Tribulations and perplexities wherein we have exceeding much bin encumbred by comforting us and by applying and in powring remedies upon us beyond all hope and expectation There was also adjoyning hereto a Palace the ancient Habitation of the Kings of England from the time of King Edward the Confessor which in the Raign of King Henry the eighth was burnt by casual fire to the ground A very large stately and sumptuous Palace this was and in that age for building incomparable with a Vawmure and Bulwarks for defence The remains whereof are the Chamber wherein the King the Nobles with the Councellors and Officers of State do assemble at the High Court of Parliament and the next unto it wherein anciently they were wont to begin the Parliaments known by the name of St. Edwards painted Chamber because the Tradition holdeth that the said King Edward therein dyed Adjoyning unto this is the White-Hall wherein at this day the Court of Requests is kept beneath this is that Hall which of all other is the greatest and the very Praetorium or Hall of Justice for all England In this are the Judicial Courts namely The Kings Bench The Common Pleas and the Chancery and in places near thereabout the Star-Chamber the Exchequer Court of Wards and Court of the Dutchy of Lancaster c. In which at certain set times we call them Termes yearly Causes are heard and tryed whereas before King Henry the third his dayes the Court of Common Law and principal Justice was unsetled and alwayes followed the Kings Court But he in the Magna Charta made a Law in these words Let not the Common Pleas follow our Court but be holden in some certain place which notwithstanding some expound thus That the Common Pleas from thenceforch be handled in a Court of her own by it self a part and not in the Kings Bench as before This Judgement-Hall which we now have King Richard the second built out of the ground as appeareth by his Arms engraven in the Stone-work and many Arched Beams when he had plucked down the former old Hall that King William Rufus in the same place had built before and made it his own Habitation For Kings in those dayes sate in Judgement place in their own persons And they are indeed the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Judges whose mouth as the Royal Writer saith shall not erre in judgement But the foresaid Palace after it was burnt down in the year of our Lord 1512. lay desolate and King Henry the eighth translated shortly after the Kings Seat from thence to an House not far off which belonged but a while before to Cardinal Woolsey and is called White Hall This House is a Princely thing enclosed on the one side with a Park that reacheth also to another House of the Kings named Saint James where anciently was a Spittle for Mayden Lepers demolished by King Henry the eighth as is spoken else-where Hard by near unto the Mues so called for that it served to keep Hawkes and now is become a most fair Stable for the Court Horses there remaineth a Monument in memorial of that most pious and kind Queen Eleanor erected by King Edward the first her most dearly beloved Husband and certainly the memory of her conjugal love shall remain worthy to be consecrated to eternity For she the Daughter of Ferdinand the third King of Castile being given in Mariage to Edward the first King of England accompanied him into the Holy Land where when as he was secretly fore-laid and by a certain Moor wounded with an envenomed Sword and by all the remedies that Physitians could devise was not so much eased as afflicted she took her to a strange cure I must needs say and never heard of before howbeit full of love care and affection For her Husbands wounds infected with the poyson and which by reason of the malignity thereof could not be closed and healed she day by day licked with her Tongue and sucked out the venomous humor which to her was a most sweet Liquor by the vigour and strength whereof or to say more truly by vertue of a Wives sâ—ingular fidelity she so drew unto her all the substance of the poyson that the wounds being closed and cicatrized he becam perfectly healed and she caught no harm at all what then can be heard more raâ—e what admirable then this Womans faithful more love That a Wives Tongue thus annoynted as I may so say with faith and love to her Husband should from her well beloved draw those poysons which by an approved Physitian could not be drawn and that which many and those right exquisite Medicines effected not the love only and piety of a Wiâ—e performed These are the words of the aâ—cient Record But we must not passe by the Mewse so sleightly that place was called so of the Kings Faulcons there kept which in former times was an Office of high esteem But Henry the eighth having his Stablings at Lomesberry now called Blomesberry which was then a Mâ—nnor in Holborn it fortuned that the same was consumed by â—ire with Hay and Horses whereupon the Mewse was enlarged and made fit for the Kings Stables which hath continued ever since receiving divers additions from time to time But now we are according to the method of our Discourse summoned to appear at Westminster-Hall But I had almost pretermitted one signal thing which belongs to the great Dome or Temple of Westminster Abbey which is the great priviledge of Sanctuary it had within the Precincts thereof viz. the Church the Church-yard and the Close whereof there are two the little and the great Sanctuary vulgarly now called Centry from whence it was not lawful for the Soveraign Prince himself much lesse any other Magistrate to fetch out any that had fled thither for any offence which Prerogative was granted near upon a thousand years since by King Sebert then seconded by King Edgar and afterwards confirmed by Edward the Confessor whose Charter I thought worthy the inserting here the Tenor whereof runs thus in the modern English Edward by the Grace of God King of Englishmen I make it to be known to all Generations in the VVorld after me that by special Commandment of our holy Father Pope Leo I have renewed and honoured the holy Church of the blessed Apostle St. Peter of Westminster and I order and establish for ever that what Person of what estate or condition soever he be and from whence soever he come or for what offence or cause it be either for his refuge into the said holy place he be assured of his life liberty and Limbs And over I forbid under pain of everlasting damnation that no Minister of mine or any of my Successors intermeddle themselves with any the Goods Lands or possessions of the said persons taking the said Sanctuary For I have taken their Goods and Livelihoods into my special protection And therefore I grant to every each of them in as much as my Terrestrial
businessse aforesaid so that the business may not by any means remain undone for want of such power or by reason of the unprovident Election of the foresaid Knights Burgesses and Citizens But we will not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay unto us in our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto us the other part of the Indenture aforesaid affil'd to these presents ogether with the Writ Witness our Self at Westminster This Commission or Writ is the foundation whereon the whole fabrick of the power and duty of both Houses of Parliament is grounded The first House is to parley or have conference and to treat and consult with the King the other House is to do and consent only unto what the other shall ordain This was the Law and usage in former times but what is the power of the Commons in these dayes now that the Government is altred and cast into another mould the House of Peers being dissolved it is not the intent of this Discourse to determine At the return of the Writs aforesaid the Parliament could not begin but by the Royal presence of the King either in Perâ—on or by Representation By Representation two wayes either by a Gardian of England by Letters Patenrs under the Great Seal when the King was in remotis out of the Realm or by Commission under the Great Seal to certain Lords of Parliament representing the Person of the King he being within the Realm but absent in respect of some infirmity On the first day of the Parliament the King himself or most commonly the Lord Chancellor or Keeper in the presence of the Lords and Commons did shew the causes of the calling of High Court of Parliament but the King might have appointed any other to be his Prolocutor in this case Then the Commons are to choose their Speaker but in regard that after their choyce the King might refuse him for avoiding of time and contestation the use was as in the Congè deslire of a Bishop that the King doth recommend a discreet and learned man whom the Commons elect but without their Election no Speaker can be appointed for them because he is their mouth and intrusted by them and so necessary that the House of Commons cannot sit without him therefore a grievous sickness is a good cause to remove him as in Henry the 4th Raign Iohn Chervy Speaker was for sickness discharged and Sir Iohn Dorewoold chosen in his place but sickness is no cause to remove any Knight Citizen or Burgesse The Speaker being voted in the House was presented to the King where being allowed he made a supplication consisting of three parts First That the Commons in Parliament might have free speech Secondly That in any thing he should deliver in the name of the Commons if he should commit any error no fault should be imputed to the Commons Thirdly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by the directions of the House have access to his Royal Person Any of the Peeâ—s by the Kings leave may absent himself and make a proxy to another Lord but a Knight Citizen or Burgess cannot make a Proxy because he is elected and intrusted by multitudes of people And it is to be observed though one be chosen for one particular County or City yet when he is returned and sits in Parliament he serveth for the whole Common-wealth There belongs to Parliament a Prorogation or adjournment which differ in this A Prorogation presupposeth a Session and then such Bills as passed in either House or by both Houses and had no Royal assent unto them must at the next Assembly begin again for every Session in Parliament is in Law a several Parliament but if it be but adjourned then there is no Session When a Parliament is called and doth sit and is dissolved without any Act passed or judgement given it is no Session of Parliament but a Convention Touching the Power and Jurisdiction of Parliament for making of Lawes in proceeding by Bill it is so transcendent and absolute as it cannot be confined within any bounds No Alien is capable to be chosen a Parliament-man nor can any of the Judges of the Kings Bench or Common Pleas or Barons of the Exchequer that have Judicial places or any Church-man that hath care of souls be chosen a member of the House of Parliament For others the King cannot grant a Charter of Exemption to any man to be freed from Election of Knight or Burgesse of the Parliament because the Elections of them ought to be free for the publique service OF THE COVRT OF THE KINGS-BENCH THE Royallest Court in the Land Now called The Upper Bench. THe Lawes of England presuppose the King to be the Fountain and Oracle of Justice and to have special inspirations from Heaven to that purpose therefore all the Tribunals of Judicature were used to be ambulatory with his Court and He was wont to sit in Person in the Upper Bench which is the Supreme Tribunal of the Land The Justices in this Court are the soveraign Justices of Oyer and Terminer Goal-delivery Conservation of the Peace c. in the Realm In this Court the Kings of this Realm have sat as being the highest Bench and the Judges of that Court on the lower Bench at his Feet but Judicature only belongeth to the Judges of that Court and in his presence they answer all Motions c. The Justices of this Court are the soveraign Coroners of the Land and therefore where the Sheriffs and Coroners may receive appeals by Bill à fortiori the Justices of this Court may do it so High is the authority of this Court that when it comes and sits in any County the Justices of Eire of Oier and Terminer Coal-delivery they which have conusance c. do cease without any writing to them But if any Indictment of Treason or Felony in a Forain County be removed before certain Commissioners of Oier and Terminer in the County where this Court sits yet they may proceed because this Court for that this Indictment was not removed before them cannot proceed for that offence But if any Indictment be taken in Midd in the vacation and after this Court sit in the next Term in the same County if this Court be adjourned then may special Commissioners of Oier and Terminer c. in the interim proceed upon that Indictment but the more usual way is by special Commission And this was resolved by all the Judges of England at Winchester Anno 1 ' Iacobi Regis in the Case of Sir Everard Digby and others and so had it been resolved Mich. 25 and 26 Eliz. in the Case of Arden and Somervile for
the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aroâ—e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adultâ—mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idonâ—os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Peâ—y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chanceâ—y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents
the Clerks of the Petty-bag and the six Attorneys Having spoken somewhat of this Court 's ordinary Jurisdiction something shall be said of the extraordinary proceedings thereof according to the Rule of Equity secundum aquum et bonum or according to the dictates of Conscience for the Lord Chancelor or Keeper of the Great Seal of England may be said to be Keeper of the Kings Conscience for mitigation of the rigour of the Common Law Yet this Court of Equity proceeding by English Bill is no Court of Record therefore it can bind but the Person only and neither the State of the Defendants Lands nor property of his Goods and Chattles therefore if the Lord Chancelor impose any fine it is void in Law he having no power but on the Person only Yet the Lord Chancelor or Keeper is sole Judge both in this Court of Equity and in the Court concerning the Common Law but in cases of weight or difficulty he doth assist himself with some of the Judges and no greater exception can be taken hereunto than in case of the Lord Steward of England being sole Judge in tryal of the Nobility who also is assisted with some of the Judges Touching this Court of Equity the ancient Rule is that three things are to be considered in a Court of Conscience Covin Accident and Breach of confidence All Covins collusions frauds and deceits for which ther 's no remedy by the ordinary course of Law Accident as when the servant of an Obligor or Morgageor is sent to pay the money on the day and he is robb'd c. then remedy is to be had in this Court against the forâ—eiture The third is breach of tru't and confidence whereof there are plentiful examples The ancient Custome was when one was made Lord Chancellor for the King to hang the Great Seal about his Neck Cardinal Woolsey had the Chancelorship by Letters Patâ—ents during life but it was held void because an ancien Office must be granted as it was accustomed Henry the 〈◊〉 had two great Seals one of Gold which he delivered the Bishop of Durham and another oft Silver which he delivered the Bishop of London The Chancellors Oath consists of six parts 1. That well and trâ—ly he shall serve the King our Soveraign Lord and his People in the Office of Chancellor or Lord Keeper 2. That â—e shall do right to all manner of people poor and rich after the Laws and usages of the Realm 3. That he shall truly Counsel the King and his Counsel he shall layne or conceal and keep 4. That he shall not know nor suffer the hurt or disheriting of the King or that the Rights of the Crown be decreased by any means as far as he may let it 5. And in case he cannot let it he shall make it clearly and expresly to be known to the King with his true advice and counsel 6. He shall do and purchase the Kings profit in all that he reasonably may There be in this Court many Officers whereof mention is made before the principal whereof is the Master of the Rolls which is an ancient Office and grantable either for life or at will according to the Prince his pleasure Edward the third by Letters Patents annex'd the House of the converted Iews in Chancery Lane to this Office for keeping of the Records of the Chancery viz. Charters Letters Patents Commissions Deeds Recognizances which before the Reign of Henry the seventh were used to be transmitted to the Tower