proved in process of time exceeding dangerous to many mens Estates 3. The Clerk of the Outlawries Mr. Annuel who makes out the Writs of Capias Utlagatum after the Outlawry in the name of the Kings Atturney whose Deputy he is pro tempore There are five Clerks more 1. Clerk of the Kings Silver Henry Nurse Esquire unto whom every Fine or Final Agreement in sale of Lands is brought after it hath been with the Custos Brevium and to whom Money is paid for the Kings use 2. Clerk of the Warrants Mr· Thomas Brown executed by a Deputy Mr. James Mayo who entreth all Warrants of Atturney for Plaintiff and Defendant 3. Clerk of the Juries Mr. John Green who makes out the Writs called Habeas Corpora and Distringas for appearance of the Jury either in this Court or at the Assises in the Country 4. Clerk of the Essoins or Excuses for lawful cause of absence Mr. Townley 5. Clerk of the Super sedeas Mr. Abbot which is held by Patent but before King James time made by the Exchequer In this Court are also Filazers for the several Counties of England so called from the French Fil a Thred because they file their Writs These make out all Process upon Original Writs and do many other things too long to be here set down of these there are 14. viz. Fabian Philips Esquire who hath London Middlesex Huntington and Cambridge Shires The rest of the Counties are divided amongst these that follow Sir Roger Hill Henry Dutton Spicer Grey Fr. Hill Robert Child Charles Clare Sir Thomas Stringer Thomas Child Bennet Mark Hildesley Herbert Matthews and Hughes who is Protonatory Filazer and Exigenter of Monmouth by Patent the rest in the Gift of the Lord Chief Justice and hold for life There are also four Exigenters whose Office it is to make all Exigents and Proclamations in all Actions where process of Outlawry doth lye This Writ is called an Exigent because it exacteth the Party that is requireth his appearance to answer the Law and lies against a Transgressor of the Law that cannot be found nor any of his Goods within the County so that after summons by the Sheriff at five several County Courts if he appear not he is outlawed The four Exigenters at present are William Petty John Dawling Charles Clare and Silvester Petty all in the Gift of the Lord Chief Justice and are for life There are also belonging to this Court four Cryers and a Porter Of the Court called the Exchequer THe next Court for Execution of Laws is that called the Exchequer so called as some think from a Chequer-wrought Carpet covering the great Table in that Court as the Court of Green Cloth in the Kings house is so called from the Green Carpet or else from the French word Eschequier a Chess board because the Accomptants in that Office were wont to use such Boards in their Calculation Here are tryed all causes which belong to the Kings Treasury or Revenue as touching Accounts Disbursements Customs and all Fines imposed upon any man In this Court may sit the Lord Treasurer the Chancellor of the Exchequer the Lord Chief Baron and four other Learned Judges called Barons of the Exchequer and one other Cursitor Baron but the two first seldom sit and the five last Seldom fail The first of these five is the Principal Judge of this Court and answers the Bar or the Baristers who direct their Speech to him takes Recognizances for the Kings Debts c. It is an Office of High Honour and Profit he is styled Lord Chief Baron is Created by Letters Patents to hold this Dignity Quam dieu bene se gesserit wherein he hath a more fixed estate then the Chief Justices of either Bench for the Law intends this an Estate for Life in the absence of the Lord Chief Baron the other three Barons supply his place according to their Seniority but the fifth is said to be a Cursitor of the Court and administers the Oaths to the Sheriffs Under-Sheriffs Baylifs Searchers Surveyors c. of the Custom-house In the Exchequer are held two Courts one of Law another of Equity All Judicial Proceedings according to Law are coram Baronibus but the Court of Equity held in the Exchequer Chamber is coram Thesaurario Cancellario Baronibus This Court had its beginning primo Ph. Mar. The Authority of this Court is of original jurisdiction without any Commission Note also that all the other forementioned Courts were not Instituted by any Statute or written Law but have their Original from the antient Custom of the Kingdom For a long time after the Conquest there sat in the Exchequer both Spiritual and Temporal Barons of the Realm and in later times there sate in their places others that were not Peers of the Realm yet stiled Barons quia ibi sedere solebant Barones All the Twelve Judges belonging to these High Tribunals sit in Robes and Square Caps like those Doctors of Divinity because as some say they were antiently most commonly Clergy-men and Doctors Bishops or Prelates A List of the several Officers belonging to His Majesties Court of Exchequer In the Vpper Exchequer THe Kings Remembrancer Thomas Lord Vicount Fanshaw in whose Office are 8 sworn Clerks whereof John Payn and Thomas Hall Esquires at present are the two Secondaries the rest are Ansel Beaumont Hugh Frankland Butler Buggin George Wats Nicholas Sanders c. In this Office pass all the Accounts concerning the Kings Revenue for Customs Excise Hearth-money Subsidies and all Ayds granted to the King in Parliament and all other Accounts of what nature soever
