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A31599 The second part of the present state of England together with divers reflections upon the antient state thereof / by Edward Chamberlayne ...; Angliae notitia. Part 2 Chamberlayne, Edward, 1616-1703. 1671 (1671) Wing C1848; ESTC R5609 117,915 324

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be spared because it intimates a distinct interest between the King and His Subjects which is not onely false but very dangerous to be allowed of The King is Pater patriae the Money given to him is for our use and benefit if we are niggardly to him we injure ourselves c. The Bill for the Kings general Pardon hath but one reading in either House for this reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same reason When the Bill for the general Pardon is passed by the King the Answer is thus les Prelats Signeurs communes en ce Parlament assemblez au nom de tous vos autres sujets remercient tres humblement vostre Majeste prient Dieu vous donner en sante bonne vie longue All Acts of Parliament before the Reign of Henry 7. were passed and enrolled in French now in Engli●h Most of our antient Acts of Parliament run in this stile The King at the humble request of the Commons with the assent of the Prelates Dukes Earles and Barons hath ordained or enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth enact of later times it hath been thus Be it enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and of the Commons although the words of the Writ for summoning the Commons which ought to be the main rule is onely ad Consentiendum and not ad Consilium impendendum as it is in the Writ to the Lords and it is evident that the Commons in the late long Parliament made that an advantage for justifying their usurpations against the King in that point and so in another Parliament the Commons endeavoured to maintain that the Concurrence of the Lords was not always necessary in an Act of Parliament because 1 Edward 6. cap. 5. in passing that Act against transportation of Horses the Lords were casually omitted yet by the Register of the Lords House it appears that that Bill began first in the Lords House and there passed before the Commons took it in debate and therefore the Kings Council at Law is very curious in wording rightly all Acts before they are brought to the King and the Clerks of the Parliament as carefull in transcribing and registring them However it is to be wished that to prevent future mischief to this Nation some clauses in the late Act of Oblivion and Indemnity might be amended or at least explained and more especially about the beginning of that Act these words That all manner of Treasons c. since January 1637. and before June 1660. by vertue of any Authority from His late Majesty King Charles or His Majesty that now is be pardoned c. which words might possibly be foisted in designedly to insinuate as if according to that most absurd and Traiterous position of some of the Rebellious Members of the Long Parliament the Kings person or any commissionated by him could be guilty of Treason against the Kings Authority or against His two Houses of Parliament by pursuing of Rebels to bring them to Justice according to the Laws of the Land It were also to be desired that to prevent the great dishonour of making additional and explanatory Acts of Parliament so frequently as hath of late been done all considerable Bills of Publick concernment once read in either House of Parliament may before they be passed be exposed to the view of all comers as antiently among the Romans was usual to the end that any other person besides those of the two Houses may within the space of certain days freely propose in Writing or otherwise his exceptions additions alterations or amendments Sed haec obiter When those things for which the Parliament was summoned have been sufficiently treated and brought to a conclusion then the King doth usually adjourn prorogue or dissolve the Parliament in maner following The adjournments are usually made in the Lords House by the Lord Keeper in the Kings Name to what other day the King pleaseth and also to what other place if he think fit to remove them as sometimes hath been done and then all things already debated and read in one or both Houses continue to the next meeting in the same state they were in before the adjournment and so may be resumed In the like maner the Parliament is Prorogued but by a Prorogation there is a Session and then the Bills that were almost ready in both Houses for the Royal Assent not having it must at the reassembling of the Parliament begin anew The Speaker of the House of Commons upon notice given that it is the Kings pleasure that House shall also adjourn doth say with the assent of the House This House is adjourned When the Kings pleasure is to prorogue or dissolve the Parliament His Majesty commonly cometh in person with His Crown on his Head sendeth for all the House of Commons to come to the Bar of the Lords House and after the Kings answer to each Bill signified as aforementioned His Majesty usually makes a Solemn Speech the Lord Keeper another and the Speaker of the House of Commons a third then the Lord Keeper by the special command of the King doth pronounce the Parliament prorogued or dissolved Note That the King being head of the Parliament if his death doth happen during the sitting of the Parliament it is ipso facto dissolved Antiently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intended that every one hath notice by his representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside The Number of Persons that have have Place and Suffrage in both Houses To the Lords House belong 3 Dukes of the Royal Blood though one be infra aetatem 7 other Dukes 3 Marquises 56 Earls 9 Vicounts and 67 Barons in all 154. Then there are two Archbishops and 24 Bishops so that the Total is 180. But many being under age some sick and infirm others abroad in the Kings Service the ordinary number is about 100. To the House of Commons belong first for the 40 Shires of England two for each in all 80 Knights then one for each of the twelve Counties of Wales 12 Knights For 25 Cities in England two to each and London four in all 52 Citizens For the Cinque Ports 16 Barons for the two Universities two Burgesses for each For 168 Burroughs there are about 330 Burgesses for some few of those Burroughs send but one Burgess apiece Lastly in each of the 12 Counties of Wales there is one Burrough that sends only one Burgess so the total Number of the House of