of London The Master of the Rolls used to have Iure Officii the gift of the Offices of the six Clerks in the Chancery and in the absence of the Lord Chancellor he heareth Causes and giveth Orders OF THE COVRT OF COMMON-PLEAS IN WESTMINSTER-Hall IN times pass'd the Courts and Benches or Banks of Justices as was touched before followed the Kings Person wheresoever he went as well since the Conquest as before which thing being found chargeable and cumbersome The ninth of Henry the third it was resolved that there should be a standing place appointed where matters should be heard and determined And the Court of the Common Pleas was the first that was fix'd wherein tenures of Lands and civil Actions used to be pleaded And it is one of the Statutes of Magna Charta Quod Communia placita non sequantur Curiam nostram sed teneantur loco certo That the Common Pleas follow not our Court but be kept in a certain place Now Pleas are distinguished into Pleas of the Crown as Treason and Felony with misprision of Treason and Felony which belong to the Upper Bench and to Common or Civil Pleas whereof this Court takes Cognizance This Court therefore is call'd the Lock and Key of the Common Law of England and the Judges there sitting had need to be more knowing and learned than any other for here all Reall Actions whereupon Fiâ—es and recoveries the common assurances of the Land do passe and all other reall Actions by original Writs are to be determined as also of all Common 〈◊〉 mixt or personal in divers of which the Kings Bench this Court have a concurrent authority But regularly this Court cannot hold Common 〈◊〉 in any Action real mix'd or personal but by Writ out of the Chancery and returnable to this Court yet this Court in some cases may hold Plea by Bill without any Writ in the Chancery as for or against any Officer 〈◊〉 or priviledged Person of this Court. This Court also without any Writ may upon a suggestion grant Prohibitions to keep Temporal as well as Ecclesiastical Courts within their bounds and jurisdictions without any Original or Plea depending for the Common Law which in those cases is a Prohibition of it self stands instead of an Original The Chief Justice of this Court is created by Letters Patents during the pleasure of the Prince and so are the rest of his Associats but none is capable to be constituted a Judge here unlesse he be a Sargeant at Law of the degree of the Coif The jurisdiction of this Court is general extendeth throughout England The Officers of this Court are many viz. Custos Brevium three Protonotaries Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoins Clerk of the Outlaries which belongeth to the Attorney General who doth exercise it by Deputy In former times great abuses have been by Attorneys of this Court by suing out a Judicial Processe with any Original which when detected have been severely punished OF THE COVRT OF THE EXCHEQUER THe Authority of this Court is of Original Jurisdiction without any Commission In the chief place of account for the Revenues of the Crown The Hearers of the accounts have Auditors under them and they who are the chief for the accounts of the Prince are called Barons of the Exchequer whereof one is called Lord Chief Baron The greatest Officer of all is the Lord Treasurer In
Sheriffs and other Accounts keep their day of prefixion 6. The green Was is certified into this Office and by him delivered to the Clerk of the Estreats 7. There ought to be brought into this Office all the Accounts of Customers Controulers and all other to make an entry of Record in this Office to avoid delay and concealments The Oath of the Barons of the Exchequer consists of ten parts First That he shall well and truly serve in the Office of Baron 2. That truly he shall charge and discharge all manner of people as well poor as rich 3. That for Higness nor for Riches nor for hatred nor for any deed gift or promise of any person which is made unto him nor by craft engine he shall let the Kings right 4. He shall not let disturbe or respite contrary to the Lawes of the Land the Right of any other person 5. He shall not put in respite the Kings Debts where goodly they may be levied 6. That he shall speed the Kings need before others 7. That neither for gift wages nor good deed he shall layn disturb nor let the profit or reasonable advantage of the King in the advantage of any other Person nor of himself 8. That nothing he shall take of any Person to do wrong or right to delay or deliver or to delay the people that have to do before him that as hastily as he may them goodly to deliver without hurt of the King c. 9. Where he may know any wrong or prejudice to be done to the King he shall put and do all his power and diligence that to redresse 10. The Kings Counsel he shall keep and layne in all things In the Exchequer Chamber all cases of difficulty either in the Kings bench or the Common Pleas were used to be debated argued and resolved by all the Judges of England and the Exchequer Barons The Treasurer of the Kings Chamber and the Keeper of the privy purse with such domestick Offices of the Kings House are not subject to this Court of Exchequer This Court was first erected for the particular profit and service of the Soveraign Prince And this profit is mediat or immediat Immediat as of Lands Rents Franchises Hereditaments Debts Duties Accounts Goods Chatrels and other profits and benefits whatsoever due unto the Soveraign Prince Mediate as the priviledge of the Officers and Ministers of the Court for two things do principally support the jurisdiction of a Court as my Lord Coke hath it first the preservation of the dignity thereof and then the due attendance of the Officers and Ministers of the same The chief Baron is created by Letters Patents and the Office is granted Quamdiu se bene gesserit wherein he hath a more fixed estate it being an estate of life than the Justices of other Benches have who are durante beneplacito And in like manner are the rest of the Barons constituted with the Patents of the Attorney General and Solicitor There is a Court called the Court of Equity in the Exchequer Chamber The Iudges of this Court are the Lord Treasurer the Chancelor of the Exchequer and the Barons Their jurisdiction is as large for matter of Equity as the Barons of the Exchequer have for the benefit of the King by the common Law but if in either Court they hold any Plea that doth not concern the profit of the King there lieth a Prohibition To conclude there are seven Courts that belong to the Exchequer 1. The Court of Pleas or of the Barons 2. The Court of Accounts 3. The Court of Receits 4. The Court of the Exchequer Chamber being the Assembly of all the Iudges of England for matters in Law 5. The Court of Exchequer for Errors in the Court of Exchequer 6. A Court in the Exchequer Chamber for Errors in the Kings Bench. 7. The Court of Equity spoken of a little before But touching all the Officers either coordinate or inferior that belong to the Exchequer and the Revenues Customes perquisits of the Soveraign Prince they are very many far more in number than in any other Court as was touched before yet nothing so numerous as those Financiers and swarm of other Officers which belong to the Revenues of France which are so many that their fees being payed there comes not a Quardecu in every Crown clearly to the Kings Coffers which is but the fourth part But there is one publick advantage in it that thousands of younger Brothers and others have a handsome subsistance to carry themselves hereby in the garbe and equipage of men OF THE COURT OF ADMIRALTY HAving thus made some inspections into so many Courts we must not pretermit the Court of Admiralty for Great Britain being an Island which makes the Sea and Woodden Castles to be her chiefest Conservators the Court of Admiralty may be said to be more pertinent and necessary to her then to divers other States therefore the Lord High Admiral is by the Law of England one of the four Officers of the Crown with the Lord Chancelor the Lord Treasurer and Lord privy Seal Some hold the Etymology of Admirall to come from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth Salsugo maris the saltness of the Sea others derive it from Ammir an Arabian word which signifieth a King or Emperor And some would have it to come from the low Dutch Aen-meer-all which signifie on the Sea all The Reader according as his own judgement leads him may adhere to which he please for I know of none that have positively asserted which is the truest But to know the nature and jurisdiction of this Court it will conduce very much if we insert here certain grievances which the Lord Admiral presented in the 8th year of K. Iames concerning Prohibitions granted by the Judges of the Courts of Westminster against the Jurisdiction and Prerogatives of this Court with the answer which the Judges returned to every point 1. The first Objection was that whereas the cognizance of all Contracts and other things done upon the Sea belongeth to the Admirals jurisdiction the same are made tryable at the common Law as if they had bin done in Cheapside and such places The Judges of Westminster-Hall answered that by the Lawes of the Realm the Court of the Admiral hath no cognizance power or jurisdiction of any manner of Contract plea or querele within any County of the Realm either upon the Land or the water but every Contract Plea or querele and all other things arising in any County of the Realm either upon the Land or the water and also Wrecks of the Sea ought to be tryed discussed determined and remedied by the common Lawes of the Land and not before or by the Admiral or his Lieutenant in any manner so that it is not material whether the place be upon the water intra fluxum refluxum aqua or whether it be upon any other water within the precincts of a County But the said
Judges acknowledged that of Contracts pleas and quereles made upon the Sea or any part thereof which is not within any County from whence no tryal can be had by twelve men the Admiral hath and ought to have jurisdiction And no president can be shewed that any Prohibition hath bin granted for any plea contract or querele concerning any Marine cause made or done upon the Sea taking that only to be the Sea wherein the Admiral hath his jurisdiction which is before described by Law to be out of any County 2. The second Objection was that when actions are brought to the Admiralty upon Bargains and Contracts made beyond the Seas wherein the common Law cannot administer justice yet in these cases prohibitions are awarded in prejudice of the Court of Admiralty The Judges answer that Bargains and Contracts made beyond the Sea wherein the common Law cannot administer justice do belong to the Constable and Marshal For the jurisdiction of the Admiralty is wholly confined to the Sea which is out of any County but if any Indenture Bond or other specialty or any Contract be made beyond the Seas for doing of any act or payment of any money within this Realm or otherwise wherein the common Law can administer justice and give ordinary redress In these cases neither the Constable nor Marshal nor the Court of Admiralty hath any jurisdiction therefore when that Court hath proceeding in derogation of the common Law prohibitions have bin issued out as by the Law they ought 3. The third Objection was that whereas time out of minde the Court of Admiralty hath taken stipulations for appearance and performance of the acts and judgements of the same Court It is now affirmed by the Judges of the common Law that the Admirals Court is no Court of Record and therefore not able to take such stipulations hereupon prohibitions are granted to the utter overthrow of that jurisdiction The Judges answered that the Court of the Admiralty proceeding by the course of the Civil Law is no Court of Record and therefore cannot take any such a recognizance as a Court of Record may And for taking Recognizanses against the Law of the Realm we finde that prohibitions have bin granted And if an erroneous sentence be given in that Court no Writ of Error but an appeal before certain Delegates do lye which proves 't is no Court of Record 4. The fourth Objection was that Charter parties made only to be performed upon the Seas are daily withdrawn from that Court by prohibitions The Judges answered That if the Charter party be made within any City Port-Town or County of this Realm although it be to be performed either upon the Seas or beyond the Seas yet it is to be tryed and determined by the ordinary course of the Common Law and not in the Court of the Admiralty And therefore when that Court hath encroached upon the common Law in that case the Iudge of the Admiralty and party there suing have bin prohibited and oftentimes the party condemned in great and grievous dammages by the Lawes of the Realm 5. The fifth Objection was that notwithstanding the clause of Non obstante statuto which hath foundation in his Majesties Prerogative and is current in all other grants yet in the Lord Admirals Patent 't is said to be of no force to warrant the determination of the Causes committed to him in his Lordships Patent and so rejected by the Iudges of the common Law The common Lawyers answer that without all question the sundry Statutes which declare the jurisdiction of the Court of Admiralty and wherein all the Subjects of the Realm have interest cannot be dispensed with by any non obstante statuto and therefore not worthy of any answer but by colour thereof the Court of Admiralty hath contrary to those Acts of Parliament encroached upon the jurisdiction of the common Law to the intolerable grievance of Subjects which hath oftentimes urged them to complain in his Majesties ordinary Courts of justice in Westminster-Hall for their relief in that behalf 6. The sixth Objection was that to the end that the Admirals jurisdiction might receive all manner of empeachment and interruption the Rivers beneath the first Bridges where it ebbeth and floweth and all the Creeks and Ports are by the Iudges of the common Law affirmed to be no part of the Sea nor within the Admirals jurisdiction and thereupon prohibitions are ordinarily awarded upon actions depending in that Court for Contracts and other things done in those places notwithstanding that by use and practise time out of minde the Admirals Court hath had jurisdiction within such Ports Creeks and Rivers The Judges answer was like to their first And 't was further added that for the death of a man or mayhm in those two cases only done in great Ships being and hovering in the main stream only beneath the point of some Rivers nigh unto the Sea and no other place of the same Rivers nor in other causes but only in those two the Admiral hath cognizance But for all Contracts Pleas and Quereles made or done upon a River Haven or Creek within any County of this Realm the Admiral without question hath no jurisdiction for then he should hold plea of things done within the Body of the County which are tryable by verdict of twelve men and meerly determinable by the common Law and not within the Court of the Admiralty according to the Civil Law for that were to change and alter the Lawes of the Realm in like cases and make those Contracts Pleas and Quereles tryable by the common Law of the Realm to be drawn off ad aliud Examen and to be sentenced by the Iudges of the Admiralty according to the Civil Law 7. The seventh Objection was that the Agreement made Anno 1575. between the Judges of the Kings Bench and the Court of the Admiralty for the more quiet and certain Execution of Admiral Iurisdiction is not observed as it ought to be The Iudges answered that the supposed Agreement mentioned in the Article hath not as yet bin delivered them but having heard the same read before his Majesty they answer'd that for so much thereof as differeth from these answers it is against the Lawes and Statutes of this Realm therefore the Iudges of the Kings Bench never assented thereunto as was pretended 8. The eighth Objection was That many other grievances there were which in discussing of these former would easily appear worthy of Reformation To this the Judges answered that this Article was so general as no particular answer can be made thereunto only it appeareth by that which hath bin said that the Lord Admiral his Officers and Ministers principally by colour of that Non obstante and for want of learned advice have injustly encroached upon the common Lawes of this Realm for which the marvel is the lesse because that the Lord Admiral his Lieutenants Officers and Ministers have without all colour intruded upon the
