the Prince of Orange's Forces coming this way from the West Which two days after was followed by his Desertion of that Place and soon after by the Desertion of the Crown and Government Moreover this City has been for several Ages honoured with the Title of an Earldom 1. in the persons of Patrick and William D'Evreux successively 2. In two Williams surnamed Long-Espèe the first a base Son of King Henry II. by Rosamond 3. In two Nevils both Richards by their Christen-names 4. In the person of George Duke of Clarence who married Isabel Daughter of Richard Earl of Warwick 5. In Edward eldest Son of King Richard III. 6. In Margaret Daughter of George Duke of Clarence created Countess of Salisbury by King Henry VIII And lastly in the Family that now injoy's it the first being Robert Cecil Lord of Essendine and Viscount Cranborn created Earl of Salisbury by King James I. Anno 1605. From whom is descended the present Earl James Cecil Lastly this City is a Place well inhabited and frequented injoying a good Trade And its Markets on Tuesdays and Saturdays are very considerable for all sorts of Provisions The other Market-Towns are Marlborough Sat. Malmsbuâ—y Sat. Chippenham Sat. Werminster Sat. Troubridge Sat. Cricklade Sat. Bradford Mund. Swindon Mund. Calne Tue. Auburn Tue. Lavington Wedn. Wilton Wedn. Highworth Wedn. Devizes Thu. Hindon Thu. Wooten-Basset Thu. Downton Frid. Amersbury Frid. Westbury Frid. Mere Marmister Among which Marlborough or Marleburgh is next to Salisbury the most considerable Town in this County The Town called anciently Cunetio in Antonine's Itinerarium as the River Kennet was upon which it stands but by the Normans in whose Time this Town revived out of the Ruins of the old it was named Marleburgh as being seated in a chalky Soil which in some Places is still called by the name of Marl. A Town stretched out from East to West upon the ascent of a Hill watered by the Kennet not far from the head of it and having the conveniency both of a Forest and Chase in its Neighbourhood the first called Savernake-Forest and the other Aldburn Chase It had once a Castle belonging unto John surnamed Sans Terre who afterwards was King of England The Castle still famous in our Law-Books for a Parliament there held in the Reign of King Henry III. in which were made the Statutes from hence called of Marleburgh for the suppressing of Tumults But King Charles 1. at this Coronation made it yet more notable in making it the Honour as it was the Neighbour of James Lord Ley Lord Treasurer created by that King Earl of Marlbourough Anno 1625. Which Title continued in three Persons more of his Name and Family and since the late Revolution was conferred by our present King upon the Right Honourable John Churchill the present Earl of Marlborough This Town has suffered very much by the frequent Misfortune of Fire under which it groans to this day Near unto this Place is a Village called Rockley from divers Stones like Rocks pitcht up on end Among which there sometimes breaks forth a violent Stream of Water called Hungersbourn by the Country-people by whom 't is reputed as the fore-runner of a Dearth Malmesbury another good Town stands in the North-West Parts of the County pleasantly seated on a Hill near the Spring of the River Avon over which it has six Bridges being almost incircled with that River Chippenham and Bradford are also seated on the Avon and Troubridge near it Amersbury or Ambresbury commonly pronounced Ambsbury on the other Avon near the Stone-henge and but 6 miles North of Salisbury Upon which River near the Confines of Hampshire you will find also the Town called Downton or Duncton Calne is situate on a River so called which runs from East to West into the Bristol Avon This Town is noted for the Provincial Synod held here in the Year 977 to determine the hot Disputes in those Times between the Monks and the Priests concerning Celibacy But whilst they were debating the Matter in hand the Convocation-house suddenly fell down by which Fall several were slain and many cruelly wounded Wilton is seated between two Rivers the Willy Northward and the Nadder Southward From the first it took its Denomination as the whole County from Wilton Once the chief Town thereof and a Bishops See honoured with the Residence of nine several Bishops But by translating the See to Salisbury and carrying thither withall the Thorough-fare into the West-Country which before was here it fell by little and little to decay So that it is at present but a mean Town Yet still a Borough-Town the Place where the Knights of the Shire are chosen and where the Sheriff keeps his monthly county-County-Courts Werminster of old Verlucio a Town in former Time of very good account is seated at the Springs of the River Willy otherwise called Willybourn Westbury and Devizes are two Borough-Towns that is such Towns as fend Burgesses to Parliament The first situate on the Broke a small River that falls into the Avon Devizes at the very head of another Stream bearing the Name of the Town which likewise do's empty it self into the Avon I pass by the rest as Inconsiderable to take notice of Clarendon a fine spacious Park lying near to and Eastward of Salisbury 'T is seated upon a Hill on which stand twenty Groves severally inclosed and each a mile in compass Adorned in Times past with a Royal House which in process of time is falnto ruin But more remarkable for that in the Reign of Henry the Second Anno 1164 here was made a certain Recognition and Record of the Customs and Liberties of the Kings of England before the Prelates and Peers of the Kingdom for the avoiding Dissentions between the Clergy the Judges and Barons of the Râ—â—lm Which Act was called The Constitutions of Clarendon whereof so many as the Pope approved have been set down in the Tomes of the Councils and the rest omitted But that which has added more lustre to Clarendon is its being Dignify'd with the Title of an Earldom first in the person of Edward Hyde sometime Lord Chancellour of England who was created Viscount Cornbury in Oxfordshire and Earl of Clarendon by King Charles II Anno 1661. Upon whose Death at Rouen in Normandy Dec. 19th 1674 he was succeeded in his Title by his eldest Son Henry Hyde the present Earl of Clarendon To conclude this County which formerly was Part of the Kingdom of the West-Saxons and its Inhabitants part of the Belgae as the Romans called them is now in the Diocese of Salisbury Out of it are chosen besides the two Knights of the Shire no less than 32 Members to fit in Parliament Viz. two out of each of these following Towns New Sarum or Salisbury Wilton Downton Hindon Westbury Heytesbury Calne the Devizes Chippen ham Malmesbury Cricklade Great Bedwin Lurgershal Old Sarum Wootton Basset and Marlborough But we must not omit the famous Caves that ly in
the South with Herefordshire It s Length from North to South is about 35 miles its Breadth from East to West 26. The Whole divided into fifteen Hundreds wherein 170 Parishes and 15 Market-Towns Here the Air is counted very wholesom and the Soil as fruitfull both for Corn and Pasture T is well cloathed with Wood and in the Bowels of the Earth are Mines of Iron and Pitcoal in great plenty But towards the West and South Parts the Country is very hilly and mountainous As for fresh Streams no County is better watered than this For besides the Severn which in its crooked and winding Course cuts the Shire in the midst here are the Roden the Terne Clum Rea and Teme In all which are plenty of fresh-Water Fish And as this County is inferiour to none about it either for delight or penty So for the Number of Towns and Castles standing exceeding thick on every side as having formerly been a Frontier-County towards Wales it is far above ' em Shrewsbury the chief Place hereof bears from London North-West and by West and is distant therefrom 124 miles thus Viz. From London to St. Albans 20 and to Dunstable 10 more thence to Stony-Stratford 14 to Towcester 6 and to Daventry 10 more from thence to Covenrry 14 and to Bermingham 14 more then to Dudley 8 to Bridgenorth 12 more from Bridgenorth to Wenlock 6 and from thence to Shrewsbury 10. 'T is seated in the very midst or Center as it were of the County on a pleasant Ascent and on the Banks of the Severn not far from the Place where stood Vriconium out of whose Ruins 't is said to be raised The Severn do's almost incompass it round and that Part of it which is not fenced with it is fortified with a strong Castle built by Roger de Montgomery the first Earl hereof A Town which for neatness of Buildings both publick and private for variety and fineness of Streets for extent and populousness yields to few Cities in England It contains five Parish-Churches two of which viz. St. Marie's and St. Alchmond's are fair Structures and beautify'd with lofty Spires And here are still to be seen the Remains of a stately Abbey founded by the foresaid Earl of Montgomery Besides the natural Strength of this Place it is fenced about with a strong Wall with a Bulwark ranging from the Castle unto and part along the Severn On the East and West there are three Entrances into the Town by two fair Stone-bridges with Gates Towers and Bars and on the North by a Gate over which stands the Castle once exceeding strong Remarkable besides for giving the Title of Earl to the Right Honourable Charles Talbot the present Earl of Shrewsbury In short 't is a well-traded and frequented Town by all sorts of people both English and Welch whose frequent Intercourse brought them to speak both Speeches The principal Trade they drive here is in Cloths Frizes Welch Cottons and some other Commodities this being the common Mart or Empory between England and Wales And here are Weekly 3 Markets Viz. On Wednesdays for Provisions on Thursdays for Welch Cottons c. here sold in great abundance and thence sent to London on Saturdays for all sorts of Provisions The other Market-Towns are Bridgenorth Sat. Newport Sat. Ludlow Mund. Great Wenlock Mund. Oswestree Mund. Ellismeer Tue. Shipton Tue. Drayton Wedn. Wem Thu. Wellington Thu. Stretton Thu. Whitechurch Frid. Bishops Castle Frid. Clebury Among which Ludlow seated in the South Parts of the County upon the Banks of the Teme is the most considerable The Town is large and populous beautified with many fair Edifices It is also defended by a Wall and a Castle both built by Earl Roger of Montgomery But it is of chief note for being the Place where the Court for the Marshes of Wales were kept first ordained by King Henry VIII for the Trial of Causes but suppressed in the late Session of Parliament Bridgenorth or the Borough of Bruges is situate upon the Severn over which there 's a fair Stone-bridge 'T is a good large Town divided into two Parts the one called the Upper the other the Lower Town containing two Parish Churches In former time fortified with Walls a Ditch and a stately Castle seated on a Rock now decay'd Drayton on the River Terne where it severs this County from Staffordshire is a Place of some note for a Battel there fought betwixt the Houses of York and Lancaster Newport lies South of Drayton on a Plain or Flat adjoyning to Staffordshire Great Wenlock in the Road from Worcester to Shrewsbury Bishops Castle in the South Parts not far from the River Clun Wem on the Roden in the North Parts of the County noted for the Title of Baron it lately gave to the Lord Chancellour Jeffreys Oswestree and Ellismore near the Borders of Wales Whitechurch on the Confines of the County near Cheshire At Wenlock in the Time of Richard the Second was found a rich Copper Mine And at Pitchford in this County is a Well or Spring in a private Man's Yard wherein flow's a thick Scum of liquid Bitumen which being cleared and taken off one day will have the like upon it again the next Alderbury though no Market-Town is famed for being the Birth-place of old Thomas Parre who lived to a great Age and about two years before he died was brought up to London to King Charles I. Where he died and lies buried in Westminster Abbey He was born Anno 1483 died in the Year 1635 lived 152 Years and saw ten â—eigns Lastly this County which formerly was Part of the Kingdom of Mercia and its Inhabitants part of the Cornavii as the Romans called them stands now divided betwixt the Dioceses of Lichfield and Hereford Out of it are elected besides the two Knights of the Shire ten Members of Parliament Viz. two out of each of these following Towns Shrewsbury Ludlow Great Wenlock Bridgenorth and Bishops-Castle Somersetshire SOMERSETSHIRE a large Maritime County in the West of England is so called from Somerton once the most famous and most considerable Town in all the County and now but a small Market-Town of little or no credit 'T is bounded on the East by Wiltshire and part of Devonshire on the West by Devonshire Northward by the Severn Sea and part of Glocestershire Southward by the Counties of Devon and Dorset It s Length from East to West is about 55 miles its Breadth from North to South 40. The Whole divided into 42 Hundreds wherein 385 Parishes and 30 Market-Towns The Air of this County in the Summer Season is very agreeable but in Winter-time 't is apt to be too moist and foggy Accordingly the Soil in Winter is wet miry and moorish especially in the midst of the Country which makes the Roads very uneasy to Travellers But in Summer there is no pleasanter Country being garnished as it is with rich Pastures and delightful Meadows Which has given occasion to an usual Proverb here
absence to do whatever almost the Chancellour might do if he were present He keeps Judicial Courts wholly ruled by the Civil Law which all Members of the University are subject to And by Charter of Henry IV it is left to his Choice whether any Member in the University there inhabiting accused for Felony or High Treason shall be tried by the Laws of the Land or by the Laws and Customs of the University Though now where Life or Limb is concerned the Criminal is left to be tried by the Laws of the Land But in all Suits for Debts Accounts Contracts Injuries c. betwixt the Students he is the proper Judge and has Power to determine such Causes to Imprison to give corporal Punishment to excommunicate to suspend and to banish 'T is the Vice-Chancellor's Business to see that Sermons Lectures Disputations and other Exercises be performed that lewd people Hereticks c. be expelled the University and the Converse with Students that the Proctors and other Officers of the University duly perform their Duty that Courts be duly called and Law-Suits determined without delay In a word that whatever is for the Honour and Benefit of the University or may conduce to the Advancement of good Literature may be carefully obtained Next to the Vice-Chancellor are the two Proctors yearly chosen by turns out of the several Colledges These are to assist in the Government of the University more particularly in the business of Scholastick Exercises and taking Degrees in searching after and punishing all Violaters of Statutes or Priviledges of the University all Night-Walkers c. They have also the Oversight of Weights and Measures that Students may not be wronged Next in order is the Publick Orator Whose Charge is to write Letters according to the Orders of the Convocation or Congregation and at the Reception of any Prince or great Person that comes to see the University to make proper Harangues c. Then there is the Custos Archivorum or Keeper of Records Whose Duty is to collect and keep the Charters Priviledges and Records that concern the University to be always ready to produce them before the chief Officers and to plead the Rights and Priviledges of the University Lastly there is a Register of the Univerfity whose Office is to register all Transactions in Convocations Congregations Delegacies c. Besides the foresaid Officers there are certain publick Servants the chief whereof are the six Beadles and the Verger Three of the first are called Squire Beadles who carry large Maces of Silver gilt and the other three Yeomen Beadles whose Maces are of Silver but ungilt Their Office is always to wait on the Vice-Chancellor in publick doing what belongs to his Place and at his Command to seize any Delinquent and carry him to Prison to summon and publish the Calling of Courts or Convocations to conduct Preachers to Church and Lecturers to School c. But upon Solemnities the Verger appears with a Silver Rod in his hand and walking with the other six before the Vice-Chancellor is to observe his Commands and to wait on Grand Compounders c. I have already mentioned several great Priviledges granted by former Kings to this University That of sending two Burgesses to Parliament they hold from King James I. Another that no Victuals be taken by the King's Purveyors within 5 miles of Oxford unless the King himself comes thither is of a much more ancient Date But one of the most considerable is That granted by Charter of King Edward III whereby the Mayor of Oxford is to obey the Orders of the Vice-Chancellor and be in subjection to him Accordingly the Mayor with the chief Burgesses in Oxford and the High-Sheriff of Oxfordshire besides every Year in a solemn manner take an Oath given by the Vice-Chancellor to observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every Year on the tenth of February being the Day of S. Scholastica a certain Number of the principal Burgesses publickly and solemnly do pay to each Colledge a Peny in token of their Submission