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
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
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
at this City as oft as the Moon comes to the North East and South West points of Heaven the one in our Hemisphere and the other in the other Hemisphere The highest Tides are upon a Land Flood the Wind Northwest at the Equinoctial and the Moon at full when these four causes concur which is very rare then the Thames swells in some places over its Banks and Westminster is a little endammaged in their Cellars not in their Chambers and upper Rooms as the City of Rome sometimes is by the overflowing of the Tiber and Paris by the Seyne This River opening Eastward towards Germany and France is much more advantageous for Traffick than any other River of England To say nothing of the variety of excellent Fish within this River the fruitful fat soil the pleasant rich Meadows and innumerable stately Palaces on both sides thereof in a word the Thames seems to be the very Radical moisture of this City and in some sense the natural heat too for almost all the Fuel for firing is brought up this River from Newcastle Scotland Kent Essex c. From this River the City by water Engins is in many places supplyed with excelient wholsome water also from almost twenty Conduits of pure Spring water and moreover by a new River brought at a vast charge and exquisite skill by Sir Hugh Middleton who deserves his Statue in Brass from Amwell and Chadwell two Springs near Ware in Hartfordshire from whence in a turning and winding course it runs threescore miles before it reaches this City In some places the Channel is necessarily thirty foot deep in other place it is carried over valeys more then twenty foot high above ground in open Troughs Over this new River are made eight hundred Bridges some of Stone some of Brick and some of Wood Six hundred men have been at once employed in this great work It was begun 1608. and finished in five years It serves the highest parts of London in their lower Rooms and the lower parts in their highest Rooms The vast Traffick and Commerce whereby this City doth flourish may be guessed at chiefly by the Customs which are paid for all Merchandise imported or exported which are but very moderate Impositions in comparison of the Imposts of most other Countries of Europe and yet the Customs of the Port of London onely amount to above three hundred thousand pounds a year By the infinite number of Ships which by their Masts resemble a Forest as they lye along this stream besides many that are sent forth every year to carry and fetch Commodities to and from all parts of the known world whereby it comes to pass that no small number of Merchants of London for Wealth for stately Houses within the City for Winter and without for Summer for rich Furniture plentiful Tables and honorable living c. excel some Princes in divers of our neighbour Nations Moreover one may conjecture at the huge Commerce by the infinite number of great well furnished Shops which a Spaniard once observing together with the great number of Law sutes in Term time made this report of London to his Country-men that it was indeed a great City but made up of nothing but Tiendas y Contiendas Shops and Sutes whereas he might rather have said more truly in a few more words viz. that London is a huge Magazin of Men Money Ships Horses and Ammunition of all sorts of Commodities necessary or expedient for the use or pleasure of mankind that London is the mighty Rendevous of Nobility Gentry Courtiers Divines Lawyers Physitians Merchants Seamen and all kinds of excellent Artificers of the most refined Wits and most excellent Beauties for it is observed that in most Families of England if there be any Son or Daughter that excels the rest in Beauty or Wit or perhaps Courage or Industry or any other rare quality London is their North-star and they are never at rest till they point directly thither The Government of this City considering the greatness and populousness thereof is very admirable and might take up a Volume in the description thereof The Ecclesiastical Government is by a Bishop was in the time of the Britains by an Archbishop but when it became subject to the Saxons the Archiepiscopal Sea was placed at Canterbury not because that was the more worthy City but for the sake of Saint Austin who first preacht the Gospel there to the Heathen Saxons and was there buried Since which time it hath been under a Bishop above ten Centuries and a half in a continual succession in which space there are reckoned 99 Bishops of London to the Present worthy Bishop thereof the grave learned pious divine Doctor Humphry Henchman consecrated Bishop of Salisbury 1660. and translated to London 1663. To his Cathedral also belongs a Dean a Chapter a Treasurer and Thirty Prebendaries all persons of worth For the Ecclesiastical Government of the several Parishes there are are placed many excellent Divines that have the Cure of Souls a Rector or Vicar for