from the Sacraments or else offending against Justice as the delaying of Legacies given to the poor or pious uses Dilapidations of Buildings or Goods belonging to the Church taking of Usury beyond the rate allowed by Statute Simony Perjury c. or by offending against Sobriety as Drunkenness Incest Adultery Fornication filthy Speech tempting of any ones Chastity Clandestine Marriages as for want of thrice publishing the Banes the want of Parents consent the want of witnesses which must be above two or marrying in a private place in an undue time before Eight in the morning and after Twelve of the Clock in the day c. Now for the better executing of this Jurisdiction the Law of England hath furnished the Bishops with a power of Ecclesiastical Censures whereof some may be inflicted both upon Lay-men and Church-men as Suspension from entring into the Church or else from receiving the Sacrament or greater Excommunications c. Others may be inflicted only upon Ecclesiastical Persons as Sequestration of their Ecclesiastical Profits Suspension sometimes ab Officio sometimes à Beneficio Deprivation and Deposition which is sometimes verbal by sentence pronounced against them and sometimes real by Degradation Here note that of all these Censures Excommunication is never inflicted but only for Contumacy as when a person being duly summoned will not appear or appearing will not obey the Orders of the Bishop The solemn manner of making a Bishop in England is as followeth When any Bishops See becomes vacant the Dean and Chapter of that Cathedral giving notice thereof to the King who is Patron of all the Bishopricks in England and humbly requesting that His Majesty will give leave for them to chose another the King hereupon grants to the Dean his Congè d' Eslire which in French wherein it was antiently penned signifies leave to elect then the Dean summons a Chapter or assembly of the Prebendaries who either elect the person recommended by His Majesties Letters or shew cause to the contrary Next the Election is certified to the party Elected who doth modestly refuse it the first and second time and if he refuse it a third time then that being certifyed to His Majesty another is recommended when the Election is accepted by the party it is certifyed to the King and the Archbishop of that Province whereupon the King gives his Royal Assent under the Great Seal of England which is exhibited to the Archbishop of the Province with command to confirm and consecrate him hereto the Archbishop subscribes Fiat Confirmatio and gives Commission under his Archiepiscopal Seal to his Vicar-General to perform all the Acts required for perfecting his Confirmation The Vicar-General then in the name of the Archbishop sends forth a Citation summoning all Opposers of the said Election or Person Elected to appear at a certain time and place especially assigned to make their objections This is done by an Officer of the Arches usually at Bow Church in Cheapsid London by Proclamation three times and then affixing the said Citation on the Church door for all people to read the said Officer returns an Authentick Certificate thereof to the Archbishop and Vicar-General At the day and place assigned for the appearance of the Opposers the Vicar General sits then the Proctor for the said Dean and Chapter exhibits the Royal assent and the Commission of the Archbishop which read and accepted by the Vicar-General the Proctor exhibits the Proxy from the Dean and Chapter and then presents the Elected Bishop and returns the Citation and desires the Opposers to be publickly called three times which being done accordingly he accuseth their contumacy and for penalty thereof desires that the business may proceed which the Vicar-General in a Schedule by him read and subscribed doth order Next the Proctor giving a summary Petition wherein is deduced the whole Process of Election and Consent desires a time to be assigned to prove it which the Vicar-General admits and decrees After which the Proctor exhibits the Royal Assent with the Elected Bishops Assent and the Certificate to the Archbishop and desires a term presently to be assigned to hear final sentence which the Vicar-General decrees Then the Proctor desires that all Opposers should be again called which being thrice publickly done and none appearing nor opposing they are pronounced contumacious and a Decree made to proceed to Sentence by a Schedule read and subscribed by the said Vicar-General Then the Elect person takes the path of Supremacy Simony and Canonical Obedience Next the Judge of the Arches reads and subscribes the Sentence after which usually there is an entertainment made for the Officers and others there present which being once done at the Sign of the Nags Head in Cheapside near the said Bow Church gave occasion to our adversaries of the Romish Church to affirm that Fable that there our first Bishops after the Reformation were consecrated When a Bishop is Elected and the Election confirmed he may give Institution and do his ordinary Jurisdiction and may sit in Parliament as a Lord thereof according to Sir Ed. Coke 4. Institut p. 47. After the Confirmation then according to the Kings Mandate is the solemn Consecration of the Elected Bishop which is done by the Archbishop with the assistance of two other Bishops in manner following Upon some Sunday or Holy-day after Morning Service the Archbishop beginneth the Communion Service after a certain Prayer appointed for this occasion one of the Bishops there present readeth the Epistle 1 Tim. 3. another readeth the Gospel John 21. then after the Nicene Creed and some Sermon the Elected Bishop vested with his Rochet or Linnen Garment is by two Bishops presented to the Archbishop or some other Bishop commissioned by him sitting in his Chair who demands the Kings Mandate for the Consecration and causes it to be read then the Elect Bishop takes the Oath of Supremacy and of Canonical Obedience to the Archbishop and after divers prayers and several Interrogatories put to the Bishop and his Answers the rest of the Episcopal Habit is put upon him and after more prayers the Elect Bishop kneeleth down and the Archbishop and Bishops there present lay their hands on his head and by a certain pious grave form of words they consecrate him Afterward the Archbishop doth deliver to the Bishop Elect a Bible with an other set form of words and so all proceed to the Communion Service and having received the Sacrament and the Blessing they retire from Church to dinner which is at the charge of the Bishop Elect and is usually very splendid and magnificent the greatest the Nobility Clergy Judges Privy-Counsellors c. honouring it with their presence the expence hereof with Fees of Consecration commonly amounting to Six or Seven hundred pounds This form and manner of consecrating Bishops is accordingly to the rule laid down in the Fourth Council of Carthage about the year 470 generally received in all the Provinces of the Western Church Note that by
that they might not be obliged to send Burgesses to Parliment whereby it comes to pass that divers were unburgessed as it was in particular granted to Chipping or Market Torriton upon their petition and then the number of the Commons house being scarce half so many as at present their Debates and Bills were sooner expedited no faction among them nor distinction of parties but altogether by a blessed unanimity amongst themselves and complyance with the Lords rarely denyed any thing to the King and as rarely were denyed any thing by the King The manner of debates of passing of Bills and Acts is thus It is the practise of each House to debate not onely of what the King hath proposed but of any other matters though heretofore that hath sometimes been by their Soveraign expressy forbidden It is free for any man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is first put in Writing and call'd a Bill which being read commonly after 9 of the clock in a full Assembly it is either unanimously rejected at first or else allowed to be debated and then it is committed to a certain number of the House presently nominated