to the Orders and Rights of the University Thus you have a short Description of Oxford as a City and an University My next Business is the Description of Cambridge Cambridge CAMBRIDGE the chief Town of Cambridgeshire and that from whence the Country is denominated bears from London North by East and is distant therefrom 44 miles thus From London to Waltham 12 to Ware 8 more thence to Puckeridge 5 to Barkway 7 and to Cambridge 12 more 'T is seated at the Confluence of two Rivers the Cam and the Grant which running from thence Northward in one Channel empty themselves in the Ouse 3 miles above Ely By these Rivers it is separated into two but unequal Parts but they have Communication by a Bridge It is a Place of a large Extent numbering 14 Parishes And according to Doctor Fuller's Observation in his Worthies of England 't is a Town within an University whereas Oxford is an University within a Town For in Cambridge the Colledges are not so surrounded with Streets as in Oxford but for the generality seated in the Skirts of the Town which afford them the better and more delightfull Walks and Gardens about them There are in Oxford as I said before 18 Indowed Colledges and 7 Halls In Cambridge there is but 12 Colledges and 4 Halls 'T is true they are all Indowed and generally so large that the Number of Students is commonly little different from that of Oxford The Names of them and of their Founders together with the Time of their Foundation you have in the following Table Colled Halls Founded by Anno. S. Peter's Colledge Hugh de Balsham Bishop of Ely 1284 Clare-Hall Rich. Badow Chanc. of the University 1326 Pembroke-Hall Mary S. Paul 1343 Gonvile Cajus Edmund de Gonvile and Cajus 1348 Trinity-Had Wil. Bateman Bishop of Norwich 1350 Corpus Christi H. of Monmouth D. of Lancaster 1351 King's Colledge King Henry VI. 1441 Queen's Colledge Margaret Wife to King Henry VI. 1448 Catharine Hall Robert Wood Lord Chancellor of the University 1475 Jesus Colledge John Alcock Chanc. of England 1496 Christs Colled S. John's Coll. Margaret Countess of Richmond 1505 Christs Colled S. John's Coll. Margaret Countess of Richmond 1508 Magdalen Coll. Tho. Audley Chanc. of England 1519 Trinity Colledge King Henry VIII 1546 Emanuel Colledge Sir Walter Mildmay Chancellor of the Exchequer 1582 Sidney and Sussex Francis Sidney Chancellor of Sussex 1598 The Degrees at Cambridge are usually taken as at Oxford except in Law and Physick For at Cambridge six Years after one has taken the Degree of Master of Art one may take the Degree of Batchelor and after five Years more that of Doctor The Batchelors of Arts compleat their Degree in Lent beginning at Ash-Wednesday And the first Tuesday of July is always Dies Comitiorum there called the Commencement wherein the Masters of Arts and the Doctors of all Faculties compleat
of Salisbury began the Sermon his Text being taken out of 2 Sam. 23. V. 3 4. The Sermon ended Their Majesties took the Oath And being conducted to their Regal Chairs placed on the Theater that they might be more conspicuous to the Members of the House of Commons who were seated in the North-Cross They were Anointed After the Unction they were presented with the Spurs and Sword invested with the Palls and Orbs and then with the Rings and Scepters At four of the Clock the Crowns were put upon their Heads at sight whereof all the People shouted the Drums and Trumpets sounded the great Guns were discharged and the Peers and Peeresses put on their Coronets Then the Bible was presented to Their Majesties and after the Benediction They vouchsafed to kiss the Bishops Being Inthroned first the Bishops and then the Temporal Lords did their Homage and Kissed Their Majesties left Cheeks In the mean while the Treasurer of the Houshold threw about the Coronation Medals which were of Silver about the bigness of a half-crown Piece representing of one side the King and Queen with their Names thus Gulielmus Maria Rex Regina And on the Reverse giddy-brained Phaethon unskilfully guiding the Chariot of the Sun with Jupiter above striking him with a Thunder-bolt and this Motto about it Ne Totus Absumatur that is Lest the whole World be Consumed with fire A very pat Emblem to the present Juncture as those may best judge who are well acquainted with the Story of Phaethon Next followed the Communion And Their Majesties having made Their second Oblation received the holy Sacrament Then the Bishop read the final Prayers After Prayers Their Majesties retired into S. Edward's Chapel where they were new Arrayed in Purple Velvet And in this Habit they returned to Westminster-Hall with Their rich Crowns of State upon their Heads and the Nobility their Coronets A splendid Dinner being prepared in the Hall for Their Majesties and the whole Proceeding the first Course for Their Majesties Table was served up with the proper Ceremony being preceded by the great Officers and the High Constable High Steward and Earl Marshal But the Tables of the Nobility c. were all ready furnished before their Coming in Before the second Course Charles Dymoke Esq Their Majesties Champion came into the Hall on horse-back between the High Constable and the Earl Marshal where be performed the Challenge After which the Heralds proclaimed Their Majesties Styles Dinner being ended and the whole Solemnity performed with great Splendour and Magnificence Their Majesties about eight in the Evening returned to Whitehall CHAP. IX Of the King's peculiar Prerogatives Also of His Power Court and Revenues in general BEsides the Royal Marks of Sovereignty inherent in the Crown of England the King has certain Priviledges properly called by the Name of Prerogatives which are so many Flowers of the Crown The principal are these that follow First all Estates for want of Heirs or by Forfeiture escheat or revert to the King To Him also belong all Lands of Aliens dying before Naturalization or Denization unless they leave Issue born within his Dominions All Waste Ground or Land recovered from the Sea All Gold and Silver Mines in whose Ground soever they are found All Wayfs Strays and Wracks not granted away by Him or any of his Predecessors All Treasure found as Gold Silver Plate Bullion c. the Owner whereof is unknown All Royal Fishes as Whales Dolphins c. And Royal Fowl as Swans not markt and swimming at liberty on the River The King by his Prerogative has the Right of Pre-emption of all Sorts of Victuals near the Court and may take Horses Carts Ships and Boats for his Carriages at reasonable Rates By his Letters Patent he may erect new Counties Cities Boroughs Universities Colledges Schools Hospitals Fairs Markets Forests Chases Free-Warrens c. And without his Authority no Forest Chase or Park can be made or Castle built He has Power likewise to Infranchise an Alien and make him a Denison whereby he is inabled to purchase Houses and Lands and to bear some Offices But none can be Naturalized but by King and Parliament The King only can give Letters of Mart or Reprisal And in case of Losses by Fire or otherwise He only can give Patents to receive the charitable Benevolences of the People without which no Man may ask it publickly Debts due to the King are in the first place to be satisfied in case of Executorship and Administratorship and till the Kings Debts be satisfied He may protect the Debtor from the Arrest of other Creditors He may Distrein for the whole Rent upon one Tenant tho he do not hold the whole Land Is not obliged to demand his Rent as others are and may sue in what Court he pleases and Distrain where he list No Occupancy can stand good against the King nor any Entry before Him prejudice him And the Sale of the Kings Goods in open Market do's not take away his Property therein All Receivers of Mony for the King or Accomptants to Him for any Branch of his Revenues are chargeable for the same at all times in their Persons Lands Goods Heirs Executors and Administrators And when any Debtor to the King is disabled to pay him by reason of Debts owing him which he has not been able to recover in such a Case the Kings Debtor being Plaintiff has some Priviledges above others by virtue of a Quo minus in the Exchequer In Doubtfull Cases always there ought to be a particular Regard and favourable Presumption for the King And Judgments against the King's Title are always entred with a Salvo Jure Domini Regis That if at any time the King's Council at Law can make out his Title better that Judgment shall not prejudice Him Which is not so for a Subject The King's Servants in Ordinary are free from Arrest also from all Offices that require their Attendance as Sheriff Constable Church-Warden c. And for reasonable Causes Him thereunto moving He may protect any Man against Suits at Law c. with a Noli Prosequi As to Church Matters the King by Act of Parliament is the Supream Head of the Church as He is of the State and is lookt upon as her Gardian and Nursing Father He is as Constantine the Emperor said of himself an external Bishop of the Church and in some Sense a Priest aswell as a King Therefore at his Coronation He is Anointed with Oyl as the Priests were at first and afterwards the Kings of Israel to intimate that his Person is Sacred and Spiritual and has the Dalmatica and other Priestly Vests put upon Him By virtue of his Prerogative He has Power to call a National or Provincial Synod and to make such Alterations in the Church-Discipline as they shall judge expedient And as He is the Lord Paramount or Supream Landlord of all the Lands in England so He has all over England the Supream
a King De Jure and a King De Facto But those Diseases I thank God are not so Epidemical as to indanger a Convulsion in the State There are excellent and approved Remedies for them in the Pastoral Letter of the present Bishop of Salisbury and in the Collection of Papers but particularly in the late Book put out by that eminent Divine Dr. Sherlock to which for brevity sake I referâ— the Diseased But if Reason cannot Time I hope will wear out their Distempers And so I bid them Farewell CHAP. XV. Of the present KING and QVEEN's Court. THeir Majesties Court is composed of two distinct Bodies one of Laymen another of Churchmen I shall begin with the first not out of any Disrespect to the second but because this seems to me the most proper and natural Method The Court-Laymen are subdivided into two distinct Parts Civil and Military But before we descend to Particulars 't is to be observed I. That the Court wherever it is has within it self a certain Latitude of Jurisdiction called the Verge of the Court which is every way within 12 miles of the chief Tunnel of the Court except London which is exempted by Charter II. That the King's Court or Pallace where is Majesty resides is counted so sacred a Place â—at not only Striking of any one there in â—assion is severely forbidden but also all Ocâ—asions of Striking The first by the ancient â—aws of England was punished with Death â—â—d Loss of Goods And to this day whoâ—â—er presumes to strike another within the Palâ—ce where the King's Person resides and does 〈◊〉 draw blood by his Stroke is liable â—thout His Majesties Pardon to lose his right Hand to be Fined at the King's Will and ly in Prison till the Fine be paid And further to deter any one from presuming to Strike in the King's Court the Punishment for it is executed with great Ceremony III. That as great as the Court is yet it falls much short of what it has been formerly whether we consider the prodigious Plenty the Court lived in or the Greatness of the Houshold The Diminution whereof was first occasioned by the Troubles in the Reign of Charles I continued by Charles his Son and made greater by the late King James Before the Troubles aforesaid this Court went far beyond all others in Plenty and Magnificence no less than 86 Tables being kept here furnished in all with about 500 Dishes each Meal with all Things sutable A Profuseness I confess becoming the Times when the English were more addicted to Feasting than they are at present But to come to the present State of the Court the King's Houshold is managed in chief by these three principal Officers whose respective Salaries I have annexed Viz.  Wages Board-wages The Lord Steward 100 00 00 1360 00 00 The Lord Chamberlain 100 00 00 1100 00 00 The Master of the Horse 1200 00 00  Under whom are almost all the King's Officers and Servants The Lord Steward is the Principal Officer oâ— the King's Houshold To whom the State oâ— the House is committed to be ruled by hiâ— Discretion and all his Commands in Court to be obeyed and observed His Authority reaches over all Officers and Servants of the King's House except those of the King's Chamber the Stable and the Chappel He is a White-Staff Officer and the White-staff is taken for a Commission In the King's Presence he holds it up in his hand and at other times when he goes abroad 't is carried by a Footman bare-headed Upon the King's Death he breaks his Staff over the King's Herse and thereby discharges all Court-Officers under him By his Office without any Commission he judges of all Treasons Murders Felonies and Bloudsheds committed in the Court or within the Verge Which is much for the King's Honour that where His Majesty is no Justice should be sought but immediately from his own Officers At the beginning of Parliaments he attends the King's Person and at the end he adjusts the Parliament Expences c. To take the Accounts for all Expences of the King's Houshold there is a Place at Court called the Compting-House And in this House is kept that ancient Court of Justice called the Green Cloth of a Green Cloth whereat the Court sits The Officers that sit in the Compting-House and at the Board of Green Cloth with their respective Salaries are Besides the Lord Steward in chief  Wages Board-wages The Treasurer and Cofferer of the Houshold 223 14 08  The Comptroller 107 17 06 1092 02 06 The Master of the Houshold 66 13 04 433 06 08 Two Clerks of the Green Cloth and Two Clerks Comptrollers each 44 06 08 455 13 04 Amongst which the Lord Steward the Treasurer and the Comptroller are usually of the King 's Privy Council and the two last are also White-Staff Officers Their Office in the Compting House is there to sit day by day to take as I said before the Accompts for all Expences of the King's Houshold to make Provisions for it to make the Payments and such Orders as they think fit for the Servants In short to Them is committed the Charge and Government of the King's House with Power to correct all the Servants therein that shall any way offend and to keep the Peace not only within it but within the Verge of the Court. And whereas the King's Servants are free from Arrest the Creditors of such as are backward to pay have no other way for Payment but to make their application to the Board of Green Cloth which upon hearing of the Matter take care to see Justice done to the Creditors In the Lord Steward's Absence the Treasurer has power with the Comptroller and Steward of the Marshalsea by virtue of their Office and without Commission to hear and determine Treasons Felonies and other Crimes committed within the King's Pallace and that by Verdict of the King's Houshold And if any Servant within the Check-Roll be found guilty of Felony he is incapable of the Benefit of the Clergy The Comptroller's Office is to Comptrol the Accounts of the Green Cloth The Cofferer pays the Wages to the King's Servants above and below Stairs and for the Houshold Provisions according to the Allowance and Direction of the Green Cloth He has also a particular Charge and Oversight of the inferiour Officers of the King's House The Master of the Houshold surveys the Accounts of the House The Clerks of the Green Cloth sum up all Bills of Comptrolment Parcels and Brievements And the two Clerks Comptrollers do let and allow them But besides the foresaid Officers belonging to the Compting House and Green Cloth there are inferiour Officers and Servants relating to the same Viz.  Per Annum  Wages Board-wages Two Yeomen each 05 00 00 73 00 00 Two Grooms each 02 13 04 54 15 00 A Messenger 02 13 04 37 06 08 In the inferiour Offices below Stairs all under the Lord Steward there is