Buildings did much increase and the Suburbs strerch'd forth from the Gates a great way on every side but Westward especially which may be said to be best peopled and the civillest part For there all the twelve Inns of Court are situate for the Students of the Law whereof fower being very fait and large belong to the Iudicial Courts the rest to the Chancery Besides two Inns more for the Servientes ad legem or the Sargeants at Law â—ere such a number of young Gentlemen do so ply their Studies in all kind of Sciences and other civilities besides the Law that for a choyse way of Education and Gallantry Sir Iohn Fortescue in his Treatise of the Lawes of England doth affirm It is not inferior to any place of Christendom The said four principal Houses are the Inner Temple the middle Temple Graies Inne and Lincolns Iune The two former stand in the very same place where in times pass'd during the Raign of King Henry the second Heraclius Patriark of Ierusalem consecrated a Church for the Knight-Templers which they had newly built according to the form of the Temple neer unto the Sepulcher of our Saviour at Ierusalem for at their first Institution about the yeer of our Lord 1113. they dwelt in part of the Temple hard by the Holy Sepulcher whereof they were so named and vow'd to defend Christian Religion the Holy Land and Pilgrims going to visit the holy Sepulcher against all Mahumetans and Infidels professing to live in chastity and obedience whereupon all men voluntarily and with candid Christian hearts embrac'd and honor'd them so that through the royal munificence of Princes and other devout people having got very fair possessions and exceeding great wealth they flourish'd in a high reputation for piety and devotion yea out of an opinion of the holiness of the men and of the Place King Henry the third and many Noblemen desired much to be buried in their Church among them where some of their Statues are to be seen crosse-legd to this day for so they were used to be buried in that Age having taken upon them the Crosse to serve in the holy Warres and vow'd the same accordingly among whom was William Marshall the elder a powerful man in his time VVilliam and Gilbert his Sonnes Marshals of England and Earls of Pembroke Upon VVilliam the Elder there were in the upper part engraven these words Comes Pembrochiae and upon one side this Verse Miles eram Martis Mars multos vicerat armis But in process of time when with insatiable greediness they had hoarded up much wealth by withdrawing Tithes from many Churches and appropriating spiritual Livings unto themselves and by other meanes their riches turnâ—d to their ruine which may be one day the fortune of the Jesuites as I heard Count Gondamar once say For thereby their former innocence and piety began to be stifled they sell a clashing with other Religious Orders their professed obedience to the Patriark of Ierusalem was rejected they drâ—w daily more envy upon themselves and an ill repute insomuch-that in the yeer 1312. this Order was condemned of impiety other hainous crimes all this by the Popes Authority but specially by the instigation of the French King they were utteâ—ly abolished Nevertheless their possessions here were by Authority of Parliament assigned unto the Knights Hospitalers of St. Iohn of Ierusalem lest that such Lands given to Religious and good uses should be alienated against the pious Donors Wills Yet it appeares in ancient writings that this place after the expulsion of the Templers was the Seat and Habitation of Thomas Earl of Lancaster and Sir Hugh Spencer King Edward the seconds Minion afterwards of Sir Aimer de Valence Earl of Pembrook and in the end turned to two Colleges or Inns of Court for the study of the Lawes The other two great Inns were also the mansions of Noble men Grayes Inne of the Lord Grey of Wilton and the other of the Earls of Lincoln Neer unto this Henry the third erected between the two Temples a House for Converts as they call'd it for the maintenance of those that were conâ—erted from Iudaisme to Christianity which Edward the third afterwards made an Archive to keep Rolls and Records in and therefore 't is called to this day The Rolls In the yeer 1381. the Rebels of Essex and Kent among other places destroyed and pulled down the Lodgings and Houses of this Temple took out of the Church the Books and Records that were in hutches of the Apprentices of the Law carried them out into the street and burnt them The House they spoiled and burnt also out of an hatred they bore to Sir Robert Hales Lord Prior of St. Iohn of Jerusalem which was a place of so high a Dignity that the Prior of St. John's was accounted the first Parliamentary Peer of England But the said House at sundry times was repaired again and touching the Gate-house of the middle Temple Sir Amias Paulet did build it up while he remained Prisoner having incur'd the indignation of Cardinal Wolsey for an old grudge The great Hall in the middle Temple was built about the yeer 1572. in the Raign of Queen Elizabeth The Temple-Church had of old a Master and four stipendary Priests with a Clerk for the ministration of divine service who had allowance given them out of the Revenues of St. John of Jerusalem and that Hospital but now by the revolution of time and Ecclesiastical alterations they have but one Minister to serve them Of fresh water Rivers Aqueducts Conduits and Fountains that belong to the City of LONDON AS the principal thing that conduceth to the health of humane bodies is the blood that runneth through their Veins so the chiefest thing that tends to the welfare of a City is to have Springs and Conduits of fresh water run within her therefore we will proceed now to give an account of those ancient and present Rivers Brooks Boorns Pools Wells Conduits and Aqueducts which serve to refresh the City of London In former Ages until the Conquerors time and long after the City of London was watred besides the River of Thames on the South part with the River of Wells as it was then call'd and on the West with water call'd Wallbrook running through the midst of the City to pay Tribute unto the Thames There was another water or boorn which run within the City through Langborn Ward watring the East part In the West Suburbs was also another great Water call'd Oldborn which had its fall into the River of Wells Then were there 3. principal Fountains or Wells in the other Suburbs to wit Holy Well Clements Well and Clarks Well Near unto this last named Fountain were divers other Wells viz. Fags well Skinners well Tode well Loders well and Rad well All which Wells having the fall of their over-flowings into the said River much encreased the stream and in that place gave it the name of Well In West-Smithfield
only in English Moreover there is in and about the City of London a whole University as it were of Students Practisers or Pleaders and Judges of the Lawes of England not living of common Salaries as is used in other Academies but of their private maintenance as being supported by their own means or practise or exhibition from their friends In so much that most of them are Sons younger Brothers to wealthy Parents where besides the knowledge of the Laws they learn all other civilities and exercises besides Of these Nurseries or Societies there are fourteen whereof nine do stand within the Liberties of the City and five without Those that stand within the Liberties are Sargeants Inne in Fleet-street Sargeants Inne in Chancery Lane the two Temples which are called Inns of Court The other are Cliffords Inne Thavies Inne in Holborn Furnevals Inne Barnards Inne and Staples Inne which are termd Inns of Chancery Without the Liberties there is Grayes Inne in Holburn Lincolns Inne which are Inns of Court Clements Inne New Inne and Lions Inne which are houses of Chancery In former time there was in Scroops Court in Holborn an Inne of Sargeants also There was likewise where Somerset House now stands Chesters Inne or Strand Inne in the liberty of the Dutchy of Lancaster which was pull'd down with many other Buildings to make room for Somerset House who had also his materials from St. John of Ierusalem which some held to be no better than Sacrâ—â—edge and therefore that fatal death to be beheaded befell the Duke of Somerset who with his Councel were it seems so infatuated that they forgot to call for his Clergy whereby by the Lawes of England he might have bin saved Justice Fortescue makes mention also of a tenth house of Chancery but he names not the place The choisest gentliest most ingenious wiâ—s of the Land are founds among these Students of the Inns of Court having coÌ„monly bin graduates before in one of the Universities But the Inns of Chancery being as it were Provinces subjected severally to the Inns of Court be chiefly made up of Attorneys Sollicitors and Clerks that follow the Courts of Westminster Hall yet many of them remove to one of the great Inns of Court where continuing seven years and frequenting Readings Mootings Boltings and other learned Exercises they improve themselves in the knowledge of the Lawes they are then by the consent of the Benchers who are most commonly of the grave and learned sort selected call'd to the degree of Utter Barristers and so enabled to be Practitioners in the Law both in their Chamber and at the Barre in open Court Of these after they be call'd to a further step of preferment 2. were used to be chosen every year to be Readers who make two Readings every year out of some choise hard points in the Law one in Lent the other in August Out of these Benchers and Readers Sergeants at Law are made and of them the Judges unlesse it be that some by special favour of the Prince are chosen otherwise But being made Sergeants they leave the Inns of Court and remove to one of the Sergeants Inns where they only and the reverend Judges are admitted Touching the two Temples they are discoursed of here in another place But concerning Grayes Inne and Lincolns Inne they took their denominations from two noble Lords who had formerly Palaces in those places where those two Innes now stand The one is singular for a curious Chappel it hath the other for choise delicate Walks high and low with a large delightful prospect that carrieth the optiques very far where the choisest beauties both of City and Suburbs use to resort in the Summer to solace themselves and breath fresh aire Thus have we rambled through the City of London and waded hitherto through universals wherein there is not alwaies plain-dealing we will now hunt dry foot after particulars and find out the Primitive mode method of Government which London had with the Titles of her chief Magistrates We will then Muster her twelve prime Companies with all the rest of her Corporations Then a Perambulation shall be made through all her Precincts Aldermanries and Wards as far as the point of the Lord Mayors Sword doth reach Then shall there be a Parallel 'twixt London and other the greatest Cities in the world wherein it will appear to the impartial discerning Reader that if consideration be had to the Prerogatives and power of her chiefest Magistrates to their plenty magnificence and hospitality to the security of Passengers up and down her streets at midnight as well as at noon daies The City of London admits no Parallel Of the Political Government and Civil Sway of the City of London IT is no incongruous allusion that some Polititians make when they compare a City to a great Ship whereof Government is the Healm and Rudder which regulate and guide her course Good Lawes and Constitutions are the Cables and Ligaments The Main-Mast is Religion and the Standard of the Crosse the Foremast is Honour and Renown the Miseâ— Mast is Trade and Wealth Iudgement and Prudence is the Ballast Authority and strength the Artillery This Comparison may quadrat with London as much as with any other City on the surface of the Earth The Lord Maior is as the Pilot and Master the Aldermen his Mates the Recorder and Sheriffs the chief Gunners the Scavengers the Swabbers other inferior Officers are the Mariners to weigh Anchors to hoise and furle the Sails c. Touching the primitive Government of London in the time of the Britains Antiquity scarce affords us any light whereby to discern what it was Caesar gives us most when he writes that Mandrubacius was King of the Londoners or the Trinobants which last word extends also to some of the Counties adjacent But it may be wondred that Iulius Caesar should know so much in regard that He never took firm footing in Great Britain but by way of exploration did only d'scover Her Augustus and Tiberius may be said to conceal Her Caligula intending an Invasion was diverted by his Warres with the Germans Claudiâ—s Caesar from whom Glocester takes her name being no other then Castrum Claudâ—â— the Castle of Claudius was the first that fixt here and he sent over Publius Agriola for his Lieutenant who took great pains to civilize the Nation and as he was about the work he sent notice to Rome that he preferred the British wits before the Gallic Then was London made a Praefectura and the Magistrate in chief was called Praefect as he of Rome is called to this day this Title continued all the time that the Romans had dominion here which was above 300 years Afterwards the Romans having so many great Irons in the fire by Warres they had against divers Nations who had revolted from them they drain'd this Iland not only of great numbers of the British Youth to serve them in their Warres abroad but drew
Mayor and the Aldermen descend again and confirm the Elections Then the Recorder making them a Speech of thanks the meeting ends Now touching the Hustings which we have mentioned so often it is the ancient'st and highest Court of the City of London Touching the Etymology of it it is a pure Saxon word and is derived of House and dhing or thing which among the Saxons signified a Cause or Plea in so much that Hustings is no other then the House of Causes or Pleading and Thingere was the ancient word for a Lawyer or Pleader This Court preserves the Laws Rights Franchises Customs and Dignities of the City There be handled also there the intricat'st accounts and Pleas of the Crowns and of the whole Kingdom which Court hath for many Ages conserv'd inviolably its own Prerogatives and Customs This Court was anciently held every Munday but it was chang'd of late years into Tuesday because of the Sheriffs intending the Market which being kept upon Munday would hinder their sitting in the Hustings Edward the Confessors Lawes refer much to this Hustings Court Moreover the Cities oâ— York Winchester Lincoln the Isle of Shepey and other places have had their Hustings There is also another Court peculiar to London which discovers as much of Charity as of Policy It is call'd the Court of Requests or the Court of Conscience It was first erected by an act of Common-Councel Anno 9. Henry 8. viz. That the Lord Mayor and Aldermen for the time being should monthly assign two Aldermen and four discreet Commoners to sit twice a week to hear and determine all matters brought before them betwixt Free-men where the due debt or dammage did not exceed 40S Afterwards the said number of Commissioners was encreased to the number of twelve which continued till the end of Q. Elizabeths Reign But primo Iacobi it was confirm'd by Act of Parliament That the said Commissioners should have power to exhibit an Oath and to commit to prison such as did not obey their Summons or perform the Orders they made betwixt Plaintiff and Defendant Debitor or Creditor touching any debt not amounting to forty shillings but such hath been the unconscionablenesse and malice of some men of late times that they have endeavour'd to overthrow the the said Court by cavilling at some doubtful words therein wresting them to a perverâ—e sense the rich might have power thereby to oppresse the poorer sort by bringing them to Westminster Hall to a further expence of time and trouble There is then the Court of the Lord Mayor and the Aldermen which is a Court of Record the Recorder and the two Sheriffs being Aldermen not else are members of this Court whose office it is to redresse and correct the errors defaults and misprisions which happen in the Government of the City This Court is kept Tuesdays and Thursdays throughout the year Then are the two Courts of the Sheriffs one for every Counter whereof there are two Lawyers as Judges well read in the Customs of the City as well as the common Laws but if an erroneous judgment be given before the Sheriffs the party griev'd may sue a Writ of error and remove it to the Hustings Then is the Court of Orphans For the Mayor and Aldermen by Custome have the custody of the Orphans within the City and if they commit the Custody of the Orphans to another