and called a Committee After it hath been amended and twice read two several days in the House then it is is engrossed that is written fair in Parchment and read the third time another day and then if it be in the Lords House the Lord Keeper in the Commons House the Speaker demandeth if they will have it put to the question whether a Law or no Law if the major part be for it there is written on the Bill by the Clerk So it baillè aux Communes or So it baillè aux Seigneurs retaining still in this and some other things about making Laws the custom of our Ancestors who were generally skilled in the French tongue Note that when the Speaker finds divers Bills prepared to be put to the question he gives notice the day before that on the morrow he intends to put such Bills to the passing or third reading and desires the special attendance of all the Members Note also that if a Bill be rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usuall to shew their respect attended with 30 or 40 of the Members of the House as they come up to the Lords Bar the Member that hath the Bill making three profound reverences delivereth it to the Lord Keeper who for that purpose comes down to the Barr. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other person whose place is on the Woolsacks and by none of the Member of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into consideration if aftewards it pass that House then is written on the Bill Les Communes ont assentèz When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech onely to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same day lest the whole time should be spent by two talkative persons Also if a Bill be debating in the House no man may speak to it in one day above once If any one speak words of offence to the Kings Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily Assembles not though many times they continue sitting long in the afternoon Committees sit after dinner where it is allowed to speak and reply as oft as they please In the Lords House they give their Suffrages or Votes beginning at the Puisne or lowest Baron and so the rest Seriatim every one answering apart content or not content In the House of Commons they vote by Yea's and No's altogether and if it be doubtful whether is the greater number then the Yea's are to goe forth and the No's are to sit still because these are content with their present condition without any such addition or alteration of Laws as the other desire and some are appointed to number them but at a Committee though it be of the whole House as is sometimes the Yea's go on one side and the No's on the other whereby they may be discerned If a Bill pass in one House and being sent to the other House they demur upon it then a Conference is demanded in the Painted Chamber where certain deputed Members of each House meet the Lords sitting covered at a Table the Commons standing bare with great respect where the business is debated if they then agree not that business is nulled but if they agree then it is at last brought with all other Bills which have passed in both Houses to the King who comes again with His Crown on his Head and clothed with His Royal Robes sometimes before His Pleasure is to prorogue or dissolve them and being seated in His Chair of State and all the Lords in their Robes the Clerk of the Crown reads the Title of each Bill and as he reads the Clerk of the Parliament according to his instructions from the King who before hath maturely considered each Bill pronounceth the Royal Assent If it be a publick Bill the Answer is Le Roy le veut which gives Life and Birth to that Bill that was before but an Embrio If a private Bill the Answer is Soit fait comme il est desire If it be a publick Bill which the King likes not then the Answer is Le Roys ' avisera which is taken for an absolute denyal in a more civil way and that Bill wholly nulled So that it is as true in England in some sence as in any Monarchy in the world Quod Principi placuit legis habet vigorem Not that whatever the King of England wills becomes immediately a Law but that nothing except what the King wills hath the force of a Law Note that the King without his personal presence can by Commission granted to some of his Nobles give His Royal Assent to any Bill that requires hast If it be a Bill for Moneys given to His Majesty then the answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut which antient Ceremorny of thanking the Subject for parting with their Money some think might better
It is as antient as the Civility of the Nation though perhaps by another name This Court proceeds either ordinarily according to the Laws Statutes and Customes of the Nation and in Latin granting out Writs mandatory and remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one the equitable part is by Bills Answers and Decrees to examine Frauds Combinations Trusts secret uses c. to moderate the Rigour of the Laws and rescue men out of the hands of their Oppressors To relieve a man especially in three things viz. against Cheats unfortunate accidents and breaches of Trust Out of this Court issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any person hath been amerced too high and for a reasonable part of Goods for Widdows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgements in inferiour Courts Writs of Audita Querela and Scire facias here are sealed and inrolled Letters Patent Treaties and Leagues with forreign Princes Deeds betwixt Party and Party touching their Lands and Estates or Purchasers taking recognizances and making of Extents upon Statutes and Recognizances for payment of Moneys or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are betwixt Subject and Subject hath its Original and Commissions from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds onely the person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the sole Judge whereas in other Courts there are three or four Judges but he may and doth often in cases of greater weight and difficulty in cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it was almost always antiently and so of later times by Sir Christopher Hatton and after by Doctor Williams Bishop of Lincoln to their great praise and commendation It is the highest Dignity in England that a Lay-man is capable of it is Summum ambientis animi quasi Solstitium and the Chancellor is Magistratuum omnium Antistes Antiently the Lord Chancellor had sometimes his Vicechancellor commonly called Keeper of the Great Seal but of later times they differ onely in name In France he that is made Chancellour is durante vita his place cannot be taken away although the Seales may It is said there that he is so to attend to the sole Interest of the King and People that he must not be sensible of any Relations or other consideration and therefore he may not put himself in mourning neither for his own Father nor for the King himself Chancellours have been in England as the learned Dugdale finds as soon as Christianity was embraced by the Saxons The Chancellor is said to be keeper of the Kings Conscience to judge secundum aequum bonum according to equity and conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact rigour and letter of the Law whereunto other Judges are strictly tyed for the Princes of this Realm in imitation of the