eldest Son is Frederick the Heir apparent born in the Year 1671 and the two others are Christiern and Carolus The Duke of Glocester is the only Son and Heir of their Royal Highnesses the Prince and Princess of Denmark He was born July 24th 1689 and on the 27th he was Christened at Hampton-Court by the Lord Bishop of London and named William the King and the Earl of Dorset Lord Chamberlain of His Majesties Houshold being Godfathers and the Lady Marchioness of Hallifax Godmother CHAP. XIX Of the Nobility of England THE English Nobility is divided into five Degrees Viz. Duke Marquess Earl Viscount and Baron And they are called the Peerage of England because they are all Peers the Barons as well as the rest They have also all of them the Title of Lord. All these Honours are given by the King who is the sole Fountain of Honour and whatever Title a Subject of England receives from any forein Prince is not only Insignificant here but Unwarrantable by Law All Noblemen at their Creation have two Ensigns which signify two Duties Their Heads are adorned in token that they are to assist their King and Country with good Counsel in time of Peace and they are girt with a Sword as being to support the King and defend the Kingdom with their Lives and Fortunes in time of War A Duke is created by Patent Cincture oâ— Sword Mantle of State Imposition of A Cap and Coronet of gold on his head and a Vergâ— of gold put into his hand A Marquess and aâ— Earl by Cincture of Sword a Mantle of State with a Cap and Coronet put upon him by the King himself and a Patent delivered into his hand Viscounts and Barons are made by Patent and these sometimes by Writ whereby they are called to sit in the House of Lords All the Peers have Coronets but with these Distinctions A Baron has six Pearls upon the Circle a Viscount the Circle of Pearls without number an Earl has the Pearls raised upon Points and Leaves low between a Marquess a Pearl and a Strawberry-leaf round of equal height and a Duke Leaves without Pearls Only the Dukes of the Royal Blood bear like the Prince of Wales a Coronet of Crosses and Flower de Luce. Which is the same with the King 's excepting the Arches Globe and Cross on the top of the King's Crown But the greatest Distinction amongst the Nobles is their Parliament Robes in their several Gards on their Mantles and short Cloaks about their Shoulders For a Baron has but two Gards a Viscount two and a half an Earl three a Marquess three and a half and a Duke four Besides that the Mantle of a Duke Marquess and Earl is faced with Ermine that of a Viscount and Baron with plain white Furr Dukes were at first so called a ducendo being anciently Generals and Leaders of Armies in time of War Marquesses from their Government of Marches and Frontire-Countries Earls in Latine Comites because they had the Government of Counties Viscounts in Latine Vice-Comites as being Assistants or Deputies in the Government of Counties Barons according to Bracton quasi Robur Belli the safety of the King and People in Time of War depending upon their Courage and Skill in Martial Affairs Anciently a Duke was made so for Term of Life then held by Lands and Fees till Dukes came to be Titular and Hereditary In those Times likewise there was no Earl but had a County or Shire for his Earldom who for the support of his State had the third Peny out of the Sheriffs Court issuing out of all Pleas of that County whereof he was Earl Also those Barons only were accounted Peers of the Realm that held of the King per integram Baroniam which consisted of 13 Knights Fees and one third part that is of 400 Marks each Knights Fee being 20 l. And whoever had so much was wont to be summoned to Parliament But then 100 Marks was as much as 2000 pounds at this day as may be guessed by comparing the Prices of Things 'T is true King Henry III after he had with much ado suppressed his Barons called by Writ unto Parliament only such great Men as had continued loyal or were like so to be Which Example being followed by his Successors they only were accounted Peers of the Realm that were so called by the King 's special Writ Till Barons came to be made by Patent as well as by Writ and at last most by Patent which makes it hereditary But there are Barons in England that have noâ— share in the Peerage as such viz. the Barons of the Exchequer and the Barons of the Cinque-Ports Such as these the Earls Palatines and the Eath of England Marches had anciently under them and such there are yet in Cheshire The chieâ— Burgesses of London were also called of oâ— Barons All Dukes Marquesses and Earls at this day have their respective Titles from some Shire or part of a Shire Town or City Castle Park or Village Except two Earls whereof one is Officiary and the other Nominal the first being the Earl Marshal of England and the last the Earl Rivers who takes his Denomination from an Illustrious Family Barons are so denominated from their chief Seat or a Castle belonging to the Family Which is not to be divided amongst Daughters if there be no Sons but must descend to the eldest Daughter None of these Honours can be lost but these two Ways Either by want of Issue male except where the Patent extends to Issue female as sometimes it does Or else by some heinous Crime and then it cannot be restored to the Bloud but by Act of Parliament A Duke has the Title of Grace given him and the other Peers that of Lordship on Honour Accordingly we commonly give to these the Epithet of Right Honourable All Dukes and Marquesses Sons are called Lords by the Courtesy of England and the Daughters Ladies I say by the Courtesy of England for the Law makes no such Distinction but looks upon all as Commoners that have no Right to sit in the House of Peers Of an Earl none but the eldest Son is called Lord though all the Daughters be Ladies And as for the Issue of Vicounts and Barons none of their Sons is Lord nor of the Daughters Lady A Dukes eldest Son is called Lord Marquess and the younger Sons by their Christen-names with the Title of Lord prefixt as Lord William Lord Thomas c. A Marquesses eldest Son is called Lord of a Place and the younger Sons as those of a Duke that is by their Christen-names with the Title of Lord prefixt as Lord William Lord Thomas An Earl's eldest Son is born as a Viscount and called Lord of a Place In point of Precedency this is the Rule Af-the Princes of the Bloud the first amongst the Nobility are the Dukes and these are thus followed Viz. Dukes Marquesses Dukes eldest Sons Earls Marquesses eldest Sons Dukes younger Sons Vicounts Earls
the Fee He is free to consent to Marriage and may by Will dispose of Goods and Chattels At the Age of 15 he ought to be Sworn to his Allegiance to the King at 21 he is said to be of full Age. Then he is free to make any Contracts and to pass by Will both Goods and Lands which in other Countries may not be done till the Age of 25 called Annus Consistentiae A Daughter at the Age of 7 Years may consent to Marriage but at 12 she is free to retract or confirm it If she confirms it then the Marriage is good and she may make a Will of Goods and Chattels At 21 she may Contract or Alienate her Lands by Will or otherwise Servants in England are either tied to a certain Number of Years or only by the Year these being free to quit their Service at such a Warning as is agreed upon between the Master or the Mistris and the Servant By those that are tied to a certain Number of Years I mean Apprentices the usual Time for their Apprentiship being 7 Years This is the most Servile Condition in England considering the Lash they ly under together with their long and strict Confinement under Articles And whereas other Servants receive Wages for their Service these commonly do pay a Sum of Mony to their Masters for their Prenticeship The Condition of other Servants is much easier all over England For besides that few undergo the Hardship that Prentices do they may be free at the Years end giving 3 Months Warning and if a Servant do not like one Master he may go to another where perhaps he may find more favour or advantage But before a Person ventures upon such a Servant 't is civil first to get his former Masters Leave and prudential to have from him a testimony of his faithfulness and diligence Now there are so many Degrees of Serâ—ants in England that if some live meanly there are others who live genteely and some of these so splendidly as to keep Servants of their own In great Families where a Person of quality makes a proper Figure and has a sutable Attendance there is a necessary Subordination of Servants so that the Inferiour Servants may be at the beck of their Superiour Officers to answer the several parts of their respective Duties Thus a great Man lives like a Prince and Keeps a Court of his own In general it may be said no Country is more favourable than England to Servants who generally live here with more ease and less Subjection and have larger Salaries than any where else The truth is if we consider the nature of a Servant how by going to Service he devests himself of what is dearest to Mankind his Liberty and Subjects his Will to another who sometimes proves magget-headed cruel or tyrannical I think it but reasonable to have a tender Regard for good Servants For this amongst other Things was that great Man of Spain Cardinal Ximenes so noted in his time who proved so bountiful and so generous a Master to his Servants that History to this day does admire him for it As for stubborn and unruly Servants the Law of England gives Masters and Mistresses Power to correct them and Resistance in a Servant is punished with severe Penalty But for a Servant to Kill his Master or Mistris is so high a Crime that it is counted Petty Treason or a Crime next to High Treason Since Christianity prevailed here England admits of no forein Slaves In forein Plantations indeed the English as other Nations buy and sell Negro's as Slaves But a forein Slave brought over into England is upon Landing ipso facto free from Slavery though not from ordinary Service 'T is true there has been a sort of Tenure here called a Tenure in Villenage and the Tenant Villain who was in effect a Bond-man to the Lord of the Land For the Lord might take Redemption of him to marry his Daughter and to make him free He might put him out of his Lands and Tenements Goods and Chattels at his Will and might beat and chastise but not maim him Now such Villains are out of date though the Law concerning them stands unrepealed to this day Servorum Nativorum says Spelman apud nos sublata est Conditio quas ideo possidebant Terras vel Praedia hodie libere tenent sub antiquae Servitutis Consuetudinibus And Sir Edward Coke out of Fortescue has this Note Impius Crudelis judicandus qui Libertati non favet for which he gives this as the Reason of it Anglia Jura in omni Casu dant favorem Libertati the Laws of England in all Cases stand for Liberty The End of the Second Part. THE THIRD PART OF THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary CONTAINING A Description of the several Courts of Judicature Viz. The highest Court of Parliament Privy Council and all other Courts with a Catalogue of the present Officers in Church and State London Printed in the Year 1691. THE NEW STATE OF ENGLAND PART III. Of the Courts of Judicature CHAP. I. Of the Parliament of England THE High Court of Parliament being the Great Council of England the Supreme Court of Judicature and One of the most August Assemblies the World is the Court that I am to speak in the first place It came to be called Parliament from the French Parlement and this from their Verb Parler to speak or talk together The same is taken in a two-fold Sense First as it includes the Legislative Power of England as when we say an Act of Parliament In which Acceptation it includes the King Lords and Commons each of which have a Negative Voice in making Laws so that without their joynt Consent no Law can by either abrogated or made Secondly in a Vulgar Sense as when we say the King and Parliament or the King has called a Parliament by which is meant the Two Houses viz. the House of Lords and the House of Commons This Court is a Body Corporate consisting according to the first Acceptation of the Word of the Three Estates of the Realm And though the Name Parliament by which it is now called be not probably older than the Conquest by William Duke of Normandy yet 't is made plain by ancient Records and Precedents that the former Kings of England even in the Saxons-time had from time to time great National Councils much of the same nature as our Parliaments In the Saxons Time says Lambard the great Council of the Nation consisted of the King Lords and Commons It is most apparent says Prinn by all the old Precedents before the Conquest that all our ancienâ— Councils were nothing else but Parliaments called by different Names in several Ages till at lasâ— that of Parliament was fixed upon them and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usuall present and voted there as Members and Judge The same is averred
dissolved and can act no more without a new Power The usual Time for the House to receive the Reports is after the House is full And 't is commonly the first Thing they go then upon unless there be Bills Ingrossed which are to take place and publick Bills before private The Reporter must first acquaint the House That he is to make a Report from such a Committee to whom such a Bill was Committed Then standing in his place he reads each of the Amendments with the Coherence in the Bill opens withal the Alterations and shews the Reasons of the Committee for such Amendments until he has gone through all When that is done if his Seat be not next the Floor he must come from his Place to the Bar and so come up to the Table where he delivers both the Bill and Amendments to the Clerk to be read Whilst he stands by the Clerk the Clerk reads twice the Amendments only that are to be Inserted and then he delivers the Bill with the Amendments to the Speaker Whereupon any Member may speak against all or any of the Amendments and desire the Coherence to be read But he is to make all his Objections at once to all the Amendments without speaking again Note that in the House of Lords the Judges and other Assistants there of the long Robe are sometimes Joyned to the Lords Committees though they have no Voice in the House But whereas in the House they sit covered by the Leave of the Peers at a Committee they are always uncovered A Grand Committee called a Committee of the whole House is the House it self resolved into a freedom of Debate from the Rules of the House to the Nature of a Committee and therefore 't is commonly called a Committee of the whole House These Grand Committees are used when any great Business is in hand that requires much Debate as Bills to impose a Tax or raise Mony from the People Which Bills particularly do always begin in the House of Commons as their Representatives In these Committees every Member is free to speak to one Question as often as he shall see Cause which is not permitted in the House and to answer other Mens Reasons and Arguments So that it is a more open Way and such as leads most to the Truth the Proceeding more honourable and advantagious both to King and Parliament When the House inclines to resolve it self into a Committee it is done by a Question Which being carried in the Affirmative the Speaker leaves the Chair and thereupon the Committee makes choice of a Chair-man If a Dispute arises about the Choice the Speaker is called back to his Chair and after the Choice is cleared he leaves it The Chair-man sits in the Clerks Place at the Table and writes the Votes of the Committee the gathering whereof is according to the Rules of the House When the Committee has gone through the Matter in hand the Chair-man having read all the Votes puts the Question That the same be Reported to the House If that be Resolved he is to leave the Chair and the Speaker being called again to the Chair the Chair-man is to Report what has been resolved at the Committee standing in his usual Place From whence if it be not in the Seat next the Floor he is to go down to the Bar and so to bring up his Report to the Table In case the Committee cannot perfect the Business at that sitting Leave is to be asked That the Committee may Sit at another time on that Business But if the Matter has been throughly Debated and is judged fit to be Resolved in the House the Speaker is called to the Chair for that purpose In other Things the Proceedings are the same as in the House And so much for the Committees I proceed now to the Manner of Adjourning Proroguing or Dissolving the Parliament which is done at the Kings Pleasure and that in the House of Lords with the same Appearance and Solemnity as I have already described An Adjournment and Prorogation are to some convenient time appointed by the King himself but with this Difference that an Adjournment do's not conclude the Session which a Prorogation do's So that by an Adjournment all Things debated in both Houses remain in statu quo and at the next Meeting may be brought to an Issue Whereas a Prorogation makes a Session and then such Bills as passed either House or both Houses and had not the Royal Assent must at the next Assembly begin anew before they can be brought to perfection Upon an Adjournment or Prorogation the King do's usually make a Speech to both Houses of Parliament And he ought to be there in Person or by Representation as on the Day of their first sitting Now the Kings Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin adjourn prorogue c. But 't is Observable that each House has also a Power to Adjourn themselves which when they do 't is at the most but for a few Days A Dissolution is that whereby the House of Commons becomes Vacant in order to a new Election Now a Parliament may be Dissolved by the King at any time whether they be actually sitting or not But if a Parliament do sit and be Dissolved without any Act of Parliament passed or Judgment given 't is no Session of Parliament but a Convention The King being the Head of the Parliament if his Death happens when there is a Parliament 't is ipso facto Dissolved 'T was a Custom of old after every Session of Parliament for the Sheriff to Proclaim by the Kings Command the several Acts passed in that Session that none might pretend Ignorance And yet without that Proclamation the Law supposes every one has noticeby his Representative of what is transacted in Parliament But that Custom has been laid aside since Printing came to be of common Use The Parliament ought to sit by Law at least once in three Years Thus I have laid open the Supream Court of England which without the Kings Concurrence can legally do nothing that 's binding to the Nation but with it can do any thing For whatever is done by this Consent is called firm stable and sanctum and is taken for Law Thus the King and Parliament may abrogate old Laws and make new settle the Succession to the Crown Define of doubtful Rights whereof no Law is made Appoint Taxes and Subsidies Establish Forms of Religion Naturalize Aliens Legitimate Bastards Adjudge an Infant or Minor to be of full Age Attaint a Man of Treason after his Death Condemn or Absolve them who are put upon their Trial Give the most free Pardons Restore in Bloud and Name c. And the Consent of the Parliament is taken to be the Consent of every Englishman being there present in Person or by Procuration King John having resigned up the Crown of England to the Pope and