every Parish and these have for a long time had the repute of the most excellent way of Sermonizing in Christendom insomuch as divers Divines of foreign Reformed Churches have come hither on purpose to learn their manner of haranguing in the Pulpit For maintaining these Divines with their families there is in every Parish a Parsonage or Vicaridge house and in most a competent allowance in Tithes Antiently the Parsons due in London besides the Tithes of the Trades-mens Gains and Mortuaries Obits c. was 3 s. 5 d. in the pound of the yearly Rent of all Houses and Shops and this was paid as Offerings on Sundayes and Holidayes onely a half penny for each pound whereby the Parishioners did hardly feel it although the Sundayes and Holy-dayes were so many that in a whole year it amounted to 3 s. 5 d. in the pound Afterwards many Holidayes being taken away and the Clergy Means thereby abated it was ordained 25 H. 8. that 2 s. 9 d. in the pound of all Rents of Houses and Shops should be paid yearly to the Parson whereunto the Londoners did not onely consent as they had good reason it being much less in the pound then before but bound themselves by an Act of Common Council to perform the same and the said Ordinance was confirmed in Parliament 27 Hen. 8. and again 37 Hen. 8. with a power given to the Lord Mayor to commit to prison any Citizen that should refuse to pay his Tythes and Dues according to that proportion But since the Reformation many men willing to think Tythes a rag of Popery or else making no conscience of robbing God have devised many base and fraudulent wayes by double Leases by great Fines and small Rents and several other wayes to cheat the Law and their God Mal. 3.8 complaint whereof being made to King James 1618. it was declared in his Court of Exchequer by the Barons there that the Inhabitants of London
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
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
for greater offences they lose their Chambers and are expelled the Colledge and being once expelled they are never received by any of the Three other Societies Which deprivation of Honor to young generous Spirits is more grievous then perhaps deprivation of life These also when they meet at Chappel or Hall or at Courts of Justice wear a grave black-Robe and Cap at other times walk with Cloak and Sword There are no Lands or Revenues belong to these Societies which being no Corporations are not enabled to purchase not have they any thing for defraying the charges of the House but what is paid at Admittances and Quit-Rents for their Chambers The whole Company of Gentlemen in each Society may be divided into Four parts Benchers Utter Barristers Inner Barristers and Students Benchers are the Seniors to whom is committed the Government and ordering of the whole House and out of these is chosen yearly a Treasurer who receiveth disburseth and accounteth for all Moneys belonging to the House Utter Barristers are such as For their Learning and Standing are called by the Benchers to plead and argue in the Society doubtful Cases and Questions which are called Moots from meeting the old Saxon word for the French Assemble or else from the French Mot a word And whilest they argue the said Cases they sit uttermost on the Forms or Benches which they call the Bar. Out of these Mootmen are chosen Readers for the Inns of Chancery belonging to the Inns of Court whereof they are Members where in Term time and grand Vacations they argue Cases in the presence of Attorneys and Clerks All the rest are accounted Inner Barristers who for want of Learning or Time are not to argue in these Moots and yet in a Moot before the Benchers two of these Inner Barristers sitting on the same Form with the Utter Barristers do for their Exercises recite by heart the pleading of the same Moot Case in Law French which Pleading is the Declaration at large of the said Moot-Case the one taking the part of the Plaintiff and the other of the Defendant The year also amongst them is divided into three parts The Learning Vacation the Term-times and the dead or mean Vacation They have two Learning Vacations viz. Lent Vacation which begins the first Monday in Lent and continueth three weeks and three days and Summer Vacation which begins Monday after Lammas-day and continueth also three weeks and three days In these Vacations are the greatest Conferences and Exercises of Study in manner following The Benchers appoint the eldest Utter Barrester to read amongst them openly in the Hall whereof he hath notice half a year before He then the first day about eight of the clock makes choice of some Act or Statute whereupon he grounds his whole Reading for that Vacation and declares such mischiefs and inconveniencies as were unprovided before the same Act and now are provided by the said Act and then reciteth certain Doubts and Questions which he hath devised that may grow upon the said Statute and declareth his Judgment therein After which one of the younger Utter Barresters repeateth one Question propounded by the Reader and doth by way of Argument labor to prove the Readers opinion to be against Law and after him the Senior Utter Barrester and Readers one