man he shall have a ravishment of ward if the Orphan be taken away it being enacted that the Mayor and Chamberlain of London for the time being shall have the keeping of all the Lands and Goods of such Orphans as happen within the City saving to the King and other Lords their Rights of such as hold of them out of the same Liberty Now the Chamberlain is a sole Corporation to himself and his Successors for Orphans and a Recognizance made to him and his Successors touching Orphans shall by custome go to his Successor Moreover the Government of Orphans is so invested in the Mayor that it any Orphans sue in the Ecclesiastical Court or else-where for a Legacy or duty due to them by the Custome a Prohibition doth lye Then is there the Court of Common Councel which hath some resemblance of the high Court of Parliament for it consists of two Houses viz. the one of the Mayor and Aldermen and the other of the Commoners of the City Here they make Constitutions and Laws for advancement of Trade and regulation of other things which bind the whole City There is then the Court of the Chamberlain for Apprentices Now one may be free of London three manner of wayes first by Service secondly by Birth-right being sonne of a Freeman And thirdly by Redemption by Order of the Court of Aldermen The Chamberlain of London is an Officer very considerable in point of power for without him no man can set up shop or occupy his Trade without being sworn before him No man can set-over an Apprentice to another but by his Licence He may imprison any that disobeys his Summons or any Apprenrice that mildemeans himself or punish him otherwise There are the Courts of the Coroner and the Escheator which both belong to the Lord Mayor he being Coroner and Escheator by vertue of his authority and Office Then is there a Court for the conservation of the water River of Thames which belongs to the Lord Mayor from Stanes-bridge unto the water of Yendal and Medway as is amply spoken of before Then is there the Court of the Tower of London and this Court is held within the Verge of the City before the Steward by prescription of debt trespasse and other actions now part of the Tower is within the City and part in Middlesex viz. the East part but the West in London whereof there was a notable example in the person of Sir Thomas Overbury who being poyson'd in a Chamber on the West part the principal murtherers were tryed before Commissioners of Oyer and Terminâ—r in London and so was Sir Gervase Elwayes the Liveâ—enant of the Tower at that time There is also a peculiar Court call'd the Court of Policies and of Assurances in London to Marchants that venture and traffique on the Seas where ships and goods are insur'd at so much in the hundred where there is an Officer of good quality who Registers these Assurances Then is the Court of Halmote or Hall Court for every Company of London having a particular Hall They use to meet there to deliberate of matters belonging to the Company Then is the Court of the Wardmote or of the Wardmote Inquest For the whole City being divided to 26 Wards every Ward hath such an Inquest consisting of twelve or more who inquire after abuses and disorders and present them to be redressed There is also a kind of Court call'd the Colledge of the President Censors and Commonalty or Physicians who have peculiar Lawes of their own and among other one is remarkable that if one who is not
of the mystery of a Physician or Chirurgion take upon him the Cure of a sick Body and he dieth of the Potion or Medicament this is as Britton the great Lawyer saith Covert Felony Then is theâ—e the Court of Sessions or monthly Goal-delivery at the Old-Bayly both for the City and Middlesex for tryal of Felons whereof the Lord Mayor is the chief Judge and hath power of reprieving Touching the Ecclesiastical Government OF THE City of LONDON HAving thus in a cursory way run over and taken in grosse as it were a view of the Civil Government of the City of London we will now make some inspections into her spiritual way of Government which was alwaies Episcopal from the beginning for there be Records that may we I induce us to believe that in the time of the Britains there were Bishops of London whereof they â—ay Thean was the first and in the Reign of Constantine we read that Restitutus Bishop of London had his Session in a Councel he summoned at Arles After that 〈◊〉 Saxons making twice an irruption into this Island and at last possessing the better part of it and being not reduced a good while after to Christianity there was a long interruption and no Bishop of London 〈◊〉 Austin the Monk came over who was call'd the Apostâ—e of the Saxons or English for he absolutely converted them He consecraâ—ed Melitus Bishop of London from whom to Doctor Iuxon yet living there are upon good Record the names of 97 Bishops of London who succeeded one another In so much that the City of London was not without a Bishop any time these thousand years till now The Prior of the holy Tâ—inity at Aldgate was a great man also in the â—â—vernment of the City for he used to ride with the Mayor the Aldermen in 〈◊〉 but the chief administration of all Ecclesiastical affairs was in the Bishop 〈◊〉 the 〈◊〉 of London hath oftentimes far'd the better for her Bishops who have done her many signal good services upon some discomposures stood as a skreen 'twixt the fury of the Prince and Her When the Norman came over and was much incens'd against the City William her Bishop then took off the edg of his fury and introducing her to the Conquerors favour got â—er that famous Charter which is worthy to be here inserted William King greit William Bishop and Godfregis Posteron and â—all the Bourough waren bynden London Franchiste and Engliste and ickhyd eth that Ick yill that grete be ealbra yearalaga die yegret c. Which in intelligible English runs thus William King greets William Bishop and Gode froy Portreve and all the Burgesses within London French or English And I grant you that I will tâ—at ye be all your Law worth that ye were in Edward is his dayes the King And I will that ich Child be his Faders eyer And I 〈◊〉 suffer that ony man you ony wrongys beed and God you keep The said Bishop William procured this Charter from the insulting Conquerour as appears by his Epitaph And this Saxon Charter was not only confirmed but inlarged by Henry the first in Latine Now as far Soils are subject to produce rank Weeds so rich populous Cities are alwayes subject to bring forth turbulent spirits whereof there is a world of examples in all stories nor doth London want good store of them who used to bandy against their Soveraign Prince and we well know how often she forfeited her Charter that way It stands upon Record how Henry the third Edward the second Richard the 2d with other Kings had Her their fore enemies It is well known how often she smarted for it how often her Posts Chains were taken away how her Maior Sheriffs wereclap'd in Prison and a Custos appointed over her in the interim How Rich. the first trounced her for murthering the Iews how she suffered for the barbarous fray 'twixt the Goldsmiths and Taylors Servants For the blood shed 'twixt her and the men of Westminster on St. Iames's day For the brawl about the Bakers loaf in Salsbury Court For the outrages done to St. Martins Sanctuary men for the Ill May day and a little of late years for the murther of Doctor Lamb. But now that we are giving a touch of her Church Government It is observable in History how her Bishops proved her best friends at a pinch to pull her out of such plunges and rectifie her again in the opinion of her Soveraign Nay it stands upon good Record that she was no City till she had a Bishop for we well know that a City must have of necessity a Cathedral Church with the Seat and See of a Bishop Of the several COMPANIES AND CORPORATIONS Of the City of LONDON With their Originals and Arms. HAving made a short transcursion through the Government of the City of LONDON in general we will now visit their severall Companies Corporations and Societies whereof the main part of the City may be said to be composed who for their Industry and Arts their Inventions and sundry wayes of Manufactures may be compared to so many Hives of Bees the Emblems of sedulity and diligence And first Of the Twelve chief Companies out of which the Lord Mayor is to be annually chosen 1. THe Mercers have bin alwayes allowed the first place who were incorporated into a Society enabled to purchase Lands 17th Richardi Secundi Anno 1393. For their Arms they bear gules a Mayden-head proper crown'd or Wascot Purple issuing out of Clowds proper within a bordure nebulee or 2. The Grocers who at first were called Pepperèrs were incorporated Anno 1345. in the twentieth year of Edward the third The Arms a cheuron between nine Cloves sable with this Motto God grant Grace Supporters Helm and Crest granted by Clarenceux King of Arms in the Raign of Hen. 8. 3. The Drapers were incorporated in the 17 year of Henry the 6th Anno 1430. The Arms first granted by Garter Crest and Helm by Clarenceux the Coat Gules three triple Crowns or Capt Gules issuing out of Clowds resting upon Sun-beams their Motto Unto God only be Honour and Glory 4. The Fishmongers were at first two Companies to wit Stock-Fishmongers and Salt-Fishmongers but 28. of Hen. 8. they were imbodied into one Company Their Arms azure three Dolphins in pale proper crown'd or betwixt 4 lives Salterwayes argent all crown'd or on a chief Gules 3 Crosse-Keyes Salterwayes argent the Motto All Worship be to God only 5. The Goldsmiths were incorporated in the 16. year of Richard the second their Arms quarterly Gules and Azure two Leopards Heads or fower Golden Cups covered 'twixt two Buckles or the Motto To God only be all Glory 6. The Skinners are more ancient having bin incorporated in the first year of Edward the third but made a perfect fraternity in the 18. of Rich. the 2d their Arms Ermyn on a chief Gules 3. ducal Crowns or lind of the first their Motto the
Ward Then higher in Grasse-street is the Parish Church of St. Bennet called Grass-Church of the Herbe Market there kept this Church also is of the Bridge Ward and the farthest North end thereof The Customes of Grasse-Church Market in the Reign of Edward the third as appears in a Book of Customes were these every forreign Cart laden with Corn or Malt coming thither to be sold was to pay one half penny every Forreign Cart bringing Cheeâ—e two pence every Cart of Corn and Cheeâ—e together if the Cheese be more worth than the Corn two pence and if the Corn be more worth than the Cheese it was to pay a half-penny of two Horses laden with Corn oâ— Malt the Bayliff had one farthing The Carts of the Franchiâ—e of the Temple and of Saint Mary Le Grand paid afarching the Carr of the Hospitall of St. Iohn of Ierusalem paid nothing of their proper goods and if the Corn were brought by Merchants to sell again the load paid a half penny c. On the West side of this Ward at the North end of London Bridge is a part of Thames street which is also of this Ward to wit so much as of old time was called Stock-Fishmonger Row of the Stock-Fish-mongers dwelling tâ—ere down West to a Waâ—er-gate of old time called Ebgate since Ebgate Lane and now the Old Swan which is a common stair on the Thames but the passage is very â—arrow by means of encroachments On the South side of Thames street about the Mid-way betwixt the Bridge foot and Ebgate Lane standeth the Fishmongers Hall and divers other fair Houses for Merchants These Fishmongers were sometimes of two several Companies to wit Stock-Fishmongers and Salt-Fishmongers Of whoâ—e antiquity we read that by the name of Fishmongers of London they were for fore-stalling c. contrary to the Laws and constitutions of the City fined to the King at 500 Marks the eighteenth of King Edward the first Moreover that the said Fishmongers hearing of the great victory obtained by the same King against the Scots in the six twentieth of his Reign made a Triumphant and solemn Shew through the City with divers Pageants and more than a thousand Horsemen c. These two Companies of Stock-Fishmongers and Salt-Fishmongers of old time had their severall Halls to wit in Thames street twain in New Fish-street twaiâ— in Old Fish-street twain in each place one for either Company in all six several Halls the Company was so great that it lies upon Records that these Fishmongers have been jolly Citizens and six Mayors have been of their Company in the space of four and twenty years to wit Walter Turk 1350 John Lofkin 1359 John Wreth 1361 John Pechie 1362 Simon Morden 1369 and William Wallworth 1374. It followed that in the year 1382 through the Counsel of John North hampton Draper then being Mayor VVilliam Essex John More Mercer and Richard Northbury the said Fishmongers were greatly troubled hindred of their Liberties and almost destroyed by combinations made against them so that in a Parliament at London the controversie depending between the Mayor and Aldermen of London and the Fishmongers Nic. Exton Speaker for the Fishmongers prayeth the King to receive him and his Company into his protection for fear of corporal hurt whereupon it was commanded either part to keep the peace upon pain of losing all they had Hereupon a Fishmonger starting up replyed that the complain brought against them by the movers c. was but matter of malice for that the Fishmongers in the Reign of Edward the 3d. being chief Officers of the City had for their misdemeanors then done committed the chief exhibitors of those Petitions to prison In this Parliament the Fishmongers by the Kings Charter Patents were restored to their Liberties Notwithstanding in the year next following 1383 John Cavendish Fishmongâ—r craveth the peace against the Chancellour of England which was granted and he put in Sureties the Earls of Stafford and Salisbury and challengeth the Chancellour for taking a bribe of ten pounds for favour of Cavendish Case which the Chancellour by Oath upon the Sacrament avoideth In further triall it was found that the Chancellours man without his Masters privity had taken it whereupon Cavendish was Judged to prison and to pay the Chancellour 1000 Marks for slandering him After this many of the Nobles assembled at Reading to supprese the seditious Sheirs of the said John Northampion or Combarton late Mayor that had attempted great and hainous enterprises of the which he was convict and when he stood mute nor would utter one word it was Decreed that he should be committed to perpetual prison his goods confiscate to the Kings use and that he should not come within a hundred miles of London during his life He was therefore sent to the Castle of Fintegall in the Confines of Cornwall and in the mean space the Kings Servants spoiled his goods John Moore Richard Northbury and others were likewise there Convict and condemned to perpetual prison and their goodâ— confiscate for certain Congregations by them made against the Fishmongers in the City of London as is aforesaid but theyâ— obtained and had the Kings pardon in the fourteenth of his Reign as appeareth upon Record and thus were all these troubles appealed Those Stock-Fishmongers and Salt-Fishmongers were united in the year 1536 the eight and twentieth of Henry the eighth their Hall to be but one in the House given unto them by Sir Iohn Cornwall Lord Fanhope and of Ampthull in the Parish of Saint Michael in Crooked Lane in the Reign of Henry the sixth Thus much was thought remarkable to be spoken of the Fishmongers men ignorant of their Antiquities and not able to shew a reason why or when they were in amity with the Goldsmiths do give part of their Arms c. Neither to say ought of Sir William Walworth the Glory of their Company more than that he slew Jack Straw which some do question for the said Straw was after the overthrow of the Rebels taken and by judgement of the Mayor beheaded whose confession at the Gallows is extant in Mr. Stows Annales where also is set down the most valiant and praise-worthy act of Sir William Walworth against the principal Rebel Wat Tyler On that South side of Thames street have ye Drink-water Wharf and Fish Wharf in the Parish of Saint Magnus On the North side of Thames street is Saint Martins Lane a part of which Lane is also of this Ward to wit on the one side to a Well of water and on the other side as far up as against the said Well Then is St. Michaels Lane part whereof is also of this Ward up to a Well there c. Then at the upper end of New Fish-street is a Lane turning towards St. Michaels Lane and is called Crooked-Lane of the crooked windings thereof Above this Lanes end upon Fish-street Hill is one great House for the most pâ—rt builded with stone which pertained sometime to