of the House or to speak irreverently of the Court of Parliament in Time of Parliament several have been sent for by the Sergeant to answer it to the House and Committed Dec. 1641. it was Resolved that the setting of any Gards about this House without the Consent of the House is a Breach of the Priviledge of this House and that therefore such Gards ought to be dismissed Which Resolve was followed by three others Nemine Contradicente The first that the Priviledges of Parliament were broken by his Majesties taking notice of the Bill for suppressing of Souldiers being in agitation in both Houses and not agreed on The second that his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to Him by the Consent of both Houses was a Breach of the Priviledge of Parliament The third that His Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Priviledge of Parliament And whereas in January following the King did come to the House of Commons in a warlike manner with armed Men some posted at the very Door of the House and others in other Places and Passages near it to the Disturbance of the Members then fitting and treating in a peaceable and orderly manner of the great Affairs of the Kingdoms of England and Ireland and His Majesty having placed himself in the Speakers Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House that the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit there any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Gard wherein they might conside Lastly both Houses of Parliament are the proper Judges of their respective Priviledges and the inferiour Courts have nothing to do with it CHAP. II. Of the King's Privy Council NEXT to the Court of Parliament which is the great Wheel that gives motion to the rest is the Kings Privy Council A Court of great Honour and Antiquity Incorporated as it were to the King Himself and bearing part of his Cares in the great Bufiness of the Government Insomuch that upon their Wisdom Care and Watchfulness depends the Honour and Welfare of His Majesties Dominions in all Parts of the World For according to their Oath they are chiefly to Advise the King upon all Emergencies to the best of their Judgment with all the Fidelity and Secrecy that becomes their Station And as the King has the sole Nomination of them so 't is his main Interest to make choice of such eminent Persons as are best able with their Wisdom Experience and Integrity to â—nswer those great Ends they are appointed for They ought to be Persons of several Capacities that nothing be wanting for good Counsel and Advice in a Court from whence in a great measure depends the Safety Honour and Welfare of the King and Kingdom Generally they are pickt out amongst the Nobility and for Things that relate to Church Affairs the Arch-bishop of Canterbury and the Bishop of London use to be Members thereof In the late Kings Reign not only Popish Lords were admitted contrary to Law but in defiance as it were of the Nation a Traytor by the Law and the worst of Counsellours a mercurial hot-headed Jesuit whose pernicious Counsels and Influences proved accordingly fatal to King James and all the Popish Party As for the Number of Privy Counsellours 't is at His Majesties pleasure Anciently they used to be but twelve or thereabouts but since their Number has increased sometimes to forty The Privy Council is kept in the Kings Court or Pallace and the King himself do's commonly sit with them The usual Days for their sitting is Wednesdays and Fridays in the Morning out of Parliament or Term-time and in the Afternoon in Parliament or Term-time But upon extraordinary Occasions the King calls them together at any time Accordingly they wait on His Majesty in the Council-Chamber and fit at the Council Board in their Order bare-headed when the King presides To whom His Majesty declares what He thinks fit and desires their Advice in it At all Debates the lowest Counsellour delivers his Opinion first that so he may be the more free and the King last of all by declaring his Judgment determines the Matter 'T is with the Advice of the Privy Council that the King puts out Proclamations Orders and Declarations which being grounded upon Statute or Common Law are binding to the subject And upon any sudden Emergency â—herein the publick Safety may be Indangered â—or want of speedy Redress the King and Council may take a latitude of Power sutable 〈◊〉 the Occasion Formerly the Council heard and determiâ—ed Causes between Party and Party But of â—te lest private Causes should hinder the Publick they seldom meddle with them but leave â—em to the Kings Courts of Justice There are two distinct and important Offices â—longing to this Court. The first is the Lord Presidents who is one of the Nine Great officers of the Crown He is called Lord Preâ—â—dent of the Privy Council because by his office he is in a manner the Director of it â—Tis he that reports to the King when His â—ajesty has been absent from the Council the â—ate of the Businesses transacted there The other Great Office is that of Secretary â—mmonly called a Secretary of State which â—rmerly was single till about the end of Henry III. his Reign Who considering the Imâ—rtance of this great and weighty Office â—ought fit to have it discharged by two Perâ—â—ns of equal Authority and therefore both â—ed Principal Secretaries of State In those Days and some while after says 〈◊〉 Chamberlain they sat not at Council-board 〈◊〉 having prepared their Business in a Room joyning to the Council-Chamber they came 〈◊〉 and stood on either hand of the King â—d nothing was debated at the Table until 〈◊〉 Secretaries had gone through with their Proposals Which Method afterwards was altered in Q. Elizabeths Reign who seldom coming to Council ordered the two Secretaries to take their places as Privy Counsellours which has continued ever since And a Council is seldom or never held without the presence of one of them at the least Besides the publick Concerns of the Nation most of which pass through their hands they are also concerned with Grants Pardons Dispensations c. relating to private Persons For in their hands are lodged most of the Subjects Requests to be represented to the King whereupon they make Dispatches according to His Majesties Directions In short so great is their Trust and their Imployment of that great latitude that it requires their
presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original
manner of Ways 1. by â—oods and Chattels 2. by the Body Pledges â—â—d Mainprise 3. by the Body only This â—ourt is kept every 40 Days Pie-powder Court is a Court held in Fairs to yield Justice to Buyers and Sellers and for Redress of all Disorders committed in them These Courts are so called from the French Pie a foot and poudreux dusty the Fairs being kept most usually in Summer to which the Country people use to come with dusty feet A Pie-powder Court is held de hora in horam every hour and such is the Dispatch made here that Justice ought to be summarily administred within three ebbing and three flowing of the Sea CHAP. XII Of the Ecclesiastical Courts and first of the Convocation TO consult of Church-Matters and make Ecclesiastical Laws now and then the Convocation meets and that in time of Parliament Which Convocation is a National Synod or general Assembly of the Clergy convoked after this manner Some time before the Parliament sits the King by the Advice of his Privy Council sends his Writ to the Arch-bishop of each Province for Summoning all Bishops Deans Arch-Deacons c. assigning them the Time and Place in the said Writ Upon which the Arch-Bishop of Canterbury directs his Letters authentically sealed to the Bishop of London as his Dean Provincial wherein he cites him peremptorily and willeth him to cite in like manner all the Bishops Deans Arch-Deacons Gathedral and Collegiate Churches and all the Clergy of his Province to the Place and Day prefixt in the Writ But he directeth withal that one Proctor be sent for every Cathedral or Collegiate Church and two for the Body of the Inferiour Clergy of each Diocese All which the Bishop of London takes accordingly care of willing the Parties concerned person 〈◊〉 to appear and in the mean time to cerâ—ify to the Arch-Bishop the Names of every one so warned in a Schedule annexed to the Letter Certificatory Upon which the other Bishops of the Province proceed the Cathedral and Collegiate Churches and the inferiour Clergy of each Diocese make choice of their Proctors Which done and certified to the Bishop of London he returneth all at the Day And the same Method is used in the Province of York The Chappel of Henry VII annexed to Westminster Abbey is the usual Place where the Convocation of the Clergy in the Province of Canterbury meets Whilst the Arch-Bishop of York holds at York a Convocation of all his Province in like manner Thus by constant Correspondence these two Provinces tho so â—r distant from each other do debate and â—onclude of the same Matters The Convocation is like the Parliament disided into two Houses the higher and the â—wer And all Members have by Statute the â—â—me Priviledges for themselves and menial â—ervants as the Members of Parliament have The higher House in the Province of Canterbury which is by much the larger of the two consists of 22 Bishops whereof the Arch-Bishop is President Who sits in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes and Hoods the Arch-Bishops Hoods furred with Ermin and the Bishops with Minever The lower House consists of all the Deans Arch-deacons one Proctor for every Chapter and two Proctors for all the Clergy of the Diocese Which make in all 166 Persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan Clergy The first Business of each House upon their Meeting is to chuse each a Prolocutor or Speaker The Prolocutor of the lower House being chosen he is presented to the upper House by two of the Members whereof one makes a Speech and the elect Person another both in Latine To which the Arch Bishop answers in Latine and in the Name of all the Lords approves of the Person The Matters debated by both Houses are only such as the King by Commission do'â— expresly allow viz. Church and Religion Matters first proposed in the Upper and thâ—â— communicated to the Lower House And the major Vote in each House prevails Sometimes there have been Royal Aids granted to the King by the Clergy in Convocation Anciently this Assembly might without 〈◊〉 now with the Royal Assent make Canon touching Religion binding not only them selves but all the Laity without Consent oâ— Ratification of the Lords and Commons iâ— Parliament Neither did the Parliament meddle in the making of Canons or in Doctrinal Matters till the Civil Wars in the Reign of Charles I. Only when thereto required they by their Civil Sanctions did confirm the Results and Consultations of the Clergy whereby the People might be the more easily induced to obey the Ordinances of their Spiritual Governours To conclude the Laws and Constitutions whereby the Church of England is governed are first general Canons made by general Councils with the Opinion of the orthodox Fathers and the grave Decrees of several holy Bishops of Rome which have been admitted from time to time by the Kings of England Then our own Constitutions made anciently in several Provincial Synods both by the Popes Legates Otho and Othobon and by several Arch-Bishops of Canterbury all which are of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Next to those Constitutions this Church is also governed by Canons made in Convocations of latter times as in the first Year of the Reign of King James I and confirmed by his Authority Also by some Statutes of Parliament â—ouching Church-Affairs and by divers Immeâ—orial Customs But where all these fail the Civil Law takes place CHAP. XIII Of the Court of Arches the Court of Audience the Prerogative-Court the Court of Delegates the Court of Peculiars c. FROM the Church Legislative I come to the Executive Power for which there have been several Courts provided Amongst which is the Court of Arches the chief and most ancient Consistory that belongeth to the Arch-Bishop of Canterbury for the debating of Spiritual Causes So called from the arched Church and Tower of S. Mary le Bow in Cheapside London where this Court is wont to be held The Judge whereof is called Dean of the Arches or the Official of the Court of Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of 13 Parishes in London termed a Deanry being exempt from the Bishop of Londons Jurisdiction and belonging to the Arch-Bishop of Canterbury All Appeals in Church-Matters within the Province of Canterbury are directed to this Court. In which the Judge sits alone without Assessors hearing and determining all Causes without any Jury The Advocates allowed to plead in this Court are all to be Doctors of the Civil Law Who upon their Petition to the Arch-Bishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court but must not practise the first Year Both the Judge and the Advocates always wear their Scarlet Robes with
HONI SOIT QVI MAL Y PENSE XXX RR IE MAINTIENDRAI THE NEW STATE OF ENGLAND BRITANNIA I Sturt Sculp in ye Old Change THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary In THREE PARTS CONTAINING I. A Geographical Description of England in General and of every County in Particular with Usefull and Curious Remarks II. An Account of the Inhabitants their Original Genius Customs Laws Religion and Government of Their Present Majesties Their Court Power Revenues c. III. A Description of the several Courts of Judicature Viz. the High Court of Parliament Privy Council and all other Courts With a Catalogue of the present Officers in Church and State By G. M. LONDON Printed by H.C. for Ionathan Robinson at the Golden Lion in St. Paul's Church-yard 1691. To the Most Honourable THOMAS Marquess of CAERMARTHEN Earl of DANBY Viscount LATIMER Baron OSBORN OF KIVETON Lord President of His Majesties Most Honourable PRIVY-COUNCIL And Knight of the most Noble Order of the Garter This New State of England is humbly Dedicated by the Author TO THE READER 'T IS the late Revolution that has given birth to this new Piece of Work a New Face of Things required a New State of England And of all the Changes this Kingdom has gone through as this was the most sudden so it is the most wonderfull To see Popery in so few days crowing upon the Throne and groaning under its Ruins but t'other day upon the Pinnacle and now stunned with its sudden Fall is such a Change as may deserve the Admiration of this and future Ages In short such is our present Settlement upon Their Majesties happy Accession to the Crown that the Popish Party may assoon see a Protestant Pope of Rome as a Popish King of England Now to make this Work the more acceptable and usefull to the Publick I have divided it into three several Parts In the First you have a particular Description of ENGLAND in its several Counties of every County-Town with the Distance and the common Road to it from London the Metropolis and of all other Places of note in each County Here you have particularly a List of the Market-Towns in every Shire with the Days pointed when their Markets are kept also an account of most other Remarkable Things either of Nature or Art Besides the Honours or Noblemens Titles from Counties Cities Towns Mannors c. And the Number of Men each City or Borough sends to serve in Parliament I conclude this Part with a particular Description of London Oxford and Camidge London as the Capital City of England the Seat of its Monarchs and the Center of Trade Oxford and Cambridge as being the two famous Vniversities of the Land and the glorious Seats of the Muses The Second Part treats of the INHABITANTS of England their Complexion Temper Genius Language c. Of the English Way of Living Commerce Laws Religion and Government Of the King of England and the Royal Family particularly of the present King WILLIAM and Queen MARY with a brief Relation of their Accession to the Crown and the Vnreasonableness of the Disaffected Party under their Government Of Their Majesties Court Forces and Revenues Of the Queen Dowager the Prince and the Princess of Denmark Of the Nobility Gentry and Commonalty Of the Episcopal Dignify'd and Inferiour Clergy And lastly of Women Children and Servants All of them with their respective Priviledges The Third and last Part is about the COURTS of JUDICATURE Viz. The High Court of Parliament with a large Account of their Proceedings Orders Debates Passing of Bills and Acts c. Of the Privy-Council and there particularly of the Principal Secretaries of State Of the Chancery Kings-Bench Common Pleas Exchequer Dutchy of Lancaster and all other Courts To which is annexed a Catalogue of the chief Persons of the Realm both in Church and State Magistrates and Officers Civil and Military Who being subject to Change though the Offices continue the same I thought it improper to mix Certainties and Vncertainties together Therefore I chose rather to place the Officers together by themselves as I have done here than to have them dispersed where I speak of their Offices And from this Method you will reap this Conveniency that by Interleaving of the Catalogue only you may fill up Vacancies as they become void Thus you have as it were a Scheme of the whole Drift of this Book The Foundation whereof is that Ingenious Piece De Republica Anglorum written in Latin by Sir Thomas Smith Improved as you see and fitted to the present Times The Matter of it self is of a general Vse both for English and Foreiners and the Variety so great that it cannot but be Pleasant and Vsefull to the Reader THE TABLE For the First PART This Table contains the Names of the Towns and Cities Hills Islands Meers and Rivers and other Curiosities mentioned in the first Part of this Book And for such as desire only to know what County any of them lies in the Table it self will give them that Satisfaction without any further Trouble it being so contrived that it is in a manner a Geographical Dictionary for England A ABberforth in Yorks 259 Abbey-holm in Cumb 49 Abbey of Westminster 317 Abbots-bury in Dors 67 Abergavenny in Mon. 148 149 Advantages of England 7 Agmundesham in Buck. 30 Ailesbury in Buck. 30 31 Air of England 13 Alborough in Suffolk 204 208 Aldborough in Yorks 273 Aldermen of London 324 Alford in Lincolns 136 140 Alfreton in Derbysh 57 Alisford in Hampsh 95 Almondbury in Yorks 264 Alnewick in Northumb 168 170 Alney-Isle in Gloc. 87 Alston-Moor in Cumb. 49 Altrincham in Chesh 39 Ambleside in Westm 238 Amersbury in Wilts 246 247 Ampthill in Bedf. 27 28 Andover in Hamps 95 96 Antiquity of Oxf. and Cambr. 