King of Kings governing the World by justice and mercy have erected two supreme Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy wherein the Rigour of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the quirks of Lawyers the more it is guided by Conscience and Equity and therefore the Kings of England would have this Court superiour to the other Tribunals that so if any thing was done amiss by those following the Rigour of the Law here good by Conscience and Equity it might be amended wherein they followed the noble Pattern of the Great Constantine qui omnes suas leges imperfectas esse voluit ut inde subditi sui appellarent ad Episcopos and therefore in all former times the Judges of this Court were chosen out of the Clergy able Divines who by their skil in the Law of God and of Nations were best able to judge according to Moderation and Equity and most willing to execute accordingly also fittest to dispose of the Kings spiritual Benefices Besides when this High Office was given to Bishops and Clergy men in whom wealth and a publick Spirit being usually conjoyned what great publick Acts of Piety and Charity were done by them for this Nation to mention onely in Oxford What noble and rich foundations are Christ-church Magdalens New Colledge and Merton Colledge all founded by Bishops that were Chancellors and on the contrary since the places of Chancellor Treasurer Privy Seal c. have been usually in the Hands of Lay-men what one great work hath been done for the Publick but onely wealth heaped up for their own private Families The manner of Proceeding in this Court is much like that in the Courts of the Civil Law the Actions by Bill or Plaint the Witnesses examined in private the Decrees in Engli●h or Latin not in French No Jury of twelve men but all Sentences given by the Judge of the Court. The Chancellor or Lord Keeper hath twelve assistants antiently called Clerici or Magistri Cancellariae because they were usually in Holy Orders and all Doctors of Laws for Master and Doctor was antiently the same as at this day a Doctor in the Arts is called Magister in Artibus The first of these is called Master of the Rolls a place of great dignity and is in the gift of the King either for life or during His Majesties pleasure and this Officer hath jure Officii the gift of those considerable Offices of the six Clerks in Chancery hath the keeping of the Rolls hath the House of the converted Jews now called the Rolls and in the absence of the Chancellor heares Causes and makes Orders by Vertue of a Commission with two Masters and not jure Officii One reason why the Masters of Chancery were ever Civilians may be because for all cases almost imaginable some Law or case conformable thereunto may be fetched by a good Civilian out of that Law of Laws called the Civil Law Another may be because the Chancery more antient then in any other Court of England for all Original writs and Comissions whereupon the other Courts do ground all their proceedings do come from thence hath probably been taken from the Civil Law divers points
only of Beer and Ale for the City of London though it be a very moderate Imposition is farmed or rented of the King at above one hundred and twenty thousand pounds a year and about one fourth part of all that Excise throughout England Churches Parish Churches besides Chappels there were in all 130. that is double the Number of Churches parochial to be found in any City of Christendom the Mother Church whereof is dedicated to the memory of Saint Paul the only Cathedral of that Name in Europe and founded by Sebert a Saxon King about the year 610. in a place where had stood a Temple dedicated to Diana and afterward enlarged by Erkenwald the 4 th Saxon Bishop thereof and that old Fabrick being almost destroyed by Fire Mauritius another Bishop of London in One thousand eighty three began and finished a great part of the present magnificent Pile in the space of 20 years but the Quire and Tower were not finished till 1221 and then it was dedicated in a most solemn manner as was the Temple of Solomon the King the Bishops and a vast number from all Parts of the Nation assisting thereat It is seated on the highest part of all the City and was more conspicuous perhaps then any Cathedral Church in the World it was a structure for length height and antiquity surpassing all other Churches the length thereof was 690 Foot therein excelling by 20 foot St. Peters in Rome which for beauty proportion and divers other things excels all other Temples it was in height 102 foot and in breadth 130. The Church was built as other Cathedrals in a perfect Cross and in the midst of the Cross upon mighty high Arches was a Tower of Stone 260 foot high and on that a spire of Timber covered with Lead in height 260 foot more in all from the ground 520 foot above which was a ●ole of Copper Gilt of 9 foot in compass whereon stood the Cross 15 foot and a half high and almost 6 foot a cross made of oak covered with Lead and another cover of Copper over the Lead above all stood the Eagle or Cock of Copper Gilt four foot long and the breadth over the Wings 3 foot and a half In the year 1561. a part of this magnificent Pile was much wasted and the rest endangered by a fire begun in that stately Timber Spire by the negligence of a Plummer who left his Pan of Fire there whilest he went to Dinner as he confest of later years on his Death Bed But by the great Bounty and Piety of Queen Elizabeth of the Citizens of London and of all the Clergy of the Province of Canterbury it was again repaired in the space of Five years After which the Stone work decaying apace by reason of the corroding quality of the abundance of Sea-coal smoak the Learned and Pious Doctor Laud coming to be Bishop of London and after of Canterbury was so zealous and vigorous for upholding this most Ancient Church and Stately Monument of England and glory of the City of London that by the Kings favor and liberal contribution of Godly People maugre all opposition of the Puritans the work was so eagerly pursued that before the year 1640. the whole Body was finished with Portland Stone excellent against all smoak and weather and the Tower scaffolded up to the top with a purpose to take it all down and to rebuild it more fair and of a greater height with a stately Pinnacle at each corner because the Arches were not thought strong enough to support another Steeple and to place in that Tower the biggest and most tunable Bells in the World For performance whereof and for adorning the Church there was in the Chamber of London above One hundred and seventy thousand pounds all taken out soon after and employed in an Unnatural War by a stiff necked People against the best of Kings in which one single act a great part of the Citizens of London and of the Long Parliament became deeply guilty of a horrid Rebellion and detestable Sacriledge After the Murder or rather Martyrdom of the forementioned Archbishop the Skaffolds were taken away and sold with some of the Lead which covered this famous Structure and this House of God made a Stable for Horses by the Disloyal Army and almost all suffered to decay till the Restauration of the King who having a pious intent to set upon the repair thereof again it was all ruined by the late dreadful Conflagration in 1666. Which yet hath not so discouraged our