after another according to Seniority do declare their Opinions and Judgments in the same And then the Reader who did put the Case endeavoâ— to confute Objections laid against him and to confirm his own Opinion After which the Judges and Sergeants if any be present declare their Opinions then the youngest Utter Barrester again rehearseth another Case which is prosecuted as the former was And this Exercise continueth daily about Three or four hours Out of those who have read once in the Summer Vacation and are Benchers is chosen always one to read in Lent who observes the like manner of Reading as before is expressed Out of these Readers usually the Sergeants are chosen The manner of Mooting in the Innes of Court is thus IN these Vacations after Supper in the Hall or after Drinking on Fasting-nights the Reader with one or two of the Benchers comes in to whom one of the Utter Barresters propounds some doubtful Case which being argued by the Benchers and lastly by him that moved the Case the Benchers sit down on the Bench at the upper end of the Hall whence they are called Benchers And upon a Form in the middle of the Hall sit two Inner Barresters and on both sides of them on the same Form sitteth one Inner Barrester who doth in Law French declare to the Benchers as Sergeants do at the Bar in the Kings Courts to the Judges some kinde of Action the one being as it were retained for the Plaintiff and the other for the Defendant Which ended the two Utter Barresters argue such Questions as be disputable within the Case After which the Benchers do likewise declare their Opinions how they take the Law to be in those Questions In these Mootings the Junior always argueth first as is used amongst the Judges in the Exchequer Chamber and amongst the Sergeants in open Courts of Judicature The Inner and Utter Barrester plead here in Law French and the Benchers in English and at the Readings the Readers Cases are put in English Mootings in the Inns of Chancery are thus IN the Learning Vacations each Utter Barrester who is a Reader in the Inns of Chancery go with two Students of the same Inn of Court to the Inn of Chancery where he is appointed to Read and there meet him commonly two of each Inns of Court who sitting as the Benchers do in the Inns of Court at their Moots they hear and argue his Case In the Four Inns of Chancery that are situated in Holborn the Moots are read either by those of Greys Inne or Lincolns Inne the others by the two Templers In Term time the only Exercises of Learning is arguing and debating Cases after Dinner and Mooting after Supper in the same manner as in the Vacation time The time between the learning Vacations and Terms is called the mean Vacation during which time every day after Dinner Cases are argued as at other times and after Supper Mootes are brought in and pleaded by the Inner Barresters in the presence of the Uutter Barrester which sit there in the Room of the Benchers and argued by them as the Benchers do in Term time and learning Vacation The Manner of keeping a Christmas in any of the Innes of Court thus THe Students hold a Parlament before Christmas and in case there be in London no Pestilence and that the House is furnished with such a number of Students and of such quality as are meet to keep a solemn Christmas then are chosen and appointed certain of the Students to be Officers in imitation of the Kings Court as Comptroller Treasurer c. These bear rule in the House during the whole time of Christmas and are
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
John Earl of Bridgewater The Third is the Vice-Chancellor who is yearly nominated by the Chancellor and is commonly the Head of some Colledge His Duty is in the Chancellors absence to do whatever almost the Chancellor might do if he were present Moreover he takes care that Sermons Lectures Disputations and other Exercises be performed that Hereticks Fanaticks Nonconformists c. be expelled the University and the converse with Students that the Proctors and other Officers and publick servants of the University duly perform their Duty that Courts be duly called and Law-sutes determined without delay in a word that whatever is for the Honour and Profit of the University or may conduce for the advancement of good literature may be carefully obtained The present Vice-Chancellor is Doctor Richard Mews President of St. Johns Colledge Fourthly the two Proctors chosen every year out of the several Colledges by turns these are to assist in the Government of the University more particularly in the business of Scholasticque exercises and taking Degrees in searching after and punishing all violaters of Statutes or Priviledges of the University all Night-walkers c. They have also the oversight of Weights and Measures that so the Students may not be wronged They are at present Mr. Alexander Pudsey of Magdalen Colledge and Mr. Henry Smith of Christ Church Next in order is the Publick Orator whose business is to write Letters according to the Orders of the Convocation or Congregation also at the Reception of any Prince or great Person that comes to see the University to make solemn Harangues c. He is now Robert South Dr. in Divinity Then is the Custos