Edward the black Prince sonne to Edward the third who was in his life time lodged there and 't was called the Prince of VVales his Court which was afterward for a long time a common Hostry having the sign of the Black Bell. Of the Eleventh Ward or Aldermanry of the City of London called Candle-wick Ward WE will now see what light Antiquity can give us of Candle-wick street or Candle-wright street Ward It beginneth at the East end of great East-cheap it passeth West through East-cheap to Candle-wright street and thorough the same down to the North end of Suffolk Lane on the South side and down that Lane by the West end of St. Lawrence Church-yard which is the farthest West part of that Ward the street of Great East-cheap is so called of the Market there kept in the East part of the City as VVest-cheap is a Market so called being in the West This East-Cheap is now a Flesh-market of Butchers there dwelling on both sides of the street it had sometime also Cooks mixed amongst the Bâ—tchers and such other as sold Victuals ready dressed of all sorts For of old time when friends did meet and were disposed to be merry they never went to dine and Sup in Taverns but to the Cooks where they called for meat what them liked 〈◊〉 they alwayes sound ready dressed and at a reasonable rate for Vintners 〈◊〉 â—old onâ—y Wine In the year 1410. the eleventh of Henry the fourth upon the Even of Saint Iohn Baptist the Kings Sonnes Thomas and Iohn being in East-Cheape at Supper or rather at break-fast for it was after the Watch was broken up betwixt two and three a Clock after mid-night a great debate happened between their men and other of the Court which lasted one houre till the Maior and Sheriffs with other Citizens appeaâ—â—d the same For the which afterwards the said Maior Aldermen and Sheriffs were called to answer before the King his Sons and divers Lords being highly moved against the City At which time William Gascoignâ— chief Justice required the Maior and Aldermen for the Citizens to put them in the Kings Grace whereunto they answered that they had not offended but according to the Law had done their best in stinting debate and maintaining of the peace upon which answer the King remitted all his Ire and dismissed them And to prove this East-Cheape to be a place replenished with Cooks it may appear by a Song called London lick-penny made by Lidgate a Monk of Bury in the Reign of Henry the fifth in the person of a Country-man comming to London and travelling thorough the same In West-Cheape saith the Song he was called on to buy fine Lawn Paris Thred Cotton Umble and other linnen Clothes and such like he speaketh of no silk In Corn-hill to buy old Apparel and Houshold-stuffe where he was forced to buy his own Hood which he had lost in Westminster-hall In Candlewright-street Drapers proâ—cred him Cheap Cloth In East-Cheape the Cooks cryed hot Ribs of Beef rosted Pies well baked and other Victuals There was clattering of Pewter-Pots Harp Pipe and Sawtry yea by cock nay by cock for greater Oaths were spared some sang of Ienkin and Julian c. All which Melody liked well the Passenger but he wanted money to abide by it and therefore gat him into Gravesend-Barge and home into Kent Candlewright so called in old Records of the Guild-hall of St. Mary Overies and other or Candlewick-street took that name as may be supposed either of Chaundlers or Makers of Candles both of Wax and Tallow for Candle-wright is a Maker of Candles and of Wick which is the Cotton or yarn thereof or otherwise which is the place where they used to work them as scalding wick by the Stocks-Market was called of the Poulterers dressing and scalding their Poultry there And in divers Countries Dairy-houses or Cottages wherein they make Butter and Cheese are usually called Wickes There dwelled also of old time divers Weavers of Woollen Clothes brought in by Edward the 3d for I read that in the four and twentieth of his Reign the Weavers brought out of Flanders were appointed their meetings to be in the Church-yard of St. Lawrence Poultney and the Weavers of Brabant in the Church-yard of St. Mary Sommerset There were then in this City Weavers of divers sorts to wit of Drapery or Tapery and Nappery these Weavers of Candlewicke street being in short time worn out their place is now possessed by rich Drapers Sellers of Woollen Cloth c. On the Northside of this Ward at the West end of East-Cheape have ye St. Clements Lane a part whereof on both sides is of Candlewicke street Ward to wit somewhat North beyond the Parish Church of St. Clement in East-cheape Though this Church be small yet there are some comely Monuments in it among others of William Chartney and William Overy who founded a Chantry there Next is St. Nicholas Lane for the most part on both sides of this Ward almost to St. Nicholas Church Then is Abchurch Lane which is on both sides almost wholly of this Ward the Parish Church there called of St. Mary Abchurch Apechurch or Upchurch as I have read it standeth somewhat near unto the South end thereof on a rising ground It is a fair Church Simon de Winchcombe sounded a Chauntery there the 19th of Richard the Littletonâ—ounded â—ounded another and Thomas Hondon another Here are likewise some remarkable Monuments particularly of Sir Iames and Sir Iohn Branch both Lord Mayors of London about the year 1570. On the South side of this Ward beginning again at the East is St. Michaels lane which lane is almost wholly of this Ward on both sides down towards Thames street to a Well or Pump there on the East side of this Lane is Crooked Lane aforesaid by St. Michaels Church towards New Fishstreet One of the most ancient Houses in this Lane is called the Leaden Porch and belonged sometime to Sir John Merston Knight the first of Edward the 4th It is now called the Swan in Crooked Lane possessed of strangers and retailing of Rhenish Wine The Parish Church of this St. Michaels was sometime but a small and homely thing standing upon part of that ground wherein now standeth the Parsonage House and the ground thereabout was a filthy plot by reason of the Butchers in East-Cheape who made the same their Lay-stall VV. de Burgo gave two Messuages to that Church in Candlewick street 1317. John Loveken Stock-fish monger fout times Maior builded in the same ground this fair Church of St. Michael and was there buried in the Quire under a fair Tombe with the Images of him and his Wise in Alabaster the said Church hath bin since increased with a new Quire and side Chappels by Sir W. Walworth Stock-fishmonger Maior sometime Servant to the said John Loveken Also the Tombe of Loveken was removed and a flat stone of gray marble garnished with Plates of Copper laid on him as it
Edmonds bury Lincoln Stanford and Lyn were robbed and spoyled and at York to the number of five hundred besides Women and Children entred a Tower of the Castle profered money to be in surety of their lives but the Christians would not take it whereupon they â—â—t the throats of their own Wives and Children and cast them over the Walls on the Christianâ— heads and then entring the Kings Lodging they burned both the House and themselves King John in the 11th of his Reign commanded all the Jews both Men and Women to be imprisoned and grievously punished because he would have all their Money some of them gave all they had and promised more to escape so many kinds of torments for every one of them had one of their eyes at the least plucked oâ—t Amongst whom there was one which being tormented many wayes would not ransome himself till the King had caused every day one of his great teeth to be plucked out by the space of seven dayes and then he gave the King ten thousand Marks of silver to the end they should pull out no more the said King at that time spoylâ—d the Jews of sixty six thousand Marks The 17th of this King the Barons brake into the Jews Houses rifled their Coffers and with the Stone of their Houses repaired the Gates and Walls of London King Henry the third in the 11th of his Reign granted to Semaine or Ballaster the house of Benomie Mittun the Jew in the Parish of St. Michael Bassing-hanghe in which the said Benomy dwelt with the fourth part of all his Land in that Parish which VVilliam Elie held of the Fee of Hugh Nevel and all the Land in Colemanstreet belonging to the said Benomy and the fourth part of the Land in the Parish of St. Lawrence which was the Fee of Thomas Buckerel and were excheted to the King for the murther which the said Benomy committed in the City of London to hold to the said Semaine and his Heires of the King paying at Easter a pair of gilt Spurs and to do the serviâ—e thereof due unto the Lords Court In the like manner and for like services the King granted to Guso for his Homage the other part of the Lands of the said Benomye in St. Michaels Parish which Law the Painter held and was the Kings Excheter and the Lands of the said Benomye in the said Parish which VValter Turner held and fifteen foot of Land which Hâ—gh Harman held with fifteen Iron Ells of Land and an half in the front of Iron-monger-lane in the Parish of St. Martin which were the said Benomyes of the Fee of the Hospital of St. Giles and which Adam the Smith held with two Stone-Houses which were Moses the Jew of Canterbury in the Parish of St. Olave and which are of the Fee of Arnold de Reus and are the Kings Exchetes as aforesaid The 16th of the said Henry the Jews in London builded a Synagogue but the King commanded it should be dedicated to our blessed Lady and after gave it to the Brethren of St. Anthonies of Vienna and so was it called St. Anthonies Hospital This King Henry founded a Church and House for converted Jews in a new street by the Temple whereby it came to passe that in short time there was gathered a great number of Converts The twentieth of this King Henry seven Jews were brought from Norwich vvhich had stolen a christened Child had circumcised and minded to have cruciâ—â—ed him at Easter vvherefore their Bodies and Goods vvere at the Kings pleasure The six and twentieth the Jews vvere constrained to pay to the King twenty thousand Marks at two Termes in the year or else to be kept in perpetual Prison The five and thirtieth He taketh inestimable sums of money of all rich men namely of Aaron a Jew born at York fourteen thousand Marks for himself and ten thousand Marks for the Queen and before he had taken of the same Jew as much as in all amounted to thirty thousand Marks of Silver and two hundâ—red Marks of Gold to the Queen In the fortieth year vvere brought up to VVestminster two hundred Jews from Lincoln for crucifying a Child named Hugh eighteen of them were hang'd The forty third a Jew at Tewksbury fell into a Privie on the Saturday and would not that day be taken out for reverence of his Sabbath wherefore Richard Clare Earl of Gloucester kept him there till Monday that he was dead The forty seven the Barons slew of the Jews at London seven hundred the rest were spoiled and theiâ—r Synagogue defaced because one Jew would have forced a Christian to have payd more than two shillings for the lone of twenty shillings a week The third of Edward the first in a Parliament at London usury was forbidden to the Jews and that all Usurers might be known the King commanded that every Usurer should weare a Table on his brest the breadth of a Paveline or else to avoid the Realm The sixth of the said King Edward a Reformation was made for clipping of the Kings Coyn for which offence two hundred sixty seven Jews were drawn and hanged three were English Christians and other were English Jews The same year the Jews crucified a child at Northampton for the which fact many Jews at London were drawn at Horses Tayls and hanged The 11th of Edward the first Iohn Perkham Arch Bishop of Canterbury commanded the Bishop of London to destroy all the Jewes Synagogues in his Diocese The 16th of the said Edward all the Jews in England were in one day apprehended by precept from the King but they redeemed themselves for twelve thousand pounds of silver notwithstanding in the nineteenth of his Reign he banished them all out of England giving them only to bear their Charge till they were out of this Realm the number of Jews then expulsed were fifteen thousand and sixty persons the King made a mighty masse of money of their Houses which he sold and yet the Commons of England had granted and gave him a fifteenth of all their Goods to banish them and thus much for the Jewes In this street called the Old Iewry is a proper Parish-Church of St. Olave Upwell so called in Record 1320 John Brian Parson of St. Olave Upwell in the Iewry founded there a Chauncery and gave two Messuages to that Parish the sixteenth of Edward the second and was by the said King confirmed In this Church to the commendations of the Parsons and Parishioners the Monuments of the dead remain lesse defaced than in many other From this Parish Church of St. Olave to the North end of the Old Iewry and from thence West to the North end of Ironmonger-lane almost to the Parish Church of St. Martin was of old time one large building of stone very ancient made in place of Jews Houses but of what antiquity or by whom the same was builded or for what use is not known more than that King Henry the sixth in the sixteenth of his
is now called Bacon-House because the same was new builded by Sir Nicholas Bacon Lord-Keeper of the Great Seal Down on that side by Serjeant Fleet-Woods house Recorder of London who also new builded it to Saint Olaves Church in Silver-Street which is by the North-West End of this Noble-Street Then have ye Maine Street of this Ward which is called Saint Martins lane in cluding Saint Martin on the East side thereof and so down on both the sides to Aldersgate And these be the bounds of this Ward within the Wall and Gate Without the Gate the main Street called Aldersgate-Street runneth up North on the East side to the West end of Hounds-ditch or Barbican-Street a part of which Street is also of this Ward And on the West side to Long-Lane a part whereof is likewise of this Ward Beyond the which Aldersgate is Goswell Street up to the Barrs And on the West side of Hidersgate Street by Saint Buttolphs Church is Briton-Street which runneth West to a Pumpe and then North to the Gate which entreth the Church-Yard sometimes pertaining to the Priory of Saint Bartholomews on the east side on the west side towards St. Bartholomews Spittle to a paire of posts there fixed And these be the bounds of this Aldersgate Ward without The antiquities be these first in Stainâ—ng lane of old time so called as may be supposed of Painter-stainers dwelling there On the East side thereof adjoyning to the Aaberdashers Hall be ten Almes-houses pertaining to the Haberdashers wherein be placed ten Almes people of that Company every of them having Eight pence the peece every Friday for ever by the gift of Thomas Huntlow Haberdasher one of the Sheriffs in the year 1539. Then is the small Parish Church of Saint Mary called Staining because it standeth at the North end of Staining lane Then is Engain lane or Maiden lane and at the North-West Corner thereof the Parish Church of St. John Zachary a fair Church with the Monuments well preserved of Thomas Lichfield who founded a Chancery there in the fourteenth of Edward the second On the East side of this Foster Lane at Engane Lane end is Goldsmiths Hall a proper House but not large and therefore to say that Bartholmew Read Goldsmith Mayor in the year 1502 kept such a feast in this Hall as some have fabuled is far incredible and altogether unpossible considering the smallnesse of the Hall number of the Guests which as they say were more than one hundred persons of great estate But of late years the said Goldsmiths Hall is much enlarged and in a stately and sumptuous manner in so much that it may compare with any other Hall in London Then at the North end of Noble-street is the Parish Church of St. Olave in Silver-street a small thing On the West side of Foster-Lane is the small Parish Church of St. Leonards for them of St. Martins le Grand A number of Tenements being lately builded in place of the great Collegiate Church of St. Martin that Parish is mightily encreased Then in Pope-lane so called of one Pope that was owner thereof On the North side is the Parish Church of Saint Anne in the Willowes so called I know not upon what occasion but some say of Willowes growing thereabouts but now there is no such void place for Willowes to grow more than the Church-yard wherein do grow some high Ash-trees to this day Then in St. Martins Lane was of old time a fair and large Colledge of a Dean and Secular Canons or Priests and was