350 Appleby in Westm 238 Appledore in Kent 112 Are a Yorks River 256 Arrow a River of Heref. 103 Artillery Company in London 329 Arun a Sussex River 224 Arundel in Sussex 225 227 Ashbourn in Derbysh 57 Ashburton in Devonsh 61 Ashby in Leicest 131 Ashford in Kent 112 Aspley in Bedf. 28 Atherston in Warw. 234 235 Attlebury in Norf. 153 Auburn in Wiltsh 246 Aukland in the Bishoprick of Durham 76 77 Aulcester in Warw. 234 Avon the Name of several Rivers 85 92 c. Axebridge in Somers 192 194 Axholm an Isle in Lincolns 139 Axminster in Dev. 61 B BAkewell in Derbysh 57 Baldock in Hartf 100 Bampton in Oxf. 178 179 Banbury in Oxf. 178 179 Banquetting House at Whitehall 316 Barkin in Essex 81 BARKSHIRE 22 Barnesly in Yorks 259 Barnet in Hartf 100 102 Barnstaple in Dev. 61 63 Barnwel in Linc. 136 Barristers in Lond. 304 Barton in Linc. 136 139 Barwick in Northumb. 168 Basingstoke in Hamps 95 96 Bath in Somers 189 Battel in Sussex 225 228 Battersea in Surrey 221 Bautrey in Yorks 259 Beaconfield in Buck. 30 32 Beckles in Suffolk 204 209 Bedal in Yorks 273 Bedford 26
large Town seated upon two Rivers the Skerne and a Rivulet that runs there into it Over the first which falls within 2 miles into the Tees it has a fair Stone-Bridge Not far from hence at Oxenhall are 3 Pits called Hell-Kettles of a wonderful depth supposed to come of an Earthquake that hapned in the Year 1179. 'T is said of Bishop Tunstall of this Diocese that he took a Goose which he markt and put into one of the Pits and the same Goose was found afterwards in the River Tees Bernard Castle is seated in a Bottom on the River Tees and adjoyning to Marwood Park 'T is but an indifferent Town and of chief note for Stockings here made Bishop Aukland is pleasantly seated on the side of a Hill between the Ware over which it has a Bridge and a Rivulet that runs into it This is a neat Town and noted for its good Air. But that which adds much to its Reputation is its stately Castle the Bishops Summer Pallace beautifully repaired by Dr. Cosins the late Bishop of Durham and a fine Chappel raised by the same Bishop from its Ruins Sunderland is a Sea-Town on the Mouth of the River Ware Called Sunderland because by the Working of the Sea it is in a manner pulled from the rest of the Land it being at high Water invironed on all sides with the Sea This is a noted Place for its Sea-Coal Trade but chiefly for giving the Title of Earl first to Emanuel Lord Scrope of Bolton and Lord President of the North created Earl of Sunderland by King Charles I. Anno 1627. Upon whose Death without lawful Issue the Title was bestowed by the same King upon Henry Lord Spencer of Wormleighton in the Year 1643. Who being slain the same Year at the first Newberry Fight the Title fell to Robert his Son and Heir the present Earl of Sunderland Stainthorp or Staindrop ly's but 5 miles East-North-East from Bernard Castle among Parks and on a Rivulet that runs from thence into the Tees And not far from it is another Castle called Raby-Castle which King Canute gave to the Church of Durham with the Lands about it But besides the said Market-Towns here is in the South-East Parts Stockton and Billingham noted for their strong Ale And further Northward Hartlepool that stands upon a Neck of Land shooting forth into the Sea which surrounds it on all sides except Westward On the Mouth of the River Tine you will find Sheals where the New-Castle Coal-Fleet takes its Cargo A little higher stands Jarrow noted for being the Birth place of the Venerable Beda And over against Newcastle Gateshead or Gateside the Receptacle of those numerous Men that work in the Coal-pits Men that rake their mean Subsistence from the very Bowels of the Earth This County was formerly called St. Cuthberts Patrimony from S. Cuthbert the Raiser of Durham whose Episcopal See was removed hither from Lindisfarn or Holy Island on the Coast of Northumberland A Saint for whom several of the Saxon Kings and after them Canute the Dane had so great a Veneration that upon him and his Successors in that See was all the Country between Tees and Tine conferred by Alfred King of England Which his Donation was confirmed and in part increased by his Successors Edward Athelstan and Canute the Dane So fortified it was with Priviledges and Royal Grants that at the coming in of the Norman Conquerour the Bishop was reputed for a Count Palatine and did ingrave upon his Seal an armed Knight holding a naked Sword in one hand and in the other the Bishops Arms. Nay it was once adjudged in Law that the Bishop was to have all Forfeitures and Escheats within the Liberties as the King had without In short the Bishops hereof had the Royalty of Princes having their own Courts of Judicature both for Civil and Criminal Causes and covning their own Coin But these exorbitant Priviledges and Immunities were in part impaired by a Statute under Henry VIII and altogether with the Lands and whole Rights thereof conferred upon the Crown by Act of Parliament in the last Year of the Reign of Edward VI. To conclude when England was divided into seven Kingdoms this County was Part of that of Northumberland And the Inhabitants of it as well as those of most part of the North besides were called Brigantes by the ancient â—omans Out of it are elected besides the two Knights of the Shire but two Members to serve in Parliament for which Durham has the Right of Election Essex ESSEX another Maritime County has for its Bounds Eastward the German Ocean Westward Hartfordshire and Middlesex Northward the County of Suffolk and Southward the County of Kent This is a pretty large County being in Length about 45 miles in Breadth 36. The Whole divided into 20 Hundreds wherein 45 Parishes and 21 Market-Towns The same is abundantly irrigated both with great and small Rivers For besides the Thames which severs it from Kent the Stower from Suffolk and the Lea from Middlesex here is the Coln the Chelmer the Crouch and the Roding with several others in all which are great plenty of Fish Here the Air is very Temperate but down in the Hundreds towards the Sea-side it is very Aguish The Soil for the most part is good and in some Parts so fruitful that according to the Author of Englands Remarqnes after 3 Years Glebe of Saffron the Land for 18 years more will yield plenty of Barley without any Manuring with Dung or the like and then bear Saffron again One Acre of this Ground which is most in the North Part of the County will yield 80 or 100 weight of moist Saffron in a Year which being dried is valued 2. pound sterling It s chief Commodities besides Saffron as aforesaid are Cloths Stuffs Hops and the best of Oysters Colchester the chief Place of it bears from London North-East and is distant from it 43 miles by common Computation Viz. 10 from London to Rumford 5 more to Burntwood 10 from thence to Chelmsford and to Colchester 18 more A Town of great Antiquity and built as some Authors write by Coilus the British Prince 124 years after Christ's Birth But yet more Remarkable for giving birth to â—ucius Helena and Constantine the first Christian King Empress and Emperour in the World Seated it is upon the Rise of a Hill stretching it self from East to West and watered by the River Coln from whence probably it came to be called Colchester And as it is but 6 miles distant from the Sea so its Situation must needs be upon all accounts both pleasant and commodious 'T is a fair and well-built Town fortiâ—â—ed with an old Roman Wall and having six Gates of entrance besides 3 Posterns Towards the East stands an old Castle within the Ruins of a Trench containing about two Acres In short there were in it 14 Parish Churches several of which are now reduced to ruin But it is still a Place of good
Division stands on both sides of the River Witham within few Miles of its fall into the Sea This is a considerable Town of good Antiquity and a Place of Trade well inhabited and resorted unto Over the River it has a very fair high wooden Bridge It s Market Place is fair and spacious And the Church of special Note for its fine-built Tower exalted to that height as to serve as a Land-mark to Mariners Kirkton is situate on a sandy Ground rising in that flat Country A Town so called from its Church which is a fair Structure built Cathedral like in the form of a Cross with a broad Steeple in the middle Of some note besides for its excellent Pippins But there is another Kirkton in Lindsey Crowland ly's some Miles East of Market-Deeping and upon the same River which is the Weland A Town seated so low among Fenâ— and miry Ground that there is no coming to it but by the North and East side and that by narrow Causeways not admitting oâ— Carts Hence came the Proverb that 〈◊〉 the Carts that come to Crowland are shod wiâ—â— Silver It consists of 3 Streets severed each from other not unlike Venice by Water-Courses running between and on the Banks which are raised up and preserved by Piles are set Willow-Trees Their Cattel are kept a good distance from the Town and when they go to milk their Cows they go in small Skerries or Boats Here they take in the Pools or watery Places a world of Fish and Fowl of which they make good profit In short the Ground about this Town is so very rotten that one may thrust a Pole in to it 30 foot And in a Place called Hollanâ— there it is so wet that as one stands upoâ— it the Earth will shake under his Feet anâ— he will be ready to sink into it Here are alâ— many Quick-sands which have a wonderful force both to draw to them and to holâ— fast whatever they draw Spalding a pretty Town and a Place oâ— good Trade stands also on the Weland buâ— nearer its Influx into the Ocean some mileâ— North of Crowland That is not far from the Washes the neighbouring Sea so calleâ— for its frequent Inundations in these Parts Dunington also situate in a Flat and waterish like Spalding is a considerable Place foâ— the great quantities of Hemp and Provisionâ— here sold To conclude this County which now is in the Diocese of Lincoln was part of the â—ncient Kingdom of Mercia in the Time of the Heptarchy and its Inhabitants part of the Coritani in the Time of the Romans Out of it are chosen besides the two Knights of the Shire ten Members of Parâ—iament Viz. Two out of each of these following Towns Lincoln Stamford Grantham Boston and Grimsby CHAP. XII Of Middlesex Monmouthshire Norfolk and Northamptonshire Middlesex MIDDLESEX a small Inland County is bounded on the East with Essex from which 't is parted by the River Lea on the West with Buckinghamshire from which 't is severed by the Coln and the Shire-Ditch on the North with Hartfordshire and on the South with the Thames which parts it from Surrey and Kent Called Middlesex from its Situation as lying between the East-Angles and the West-Saxons It contains in Length from East to West about 24 miles in Breadth from North to to South 18. The Whole divided into seven Hundreds wherein 203 Parishes and 6 Market-Towns For Sweetness of Air or Fruitfulness of Soil this County may compare with any Shire iâ— England From the Hills that are about it as Hampsted Highgate Harrow-Hill c. thâ— Prospect of the whole is seen in this not unlikâ— to Zoar in Egypt London the chief Place hereof but withal the Metropolis and the Glory of the Kingdom is too great to be crowded here withiâ— the narrow Compass of these short Descriptions Therefore I refer you to the Conclusion of this Part and so proceed to The Market-Towns besides London and Westminster Brentford Tue. Stanes Frid. Vxbridge Thu. Edgeware Thu. Brentford in the Western Road 7 or 8 mileâ— from London is divided into Old and New Brentford both so called from Brent a smalâ— River that falls here into the Thames Oâ— most renown in former times for the gooâ— Success Edmund Ironside King of England haâ— here against the Danes Anno 1016 which comâ— pelled them to raise the Siege of London Noâ— of most note for being the Thorough-fare bâ— twixt London and the Western Countries thâ— Passage up and down by Water for the eaâ— of Travellers and a well frequented Market Once dignify'd with the Title of an Earldoâ— in the person of Patrick Ruthen Earl of Forâ— in Scotland Created Earl of Brentford by Kinâ— Charles I. Anno 1644. Stanes upon the Thames is a large weâ— inhabited and frequented Town It lies oâ— the West Road of England and has a Bridgâ— over the River that leads into Surrey Vxbridge is another good Town that lies North of Stanes on the River Coln which parts as I said before this County from Buckinghamshire And as it is seated in the high Road from London to Oxford so it is well accommodated with Inns and Houses of Intertainment As for Edgeware 't is but a small Town But besides these four Market-Towns the flourishing City of London has such an Influence over all its Neighbourhood that it swarms all over with pretty Towns not only in Middlesex but even in Surrey In Middlesex as Islington Highgate Hampsted Chelsey Kensington Fulham Hamersmith Thistleworth Hounslow c. most of them graced with the Seats of divers Noblemen Gentlemen and Citizens Among which Kensington of late has the honour of injoying some part of the Year Their Majesties Presence as Hamersmith the Queen Dowager's Hounslow famous for its adjoyning Heath and the notable Incampments made there in the late Reign in order to bring in Popery But as Providence was pleased to order it the Thames swallowed the Tiber and the cold Northern Heresy proved too hard for the hot-headed Jesuit Besides Kensington-House here are in this County no less than five Royal Houses viz. Whitehall and S. James in Westminster hampton-Hampton-Court Enfield and Hanworth Lastly this County which formerly was Part of the Kingdom of the East-Saxons and its Inhabitants part of the Trinobantes as the Romans called them is now in the Diocese of London Out of it are elected besides the two Knights of the Shire six Members of Parliament viz. 4 out of London and 2 out of Westminster As for honourary Titles I know not by what popular Errour the Citizens of London reckoned the Lord Mayor elect for Earl of Middlesex But whatever Ground it had now it has none to stand on since that Title was bestowed first on Lionel Lord Cranfield Lord Treasurer of England created Earl of Middlesex by King James I. Anno 1622. Which continued in his Son James and died with Lionel Brother of James But in the Year 1675. it was revived by King Charles II. in the person