gracious King and the rest of our Church Governors but that in a short time they intend to begin again the repair of the Mother Church of the Mother City of this Kingdom to the glory of God and high honor of this City and Nation for the speedy promoting whereof both King and Parliament City and Countrey Clergy and Laity high and low seem to stand engaged to lend their aid and assistance Of the forementioned Fire that was able to destroy such a vast solid Structure as the Cathedral of S. Paul a brief account may here be acceptable especially to Foreigners who have had imperfect relations thereof THe City of LONDON within the Walls was seated upon near Four hundred and sixty Acres of Ground whereon was built about Fifteen thousand Houses besides Churches Chappels Halls Colledges Schools and other Publick Buildings whereof about Four parts of five were utterly devoured in the late dismal Conflagration and about One part of five of the whole City and Suburbs counting therein Westminster and Southwark There were then destroyed Eighty seven Parochial Churches Six Consecrated Chappels all the Principal Publick Edifices as the forenamed Cathedral of S. Paul the great Guild-Hall wherein are held Nine several Courts belonging to the City the Royal Exchange the Custome-House most Halls of Companies c. whereof the whole damage is almost incredible In that one commodity of Books onely wherewith London abounded was lost as Judicious Stationers have computed One hundred and fifty thousand pounds for the loss fell most upon that and Three or four other cumbersome commodities not easie on a sudden to be removed viz. Wines Tobacco Sugars and Plumbs wherewith this City was furnished beyond any City in the World Yet in this vast Incendy not above Six or eight persons were burnt Of this dreadful Fire there were many concurrent occasions First The Drunkenness or Supine negligence of the Baker in whose House it began or of his Men. Next The dead time of the night wherein it began viz. between One and two of the Clock after Midnight when some were wearied with working others filled with drink all in a dead sleep Thirdly The dead time of the week being Saturday night when Traders were retired to their Countrey Houses and none but Children or Young Servants left behind Fourthly The dead time of all the year being then the long Vacation on the Second of September when Tradesmen were generally abroad
Arches founded in a deep broad River and some say on a soft ozy Ground is Eight hundred Foot in length Sixty high and Thirty broad hath a Draw bridge almost in the middle and Twenty Foot between each Arch it was built Anno 1209. in the Reign of King John The first Stone-bridge in England having been built above One hundred years before by Queen Maud Wife to Henry the First at Stratford on the River Lee Three miles from London so called from the Highway there passing over a Ford and since called Stratford Bow from the Arched Bridge a piece of Architecture then new to the English Nation The building of this Bridge of London was an exceeding difficult and costly piece of Work and to those that consider the constant great Flux and Reflux at that place it seems almost impossible to be done again The charges of keeping it in repair is so great that it hath been thought fit by our Ancestors to have a large House a vast Revenue in Lands and Houses divers considerable Officers c. to be set apart for the constant care and repair thereof Concerning this Bridge and the stupendious site and structure thereof take here the fancy of an ingenious Person deceased WHen Neptune from his Billows London spi'd Brought proudly thither by a High Spring-Tide As through a Floating Wood he steer'd along And moving Castles cluster'd in a throng When he beheld a mighty Bridge give law Unto his Surges and their fury aw When such a Shelf of Cataracts did roar As if the Thames with Nile had chang'd her shoar When he such Massie Walls such Towers did eye Such Posts such Irons upon his back to ●ie When such vast Arches he observ'd that might Nineteen Rialto's make for depth and height When the Cerulean god these things survey'd He shook his Trident and astonish'd said Let the whole Earth now all Her Wonders count This Bridge of Wonders is the Paramount Not far below this famous Bridge is placed the Custome House where is received and managed all the Impositions laid on Merchandise Imported or Exported from this City which are so considerable that of all the Customs of England divided into three parts the Port of London pays Two thirds that is above 330000 l. yearly In this Office there are employed many persons of great ability and worth Collectors Customers Comptrollers Surveyors Registers whereof some have Salaries of 500 l. yearly besides many perquisites The House where this great Office was kept being destroyed by the late Fire is now rebuilt in a very much more magnificent uniform and commodious manner by the King and will cost His Majesty 10000 l. the building There are at present within this City of London divers other very considerable Offices whereof take the account following Of the Office of Post-Master General THe Profits of the said Office are setled by Act of Parliament on his Royal Highness the Duke of York but His Majesty doth constitute His Post-Master General by Letters Patents under the Great Seal of England and accordingly hath conferred that Office upon the Right Honorable Henry Lord Arlington His Principal Secretary of State The present Post-Master General keepeth one Grand or General Office in the City of London from whence Letters and Pacquets are dispatched Every Monday to France Italy Spain Flanders Germany Sweden Danemark c and to Kent Every Tuesday to the United Netherlands Germany c. And to all parts of England Scotland and Ireland Every Wednesday to Kent onely and the Downs Every Thursday to France Spain Italy and all parts of England and Scotland Every Friday to the Spanish and United Netherlands Germany Sweden Danemark and to Kent Every Saturday to all parts of England Scotland and Ireland And the Answers of the said Letters and Pacquets are received in the said Office in due Course And from thence dispersed and delivered according to their respective directions with all expedition The said Office is managed by a Deputy and other Officers to the number of Seventy seven Persons who give their actual attendance respectively in the dispatch of the business Upon this Grand Office depends One hundred eighty two Deputy Post-Masters in England and Scotland most of which keep Regular Offices in their Stages and Sub Post-Masters in their Branches and also in Ireland another General Office for that Kingdom which is kept in Dublin consisting of Eighteen like Officers and Forty five Deputy Post-Masters The present Post-Master General keeps constantly for the transport of the said Letters and Pacquets Between England and France Two Pacquet-Boats Flanders Two Pacquet-Boats Holland Three Pacquet-Boats Ireland Three Pacquet-Boats And at Deal Two Pacquet-Boats for the Downs All which Officers Post-Masters Pacquet-Boats are maintained at his own proper charge And as the Master piece of all those good regulations established by the present Post-master General for the better government of the said office he hath annexed and apropriated the Market Towns of England so