called Saint Martins le grand founded by Ingelricus and Edwardus his Brother in the year of Christ 1056 and confirmed by William the Conqueror as appeareth by his Charter dated 1068. This Colledge claimed great Priviledges of Sanctuary and otherwise as appeareth in a Book written by a Notary of that House about the year 1442 the nineteenth of Henry the sixth wherein amongst other things is set down and declared that on the first of September in the year aforesaid a Souldier prisoner in Newgate as he was led by an Officer towards the Guild-Hall of London there came out of Panyer Alley five of his fellowship and took him from the Officer brought him into Sanctuary at the West door of St. Martins Church and took Grithe of that place But the same day Philip Malpas Robert Marshall then Sheriffs of London with many other entred the said Church and forcibly took out with them the said five men thither fled led them fettered to the Counter and from thence chained by the Necks to Newgate of which violent taking the Dean and Chapter in large manner complained to the King and required him as their Patron to defend their Priviledges like as his Predecessors had done c. All which complaint and suite the Citizens by their Counsel Markham Serjeant at the Law Iohn Carpenter common Clerk of the City and others learnedly answered offering to prove that the said place of St. Martin had no such Immunity or Liberty as was pretended Notwithstanding after long debating of this Controversie by the Kings commandment assent of his Councel in the Starr-Chamber the Chancellour and Treasurer sent a Writ unto the Sheriffs of London charging them to bring the said five persons with the cause of their taking and withholding afore the King in his Chancery on the Vigil of Alhallowes on which day the said Sheriffs with the Recorder and Counsel of the City brought and delivered them accordingly afore the said Lords where the Chancellour after he had declared the Kings Commandement sent them to St. Martins there to abide freely as in a place having Franchises whiles them liked c. Without Aldersgate on the East side of Aldersgate-street is the Cookes Hall which Cooks or Pastlers were admitted to be a Company and to have a Master and Wardens in the two and twentieth of Edward the fourth From thence along unto Houndsditch or Barbican street be many fair Houses on the West side also be the like fair buildings till ye come to Long-Lane and so to Goswell street In Britaine street which took that name of the Duke of Britain Lodging there is one proper Parish Church of St. Buttolph In which Church was sometime a Brotherhood of St. Fabian and Sebastian founded in the year 1377 the fifty one of Edward the third and confirmed by Henry the fourth in the sixth of his Reign Then Henry the sixth in the twenty fourth of his Reign to the honour of the Trinity gave Licence to Dame Joane Astley sometime his Nurse to R. Cawood and T. Smith to found the same a Fraternity perpetually to have a Master and two Custos with Brethren and Sisters This Brotherhood was endowed with Lands more than thirty pounds by the year and was suppressed by Edward the sixth Of the One and Twentieth Ward or Aldermanry of the City of London called Faringdon Ward Intra ON the South side of Aldersgate Ward lyeth Faringdon Ward called
these new buildings is Cow-bridge street or Cow-lane which turneth toward Holdbourn in vvhich Lane the Prior of Semperingham had his Inne or London Lodging The rest of that West side of Smithfield hath divers fair Inns and other comely Buildings up to Hosier-lane which also turneth down to Houldbourn till it meet with Cowbridge-street from this Lane to Cock-lane over against Pie-Corner In the year 1362 the thirty sixth of Edward the third on the first five dayes of May in Smithfield were Justs holden the King and Queen being present with the most part of the Chivalry of England and of France and of other Nation to the which came Spaniards Cyprians and Armenians Knightly requesting aid of the King of England against the Pagans that invaded their Confines The 48. of Edward the third Dame Alice Perrers or Pierce the Kings Concubine as Lady of the Sun rode from the Tower of London through Cheape accompanied by many Lords and Ladies every Lady leading a Lord by his Horse Bridle till they came into West Smithfield and then began a great Just vvhich endured seven dayes after In the year 1393. the 17th of Richard the second certain Lords of Scotland came into England to get vvorship by force of Arms the Earl of Marre chalenged the Earl of Nottingham to Just vvith him and so they rode together certain Courses but not the full Challenge for the Earl of Marre was cast both Horse and Man and two of his Ribs broken vvith the fall so that he vvas conveighed out of Smithfield and so towards Scotland but dyed by the vvay at York Sir VVilliam Darel Knight the Kings Banner-bearer of Scotland challenged Sir Percey Courtney Knight the Kings Banner-bearer of England and vvhen they had run certain Courses gave over vvithout conclusion of Victory Then Cookborne Esquire of Scotland challenged Sir Nicholas Hawberke Knight and rode five Courses but Cookborne vvas born over Horse and Man Now to return through Gilt-spur-street by Newgate vvhere I first began there standeth the fair Parish Church called St. Sepulchers in the Bayly or by Chamberlain Gate in a fair Church-yard though not so large as of old time for the same is letten out for buildings and a Garden plot This Church vvas newly re-edified or builded about the Reign of Henry the sixth or of Edward the fourth one of the Popham's vvas a great builder there and 't is lately also vvashed over and furbish'd Next to this Church is a fair and large Inne for the receipt of Travellers and hath to signe the Sarasens Head vvhere Oxford men resort There lyeth a street from Newgate West to the end of Turn again-lane and winding North to Oldbourne Conduit but of late a new Conduit vvas there builded in place of the old namely in the year 1577. by VVilliam Lambe sometime a Gentleman of the Chappel to King Henry the eighth and afterward a Citizen and Clothworker of London From the West side of this Conduit is the high way there called Snow-hill stretching out by Oldbourne-bridge over the oft-named Water of Turn-mill-Brook and so up to Old-bourn-hill all replenished with fair Buildings Without Ould-bourn-bridge on the right hand is Gold-lane as is before shewed up higher on the Hill be certain Inns and other fair Buildings amongst the which of old time was a Messuage called Scroops Inne for so we finde the same recorded in the 37. of Henry the sixth This House was sometime letten out to Sergeants at the Law as appeareth and was found by Inquisition taken in the Guild-hall of London before William Purchase Mayor and Escheater for King Henry the 7th in the 14th of his Reign Then is the Bishop of Elies Inne so called of belonging and pertaining to the Bishops of Ely Will de Luda Bishop of Ely deceased 1297 and gave this House by the name of his Mannor with the Appurrenances in Holdbourne to his Successors with condition that his next Successor should pay a thousand Marks towards the finding of three Chaglains in the Chappel there The first in the year 1464. the fourth of Edward the fourth in Michaelmas Terme the Sergeants at Law held their Feast in this House to the which amongst other Estates Matthew Philip Mayor of London with the Aldermen Sheriffs and Commons of divers Crafts being invited did repair but when the Mayor looked to keep the state in the Hall as it had bin used in all places within the City and Liberties out of the Kings presence the Lord Gray of Ruthen then Lord Treasurer of England unwitting the Sergeants and against their wills as they said was first placed whereupon the Mayor Aldermen and Commons departed home and the Mayor made the Aldermen to dine with him howbeit he and all the Citizens were wonderfully displeased that he was so dealt with and the new Sergeants and others were right oâ—ry therefore and had rather then much good as they said it had not so happened Next beyond this Mannor of Ely-house is Lither-lane turning into the Fields Then is Furnivals Inne now an Inne of Chancery but sometime belonging to Sir William Furnival Knight and Thomasin his Wife who had in Holdbourne two Messuages and thirteen Shops as appeareth by Record of Richard the second in the sixth of his Reign Now again from Newgate on the left hand or South side lyeth the Old Baylay which runneth down by the Wall upon the Ditch of the City called Houndsditch to Ludgate we have not read how this street took that name but it is like to have risen of some Court of old time there kept and we finde that in the year 1356. the thirty four of Edward the third the Tenement and ground upon Houndsditch between Ludgate on the South and Newgate on the North was appointed to Iohn Cambridge Fishmonger Chamberlain of London whereby it seemeth that the Chamberlains of London have there kept their Courts as now they do in the Guild-hall and till this day the Mayor and Justices of this City keep their Sessions in a part thereof now called the Sessions Hall both for the City of London and Shire of Middlesex over againâ— the which House on the right hand turneth down St. Georges Lane towards Fleet Lane In this St. Georges Lane on the North side thereof remaineth yet an old wall of stone inclosing a peece of ground up Sea-cole-Lane wherein by report sometime stood an Inne of Chancery which House being greatly decayed and standing remote from other Houses of that Profession the Company removed to a Common Hostery called of the signe out Lady Inne not far from Clements Inne which they procured from Sir Iohn Fineox Lord chief Justice of the Kings Bench and since have held it of the owners by the name of the New Inne paying therefore six pounds Rent by the year as Tenants at their own will for more as is said cannot be gotten of them and much lesse will they be put from it Beneath this Saint Georges Lane is the Lane called Fleet-lane winding
to the Court at White-hall and there at that time the King gave unto him for the Communalty and Citizens to be a Work-house for the poor and idle persons of the City his house of Bridewell and seven hundred Marks Land late of the possessions of the house of Savoy and all the Bedding and other Furniture of the said Hospital of the Savoy towards the maintenance of the said Work-house of Bridewel and the Hospital of St. Thomas in Southwark This gift King Edward confirmed by his Charter dated the 26. of Iune next following And in the year 1555. in the moneth of February Sir William Gerrard Mayor and the Aldermen entred Bridewel and took possession thereof according to the gift of the said King Edward the same being confirmed by Queen Mary The Bishop of St. Davids had his Inne over against the North side of this Bridewell as I have said Then is the Parish Church of St. Bridget or Bride of old time a small thing which now remaineth to be the Quire but since increased with a large Body and side Iles towards the West at the charges of William Vinor Eâ—quire Warden of the Fleet about the year 1480. all which he cauâ—ed to be wrought about in the stone in the figure of a Vine with Grapes and Leaves c. The partition betwixt the old work and the new sometime prepared as a Screne to be set up in the Hall of the Duke of Summersets House at the Strand was bought for eightscore pounds and set up in the year one thousand five hundred fifty seven The next is Salisbury Court a place so called for that it belonged to the Bishops of Salisbury and was their Inne or London House at such time as they were summoned to come to the Parliamâ—nt or came for other business It hath of late time bin the dwelling first of Sir Richard Sackvile and after of Sir Thomas Sackvile his Sonne Baron of Buckhurst Lord Treasurer who very greatly inlarged it with stately Buildings Then is Water-lane running down by the West side of a House called the Hanging Sword to the Thames Then was the White Fryers Church called Fratres beatae Mariae de monte Carmeli first founded saith Iohn Bale by Sir Richard Gray Knight Ancestor to the Lord Gray of Codner in the year 1241. King Edward the first gave to the Prior and Brethren of that house a plot of ground in Fleet-street whereupon to build their House which was since reedified or new builded by Hugh Courtney Earl of Devonshire about the year one thousand three hundred and fifty the four and twentieth of Edward the third Iohn Lufken Mayor of London and the Commonalty of the City granted a Lane called Crockers-lane reaching from Fleetstreet to the Thames to build in the West end of that Church Then is the Sergeants Inne so called for that divers Iudges and Sergeants at the Law keep a Commons and are lodged there in Terme time Next is the New Temple so called because the Templers before the building of this House had their Temple in Oldbourn This house was founded by the Knights Templers in England in the Reign of Henry the second and the same was dedicated to God and our Blessed Lady by Heraclius Patriark of the Church called the Holy Resurrection in Jerusalem in the year of Christ 1185. Many Parliaments and great Councels have been there kept as may appear by our Histories In the year 1308. all the Templers in England as also in other parts of Christendom were apprehended and committed to divers Prisons Anno 1310. a Provincial Councel was holden at London against the Templets in England upon Heresie and other Articles whereof they were accused but denyed all except one or two of them notwithstanding they all did confesse that they could not purge themselves fully as faultless and so they were condemned to perpetual penance in several Monasteries where they behaved themselves modestly Philip King of France procured their over-throw throughout the whole World and caused them to be condemned by a general Councel to his advantage as he thought for he believed to have had all their Lands in France and therefore seizing the same in his hands caused the Templers to the number of 54. or after Fabian threescore to be burnt at Paris Edward the second in the year 1313. gave unto Aimer de la Valence Earl of Pembrook the whole place house called the new Temple at London with the ground called Fiquetes Croft and all the Tenements and Rents with the appurtenances that belonged to the Templers in the City of London and Suburbs thâ—reof After Aimer de Valence saith some Hugh Spencer usurping the same held it during his life by whose death it fell again to the hands of Edward the third but in the mean time to wit 1324. by a Councel holden at Vienna all the Lands of the Templers lest the same should be put to prophane uses were given to the Knights Hospitalers of the Order of St. Iohn Baptist called Saint Iohn of Ierusalem which Knights had put the Turks out of the I le of Rhodes and after wan upon the said Turk daily for a long time In the Reign of the same Edward the third was granted for a certain Rent of ten pounds by the year the said Temple with the Appurtenances thereunto adjoyning to the Students of the Common Lawes of England in whose possession the same hath ever sithence remained and is now divided into two Houses of several Students by the name of Inns of Court to wit the Inner Temple and the Middle Temple who keep two several Halls but they resort all to the said Temple-Church in the round walk whereof which is the West part without the Quire there remain Monuments of Noblemen buried to the number of eleven eight of them are Images of Armed Knights five lying Crosse-legged as men vowed to the Holy Land against the Infidels and unbelieving Jews the other three straight-legged The rest are coaped stones all of Gray Marble the first of the Crosse-legged was William Marshal the elder Earl of Pembrooke who died 1219. William Marshall his Sonne Earl of Pembrooke was the second he dyed 1231. And Gilbert Marshall his Brother Earl of Pembrooke slain in a Turnament at Hartford besides Ware in the year 1241. Of the Twenty sixth or the last Ward of the City of LONDON called the Bridge-Ward without containing the Bourough of Southwark WE have now almost finished the Perambulation for having treated of Wards in London on the North side of the Thames in number five and twenty we are now to crosse over the said River into the Burough of Southwark which is also a Ward of London without the Walls on the South side thereof as is Portsoken on the East and Faringdon Extra on the West But before we come to the particular Description of this Ward it will not be impertinent to declare when and by what meanes the Burough of Southwark now called Bridge-Ward without