Kings and then a Place of larger extent than now it is Near the River stand the broken Walls of an old large Castle and in the midst of the Town is a Church the West-end whereof made of arched Work and imbowed over Head seems to be very ancient In short the Town is beautifull well frequented and full of fair Inns. It contains 3 Parish Churches and its Market which is on Saturdays iis well served with Corn and other Provisions As for honourary Titles the first that had any from hence was Elizabeth Viscountels of Kynelmalky in Ireland Created Countess of Guilford during life by Charles II. Anno 1660. Then in the Year 1671. the same King conferred the Title of Earl of Guilford upon John Maitland the late Duke of Lauderdale in Scotland And after them Francis North Lord Keeper of the Great Seal was advanced to the Peerage by being made Lord Guilford The other Market-Towns are Southwark Sat. Kingston Sat. Croydon Sat. Reygate Tue. Darking Thu. Farnham Thu. Ewel Southwark commonly pronounced Suthrick stands opposite to the City of London on the Banks of the Thames A Place which for number of Buildings and Inhabitants goes beyond most of the Cities in England But for its Streets and Buildings they are but ordinary except the broad Street which leads from the Bridge to St. George's Church A Street beautified with fair Buildings raised from the Ashes of frequent Conflagrations this Place has been afflicted with And here the Inhabitants drive a considerable Trade with the whole County this being the most convenient Place for the Surrey Carriers that come up for whose Accommodation here is Multitude of Inns. The principal Church here is that of St. Mary over Rey formerly a Priory of the B. Virgin Next to which is St. George's Church Here is also a famous Hospital called St. Thomas's Hospital founded by the Citizens of London for the Relief of impotent Persons The King's Bench and the Marshalsea are two other noted Places and but too well known to many To which add the Bear-Garden where Prizes are fought and the common People diverted with the Fighting of Dogs with Bears and Bulls In short though this Place be counted Part of London and under the Lord Mayor's Jurisdiction yet it does still injoy several of its ancient Priviledges peculiar to it self as holding of Courts within themselves and electing of Members of Parliament c. And because it lies in Surrey as London does in Middlesex I thought it not improper to bring iâ— into this List Kingston is situate ten Miles South-West from London on the Banks of the Thames over which it has a Bridge leading into Middlesex A Town heretofore famous for the Coronation of the Monarchs of the English Saxons whence it had the Name of Kingston or Kings Town whereas before it went by the Name of Moreford And for Distinctions-sake 't is called Kingston upon the Thames to difference it from Kingston upon Hull in Yorkshire A Place in former times well known for its Castle belonging to the Clares Earls of Glocester And as for its present State 't is yet a goodly Town well accommodated with Inns for the Reception of Strangers and of late something advantaged by the King's Residence in Summer at Hampton-Court in its Neighbourhood as it is by the County-Assizes which are frequently held here Croydon is a long Town ten miles South from London Seated near the Spring-head of the Wandle which falls into the Thames at Wandsworth and in a manner begirt with Hills well cloathed with Wood affording good Game to the Hunter and furnishing London with great store of Charcoal This Town has but few good Buildings the Houses in it being for the most part but mean and ordinary But it has the advantage of being graced with a fine large Church set out with a lofty Steeple and with a Summer-Pallace of the Lord Archbishop of Canterbury Accommodated besides with an Hospital for the Relief of the Poor and a Free School for the Education of Youth From this Town to Farnham runs the Downs called Banstead Downs so noted for Hawking Hunting and Horse-racing And near the Town is a Bourn or Stream the Rising whereof has been sometimes observed to have been a Fore runner of some publick Calamity Reygate a good large Town is seated in the Vale called Holmes Dale and is now of chief note for the great plenty of excellent Fullers Earth which is digged up in its Neighbourhood Here is an ancient but ruinated Castle with a long Vault under Ground and a large Room at the end of it where if the Story be true the Barons met in Council in their War against King John Near this Town several Battels have been fought against the Danes which proved fatal to them Darking is situate on a Branch of the River Mole Where at the foot of White-Hill on which grow plenty of Box-trees the said River runs under Ground for above a Mile and rises again near Norbury The Place where it falls in is therefore called the Swallow Farnham seems to take its Name from the great Store of Fern that grows in its Neighbourhood It ly's on the edge of Surrey towards Hampshire watered by the River Wey and graced with an Episcopal Seat the usual Residence of the Bishops of Winchester Here King Alfred with a small Power had the good fortune to overcome the Danes of whom he made a great slaughter As for Ewel all I have to say is that it is but very mean and inconsiderable Other Places of Note in this County Richmond among the rest deserves the precedency A fair large and well built Town seatupon an easy ascent on the Banks of the Thames Whose pleasant and healthfull Situation has invited so many of the Gentry to be its Inhabitants Here King Henry VII built a stately Pallace which with Nonsuch and Otelands two other â—oyal Pallaces in this County has felt the sad effects of the Civil Wars in the Reign of Charles I. Here died several of the dearest Princes that ever England had Viz. King Edward III the Conquerour of France the beautifull Ann Wife to King Richard the Second and Daughter to the Emperour Charles the fourth the most wise Prince Henry the Seventh and the Wonder of her Sex the famous Queen Elizabeth Lambeth situate opposite to Westminster is a large Parish of chief note for being the Residence of the Lord Archbishop of Canterbury where he has a fine Pallace And though it is counted unwholsom to live in yet it is well inhabited and the Skirts of it graced with many Gentlemens and Citizens Houses Here Canute the last Danish King ended his Days among his Cups From Lambeth Westward you will find along the River Battersea Putney Moreclack three goodly Towns and at some distance from the River Newington Clapham and Wandesworth This last on the River Wandle which drives several Mills imploy'd by Londoners and of late much improved by the French Protestants that have
Sir Thomas Pilkington was chosen in his room In whose Person the Chance is turned almost quite contrary For if he do's outlive the Time appointed for his Mayoralty by his late Re-election instead of being Mayor but one Year according to the usual Course his Mayoralty will reach near two Years and a half Next to the Lord Mayor there are 26 Aldermen A Recorder Two Sheriffs A Chamberlain Besides the Vnder-Sheriffs the Town-Clerk or Common Clerk and a Remembrancer these two last being both Esquires by their Places The 26 Aldermen preside over the 26 Wards of the City a peculiar Alderman being assigned to every Ward Who has under him a certain Number of Common-Council-Men and one of them his Deputy besides Constables Scavengers Beadles c. Now the Aldermen who have been Lord Mayors and the three eldest Aldermen that have not yet arrived to that honourable estate are by the City-Charter Justices of Peace of the City Upon the Death of an Alderman the Lord Mayor issues out his Precept to the Ward whereof he was Alderman to chuse two substantial Men of the City and return their Names to the Court of Aldermen Which being done the Lord Mayor and Court of Aldermen select one of the two such as they judge fittest for that Station The Recorder is usually a grave and learned Lawyer well versed in the Laws and Customs of the City and in that Capacity is an Assistant to the Lord Mayor He takes his place in Councils and in Court before any Man that has not been Mayor and 't is he that delivers the Sentences of the whole Court The two Sheriffs of this City are also Sheriffs of the County of Middlesex They are yearly chosen in the Guildhall on Midsummer-Day by the Livery-Men of the respective Companies that is by the Citizens from among themselves A high Priviledge considering the Importance of this Magistracy especially in their power of Impanelling Juries Yet my Lord Mayor by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs In which Case the Usage has been for the Commons to confirm such a Person and to elect another to serve with him However the new-chosen Sheriffs are not sworn till Michaelmas Eve and till then they do not enter upon their Office If any of the Parties chosen refuse to hold he inours a Penalty of 450 l. unless he do take his Oath that he is not worth ten thousand pounds Each Sheriff has under him an Vnder-Sheriff and six Clerks viz. a Secondary a Clerk of the Papers and four other Clerks He has also a certain Number of Sergeants and every Sergeant a Yeoman The Vnder-Sheriffs have also Clerks under them The Chamberlain is an Officer of great Power in the City For without him no man can set up Shop or follow his Trade without being sworn before him neither can one be bound an Apprentice to any Tradesman but by his Licence He may Imprison any that disobey's his Summons or anv Apprentice that misdemeans himself or else he may punish him in another manner But these are only general Notions of the chief Officers and Magistrates of London for the Particulars I refer you to the Courts of Judicature in my Third Part. In relation to Trade which is the Life of this City the Traders thereof are divided into Companies which are so many Bodies Politique all injoying large Privileges granted by former Kings unto them Those Companies are in all about 70 twelve whereof are called the Chief Companies Viz. The Mercers The Grocers The Drapers The Fishmongers The Goldsmiths The Skinners The Merchant Taylors The Haberdashers The Salters The Iron-Mongers The Vintners The Cloth-Workers Each Company or Mystery has a Master yearly chosen from among themselves and other subordinate Governours called Wardens and Assistants Such is the Harmony of this Government that these Companies do exactly correspond to the general Government of the City by a Lord Mayor and Common Council who are selected out of these several Companies For he that is chosen Lord Mayor must be free of one of these 12 Companies and if he be of any other Company he presently removes to one of these Which have got so great Credit and Reputation in the World that several Kings have honoured some of them by taking their Freedom thereof The present King was lately pleased to accept of the Freedom of the Company of Grocers presented to Him in a golden Box in the Name of the City by Mr. Box upon which he was Knighted by His Majesty In short such are the Priviledges of the Citizens of London that they are Toll-free throughout England And the Lord Mayor usually at the Request of any Citizen that trades in remote Parts grants him his Warrant or Certificate They have also the Priviledge to keep out all Artificers and Handicraftsmen not free of the City So that if a Freeman of London do imploy any such to work within the City or Liberties he is liable to the Forfeiture of 5 l. a Day and an Action lies against him for the same An Alien indeed may be imploy'd six Weeks but no longer And how severe soever this may seem to Foreiners yet it is grounded upon Equity For were it not for that Priviledge here would be such a Concourse of Foreiners that it would prove as it has by Experience the utter undoing of a great Number of poor Citizens and Freemen whose Livelyhood depends upon their Handicrafts Another great Priviledge they have is their sending no less than four Members to Parliament which is twice the Number of other Cities and Borough-Towns in England And it is observable that their Members do usually appear in their Scarlet-Robes the first Day the Parliament sits when all other Members except the Speaker of the House appear in their usual Habit. Thus the Lord Mayor of London under the gracious Influences of the English Monarchs makes a Figure more like a Prince than a Subject And the Citizens of London though under the same general Government as all the rest of the Kings Subjects yet live within themselves blest with so many Advantages that I can compare them no better than to the old Citizens of Rome under the best of their Emperours And indeed the main Thing which has incouraged Trade here to that degree as to render this Place so rich and flourishing is the great Charters Priviledges and Immunities it is invested with by the Munificence of several of the former Kings Whereby the Londoners are Impowered to chuse their own Magistrates to do themselves Justice to maintain their own Peace and pursue all the good and advantagious Ends of Trade with the better Success and greater Security In order to which they keep within themselves many Courts and Councils where they make Laws for the better Government of the several Ranks and Orders of Men among them And though these grand Priviledges were judged to be forfeited by the Court of Kings Bench upon the Quo
Opinion of the Yeomanry that occupy Lands than of Tradesmen or Artificers And accordingly Yeomen are capable of bearing some Offices as of Constable and Church-Warden to serve upon Juries to be Train-Souldiers to vote in the Election of Knights of the Shire to serve in Parliament c. And by the Statutes of England certain Immunities are given to Freeholders and Land-men tho they are not Gentlemen Next to Freeholders are the Copy-holders who are much of the same nature I mean those Copy-holders that hold Copy-holds certain Which is a kind of Inheritance in many Places called Customary because the Tenant dying and the Hold being void the next of Bloud paying the Customary Fine as two Shillings for an Acre or such like may not be denied his Admission They are called Copy-holders from the Copy of Court-Roll of the Mannor within which they hold their Land by which Copy only they hold it For this is all a Copy-holder has to shew for his Title which he takes from the Steward of the Lord of the Mannor's Court. But as England is one of the most trading Countries in Europe so the greatest Body of its Commonalty is that of Traders or Men that live by Buying and Selling. The most eminent whereof are those we call Merchants who trade only by Whole-sale These are the Men who by their Stock and Industry have found the Way not only to Inrich themselves but to make the whole Nation thrive and flourish by a perpetual Circulation of Trade by exporting home-bred and importing forein Commodities by incouraging thereby Navigation and by procuring comfortable Imployment to a vast Number of Artificers Tradesmen and â—â—etailers In short such is the benign Influence of Trade and Commerce by their means all over the Nation that there is scarce any part of it but feels the Benefit thereof And for this great Advantage to the Publick as well as their private Wealth they have got a proportionable esteem and respect from the rest of the Nation Insomuch that whereas Trading formerly rendred a Gentleman ignoble now an ignoble Person makes himself by Merchandizing as good as a Gentleman and many Gentlemen Born some of them Younger Sons of Noblemen take upon them this Profession without any prejudice or blemish to their Birth Nay the Law of England that ever had but a slight Opinion of Traders is so far Obliterated in this Point by Custom and Interest that whereas by Law a Ward come to Age may bring his Action of Disparagement against his Gardian for offering any such in Marriage now 't is common for Gentlemens and Merchants Sons and Daughters to Intermarry The truth is Gentility with competent Means is an excellent Compound but without it 't is but a wretched Condition as the World goes now And who would not rather be a substantial honest Trader so as to stand upon his own Legs and make some figure in the World than for want of Imployment to starve with a point of Honour or live a borrowed Life in this Age especially where Poverty is so little pitied and grown so contemptible Poverty says an Author the general Scare-crow of Mankind the fear of which keeps Men in perpetual Morion and makes them run headlong into the greatest Dangers Per Mare Pauperiem fugiunt per Saxa per Ignes Poverty a lingering kind of Death that having once seized upon ones Spirits dejects and stupifies him takes away the edge of his Senses weakens his Memory discomposes his Mind and makes him almost uncapable of any Thing Poverty in a Word that turns Men into ridicule as Juvenal has it in these Words Nil habet Paupertas durius in se Quam quod Ridiculos homines facit In France indeed where if a Gentleman born betakes himself to Trade forfeits his Gentility the Gentry stand so much upon their Honour that it is very rare to see a French Gentleman turn to Merchandizing But there they have greater Opportunities for preferring themselves according to their quality especially by the Way of Arms. And so jealous is the whole Body of them of this their Gentility that rather than have it exposed in any of their Members by naked and hungry Poverty their Way is to help one another to the utmost of their Power and which is very commendable they seldom fail to give a Gentleman though never so needy the Respect due to his Birth But it is something surprizing they should so much decline Merchandizing their King Lewis le Grand not to mention his other Commodities being the greatest Salt-Merchant in the Known World But to return to our Commonalty it may be said to comprehend three Parts in four of the Nation the Generality of them Imployed in Husbandry Trade and Navigation some in a higher others in a lesser Degree And such is the Happiness of this People in general that none injoy greater Priviledges or are more secure by Law from Oppression They are subject to no Taxes or Laws but what they contrive themselves by their Representatives in Parliament And in point of Trials none of them can be Tried but by a Jury of his Peers that is by Twelve Men Commoners like himself Nor can he be Condemned but by the Laws of the Land In short the Government is so very favourable to the Common People of England that unless the Laws be invaded which are the Bulwark of the Government they need not fear to be any Way oppressed CHAP. XXII Of the Clergy of England and first of the Bishops THE Clergy of England is like the Laity divided into several Ranks or Degrees For as the Laity consists of Nobility Gentry and Commonalty so the Clergy is divided into Bishops Dignitaries and Inferious Clergy The Bishops are those who take upon them the Government of the Church of England according to Law every one in his Diocese And as England consists of 26 Dioceses or Bishopricks so there are accordingly 26 Bishops or Diocesans Besides the Bishoprick of the Isle of Man which is a distinct Bishoprick Their Office being Pastoral their Business is to feed their Flocks with the wholsom Doctrine of the Church and so to oversee the Inferiour Clergy that by their Lives and Doctrine the People may Keep the Truth and live according to the Rules of Christianity And as each of them has a Canonical Authority over all the Priests of his Diocese so they have all in chief the Power of Ordination Which however is never performed but by the Bishop joyntly with some other Priests They are also Impowred to grant Institutions to Benefices upon Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the Successors Use They are bound to defend the Church-Liberties and once in three Years to Visit each his Diocese In this triennial Visitation they Inquire of the Manners Carriages and Offences of Ministers Church-Wardens and the rest of the Parishioners principally of Offenders against Justice