well to the respective Post-stages that there is no considerable Market-Town but hath an easy and certain Conveyance for the Letters thereof to and from the said grand office in the due Course of the Mailes every Post Note also that all Letters are conveyed with more expedition and less charges then in any forreign Country A Letter containing a whole sheet of Paper is conveyed 80 miles for 2 d. 2 sheets 4 d. and an ounce of Letters but 8 d. and that in so short a time by night as well as by day that every 24 hours the Post goes 120 miles and in 5 dayes an answer of a Letter may be had from a place 300 miles distant from the Writer Moreover if any Gentleman desires to ride Post to any principal Town of England Post-Horses are alwayes in readiness taking no Horse without the consent of his owner which in other Kings reigns was not duly observed and only 3 d. is demanded for every English mile and for every Stage to the Post boy 4 d. for conducting Besides this excellent convenience of conveying Letters and Men on Horseback there is of late such an admirable commodiousness both for Men and Women of better rank to travel from London to almost any great Town of England and to almost all the Villages near this great City that the like hath not been known in the World and that is by Stage Coaches wherein one may be transported to any place sheltred from foul weather and foul ways free from endamaging ones health or body by hard jogging or over violent motion and this not onely at a low price as about a shilling for every 5 miles but with such velocity and speed as that the Posts in some forreign Countryes make not more miles in a day for the Stage Coaches called flying Coaches make Forty or Fifty miles in a day as from London to Oxford or Cambridge and that in the space of Twelve hours not counting the time for Dining setting forth not too early and
placito The Proctors belonging to this Court aforementioned are persons that exhibite their Proxies for their Clients and make themselves parties for them and draw and give in Pleas or Libells and Allegations in the behalf of their Clients produce the Witnesses prepare the Causes for Sentence and attend the Advocates with the Proceedings They are also admitted by the Fiat of the Archbishop introduced by the Two Senior Proctors and are allowed to practise immediately after their admission they wear Black Robes and Hoods lined with White Fur. According to the Statutes of this Court all Arguments made by Advocates and all Petitions made by the Proctors are to be in the Latin Tongue All Process of this Court run in the name of the Judge thus Egi. Sweit Miles LL. Dr. Almae Curiae Cant. de Arcubus Lond. Officialis Principalis and returnable before him heretofore in Bow Church now in the Common Hall at Exeter House The Places and Offices belonging to this Court are all in the gift of the Archbishop of Canterbury whose Court it is Here note That the next Morning after the sitting of this Court the Judge of the Court of Audience did usually sit but since the late Troubles that Court hath been discontinued Next is the Court of Admiralty whereof see more in Chapter of the Military Government The present Judge of this Court is Sir Leolin Jenkins Knight Doctor of Laws whose Title is Supremae Curiae Admiralitatis Angliae locum tenens Judex sive Praesidens The Writs and Decrees run in the name of the Lord High Admiral and are directed to all Vice-Admirals Justices of Peace Majors Sheriffs Bailiffs Constables Marshals and others Officers and Ministers of our Soveraign Lord the King as well within Liberties as without To this Court belongs a Register Orlando Gee Esquire a Marshal who attends the Court and carries a Silver Oar before the Judge whereon are the Arms of the King and of the Lord High Admiral The Lord Admiral hath here his Advocate and Proctor and all other Advocates and Proctors are presented by them and admitted by the Judge This Court is held on the same day with the Arches but in the afternoon and heretofore at St. Margarets Hill in Southwark but now in the same Common Hall at Exeter house But the Admiralty Session is still held for the Tryal of Malefactors and Crimes committed at Sea at the Antient place aforesaid The places and Offices belonging to this Court are in the Gift of the Lord High Admiral Next is another Court belonging to the Archbishop of Canterbury called the Prerogative Court whereof see more in the Chapter of the Ecclesiastical Government of England The Judge of this Court is the forenamed Sir Leolin Jenkins and his Title here is Curiae Prerogativae Cant. Magister Custos sive Commissarius All Citations and Decrees run in the name of the Archbishop This Court is kept in the same Common Hall in the afternoon next day after the Arches and was heretofore held in the Consistory of St Pauls The Judge is attended by a Register Marke Cottle Esquire who sets down the Decrees and Acts of the Court and keeps the Records all Original Wills and Testaments of parties dying having Bona Notabilia c. The place is commonly called the Prerogative Office now kept in the Savoy where for a moderate Fee one may search for and have a Copy of any such Testament made since the Rebellion of Wat Tiler and Jack Straw by whom many Records and Writings in several places of London were then burnt and destroyed The Places belonging to this Court are in the Gift of the Archbishop of Canterbury From the forementioned Courts Appeals do lye to the Court of Delegates whereof more pag. 76 the Judges whereof are appointed by the Lord Keeper under the great Seal of England pro illa vice and upon every cause or business there is a new Commission and new Judges according to the nature of the Affair or Cause as sometimes Bishops Common-Law-Judges and Civilians and sometimes Bishops and Civilians and sometimes Common-Law-Judges and Civilians and sometimes Civilians onely To this Court belongs a standing Register and the Court is kept in the same Common Hall in the afternoon the day after the Prerogative The Citations and Decrees here run in the Kings Name From this Court lyes no Appeal in Common course But the King of His meer Prerogative Royal may and many times doth grant a Commission of Review under the Broad Seal In this Colledge also usually resides the Vicar-General belonging to the Archbishop bishop of Canterbury who as he is Primate hath the Guardianship of the Spiritualties of every Bishop within his Province during the Vacancy and executes all Episcopal Power and Jurisdiction by his Vicar-General who is at present in the Province of Canterbury Sir Richard Chaworth Knight Doctor of Laws The Archbishop of York hath the like Power in his Province and his Vicar-General is Dr. Burnel he also hath a Prerogative Court whereof the Judge is Dr. Levet Of the Colledge of Physitians in London AMongst other excellent Institutions in the City of London there is a Colledge or Corporation of Physitians who by Charters and Acts of Parliament of Henry VIII and since his Raign have certain Priviledges whereby no man though a Graduat in Phsick of Oxford or Cambridge may without Licence under the said Colledge Seal practice Physick in London or within seven miles of this City nor in any other part of England in case he hath not taken any Degree in Oxford or Cambridge Whereby also they can administer an Oath fine and