power may suffice all manner of freedom of joyous liberty and whosoever shall presume or doth contrary to this my grant I will he lose his name VVorship Dignity and Power and that with the great Traytor Judas that betrayed our Saviour he be in the everlasting fire of Hell And I will and ordain that this my Grant endure as long as there remaineth in England either love or dread of Christian name And this Record may be ranked among the most ancient of the Land About what time King Edward the Confessor did renew it he removed St. Margarets Church which before was within the Abbey to the place where now it stands Of Westminster-Hall and all the Tribunalls of Iustice which have their motion therein And first of the High Court of Parliament HAving visited God Almighties House we will now take a view of the chief Praetorium of Great Britain which is VVestminster-Hall and of the Courts of Judicature which are thereunto annexed And first of the Court Paramount the high national Court of Parliament vvhich great Councel vvas used to be the Bulwark of our liberties the boundary and bank vvhich kept us from slavery from the inundations of Tyrannical encroachments and unbounded VVill-Government And in this High Court there was used to be such a Co-ordination of power such a wholsome mixture 'twixt Monarchy Optimacy and Democracy I mean 'twixt Prince Peers and Commonalty during the time of consultation that of so many distinct parts by a rare co-operation and unanimity they made but one Body Politique like that sheaf of Arrowes in the Fable they made but one entire concentrical peece and the results of their deliberations but as so many harmonious Diapazons arising from the touch of different strings And what greater mark of freedom can there be to a people then to be lyable to no Lawes but what they make themselves to be subject to no Contribution Assement or pecuniary Levies whatsoever but what they vote and voluntarily yield unto themselves For in this great compacted Body politick there be all degrees of people represented The Yeoman Marchant Tradesman and mechanick have there their inclusive Votes as well as the Gentry and Freeholders in the persons of their Trustees viz. their Burgesses and Knights The Clergy also which make a considerable part of the Common-wealth were used to have their Representatives there not only in the persons of the Bishops which at the first constitution were the prime Parliament and continued so many Ages but in the Convocation which was an Assesmbly of Divines fairly chosen to that purpose Nor is this Soveraign super-intendent Councel and Epitome of this Iland only but it may be said to represent the whole Universe according to the primitive constitution The Soveraign Prince was as the Sun the Nobles the fixed Starres the Itinerant Iudges and other Officers that were wont to go with Messages 'twixt both Houses to the Planets The Clergy when there was a Convocation House as was said before to the Element of fire The Commons to the solid body of the Earth and the rest of the Elements He who hath bin conversant with the Chronicles of this Iland will finde it hath bin her fare to be four times conquered but the Scot never till now of late These so many Conquests must needs bring with them many tumblings and tossings many disturbances and changes in Government yet I have observed that notwithstanding these various tumblings England retained still the form of Monarchy and something there was alwayes that held an Analogy with the great Assembly of Parliament The first Conquest was made by Claudius Caesar at which time it may be said that the Standard of the Crosse came in together with the Roman Eagles 't is well known how the Roâ—an governed He had his Comitia which bore a resemblance with our Convention in Parliament the place of meeting was called praetorium and the Lawes which were enacted were called Plebiscita The Saxon Conquest succeeded next in which were the English and the Saxons governed by Parliament though it was under other names as Michel Gemote Michel Sinoth and VVitenage Mote There are Records near upon a thousand years of these Parliaments in the Raigns of King Ina Offa Ethelbert and others The third Conquest was by the Danes and they governed also by such generall Assemblies in the Raign of Canutus and others Then came the Norman whose Successors did revive and ratifie the way of governing by Parliament witness Magna Charta which was used to be called the Foundation of the English liberty and it may be compared to divers outlandish graffs set upon one stock for the choysest of the British Roman Saxon Danish and Norman Lawes being cull'd and pick'd out and gathered as it were in one bundle out of them the foresaid grand Charter was extracted the establishment whereof was a work of a Parliament Now by an ancient Statute of Edward the third it was enacted That all Statutes are repealed which are against Magna Charta or Charta de foresta Nor are the Lawes of this Iland only and the immunities of the people conserved by Parliament but all the best policed Countries of Europe have the like The Germans have their Diets The Dane and Swedes their Rich-daghs The Spaniard las Cortes and the French the Assembly of the three Estates though it hath bin for many years discontinued And touching England the Parliament was uâ—ed to be the principal Fountain whence the Soveraign Prince derived his happiness and safety It was the great Conduit-Pipe which conveighed unto him the Peoples bounty and love It was the truest Looking-Glasse wherein he discerned their affections and allegiance In Parliament the Soveraign Prince used to appear like the Sun in the Meridian in the altitude of his glory in his highest Royal State as the Law tells us But we will go now more particularly to work and treat of this great National Conncel according to the first constitution and establishment thereof This Court consisteth of the Kings Majesty sitting there as in his Royal politick Capacity and of the three Estates of the Realm viz. of the Lords spiritual Arch Bishops and Bishops being in number twenty four who sit there by succession in respect of their Counties or Baronies parcel of their Bishopricks which they hold also in their politick Capacity And every one of these when any Parliament is to be holden ought Ex debito justitiae to have a writ of Summons The Lords Temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities which they hold by Descent or Creation and likewise every one of these being of full age ought to have a writ of Summons ex debito justitiae for they are called Parliamentary Barons The third Estate is the Commons of the Realm whereof there be Knights of shires or Counties Citizens of Cities and Burghesses of Burghes All which are respectively elected by the Shires or Counties Cities and Burghes
this Court are heard those that are Delators or Informers in popular or penal Actions having thereby part of the profit assign'd unto them by the Law In this Court if any question be 't is determined by the Common Law of England by twelve men and all Subsidies Taxes and Customes by account For in this Office the Sheriffs of the Countries do attend upon the execution of the Commandements of the Judges If any Fines or Amercements be extracted out of any Court or any arrearages of accounts of such things as is of Customes Taxes Subsidies and other such like occasions the same the Sheriff of the Country doth gather and is answerable therefore to the Exchequer This Court is divided into two parts viz. Iudicial accounts called Scaccarum computorum And into the Receit of the Exchequer The prime Officer of this Court as was meâ—tioned before is the Lord high Treasurer of England who receives a White Staff from the King But in former time he had this Office by delivery of a Golden Key Then there is Cancellarius Scaccarii the Chancelor of the Exchequer who keepeth the Seal Then you have the chief Baron and his Associates whereof one though he sits there yet he hath no voice therefore he was used to be call'd by way of Drollery Baron Tell-clock yet he takes the same Oath that others do he hath a Fee of 100 Marks per annum At daies of prefixions he hath to do with the Sheriffs Accounts he can take Recognizances but he hath not the Robes nor any suffrage upon the Bench in point of Judicature And that nickname Baron Tellclock came up first in Baron Southertons time who when he felt the Chimes ring in his Stomach towards dinner he was us'd to tell chief Baron Tanfield My Lord 't is twelve a clock Then have you sundry other inferiour Officers more then in any other Court except the Kings House This Court is called Exchequer from a French word vne place quarree a four-square place because the Carpet that lay before the Judges is in the form of a Chess-board and of two colours thence the name of Exchequer was derived Now it is to be observe'd that albeit the Barons are the sole Judges of the Exchequer Court yet the Lord Treasurer is joyn'd with them in keeping of the Records The Lord Treasurer hath also granted him by Parent under the great Seal Thesaurarium Scaccarii Regis Angliae which of ancient time as the Lord Coke hath it was a distinct Office by it self Then is there the Pipe Office whereof the Chancelor of the Exchequer is Contrarotulator or Controuler The Original institution of the Pipe Office was taken from a Conduit of water which was conveyed by Pipes into a Cestern which lay in a Court for as water is derived from many Fountains Springs by Aquaeducts into a Cestern House and from thence into several Offices of the same so this golden and silver stream is drawn from sundry Courts as Fountains of Justice and other Springs of Revenue reduc'd and collected into one Pipe and thereby conveyed into the Grand Cestern of the Princes receit c. Therefore all Accounts and Debts to the Crown are delivered and collected out of the Offices of the Kings Remembrancer and Treasurers Remembrancer and so drawn and pâ—t in charge in the Pipe There be five Auditors of the Revenue Royal within the survey of this Court and their Office is to take Accounts of the Kings Receivers Sheriffs Escheators Collectors and Customers and to audite and perfect the Account But an Auditor cannot allow any Licence or Grant in regard he knoweth not whether it be good this belongs to the Barons Neither can the Auditor put any thing in Charge his Office being only to take and audite Accounts There is the Auditor of the Prests whose Office it is to take the Accounts of the Mint Ireland and Barwick and of all other imprested or moneys advanc'd before hand Then is there the Auditor of the Receits which is an Office very considerable and consisting of many parts For first he is a kind of Filazer for he fileth the Tellers Bills and entreth them Secondly he is a Remembrancer for he gives the Lord Treasurer a certificate of the money received the week before Then he is an Auditor for he makes Debenturs to every Teller before they pay any money and takes and audites their Accounts Besides all this he keepeth the black Book of Receits and the Lord Treasurers Key of the Treasury and seeth every Tellers money lock'd up in the new Treasury Of those Tellers there are four and their Office consists in four duties First to receive money due to the Soveraign Prince Secondly to pay all persons moneys by Warrant of the Auditor of the Receit Thirdly to make yearly and weekly Books of their Receits and payments which they deliver to the Lord Treasurer And lastly to give the Clerk of the Pell a Bill of what moneys they receive whereby he may be charged Now touching Clericus Pellis the Clerk of the Pell his duty is to enter every Tellers Bill into a Roll call'd Pellis Receptorum his Office also is to enter ino another Roll payments call'd Pellis exitus signifying by what Warrant the payment was made Concerning the Kings Remembrancer in the Exchequer his Office consists in eight Duties First to write Process against Collectors of Customs Subsidies and Fifteens 2. He entreth in his Office all Recognizances before the Barons and taketh Bond for any of the Kings Debts for observing of Order for appearances and his duty is to make out Process upon every of them 3. He maketh Process upon Informations upon penal Statutes all which Informations are entred into his Office 4 He maketh Bills of composition upon Informations upon penal Statutes 5. He taketh the stallment of Debts and entreth them 6. The Clerk of the Star-Chamber was us'd to certifie into his Office what fines were there set whereof he maketh a Record and draweth them down in the Pipe 7. In this Office ought to be kept all Assurances Conveyances and Evidences whereby any Lands Tenements Herediraments or other things are granted to the Soveraign Prince 8. There is a Court of Equity holden in the Exchequer Chamber by English Bill whereof all the proceedings and Bills are entred into this Office The Lord Treasurers Remembrancer is also an Office of trust and consequence which consisteth of seven Duties First To preserve the Royal tenures and to make out Process for the Revenues thereof 2. He maketh Process of Fierifacias to extend for Debts due to the Prince either in the Pipe or with the Auditors 3. He awards Process against all Sheriffs Escheators Receivers and Bayliffs to bring them to account 4. He is to make an entry of Record whereby it appears whether Sheriffs and other Accountants pay their proffers due at Easter and Michaelmas 5. He makes another entry of Record to the end that it may be known whether
Right and Prerogative due to the Crown in that they have seized and converted to their own use Goods and Chattels of infinite value taken at Sea and other Goods and Chattels which in no sort appertain unto his Lordship by his Letters Patents wherein the said Non obstante is contained and for which he and his Officers remain accountable to his Majesty And they now wanting in this time of peace causes appertaining to their natural jurisdiction do now encroach upon the jurisdiction of the common Law lest they should sit idle and reap no profit They added further That touching their proceedings in granting of Prohibitions concerning any of the said Articles two things were to be considered of first the matter then the manner touching the matter nothing hath bin done therein by the Court of Westminster but by good Warrant of Law and former judicial Precedents And for the manner they granted none in the Vacation time nor in their Terme time in any of their Chambers nor in the Court in the Terme-time ex officio but upon motion made in open Court by learned Councel and after a day prefixed and warning given to the adverse party c. Hereupon they proceeded to prove and confirm their answers by three kind of Authorities in Law First By Authority of High Court of Parliament Secondly By Judgement and judicial Precedents Thirdly By Book-Cases Concerning the Acts of Parliament they urged the Statute of Richard the second viz. That the Admiralls and their Deputies shall not meddle from henceforth with any thing done within the Realm of England but only with things done upon the Sea according to that which hath been duly used in the time of the Noble King Edward Grandfather to Richard the second Concerning the second proof by Judgements and Iudicial Precedents and the third by Book-Cases they alledged divers Cases which are to be seen in that great light and laborious Champion of the Common Law of England the Lord Coke in the third part of his Institutes But the Result of all which the Iudges of the Common Law driv ' at was that the Court of Admiralty was to take no Cognizance nor had power to determine any thing that had happened and should give occasion of Plea upon any Waters either fresh or salt that were within the Precincts of any County but it was tryable by the Common Law of England and by the Empanelment and Verdict of twelve men which is not the way of Tryal of the Civil Law by which the Admiralty is directed By this notable clash and contestation 'twixt the Iudges of Westminster-Hall and the Lord Admiral the Reader may learn what the extent of the Authority of that Court is and that the jurisdiction of the Admiral is confined to the high Sea In times past there were distinct Admirals in point of power as we read in Richard the seconds Raign the Earl of Northumberland was Admiral of the North and the Earl of Devonshire Admiral of the West who were to receive the Subsidy of Poundage and Tonnage for the garding of the Seas Among other Prerogatives which belonged to the Lord Admiral of England one was to erect Beacons upon the Maritim Coasts which word is derived from the old Saxon or Dutch Becnam which signifieth to give a signe as we use the word to becken