submitted to take it at his hand again at a yearly Tribute the Pope in the Reign of Edward III. demanded his Rent and all the Arrears Upon which issued this Resolve of the Parliament that neither the King nor any other could put the Realm nor the People thereof into a forein Subjection without their Assent This was a high Resolution in Law in one of the highest Points of Law concerning the Kings Claim of an absolute Power when the Pope was in his height However this intimates that with their joynt Consent the Crown may be disposed of But how transcendent soever be the Power and Authority of the King and Parliament yet it do's not extend so far as to bar restrain or make void subsequent Parliaments and tho divers Parliaments have attempted â—t yet they could never effect it For the â—atter Parliament hath still a Power to abrogate suspend qualify explain or make void the former in the Whole or any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former it being a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant 'T was therefore but in vain that the late King James pretended so to settle that Liberty of Conscience which he ushered in by his Declaration as to make it a Law unalterable like the Laws of the Medes and Persians It was but a Blind for Dissenters to bring them into his Snare and tho he had really designed it he must have been at least Immortal to secure it One of the fundamental and principal Ends of Parliaments was to Redress Grievances and ease the People of Oppressions The chief Care whereof is in the House of Commons as being the Grand Inquest of the Realm summoned from all Parts to present publick Grievances to be redressed and publick Delinquents punished as corrupted Counsellours Judges and Magistrates Therefore Parliaments are a great Check to Men in Authority and consequently abhorred by Delinquents Who must expect one time or other to be called to a strict and impartial Account and be punished according to their Demerits Remember said the Lord Bacon to his Friend Sr. Lionel Cranfield when he was made Lord Treasurer that a Parliament will come In this Case the House of Commons the Parliament sitting Impeaches and the House of Lords are the Judges the Commons Inform Present and Manage the Evidence the Lords upon a full Trial give Judgment upon it And such is the Priviledge of the House of Commons in this particular that they may Impeach the highest Lord in the Kingdom either Spiritual or Temporal and he is not to have the benefit of the Habeas Corpus Act that is he cannot come out upon Bail till his Trial be over or the Parliament Dissolved which last some of the late Judges have declared for But the Lords cannot proceed against a Commoner except upon a Complaint of the Commons In a Case of Misdemeanour both the Lords Spiritual and Temporal are Judges and the Kings Assent to the Judgment is not necessary But if the Crime be Capital the Lords Spiritual tho as Barons they might sit as Judges yet they absent themselves during the Trial because by the Decrees of the Church they may not be Judges of Life and Death For by an Ordinance made at the Council at Westminster in 21 Hen. 2. all Clergymen were forbidden agitare Judicium Sanguinis upon pain to be deprived both of Dignities and Orders When a Peer is Impeached of High Treason a Court is usually erected for his Trial in Westminster-Hall and the King makes a Lord Steward which commonly is the Lord Chancellour to sit as Judge thereof The Trial being over the Lords Temporal resorting to their House give Judgment upon it by Voting the Party arraigned upon their Honours Guilty or not Guilty and he is either Condemned or Acquitted by the Plurality of Voices If found Guilty he receives Sentence accordingly by the Mouth of the Lord High Steward The House of Lords is also in Civil Causes â—he highest Court of Judicature consisting of â—ll the Lords Spiritual and Temporal as Judges â—sisted with the most eminent Lawyers both 〈◊〉 Common and Civil Law And from this Court there lies no Appeal only the cause or â—ome Point or other of it may be brought again before the Lords upon a new Parliament In Case of Recovery of Damages or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any inferiour Court at the Common Law But the Lords in Parliament may direct how it shall be levied In short by the ancient Laws and Constitutions of this Kingdom it belongs to the House of Peers to interpret Acts of Parliament in Time of Parliament in any Cause that shall be brought before Them I conclude with the Priviledges of Parliament which are great in both Houses and fit for so honourable a Court. First as to the Persons of the Commoners they are Priviledged from Suits Arrests Imprisonments except in Case of Treason and Felony also from Attendance on Trials in inferiour Courts serving on Juries and the like Their necessary Servants that tend upon them during the Parliament are also Priviledged from Arrest except in the aforesaid Cases Which Priviledge is their due eundo morando redeundo that is not only for that time the Parliament sits but also during 40 Days before and 40 Days after the Parliament finished And that not only for the Persons of Members and their necessary Servants but also in some Cases for their Goods and Estates during that Time Moreover this Priviledge do's likewise extend to such Officers as attend the Parliament as the Clerks the Sergeant at Arms the Porter of the Door and the like But if one was Arrested before he was chosen Burgess he is not to have the Priviledge of the House Many are the Precedents which shew the Resentments of this House against such as have offered to act contrary to these Priviledges and their severe Proceedings against some of them either for serving a Subpoena upon or Arresting a Member of this House or refusing to deliver a Member arrested for Debt the Parliament sitting For common Reason will have it that the King and his whole Realm having an Interest in the Body of every one of its Members all private Interest should yield to the Publick so that no Man should be withdrawn from the Service of the House And so much has been the Priviledge of the House insisted on that it has been a Question Whether any Member of the House could consent to be sued during the Session because the Priviledge is not so much the Person 's the House's And therefore when any Person has been brought to the Bar for any Offence of this nature the Speaker has usually charged the Person in the name of the whole House as a Breach of the Priviledge of this House Also for offering to threaten or to give abusive Language to any Member
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's
the Letter T. for a Thief or M. for Manslayer Then he is delivered to the Bishops Officer to be kept in the Bishops Prison from whence after a certain time he is delivered by a Jury of Clerks But if he be taken and found Guilty again and his Mark discovered then 't is his Lot to be hanged But he whom the Jury pronounces Not Guilty is Acquitted forthwith and Discharged paying the Jaylor his Fees And as to those Prisoners who stand not Indited but were only sent to Prison upon Suspicion the Way is to Proclaim 'em first in this manner A. B. Prisoner stands here at the Bar If any Man can say any thing against him let him now speak for the Prisoner stands at his Deliverance If upon this no Evidence appears against him he is set free paying the Jaylor his Fees Which Way of Deliverance is called Deliverance by Proclamation CHAP. X. Of the Court Martial and Court of Admiralty THE Court Martial otherwise called Court of Chivalry is the Fountain of Martial Law and is only held in Time of War for Martial Discipline The proper Judges of this Court are the Lord High Constable and the Earl Marshal of England which last is also to see Execution â—tone The Court of Admiralty is about Maritime Concerns and the Judge thereof is commonly 〈◊〉 Dr. of the Civil Law For the Sea being out of the reach of the Common Law the Proceeding of this Court in all Civil Matters is according to the Civil Law And whereas the Sea by its Flux and Reâ—ux advances and runs-back twice a Day which makes the Bounds of the Sea and Land â—ovable every Day It is agreed upon that 〈◊〉 far as the Low-Water Mark is observed is within the Counties Jurisdiction and Causes â—ence arising are Determinable by the Common Law But upon a full Tide the Admiral has â—urisdiction as long as the Sea-flows over â—ll Matters done between the Low-Water Mark and the Land So that here is as Dr. Chamberlain says Divisum Imperium between the Common Law and the Court of Admiralty Besides the Civil Law which this Court proceeds by great Use is made here of the Maritime Laws of Rhodes and Oleron two Islands the former whereof is in the Mediterranean not far from the Continent of Asia the other in the Ocean near the Mouth of the Garonne in the Bay of Aquitain The Rhodian Laws were compiled by the Inhabitants of Rhodes a People anciently very powerful at Sea and whose Maritime Laws were esteemed so just and equitable that the very Romans so skilful in making of good Laws referred all Debates and Controversies in Sea-Affairs to the Judgment of the Rhodian Laws Those of Oleron called le Rolle d' Oleron were made by Order of King Richard I theâ— possessed of Aquitain and being at Oleron Which proved such excellent Laws for Sea-Matters that they came to be almost aâ— much respected and made use of in these Western Parts as the Rhodian Laws in the Levant To which King Edward III added very excellent Constitutions concerning Maritime Affairs still in force In Imitation whereof several other Sea-faring Nations have done the like for their respective Sea-Trade As to Criminal Matters especially about Piracy the Proceeding in this Court of Admiralty was according to the Civil Law till the Reign of Henry VIII When two Statute were made for Criminal Matters to be trieâ— by Witnesses and a Jury by the Kings special Commission to the Lord Admiral where 〈◊〉 some Judges of the Realm are ever Commissioners The Writs and Decrees of this Court run in â—he Name of the Lord High Admiral or Lords commissioners executing that Office and are â—irected to all Vice-Admirals Justices of â—ace Mayors Sheriffs Bayliffs Constablesâ—â—arshals and other Officers and Ministers as â—ell within Liberties as without To this Court belongs a Register and a Marâ—al The Marshal attends the Court and carâ—es a Silver Oar before the Judge whereon â—e the Kings Arms and the Lord High Adâ—irals Here the Lord Admiral has his Advocate â—d Proctor by whom all other Advocates and â—â—octors are presented and admitted by the â—â—dge All the Places and Offices belonging 〈◊〉 this Court are in the Gift of the Lord â—â—igh Admiral and now of the Lords Comâ—issioners The Court is held in the Afternoon in the common Hall at Drs. Commons But the Adâ—iralty-Session for the Trial of Malefators and Crimes committed at Sea is still â—eld at the ancient Place viz. S. Margaret's â—ll in Southwark CAHP. XI Of the Court of Marshalsea the Courts of Conscience the Court of Requests disused the Forest-Courts and Pie-powder Courts THE first is the Court or Seat of the Knight Marshal of the Kings House where he judges of Debts for which the Party has been Arrested within the Kings Verge and sent to the Marshalsea Which iâ— a Prison in Southwark where this Court iâ— kept King Charles I. erected a Court by Letters Parents under the Great Seal by the Name oâ— Curia Hospitij Domini Regis c. which takes Cognizance more at large of all Causes thaâ— the Marshalsea could of which the Knight Marshal or his Deputy are Judges The Courts of Conscience are inferiour Courtâ— established and settled by Parliament in many Parts of the Realm for the Relief of poâ—â— People whose Debt do's not amount to forty Shillings So that by any of these Courts the Creditor may recover his Debt and the Debtor pay it at an easy rate As for the Court of Requests 't was a Court of Equity much of the same nature with the Chancery but inferiour to it Called Court â—f Requests as being principally Instituted for the help of such Petitioners as in conscionable cases dealt by Supplication with the King This Court followed the King and was not â—xt in any Place But in process of time it â—sumed so great a Power and grew so burdenâ—â— and grievous to the Subject that it was â—ken away together with the Star-Chamber 〈◊〉 Statute made in the Reign of Charles I. For the Conservation of the Kings Forests â—â—d to prevent all Abuses therein there are â—ree Courts established one called the Juâ—ice of Eyres Seat another the Swainmote and â—â—e third the Court of Attachment The first is or should be by ancient Cuâ—â—m held every third Year by the Justices Eyre of the Forest journeying up and down 〈◊〉 the purpose aforesaid Swainmote is another Court as incident to a forest as a Pie-powder Court to a Fair. By â—e Charter of the Forest it is held thrice a â—ear before the Verderors as Judges What â—hings are Inquirable in the same you may 〈◊〉 in Cromp. Jurisd fol. 150. The lower Court is called the Attachment because the Verderors of the Forest have thereâ— no other Authority but to receive the Attchments of Offenders against Vert and Veniâ—n taken by the rest of the Officers and to Inrol â—â—em that they may be presented and punishâ—â— at the next Justice-Seat Now the Attachments are made three