imprison any Offenders in that and divers other particulars can make By-Laws purchase Lands c. Whereby they have Authority to search all the shops of Apothecaries in and about London to see if their Drugs and Compositions are wholesome and well made whereby they are freed from all troublesome Offices as to serve upon Juries to be Constable to keep watch and ward to bear Arms or provide Armes or Ammunition c. any Member of that Colledge may practice Surgery if he please not onely in London but in any part of England This Society had antiently a Colledge in Knight-Rider-Street the Gift of Doctor Linacre Physitian to King Henry the VIII since which a House and Ground was purchased by the Society of Physitians at the end of Amen street whereon the ever famous Dr. Harvey Anno 1652. did erect at his own proper charge a Magnificent Structure both for a Library and a Publick Hall for the meeting of the several Members of this Society endowed the same with his whole Inheritance which he resigned up while he was yet living and in Health part of which he assigned for an Anniversary Harangue to commemorate all their Benefactors to exhort others to follow their good Examples and to provide a plentiful Dinner for the worthy Company Anno 1666. This goodly Edifice could not escape the Fury of that dreadful Fire and
at this City as oft as the Moon comes to the North East and South West points of Heaven the one in our Hemisphere and the other in the other Hemisphere The highest Tides are upon a Land Flood the Wind Northwest at the Equinoctial and the Moon at full when these four causes concur which is very rare then the Thames swells in some places over its Banks and Westminster is a little endammaged in their Cellars not in their Chambers and upper Rooms as the City of Rome sometimes is by the overflowing of the Tiber and Paris by the Seyne This River opening Eastward towards Germany and France is much more advantageous for Traffick than any other River of England To say nothing of the variety of excellent Fish within this River the fruitful fat soil the pleasant rich Meadows and innumerable stately Palaces on both sides thereof in a word the Thames seems to be the very Radical moisture of this City and in some sense the natural heat too for almost all the Fuel for firing is brought up this River from Newcastle Scotland Kent Essex c. From this River the City by water Engins is in many places supplyed with excelient wholsome water also from almost twenty Conduits of pure Spring water and moreover by a new River brought at a vast charge and exquisite skill by Sir Hugh Middleton who deserves his Statue in Brass from Amwell and Chadwell two Springs near Ware in Hartfordshire from whence in a turning and winding course it runs threescore miles before it reaches this City In some places the Channel is necessarily thirty foot deep in other place it is carried over valeys more then twenty foot high above ground in open Troughs Over this new River are made eight hundred Bridges some of Stone some of Brick and some of Wood Six hundred men have been at once employed in this great work It was begun 1608. and finished in five years It serves the highest parts of London in their lower Rooms and the lower parts in their highest Rooms The vast Traffick and Commerce whereby this City doth flourish may be guessed at chiefly by the Customs which are paid for all Merchandise imported or exported which are but very moderate Impositions in comparison of the Imposts of most other Countries of Europe and yet the Customs of the Port of London onely amount to above three hundred thousand pounds a year By the infinite number of Ships which by their Masts resemble a Forest as they lye along this stream besides many that are sent forth every year to carry and fetch Commodities to and from all parts of the known world whereby it comes to pass that no small number of Merchants of London for Wealth for stately Houses within the City for Winter and without for Summer for rich Furniture plentiful Tables and honorable living c. excel some Princes in divers of our neighbour Nations Moreover one may conjecture at the huge Commerce by the infinite number of great well furnished Shops which a Spaniard once observing together with the great number of Law sutes in Term time made this report of London to his Country-men that it was indeed a great City but made up of nothing but Tiendas y Contiendas Shops and Sutes whereas he might rather have said more truly in a few more words viz. that London is a huge Magazin of Men Money Ships Horses and Ammunition of all sorts of Commodities necessary or expedient for the use or pleasure of mankind that London is the mighty Rendevous of Nobility Gentry Courtiers Divines Lawyers Physitians Merchants Seamen and all kinds of excellent Artificers of the most refined Wits and most excellent Beauties for it is observed that in most Families of England if there be any Son or Daughter that excels the rest in Beauty or Wit or perhaps Courage or Industry or any other rare quality London is their North-star and they are never at rest till they point directly thither The Government of this City considering the greatness and populousness thereof is very admirable and might take up a Volume in the description thereof The Ecclesiastical Government is by a Bishop was in the time of the Britains by an Archbishop but when it became subject to the Saxons the Archiepiscopal Sea was placed at Canterbury not because that was the more worthy City but for the sake of Saint Austin who first preacht the Gospel there to the Heathen Saxons and was there buried Since which time it hath been under a Bishop above ten Centuries and a half in a continual succession in which space there are reckoned 99 Bishops of London to the Present worthy Bishop thereof the grave learned pious divine Doctor Humphry Henchman consecrated Bishop of Salisbury 1660. and translated to London 1663. To his Cathedral also belongs a Dean a Chapter a Treasurer and Thirty Prebendaries all persons of worth For the Ecclesiastical Government of the several Parishes there are are placed many excellent Divines that have the Cure of Souls a Rector or Vicar for every Parish and these have for a long time had the repute of the most excellent way of Sermonizing in Christendom insomuch as divers Divines of foreign Reformed Churches have come hither on purpose to learn their manner of haranguing in the Pulpit For maintaining these Divines with their families there is in every Parish a Parsonage or Vicaridge house and in most a competent allowance in Tithes Antiently the Parsons due in London besides the Tithes of the Trades-mens Gains and Mortuaries Obits c. was 3 s. 5 d. in the pound of the yearly Rent of all Houses and Shops and this was paid as Offerings on Sundayes and Holidayes onely a half penny for each pound whereby the Parishioners did hardly feel it although the Sundayes and Holy-dayes were so many that in a whole year it amounted to 3 s. 5 d. in the pound Afterwards many Holidayes being taken away and the Clergy Means thereby abated it was ordained 25 H. 8. that 2 s. 9 d. in the pound of all Rents of Houses and Shops should be paid yearly to the Parson whereunto the Londoners did not onely consent as they had good reason it being much less in the pound then before but bound themselves by an Act of Common Council to perform the same and the said Ordinance was confirmed in Parliament 27 Hen. 8. and again 37 Hen. 8. with a power given to the Lord Mayor to commit to prison any Citizen that should refuse to pay his Tythes and Dues according to that proportion But since the Reformation many men willing to think Tythes a rag of Popery or else making no conscience of robbing God have devised many base and fraudulent wayes by double Leases by great Fines and small Rents and several other wayes to cheat the Law and their God Mal. 3.8 complaint whereof being made to King James 1618. it was declared in his Court of Exchequer by the Barons there that the Inhabitants of London