at to this day Before the Reign of Edward the 3d there were but stakes of Wood set upon high places which were fired upon the discovery of any enemies but in his time pitched Barrels were set up and by the Law of the Land whosoever fired a Beacon commits Felony unless there were Authority and just cause for it In other Countries they are called Phares which are no other then speculatory or maritime monitory fires which serve for two ends as well to direct Seafaring men as to fore-warn the approach of an Enemy which with such wonderful celerity give the whole Land an Alarum and so puts them in a posture of defence But there are three main matters whereof the Lord Admiral is to take Cognizance which are Flotsan Ietsan and Lagan whereof the first is when a Ship is sunk and perished and the Goods floating upon the waters The second is Ietsan when in stresse of weather or other occasions the Goods are thrown over-board The third is when Goods are tyed to a Cork or Cable and may be found again But the Court of Admiralty hath not to do with Wrecks for then the Goods are deposited in the custody of the Officers of the next Town where if the Proprietor come within a twelve moneth and a day he may claim them by Law Henry the sixth did constitute by Charter Iohn Holland Duke of Exceter and Henry his Son to be Admirallos Angliae But the Iudges of the Common Law held that Charter to be invalid and the Reason they alledged was that that Charter being of a Iudicial Office it could not be granted to two When the former contestation happened 'twixt the Court of Admiralty and Westminster-Hall they were choyse powerful men at that time who swayed as Grandees of the Common Law as Sir Edward Coke the Lord Bacon Iudge Doddridge and Hubbard which made them carry the Bucklers from the Civilians at that time But there were some learned Treatises published afterward to vindicate the Right of the Civil Law which without controversie hath more in it of natural equity and reaches of pure Reason then any other It is the Product of that mighty Monarchy of the Romans who though they conquered by the Lance yet they conâ—erâ—ed by their Lawes so many vast distant Territories and Nations which they had subdued leading so many people Captive by their policy as much as by their Prowesse And indeed the Civil Law is fitted for the general Affaires of mankind and for all Nations For though every particular state hath some few municipal Lawes peculiar to it self yet no where beyond the Seas is there any profession or Science of Law but of the Civil nor are there any other studied in Vniversities Only in England there are Inns of Court which are equivalent to an Academy where lex Terrae or the common municipal Law of the Land is studied and Graduates proceed and are made therein accordingly which is no where else But the Civil Law extends to all man-kind And if regard be had to the University of humane Reason it is no where â—o narrowly discussed and eventilated and the judgement rectified by clear notions Moreover there is nothing of what nature soever it be but the Civil Law hath ordained a means to bring it to a Tryal either by giving a speciall action in the case or a general one releeving by ordinary remedies or if those fail by such as are extraordinary helping the Clyent Iure actionis or Officio Iudicis Yet there was one notable Example of one business that not only caused a clash 'twixt the Civilian and Common Lawyer but puzzel'd them both so that
things both for Church and State in point of piety stately Structures of divers natures for the publick good and deeds of charity would make a large Volume of it self I will conclude for the present with a late worthy man one Mr. Iohn Walter who was Clark of Drapers Hall who having resolved with himself when he had attained a competent subsistence for himself and his Children to employ the rest every year for charitable uses which he did constantly for many years He built two Hospitals near London and it was a great while before the Founder of them was known He used to send a proportion of bread to be distributed among the poor to divers Churches and it was not known who sent it till he was dead and that he was missing It is thought by a computation that was made that he had employed above ten thousand pounds to charitable uses of all sorts private and publick and he was so free from vain-glory that his greatest care was to do them in such a manner that his left hand should not know what his right hand did And in his study after his death there was a bag of 800 l. in Gold with a label in paper upon it This is none of mine but the poor's Lastly for Prerogatives Enfranchisements Immunities Charters and Liberties for Hospitality and plentiful treatments as also for Antiquity the City of London comes not in the arrears to any Touching the last 't is true there are some Cities in the East that have the start of her in point of time yet London was built 354 years before Rome which is a fair Age. Touching the second some call London a lick-peny as Paris is called by some a pick-purse because of feastings with other occasions of expence and allurements which cause so many unthrifts among Countrey Gentlemen and others who flock into her in such excessive multitudes but this must be imputed not to the place but to the persons for one may live in London as frugally if he hath wit to make use of it as in any other City whatsoever T' is true that the prizes of all things use to be enhanc'd by confluences and swarms of people which a judicious Forreiner observing in London said that she bore no proportion with the Iland but might serve a Kingdom thrice as big and that England may be rather said to be in London then London in England which made some compare her to the spleen whose over-swelling make the rest of the body languish but it might be answered that London is rather like the stomack which digests the wealth of the Land and after a good concoction disperseth it again in wholsom nutriment to all parts Touching the third viz. freedom and immunities there 's no City hath more In the Raign of Richard the second it was enacted That the Citizens of London were to enjoy their priviledges and franchises licet usi non fuerint vel abusi fuerint whether they were not us'd or abus'd notwithstanding any Statute to the contrary as the Lord Coke hath it in his Institutes In the Lawes of the Land London is called sometimes Camera Regis Reipublicae Cor totius Regni Epitome the Kings Chamber the heart of the Common-wealth and compendium of the whole Kingdom sometimes she is called Caput Regum Legum The head of Kings and of Lawes nay some of the Roman Emperors in their Edicts called her Augusta which is a name alwayes of magnificence and State And now will I take leave of the Noble Augusta or City of London concluding with this hearty wish couch'd in these two Hexameters and relating to her proportion or shape which is a Laurel leaf as formerly was said Londinum Lauri folio non impare formâ Flore at Urbs sicut Laurus semperque virescat London is like a Laurel leaf may She Be verdant still and flourish like the Tree FINIS AN INDEX POINTING At the chief Passage throughout the whole Book A. fol. AUgusta a name given by the Roman Emperors to London 2. Appellations which forrain Authors give of London 2. Of Algate 5. Of Amwel River brought to London 11. The Lord Ailwine first Alderman in England Anno 851. 34. Of the Authority and State of the Lord Mayor of London 35. His Attendants and Officers with divers Prerogatives 35. Of the ancient Court of the Hustings 37. Austin the Monk the Englishmens Apostle 39. The Arms of all the Companies and Corporations of London blazon'd 41. The antiquity of all the Companies of London 41. Of Allhallowes Barking 48. Of Algate Ward 52. Of St. Andrew Undershaft 55. Of Augustine Fryers 72. St. Albanes a very ancient Church in London 301. Of Aldersgate Ward 306. Of the ancient great Monuments in Christs Church 311. The Antiquities of Southwark 137. An Alderman alotted to every Ward 340. The Abbey of Westminster ◠the greatest Sanctuary 346. Of the Court of Admiralty 373. A Contest 'twixt the Court of Admiralty and Westminster Hall 374. Of Amsterdam 339. Of Auspurg 389. B. fol. The Britains concreated with this Iland 2. The British Etymologies of London 2. The Britains were first Founders and God-fathers of London 3. Of Bainards Castle 5. Of the chief Banner-bearer of the City of London 27. The Black Fryers built of the ruines of the Tower of Monsiquet 29. Bishops have bin good Friends to London 40. Of Barking Church 48. The Bayliff of Rumford strangely executed 56. The common Burse at first in Lombard-street 63 Of Bishopsgate Ward 63 Of Bethlem now called Bedlam and the notable deed of gift that was made thereof 63 Of Broad-street Ward 71 Of Billingsgate Ward 84 Of Billingsgate some things remarkable 85 Of the Bridge-ward within 87 Of Backles-berry 113 Of Basings-Hall Ward 123 Of Backwell-Hall 123 The History of the Black-Fryers 316 Of Breadstreet Ward 318 Of Bridewell 332 Of St. Brides 333 Of the Bridge-House 339 A British Prophecy lately verified 348 Bishop of Chesters Inne 349 Of Bedford York Salisbury Worcester-House with others 349 Of Bedford Berry 350 Of Babylon 382 C. fol Cornelius Tacitus lived seven years in Britain the Epist. The Character which Tacitus gives of London 3 Constantine the Great first Builder of London Walls 4 Contests 'twixt the Lord Admiral and Lord Mayor about the Thames 14 The Conservancy of the Thames belongs de jure to the Lord Mayor 17 The Character of London Bridg in Latine and English verse 1 A City compared to a Ship 33 Of the several Courts belonging to the City of London 37 Ceremonies used in the Election of the Lord Mayor and the Sheriffs 36 The Clashes 'twixt the City of London and divers Kings 40 No City without a Cathedral Church and a Bishops See 40 Of the several Companies and Corporations belonging to the City of London 41 Corporations prejudicial to Monarchy 46 The Custom-house Key called in former times Petty Wales 49 Of the Crouched Fryers 57 Of Cornhill-Ward 77 Of Candlewick-Ward 89 The Charter of the Styliard 98
Of Cordwainers-ward 107 Of Cheap-ward 111 Of the great Crosse in Cheap 115 Of Colemanstreet-ward 119 Of Cripplegate-ward 301 Of the Chappel of Jesus hard by Pauls 314 The Counter removed from Bread-street to VVood-street 319 Of Castle-Baynard-ward 324 A Clash 'twixt the Lord Mayor and the Lawyers 330 D. Of Diana's Chamber hard by Pauls 3 A Description of Pauls 7 The duty of the Lord Mayor to conserve the Thames 18 Divers small Bridges in former times in London 23 Of Drapers-Hall 73 Of Dowgate-ward 97 Dowgate-ward hath many things considerable 100 Of the Dance of Death painted at Pauls 323 The difference 'twixt Southark and London in point of Government 340 Of the Dutchy of Lancaster and Savoy with the Liberties thereof 347 Of Dorham-House 349 E. The English converted to Christianity by the Britains 33 The Emperor Charles lodged in the Black-Fryers 316 Of the Elms the place of common Execution in times passed 326 Edward the Consessors Charter to VVestminster 355 Of the Exchequer Court 369 Of the Court of Equity or Chancery 365 An Encomium of the Civil Law 377 Of the City of Florence 387 An extravagant saying of a French Baron In the Epist. Of the eminent Citizens of London 405 F. The foundation and first Rise of the City of London 2 Fitstephen reports of London 8 Of the fresh water Rivers that were in London 10. A factious saying of the Lord Mayors to King James 19 Fearful Fires on London-Bridg 21 Of the four Inns of Court 31 Of the present factions in London 47 Of Fishers Folly hard by Bishops-gate 67 Of Fenchurch 83 Of the Fishmongers Company 88 Of Faringdon Intra Ward 309 Of Faringdon Ward Extra 327 Of Bartholomew-Fair 328 Of Fewter or Fetter-lane 331 G. Of the Gates of London 4 Of the great famous River of Thames 12 Of Grayes Inne 32 Of Grâ—tham Colledge 31 The Government of London 33 Of Knighten Guild 49 Of Grasse-street vulgarly called Gracious-street 40 Of Grocers-Hall 113 Of the Guild-Hall 117 Of St. Giles by Cripplegate 304 Of Golding-lane ibid. The History of the Gray Fryers by Newgate Market 310 Of the great wardrobe 325 Of St. Giles of the Field 345 Of the Gran Cayro 384 Of Genoa 387 A guesse at the number of humane souls breathing in London 403 Of the general Trade of London 396 Of the Gravity and state of the Lord Mayor and the Aldermen 395 H. Of Sir Hugh Middleton and Ware River 11 The History of London Bridge from its beginning 20 The History of the great Tower of London 24 The History of the Saxons or Englishmen 33 Of the Hustings Court 37 Of the Holy Trinity by Algate a famous Priory with the great Prerogatives thereof 50 Of St. Helens Church sometimes a Nunnery 70 Of the Haunce of Almain or the Styliard 97 Henry the eighth came in habit of a Yeoman to see the Watch. 110 The History of Cheap-side-Crosse 115 The History of the Guild Hall 117 The History of the Jews in England 120 The History of Moorfields 301 The History of Sion Colledg 302 The History of Pauls Church 312 Of Houndsditch 341 Of Hamburg and the Hans Towns 388 fol. Of the Inns of Court 9 Iusts and Tournments in former times upon London-Bridg 22 Of the Inns of Chancery 31 Julius Caesar only a Discoverer of Great Britain 〈◊〉 Claudius Caesar the Conqueror 33 The ill May-day 40 Of Jack Straw 81 The Jews banish'd out of England 119 Where the Jews had their Synagogue in London 119 700 Jews murthered by the Londoners 119 Of the Jew that fell into a Iakes at Tewksbury 121 Of James the fourth King of Scots 303 Of St. James Hospital or the Charter-house 343 Of St. James's House and Park 356 L. fol. Of London-Stone 4 Of Ludgate 4 London Bridg hath two many Eyes 20 London much beholden to her Bishops 39 London like a Hive of Bees 41 London a Lick-peny 406 Of Lumley-House 48 Of Limestreet Ward 59 Of Leaden-Hall and the foundation thereof 59 A laudable Custom at St. Mary Spittle for rehearsal of Sermons 67 Of Loseworth or Spittle-field and strange Monuments that were found there 68 Of Langborn Ward 82 Of Lombard-street 82 Of Lothberry 119 Of Lollards Tower 326 Of Lincolns Inne 344 The length of London 404 The latitude of London 404 M. fol. The Method of the work 1 Of Moorgate 5 The Lord Mayors of London had divers appellations 34 Of the Lord Mayor and manner of his Election 36 Of Mart-lane and Minchinlane 48 Of the Minories 51 Of St. Mary Spittle 67 Of Marchantaylors-Hall 73 Of St. Michael in Corn-hill 81. Of Mercers Chappel 116 Of Melitus Bishop of London 312 Of the ancient Monuments in Pauls Church 312 Of the Monuments in the Temple Church 334 Of the Marshalsey 339 The chief Monuments of Westminster 355 Of the Mewse 355 N. fol. A notable saying of Count Gundamar touching the Iesuites 9 Of Northumberland-House 57 A new Monument of a Porter in Cheape-side 115 Of Newgate and the Market thereof 317 Of the New Market in St. Clements Field 344 Of the City of Naples 387 O. fol. Otia Imperialia an ancient Book of Gervase of Tilberry 5 Of the Officers attending the Lord Mayor of London 38 Of the old Jury 120 Of the old Exchange 319 Of old Fishstreet-Hill 322 Of the Heralds Office 326 Of Old Burn or Holburn 327 Of the Old Baylie 330 Of the Clink 337 Of St. Mary Overy 338 Of St. Olaves 330 P. The Proeme 1 The Parallel 381 Of the Posterns about London 5 Of Pauls Church 7 Pauls Church built partly at first and now destroyed by the sins of the People 7 The passage of the Thames from her first Spring 12 The pittiful Speech of Queen Jane when beheaded 26 Divers priviledges given to the Lord Mayor of London 34 Provost Marshal given the City by Queen Elizabeth 35 The Prior of the holy Trinity at Aldgate once a great man in the Government of the City of London 39 Paris a Pick-purse 406 Of Portsoken-Ward 49 The famous Priory of the holy Trinity built by Queen Matilda 53 The Prior of the Holy Trinity alwayes an Alderman of London 53 Of Pawlet or Winchester House in Broad-street 72 Of St. Peter upon Corn-hill and of the ancient Table that hangs there 79 Of the Priory of St. Bartholomew 328 Of the priviledges of London 407 The Popes-head-Tavern a Kings Palace in times passed 81 Of the priviledges of the Styliard 98 Pauls Steeple and Church-fired 313 Parliament kept in Black Fryers 313 Of Puddle-Wharf 325 A Purchase made of much Lands in Southwark by the City of Edward the sixth 335 Of the Prisons in Southwark 339 Of the high Court of Parliament 356 Of the Common Pleas. 368 Of Palermo 387 Of Paris 391 Q. Of Queen Hith 322 Of the pious Queen Matilda 345 Of the most pious Queen Eleanor 356 Of the City of Quinzay call'd the Celestial City 383 R. Restitutus Bishop of London sâ—te at the Councel of Arles in Constantines