Archivorum or Keeper of Records whose Duty it is not only to collect and keep the Charters Priviledges and Records that concern the University but also to be always ready to produce them before the chief Officers and to plead the Rights and Priviledges of the said University This Office is now in the trust of Dr. Wallis Lastly is the Register of the University Mr. Cooper whose Office is to Register all Transactions in Convocations Congregations Delegacies c. Besides the fore-mentioned Officers there are certain publick Servants of the University called Bedels from the High Dutch Bitter or else from the Low Dutch Bidden to summon admonish or pray of these there are six whereof three are called Squire Bedels and carry large Maces of Silver Guilt the other three are stiled Yeomen Bedels and carry large Silver Maces unguilt Their Office is alwayes to wait on the Vice-Chancellor in Publick doing what belongs to his place and at his Command to seize any Delinquent and carry him to Prison to summon any to publish the calling of Courts or Convocations to conduct Preachers to Church or Lecturers to Schools c. Upon more solemn times and occasions there is a seventh that carries in his hand a Silver Rod and is thence called the Virger who with all the other six walk before the Vice-Chancellor and is ready to observe his Commands and to wait on Grand Compounders c. Other publick Servants of less note shall be passed by Many Kings of England have been great Favourers of Learning and esteemed it their honour to give or enlarge the Priviledges of the Universities By Charter of Edward 3. the Mayor of Oxford is to obey the orders of the Vice-Chancellor and to be in subjection to him The Mayor with the chief Burgesses in Oxford and also the High-Sheriff of Oxfordshire every year in a solemn manner take an Oath given by the Vice-chancellor to observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every year on the day of St. Scholastica a certain number of the Principal Burgesses publickly and solemnly do pay each one a Penny in token of their submission to the Orders and Rights of the University No Victuals to be taken by the Kings Purveyors within five miles of Oxford unless the King himself comes thither King James of happy memory honoured both Universities with the Priviledge of sending each two Burgesses to Parliament It is none of the least Priviledges belonging to the two Universities that they are subject to the Visitation or Correction of none but the King or whom he shall please to Commissionate By Charter of Henry 4. It is left to the choice of the Vice-Chancellor whether any Member in the University there inhabiting accused for Felony or High Treason shall be tryed by the Laws of the Land or by the Laws and Customs of the University though now where life or limb is concerned the Criminal is left to be tryed by the Laws of the Land No Students of Oxford may be sued at common Law for Debts Accounts Contracts Injuries c. but onely in the Court of the Vice-Chancellor who hath power to determine Causes to imprison as aforesaid to give corporal punishment to excommunicate to suspend and to banish Antiently in Oxford as now in most Universities beyond the Seas the Students without any distinction of Habit lived in Citizens Houses and had meeting places to hear Lectures and dispute After that there were divers Houses for Students onely to live together in Society as now in the Innes of Court and of Chancery at London and those places were called either Inns from the Saxon or Hostels from the French and at present are named Halls where every Student lived wholly upon his own charges until divers bountiful Patrons of Learning in their great wisdom thought best to settle for ever plentiful Revenues in Lands and Houses to maintain in Lodging Dyet Cloaths and Books such Students as by Merit and Worth should from time to time be chosen and to settle large Salaries for Professors to instruct them and for a head to govern them according to certain Statutes and Ordinances made by the said Patrons or Founders And these are called Colledges whereof the first thus endowed in Europe were University Baliol and Merton Colledge in Oxford all made Colledges in the Twelfth Century after the Birth of Christ although University Colledge hath been reckoned a place for Students ever since the year Eight hundred seventy two by the Royal Bounty of our foresaid Saxon King Alfred and was anciently called The University Colledge where were divers Professors and all the Liberal Sciences read Of such endowed Colledges there are in Oxford Eighteen and of Halls where with the like Discipline Students live upon their own means onely excepting some certain Exhibitions or Annual Pensions annexed to some one or two of them there are seven of all which the names and Governors See the first Part of the Present State of England These Colledges have within their own Walls Lectures Disputations all Professions and Liberal Sciences read and taught and in some of them Publick Lectures for all Comers and large Salaries for the Readers insomuch that they seem so many compleat Universities and are not inferior to some of our Neighbor Countreys Lipsius whose Testimony