Protection he Governs the Navy Royal and decides all Civil and Criminal Causes in Sea Affairs whether done upon or beyond Sea in any part of the world on the Sea Coasts in all Ports or Havens and all Rivers beyond the First Bridg next towards the Sea Which Dignity is now executed by Commanders To the ADMIRALTY belong several Courts but this at Doctors Commons is the Principal or Supreme and it may not be improper in Treating of this Colledge to give a brief account of it for the rest the Reader is referred to the Present State of England In this Court called the COURT of ADMIRALTY he hath usually a Lieutenant called Judge of the Admiralty who is commonly some Learned Doctor of the Civil Law The proceedings in all Civil Matters are according to the Civil Law because the Sea is without the Limits of the Common Law and by Libel they proceed to the Action the Plaintiff giving Caution to prosecute the Suit and to pay what shall be Adjudged against him if he fail in the Suit the Defendant on the Contrary securing the Plaintiff by a sufficient Surety or Caution as the Judge shall think meet that he will appear in Judgment and pay what shall be Adjudged against him and that he will ratifie and allow all that his Proctor shall do in his Name whereby the Clients are well assured to obtain that which by Law shall be Adjudged to them let the Cause fall on which side soever They make use also of the Laws of Rhodes and Oleron whereof the former is an Island in the Mediâ—â—rranean Sea about 20 Miles distant from the Continent of Asia Minor and is now under the Turk the antient Inhabitants whereof by their mighty Trade and Power at Sea grew so expert in the Regulation of all Maritime Matters and Differences that their Determinations therein were esteemed so Just and Equitable that their Laws in such Affairs have ever since been observed for Oracles Those Laws were long ago incorporated into the Volumes of the Civil-Law and the Romans who gave Laws to other Nations for their Sea Affairs referred all Debates and Differences to the Judgment of these Rhodian Laws Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitaine not far from the Mouth of the Garonne where our Famous King Richard the first caused to be compiled such Excellent Laws for Sea-Matters that in the Ocean-Sea West ward they had almost as much repute as the Rhodian-Laws in the Mediterranean and these Laws were called La Rool d' Oleron What we have of the Rhodian-Law with the Comments thereon inserted by the old Juris-Consults in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still hold preheminence of all others Under this Court there is a Court of Equity for Determining Differences between Merchants Former Customs and Decrees are of Force also to decide Controversies The proceeding in Criminal Affairs as about Piracy is according to two Statutes made by H. VIII to be Tried by Witnesses and a Jury by special Commission of the KING to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Trial according to the Laws of England directed by those Statutes All Causes that happen between the High and Low-Water-Mark are determinable at common-Common-Law because that place belongs then to the body of the Adjacent Country but when it is Full Sea the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between Low-Water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For Regulating and Ordering His Majesties Navy Ships of War and Forces by Sea see those excellent Articles and Orders in Stat. 13. Car. 2. Cap. 9. The Writs and Decrees of this Court run in the Name of the Lord High Admiral and are Directed to all Vice Admirals Justices of Peace Mayors Sheriffs Bayliffs Constables Marshals and other Officers and Ministers of our Soveraign Lord the King as well within Liberties â—s without To this Court belongs a Register a Marshall who carries a Silver Oar before the Judge whereon are the Arms of the King and the Lord High Admiral The Lord High 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 in the same Common-Hall at Doctors Commons But the Admiralty Session is held at St. Margarets-Hill in Southwark where it was antiently kept for the Tryal of Malefactors and Crimes Committed at Sea The Places and Offices of this Court are in the gift of the Lord High Admiral At Doctors Commons is another Court belonging to the Archbishop of Canterbury called the Prerogative Court which Judgeth all Estates fallen by Will or by Intestates It is so called because the Archbishop by vertue of his Prerogative hath this Power throughout the whole Province where the Party at the time of Death had 5 l. or above in several Diocesses 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 at Pauls The Judge is attended with a Register 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 Deans Court near St. Pauls Church-yard