and of the Liberties thereof ought still according to the aforementioned Acts to pay 2 s. 9 d. in the pound according to the true yearly value of the Rent of their Houses and Shops from time to time but the Citizens who think 2000 l. per annum not enough for an Alderman or for a Lawyer and yet 200 l. too much for a Pastor of a Parish opposing the same the business lies yet unestablished to the great dishonor of the Reformed Religion The Civil Government is not as it is at Paris Rome Madrid Vienna and other Capital Cities by a chief Magistrate some Nobleman set over the City by the King or Supreme Governor or as it was here in the time of the Romans when the chief Magistrate was called as it is still in Rome the Prefect of London or as it was in the time of the Saxons when he was called the Portgreve that is Custos or Guardian and sometimes Provost of London but after the coming in of the Normans the chief Magistrate was called Bailive from the French word Bailler tradere committere that is Commissarius or one that hath Commission to govern others and there were sometimes two Bailiffs of London till King Rich. I. Anno 1189. changed the name of Bailiff into MAYOR which also being derived from the French hath continued ever since a Citizen chosen by the Citizens annually unless sometimes for the disloyalty of the Citizens their Priviledges and Franchises have been taken from them and a Guardian set over them as was done by Hen. III. and Edw. I. Of latter times the Mayor of London though alwayes a Citizen and Tradesman hath been of such high repute and esteem that in all writing and speaking to him the Title of Lord is prefixt which is given to none others but either to Noblemen to Bishops Judges and of later times to the Mayor of York or to some of the highest Officers of the Realm He is also for his great Dignity usually knighted by the King before the year of his Mayoralty be expired His Table is and also the Table of each Sheriff such that it is not only open all the year to all commers strangers and others that are of any quality but so well furnished that it is always fit to receive the greatest Subject of England or of other Potentate nay it is recorded that a Lord Mayor of London hath feasted four Kings at once at his Table His domestick Attendance is very honorable he hath seven Officers that wait on him who are reputed Esquires by their places that is the Sword-bearer the Common Hunt who keepeth a gallant Kennel of Hounds for the Lord Mayors Recreation abroad the Common Cryer and four Water Bailiffs There is also the Coroner three Sergeants Carvers three Sergeants of the Chamber a Sergeant of the Channel four Yeomen of the Water-side one Under-water Bailiff two Yeomen of the Chamber three Meal-weighers two Yeomen of the Wood-wharfs most of which have their servants allowed them and have Liveries for themselves His State and Magnificence is remarkable when he appears abroad which is usually on horse-back with rich caparison himself alwayes in long Robes sometimes of fine Scarlet cloth richly furred sometimes Purple sometimes Puke with a great Chain of gold about his neck with many Officers walking before and on all sides of him c. but more especially on the 29. of October when he goes to Westminster in his Barge accompanied with all the Aldermen all his Officers all the several Companies or Corporations in their several stately Barges with their Arms Colours and Streamers and having there in the Exchequer Chamber taken his solemn Oath to be true to the King returns in like manner to Guild-Hall that is the great Common Hall of Guilds or incorporated Confraternities where is prepared for him and his Brethren a most sumptuous Dinner to which many of the great Lords and Ladies and all the Judges of the Land are invited This great Magistrate upon the Death of the King is said to be the prime person of England and therefore when King James was invited to come and take the Crown of England Robert Lee then Lord MAYOR of London subscribed in the first place before all the great Officers of the Crown and all the Nobility He is usually chosen on Michaelmas day out of the 26 Aldermen all persons of great wealth and wisdom His Authority reaches not only all over this great City and a part of the Suburbs but also on the famous River of Thames Eastward as far as Yendale or Yenleet and the mouth of the River Medway and Westward as far as Colny ditch above Stanes Bridge He hath power to punish and correct all that shall annoy the Stream Banks or Fish onely the strength and safety of the River against an Invasion and securing Merchandizing and Navigation by Blockhouses Forts or Castles is the Care of the King To the Lord Mayor and the City of London belong divers Courts of Judicature of high importance The highest and most antient Court is that called the Hustings i. e. Domus Causarum which doth preserve the Lawes Rights Franchises and Customs of the City There is a Court of Requests or Conscience The Court of the Lord Mayor and Aldermen where also the Recorder and Sheriffs sit Two Courts of the Sheriffs one for each Counter The Court of the City Orphans whereof the Mayor and Aldermen have the custody The Court of Common-Council consisting as the Parliament of England of two Houses one for the Lord Mayor and Aldermen and the other for the Commoners in which Court are made all By-laws which bind all the Citizens of London for every man either by himself or by his Representative gives his Assent thereunto wherein consists the great happiness of the English Subject above all the Subjects of any other Prince in the world that neither in Laws nor By-laws neither in Taxes or Imposts any man is obliged but by his own consent There is another Court of the Chamberlain of the City to whom belongs the Receipts of the Rents and Revenues of the City and to his Court the business of Apprentices over whom he hath a great authority To the Lord Mayor also belongs the Courts of Coroner and of Escheator and another Court for the conservation of the River of Thames Lastly the Court of Goal-delivery held usually eight times a year at the Old-Baily both for the City and Middlesex for the Tryal of Criminals whereof the Lord Mayor is the chief Judge and hath power of reprieving condemned persons There are other Courts called Wardmote or the meeting of Wards whereof there are 26 in the whole City In which Court inquiry is made into all things that can conduce to the regulating and well governing of the City Also the Court of Hall mote or Assembly of every Gild or Fraternity for regulating what belongs to each Company in particular The Traders of London are divided into Companies or