and then Execution follows And for Criminal Causes they are here tried by Accusation as when one takes upon him to prove the Crime Or by Denunciation when the Church-Wardens present and are not bound to prove because it is presumed they do it without malice and that the Crime is notorious CHAP. XIV Of the Courts of London and first of the Mayor's Court the Court of Aldermen the Common Council Court the Hustings the Court of Goal-Delivery the Two Sheriffs and the Chamberlain's Courts THE City of London is amongst other Things so remarkable for her transcendent Priviledges in Keeping her own Courts of Justice that it will not be improper to describe 'em here I begin with the Lord Mayor's Court which is a Court of Record held in the Chamber of Guildhall The Recorder of the City is Judge of this Court but the Lord Mayor and Aldermen may sit as Judges with him if they please In this Court all manner of Actions may be entred and tried by a Jury as in other Courts for any Debt Trespass or other Matter whatsoever arising within the Liberties of London and to any value There are only four Attorneys belonging to it and six Serjeants at Mace one of them constantly attending at the Lord Mayor's House and the rest at the Attorneys Offices The Charge of entring an Action in this Court is but 4 d. besides the King's Duty It may be brought to a Trial for 30 s. Charge and in 14 Days time the Day for Trials being every Tuesday An Action entred in this Court will remain in force for ever although no Proceedings be had thereupon Whereas an Action entred at either of the Compters dies and may be crossed after 16 Weeks The Advantages of making Attachments in this Court are considerable as you may see in the Book called Lex Londinensis or the City Law The Court of Aldermen is a Court of Record held in the Inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the Time of Sessions of Goal-Delivery This Court does constantly appoint the Assize of Bread determines all Matters touching Lights Water-courses and Party-Walls and here must be sealed all Bonds and Leases that pass under the City-Seal Several Places are in the Gift of the Lord Mayor and this Court Viz. The Recorder Sword-bearer Four City Counsel a City Remembrancer the Common Hunt Water-Bayliff Cities Sollicitor Comptroller of the Chamber two Secondaries Four Attorneys of the Lord Mayor's Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Channel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Channel Under Water-Bayliff Meal-Weighers Clerk of the Cities Works Six Young-men Two Clerks of the Papers Eight Attorneys in the Sheriffs Court Eight Clerk-sitters Two Protonotaries Clerk of the Bridge-house Clerk of the Court of Requests Beadle of the Court of Requests Thirty Six Sergeants at Mace Thirty Six Yeomen the Gager Sealers and Searchers of Leather Keeper of the Green-Yard Two Keepers of the Compters Keeper of Newgate Keeper of Ludgate Measurer Steward of Southwark Bayliff of Southwark and Bayliff of the Hundred of Ossulston There are other Places in the gift of the Mayor Aldermen and Sheriffs as the City-Carpenter and other Artificers But the Rent-Gatherer has been put in by Mr. Chamberlain If any Officer says Lex Londinensis shall misbehave himself in his Office upon Complaint made thereof to this Court and Proof of the Fact such Offender may be and is usually suspended from the Profits of his Place during the pleasure of this Court The Rulers of the Company of Watermen are annually elected and appointed by this Court The Court of Common Council consists of two Orders as the Parliament of England viz. the Lord Mayor and Aldermen which represent the House of Lords and the Common Council Men which represent the House of Commons whose Number amounts to 231 belonging to their respective Wards whereof some have more some less This Court is held in the Chamber of Guildhall at such Times as the Lord Mayor appoints and directs being in his Lordships power to call and dismiss this Court at his pleasure Several Committees are annually appointed and elected by this Court for the better and more speedy Dispatch of the City-Affairs who make Report to this Court of their Proceedings as Occasion requires Viz. a Committee of 6 Aldermen and 12 Commoners for letting and demising the Cities Lands and Tenements who usually meet every Wednesday in the Afternoon at Guildhall for that purpose A Committee of 4 Aldermen and 8 Commoners to let and dispose of the Lands and Tenements given by Sir Tho. Gresham who usually meet at Mercer's Hall at such Times as the Lord Mayor for the time being directs and appoints and the Lord Mayor himself is commonly chosen one of this Committee This Court does also annually elect Commissioners for the Sewers and Pavements And by this Court are annually elected a Governour Deputy-Governour and Assistants for the Management of the Cities Lands in Ulster in Ireland A Stranger born may be made free of this City by Order of this Court and not otherwise The Places of Common Serjeant Town-Clerk and Common Crier are in the Gift of this Court. The Judges of the Sheriffs Court have sometimes been elected by this Court and sometimes by the Court of Aldermen The Hustings is a very ancient Court of Record always held in Guildhall and commonly every Tuesday before the Lord Mayor and Sheriffs of London for the time being When any Matter is to be argued or tried in this Court Mr. Recorder sits as Judge with the Lord Mayor and Sheriffs and gives Rules and Judgement therein And though the Original Writ be directed to the Mayor and Sheriffs joyntly yet these by Commandment of the Lord Mayor are Ministers to execute all Process out of this Court In this Court Deeds may be Inrolled Recoveries passed Wills proved and Replevins Writs of Error Right Patent Waste Partition and Dower may be determined for any Matters within the City of London and the Liberties thereof The Attorneys of the Lord Mayor's Court are Attorneys also in this Court and the second Attorney is always Clerk of the Inrollments and Inrolls all Deeds brought for that purpose Now a Deed Inrolled in the Hustings is counted as good as a Fine at Common Law for that it bars the Wife from claiming her Dower In this Court also the Burgesses to serve for the City in Parliament are elected by the Livery-men of the respective Companies which is done after this manner in the presence of the Court. First the Lord Mayor and Aldermen are put up according to ancient Custom for Candidates and after them are usually nominated four Commoners And out of them all the four that have the plurality of Voices are declared by the Sheriffs to be duly chosen But if there be any Contest about the Election it is usually decided by a Poll. The
against the Executor and so much of his Will as shall be contrary to the Custom will be declared void and of none effect But if a Freeman die without a Will and leave a Wife and Children this Court grants Administration of his Estate to his Widow By the Custom of London she will claim a third part of his Estate one third must be divided amongst his Children and the other third between the Wife and Children but so that usually the Widow is allowed two Thirds of the Freemans third part and the Children one Third thereof If a Freeman shall in the time of his last Sickness give and deliver any part of his Goods Chattels or Moneys to his Wife or Child or any other Person with Intent that such Person shall keep the same to his or her own Use such Gift being against the Custom of London shall be accounted part of the Freemans Estate at the time of his Death and may be recovered by Bill in this Court. For a Freman cannot in the time of his Sickness whereof he shall die give away any part of his Estate otherwise than by his last Will. If a Freeman having given in his Life-time part of his Estate to any of his Children in Marriage or otherwise do afterwards make his Will and give all his Estate away to his other Children with a Declaration that the Child he so disposed in Marriage had received 500 l. or more of his Estate and was thereby fully advanced such Declaration shall not bar the Person so married but he or she may recover after the Father's Decease an equal share with the other Children But then the Mony received of his Father in his Life-time must come into the Account and be reckoned part of the Estate left by him at his Death Which is called bringing of the Mony into Hotchpot Moreover if a Freeman shall settle or make over any part of his Estate to the Use of his Children with design to defraud his Wife of her full third Part the Widow may after his Death set aside such Settlement by a Bill in this Court Lastly when an Inventory is exhibited in this Court and the Orphans can prove any Goods omitted or undervalued or any Debts charged to be owing from the Deceased which were not real and just Debts In such Case upon Complaint made the Clerk will summon a Jury to inquire whether the Inventory so exhibited be a true and perfect Inventory or not And if the Jury find any Omissions Undervaluations or Surcharges then the Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory and will thereby compel him to make so much as shall be found by the Jury to be omitted undervalued or surcharged Unless he can by Proof discharge himself thereof before the Court of Aldermen who upon Application made by any Executor will examine into his Accounts and do right to all Parties without any Expence to the Executor or the Orphans And when it shall appear by an Inventory that many Debts are standing out due to the Deceased the Court of Aldermen do constantly compel the Executor to give Bond to render a true Account from time to time when he shall be thereunto required which is usually once in a Twelve-month And if upon the Exhibiting thereof it shall appear that any Mony is due to the Orphans the Executor must either pay it into the Chamber of London or give good Security to pay the same Which if he omit or refuse his Bond will be put in Suit against him The Court of Conscience otherwise called the Court of Requests is a Court established and settled by an Act of Parliament in the 3d Year of the Reign of King James I. Which Impowers this Court to hear examine and determine with Equity or good Conscience all Matters brought before them between Party and Party Citizens of London where the Debt do's not amount to forty shillings An Act very beneficial both for the Relief of such poor Debtors as cannot make present Payment of their Debts and for such poor Persons as have small Debts owing to them and are not able to prosecute a Suit in Law for the same This Court sits in Guildhall every Wednesday and Saturday in the Forenoon consisting of two Aldermen and four Commoners monthly appointed by the Lord Mayor and Court of Aldermen but any three of them make a Court. A Cause may be brought and determined in this Court for 10 pence Charge viz. 6 pence for the Plaint and the Summons and 4 pence for the Order But if the Defendant do not appear the second Court-Day after Summons an Attachment will be awarded against him which will compel him to appear and increase the Charge If any Citizen be Arrested for a Debt under â—o Shill this Court will grant a Summons for the Plaintiff in the Action And if he appear not the first Court-day after the Summons left at his House the same will grant an Attachment against him force him to take his Debt and to pay the Defendant his Costs The Court for the Conservation of the Thames is held before the Lord Mayor at such Times â—s he appoints and directs within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff for the time being is My Lord Mayors Deputy and ought to give notice to his Lordship of all Offences committed by any Persons contrary to the Orders made for Preservation of the Brood and Fry of Fish in the said River To which purpose he is by this Court Ordered and Impowred from time to time to Authorize Two â—onest Fishermen or more in such Town and Places as he shall think convenient aswell beâ—ow as above the Bridge to be assistant to him â—n the Execution of his Duty and when they â—hall think fit to go out and search for any â—uch Offenders take away their Nets and give â—heir Names to Mr. Water-Bayliff that they 〈◊〉 severely proceeded against according to â—aw This Power of the Lord Mayor for the Conservation of the River of Thames and the â—unishment of all Offences within it has been â—ercised by the Mayor of London and his â—redecessors time out of mind By King Edward the Thirds Charter to this City the Citizens are Authorized to remove and take away all Kidels in the Water of the River of Thames and Medway and have the Punishment to the King belonging thereof coming And by a Statute made in the 17th Year of the Reign of Richard II. it is Ordained that the Mayor of London shall have the Conservacy of the Thames and put in execution the Statutes of 13 Edward I. 13 Richard II. from the Bridge of Stanes to London and from thence over the same Water and in the Water of Medway The Pie-Powder Court is a Court held during the first 3 Days of Bartholomews Fair by Stewards assigned by the Lord Mayor and Court of Aldermen to examine and try all Suits brought for
Warranto brought in at the latter end of Charles II his Reign and a new Charter granted the City but with several Restrictions of great moment yet that Judgement was Reversed upon their late Application to the Parliament and their ancient Charter Confirmed So that Things run now as they did before that Judgment in their proper Channel For Military Affairs the City of London is a Lieutenancy of it self So that the Power of a Lord Lieutenant is in the Lord Mayor and Aldermen and other principal Members of the City for the Time being Who by a peculiar Commission from His Majesty are authorized to act as his Lieutenants in London for the ordering the City-Militia with the same Power that the Lord Lieutenants have in their respective Counties Now the City-Militia consists of 6 Regiments of Foot making about 90000 men besides the Hamlets of the Tower 2 Regiments and the Regiment of Southwark To which if we add the Militia of Westminster consisting of 2 Regiments called Holborn and Westminster each of 2000 men we find in all eleven Regiments But in case of Necessity the Auxiliaries are raised consisting of Apprentices which make up six Regiments more every Freeman that has two Apprentices finding one for that purpose To supply the City Train-Bands and Auxiliary men with Commanders there is a Nursery of Souldiers called the Artillery Company of above 60 Years standing This Company consists of 600 choice men commanded in chief by the King and under his Majesty by a Leader Who exercises this Company every Tuesday fortnight in the Artillery-Ground a spacious Place near Moorfields inclosed for that purpose with a fair Brick-Wall And the other Tuesday the Exercise is performed by the several Members of the Company who are there trained up to command most of them being Commanders of the Train-Bands They have a Court-Marshal consisting of a President Vice-President Colonel and 24 Members of the Company On the second Tuesday in February is their general Rendezvous every Year when they chuse their Officers Which besides the Leader are two Lieutenants 2 Ensigns 2 Sergeants a Provost Marshal 3 Gentlemen of Arms c. The Church-Government is by the Bishop of London The Parishes whereof for the most part provided with able and eminent Divines under the Title of Rector or Vicar are under his Jurisdiction And for maintaining these Divines with their Families there is in most Parishes a Parsonage or Vicarage-House with a yearly Allowance besides the Perquisites arising from Christenings Marriages and Burials Which Allowance since the Reformation falls much short of what it was in the time of Popery when besides the Tythes of the Tradesmens Gains the Mortuaries Obits c. the Priest tho' in a state of Celibacy had 3 shillings and 5 pence in the pound of the yearly Rent of all the Houses and Shops in his Parish Which afterwards was brought to 2 shillings 9 pence in the pound by an Act of Parliament under the Reign of Henry VIII and that confirmed by a subsequent Act. But since the Reformation this being lookt upon as too large an Allowance it has been so curtailed that 't will be hard to bring back that golden Age. 'T is true under the Reign of Charles II. a Regulation was made by Act of Parliament but it concerned only those Parishes whose Churches had been demolished by the dreadfull Fire And according to the several Extents of Parishes the Parsons thereof by virtue of that Act have a certain yearly Allowance none under 100 Pounds and none above 200 but most between one and two hundred Pounds The same to be raised in lieu of Tythe within the said respective Parishes by rating the Houses and Shops therein proportionably to their respective Rents As to those Parishes all over the City and Suburbs where there is besides the Parson a Lecturer he has his maintenance no otherwise than by a voluntary Contribution from the Parishioners As for the City of Westminster the Dean and Chapter are invested with all mander of Jurisdiction both Civil and Ecclesiastical not only within the City of Westminster but also in other Places of their Jurisdiction as the Precincts of S. Martin le Grand within the Walls of London and some Towns in Essex The Dean in particular has a Commission of Peace within the City and Liberties of Westminster The principal Officer in it called the High Steward of Westminster is usually one of the prime Nobility Under whom there is a Deputy Steward then the Bayliff and the two high Burgesses these chosen every Year Within the Precincts of Westminster but chiefly near the Court the Nobility and Gentry take up for the most part their Quarters But the proper Station of the Lawyers is in their Inns between the City and the Court and that of Merchants and Seamen in and about the East-end of the City Thus you have a short Description of the famous City of London the Metropolis of England the Seat of the British Empire the Epitome and Glory of this Kingdom A City which for Greatness Beauty Conveniencies Plenty of Provisions Commerce Riches and good Government is inferiour to none beyond Sea 'T is a Magazine of all sorts of Commodities necessary or expedient for the Use or Pleasure of Mankind The great Rendez-vous of the Nobility Gentry Courtiers Divines Lawyers Physicians Merchants Seamen of the best Artificers the most refined Wits and the greatest Beauties of the Land For a constant Supply of Provisions here are abundance of Markets the best furnished of any in Christendom but especially Leaden-Hall-Market near the Royal Exchange in the City the greatest Flesh-Market about the City and a great Magazine of Corn. So that there is scarce a great City in Europe where poor People or such as love a frugal Life may live cheaper or the splendid Liver gallanter To get a Livelyhood and raise himself in the World no Place like this by Mechanick or Liberal Arts by Merchandizing Offices Preferments c. For Conveniencies and Delight here all is at hand and scarce any Thing wanting that Money can purchase In point of Society here learned and unlearned high and low rich and poor good and bad may fit themselves any where And this I must needs say to the Praise of London that there is not a Place in Europe of such a vast Confluence of all sorts of People where Murders and Outrages so frequent in great and populous Cities beyond Sea are so seldom heard of Which argues a great deal of Wisdom in the Magistrate that so great a Body should be kept in so good Order William the Conquerour to prevent Disorders and Mischiefs in the Night commanded that in every Town and Village a Bell called Curfew-Bell a Corrupt Word from the French Couvre-feu should be rung every Night at 8 of the Clock and that all people should then put out their Fire and Candle This continued in his Reign and that of his next Successor William Rufus But Henry I. revoked