where for a Moderate Fee one may search for and have a Copy of any such Testament made since the Rebellion of Wat-Tyler and Jack-Straw which is above 300 years ago in the Reign of Richard the Second for by those Rebels many Records and Writings in London and other places were then burnt and destroyed The Places belonging to this Court are in the Gift of the Archbishop of Canterbury The Court of Delegates who upon every New Business have a New Commission and New Judges according to the Nature of the Affair is kept also in the same Common-Hall in the Afternoon the Day after the Prerogative But of this we have spoken something before the Citations and Decrees here run in the King's Name Of the College of Heralds Not far from the College of Doctors Commons stood the College of Heralds now Rebuilt It was an antient House Built by Thomas Stanley Earl of Derby who Married the Mother of King Henry the VII and was bestowed by Queen Mary on the King's Heralds and Pursuivants at Arms for ever to the end that they and their Successors might dwell together if they so pleased and Assemble Confer and Agree for the good Government of their Faculty and that their Records might there be safely preserved These are to be the Messengers of War and Peace they are skilful in Descents
their time One may be a Freeman of London 1. By Seâ—vice as in case of Apprentiship 2. By Birth-right as being the Son of a Freeman 3. By Redemption by Order of the Court of Aldermâ—n For such as are made Free this way the Chamberlain of London is to set the Fines of such Redemptions He is to take Fines of such as are rebellious to their Masters or Guardians and for certain other Defaults c. To shew the Piety of the honourable Governours of this great City in ancient as well as modern times I shall produce the Instructions Recorded for the Apprentices of London out of Stow p. 668. Edit 1633. The Observation of which is heartily recommended to the Youth concern'd It is thus YOu shall constantly and Devoutly on your knees every day serve God Morning and Evening and make Conscience in the Due hearing of the Word Preached and endeavour the right practise thereof in your Life and Conversation You shall do diligent and faithful Service to your Master for the time of your Apprentiship and Deal truly in what you shall be trusted You shall often read over the Covenants of your Indenture and see and endeavour your self to perform the same to the uttermost of your power You shall avoid all evil Company and all occasions which may tend or draw you to the same and make speedy Return when you shall be sent of your Masters or Mistresses Errands You shall avoid Idleness and be ever Employed either for God's Service or in your Masters business You shall be of fair gentle and lowly speech and behaviour to all men and especially to all your Governours And according to your Carriage expect your Reward for Good or Ill from God and your Friends c. Of the Sheriffs Courts THere are two Courts of Sheriffs one for the Counter in Woodstreet and another for the Counter in the Poultry whereof there are two Lawyers as Judges well read in the Customs of the City as well as the Common-Laws but if an erroneous Judgment be given before the Sheriffs the party griev'd may sue a Writ of Error and remove it to the Hustings before the Mayor and Sheriffs if they yield no Redress then shall certain Justices be assigned by the King's Commission to sit at St. Martins le Grand by Nisi prius for to Redress the said Judgments and if there be default found in the the Mayor and Sheriffs they shall be punished for their Misprisions by the form contained in the Statute of 28 E. 3. c. 10. One taken in Execution in London upon a Condemnation in the Sheriffs Court and Removed by Habeas Corpus into the Kings-Bench shall be commited there in Execution for that Debt and having discharged all Causes in the Kings-Bench shall be remanded Then there is the Court of Sessions or Goal-Delivery held usually eight times a year at the Old-Bayly both for the City and Middlesex for the Tryal of Criminals whereof the Lord Mayor is the Chief Judge and hath the power of Reprieving condemned Persons The Prisons in London OF Ludgate we have spoken in the Section of Gates page 9. And of Newgate page 10. The Counter in the Poultry belongs to one of the Sheriffs of London and has been kept and continued there time out of mind The Counter in Woodstreet belongs also to one of the Sheriffs prepared to be a Prison-House Anno 1555. and on the 28 th of September that year the Prisoners that lay in the Counter in Breadstreet were removed to this Counter Both these Counters were burnt in the Year 1666 but Rebuilt since much more stately and Commodious than they were before There is also in the late Parish of St. Margaret Southwark a Prison called the Counter in Southwark c. The Fleet is also a Prison so called of the Fleet or Water running by it now made Navigable and called the Fleet-Dike There was also in Southwark a Prison called the Clink on the Banks-side also a Prison called the White-Lyon in Southwark so called because it was formerly an Inn with that Sign this being the appointed Goal for the County of Surry Stow p. 455. There are besides these two Prisons more in Southwark viz. The Kings-Bench and the Marshalsea which last belongs to the Marshals of England Lastly there is the Gate-House in Westminster a Prison likewise for Offenders c. Of the Watches in London To speak in general terms there cannot be found in the World more Regular Careful and Orderly Watches than are in this great City which indeed is very needful for where there is such a vast confluence of aâ—â— sorts of People it is of absolute necessity to keep diligent Watch to prevent Disorders and Mischiefs which else would happen William the Conquerour commanded that in every Town and Village a Bell call'd Curfew-Bell should be Nightly rung at Eight of the Clock and that all People should then put out their Fire and Candle and take their rest which Order was observed in his Reign and the Reign of William Rufus but Henry the First revoked that Order But Henry the Third Anno 1253. Commanded Watches in Cities and Burroughs to be kept in order to the preservation of Peace and Quietness amongst his Subjects c. There are in the Respective Streets convenient Stations for the Watchmen who are Citizens and obliged to perform that Duty in their turns with their Officers and are to Examine all persons that walk in unseasonable hours and to Apprehend Suspitious persons or such as are Riotous or otherwise mis-behave themselves and secure them At set and convenient times they appoint a Party to go their Rounds and to apprehend such as they find Tippling in Victualing-Houses at unseasonable hours or in Houses of ill-name or Night-walkers or any other persons wheresoever that are uncivil or cannot give a good account of themselves and the Reason of their being abroad and when any such are Apprehended they keep them all night in safe Custody on the Guard or send them to one of the Counters to be forth-coming before a Justice of the Peace the next day who deals with them according to the merit of their Cause By this means an Infinite deal of Evils as Murders Roberies Felonies Fires c. are prevented which would otherwise happen it being certain that in so great and populous a City amongst the many good People it cannot be avoided but that a great many wicked persons capable of the blackest Villanies do creep in as daily and sad experience shews Of the Military Government of London HAving Treated of the Ecclesiastical and Temporal Government of this Great City we will give some brief touches of its Military Government Ancient and Modern In the 23 of H. VIII 1532. At a General Muster in London were first taken the Names of all Men within this City and Liberties only which reach not far from the Walls from the Age of 16 to 60. Also the Number of all Harnesses and all
of the said Doctors in a most Capacious and Beautiful manner where they keep their Courts and pleadings every Term which begins and ends almost at the same time with the Term at Westminster The Chief Court is that of the Arches so called from the Arched Church of St. Mary-le-Bow in Cheapside where this Court was wont to be held but now in the Common-Hall at Doctors Commons the Judge whereof is called the Dean of the Arches having Jurisdiction over a Deanry consisting of thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical matters within the Province of Canterbury to this belong divers Advocates all Doctors of the Civil Law two Registers and ten Proctors The Dean or Judge of the Arches sitteth alone without any Assessors and Heareth and Determineth all Causes without any Jury of Twelve Men. The manner is briefly thus Fist goes out a Citation then a Bill and Answer then by Proofs Witnesses and Presumptions the matter is Argued pro and con and the Canon and Civil Laws quoted and then the Definitive Sentence of the Judge passeth and upon that Execution But by Statute 25 Henry the VIII it was provided that it shall be Lawful for any Subject of England in Case of Defect of Justice in the Court of the Archbishop of Canterbury to Appeal to the King's Majesty in His Court of Chancery and that upon such an Appeal a Commission under the Great Seal shall be directed to certain Persons particularly Designed for that business so that from the Highest Court of the Archbishop there lyes an Appeal to this Court and beyond it to none other It is called the Court of Delegates and in Civil Affairs is the Highest Court in England Ecclesiastical Criminal Causes are Tried by way of Accusation Denunciation or Inquisition The first When some one takes upon him to prove the Crime The second 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 Thirdly By Inquisition when by reason of Common Fame inquiry is made by the Bishop ex Officio suo by calling some of the Neighborhood or the Party Accused to their Oaths But this Oath ex Officio was taken away by Parliament in the time of King Charles the First If the Party Accused after Admonition submits not he is Excommunicated from the Church and is disenabled to be a Plaintiff in a Law Suit c. Which is called Excommunicatio Minor Excommunicatio Major excludes from the Church and from Society in Temporal Affairs and that for Heresie Schism Perjury Incest or such grievous Crimes then a Man cannot be Plantiff or Witness in any Civil or Ecclesiastical Court. And if he continues Excommunicated 40 Days the King 's Writ de Excommunicato capiendo is granted out of the Chancery against him whereupon he is cast into Prison without Bail there to lye till he hath submitted to the Bishop and satisfied for what he is charged with by which many tender Consciences have suffered deeply There is an Anathematismus inflicted upon an obstinate Person that is Judged an Heretick wherein he is Curs'd and Rejected to Damnation There is also an Interdict Prohibiting all Divine Offices to a Place or People if against a People it follows them any where if against a Place the People may go elsewhere to hear Somtimes a Person Adjudged a Delinquent is punished another way which is called Publick Pennance and is to stand in the Church-Porch upon Sunday bare Headed and bare Footed in a White sheet and a White Rod in his Hand then he is to go into the Church and his Crime being publickly repeated and he professing Repentance is Absolved but in some Cases the Party may come off for Money to the Poor or some Pious Use which is not always converted that way Christian Burial is denyed to Persons Excommunicate or Perjured to such as are Hang'd for Felony or Kill themselves to Apostates Hereticks and Extortioners Somtimes the Clergy Men are suspened ab Officio viz. from the Exercise of their Functions somtimes there is a Deprivatio a Beneficio when deprived of their Livings somtimes they are Degraded that is Deprived of their Orders which is commonly for some Heinous Crime So much Briefly of these Censures and Punishments The Office of Actuary attending the Court of Arches is to set down the Judges Decrees Register the Acts of the Court and send them in Books of the Registry The Office of the Register is to Attend the Court by himself or Deputy and receive all Libels or Bills Allegations and Exhibits of Witnesses Files all Sentences and keeps the Records of the Court. The Beadle attends the Court carryeth a Mace before the Judge and calls the Persons Cited to appear The Judge and all the Advocates who are all Doctors of the Civil Law wear Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Miniver Furr if of Cambridge and the Proctors ought to wear Hoods lined with Lamb skin if not Graduates but if Graduates Hoods according to their Degree The Proctors are Persons that Exhibit their Proxies for their Clients and make themselves Parties for them and draw and give in Pleas or Libels and Allegations in the behalf of their Clients produce the Witnesses prepare the Causes for Sentence and and attend the Advocates with the proceedings All Arguments made by Advocates and all Petitions made by Proctors are to be in Latin All process of this Court runs in the Name of the Judge and returnable before him heretofore in Bow-Church but now in the Common-Hall at Doctors Commons The Places and Offices of this Court are in the Gift of the Archbishop of Canterbury These Ecclesiastical Laws consist of Canons made by General Councels the Opinion of Fathers the Decrees of several Bishops of Rome formerly admitted and our own Constitutions made antiently in several Provincial Synods which by 25 Henry VIII are in Force so far as they are not Repugnant to the Laws and Customs of England or the King's Prerogative Then the Canons made in the Convocations of latter times as Primo Jacobi and confirmed by him some Statutes Enacted by Parliament and divers old Customs not written but yet in use and where these fail the Civil Law takes place Amongst the Great Officers of the Crown which are Nine viz. the Lord High Steward of England the Lord High Chancellor the Lord High Treasurer the Lord President of the KING's Council the Lord Privy Seal the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Admiral of England The last only appertains to this place his Trust and Honour is so great that it has been usually given to the KING 's Younger Sons near Kinsmen or some of the Highest and Chiefest of all the Nobility He has the management of all Maritime Affairs as well in respect of Jurisdiction as