so to Windlestore or Winsore Eton and then to Chertsey where Erkenwald Bishop of London did erect a Religious house or Cell From Chertsey she directs her course to Stanes and receiving another stream by the way call'd the Cole whereupon Colebrook stands she goes by Kingstone Richmond Sheene Sion Brentford or Bregentford where she meets with the Brane or the Brenâ— another 〈◊〉 descending from Edgworth From Brentford she visits Morlach 〈…〉 Cheisoy Lambeth Westminster and so to London Having accompanied our gentle and smooth-gliding Riâ—â—r now to London she now makes great haste to meet with Neptune her lovely husband the first water she greets is the Brome on Kent side West of Greenwich whose spring is Bromis in Bromley Parish and so goeth thence to Lewshant taking 〈◊〉 from the East The next water she meets withal is on Essex side almost against Woolwich and that is the Lee And being pass'd that the Darwent also dischargeth her self into the Thames on Kent side two miles and more beneath Erith having its rising at Tunbridge or Tanridge The next River that disgorgeth her self into the Thames is West of the Wam Isles a rill of no great note or long course for rising about Coringham it rune not many miles East and by South till it falls into the mouth of this River Last of all the Thames takes acquaintance and mingleth with Medway a conâ—derable River watering all the South parts of Kent This noble navigable River flows and fills all her Channels twice ev'ry natural day by the flux and reflux of the Sea which holdeth on for the space of 70 miles within the main Land the stream or tyde being highest at London when the Moon doth exactly touch the Norh-east and South or West points or the Heavens whereof one is visible the other underneath us These rydes do also differ in their times each one coming later than the other by so many mâ—nutes as passe yet the revolution and natural course of the Heavens do reduce and bring about the said Planet to these her former places whereby the common difference 'twixt one tyde and another is sound to consist of 24 minutes which wanteth but twelve of a whole hour in 24 as experience doth confirm In like manner we daily find that each tyde is not of equal heighth and fulness For at the 〈◊〉 and the Change of the Moon we have the highest â—â—ouds and such is their extraordinary course that as they diminish from their Changes and Fulls unto their first and last Quarters so afterwards they encrease again until they come to the Fall and Change sometimes they rise also â—o high eâ—pecially if the wind be at the North or North-east which brings in the water with more vehemency because the tyde which fills the Channel cometh Northward that the Thames often inounds the bankes about London which happeneth most frequently in Ianuary and February which makes the grounds afterwards more fertiâ—e Neither do the tydes after a whit unlesse some impetuous winds from the West or South-west do keep back and check the stream as the East and North-East do hasten the coming in thereof or else some other extraordinary occasion put by the course of the German Seas which do fill the River by their nâ—tural 〈◊〉 and flowings And the probabiest reason why three or four tydes do chop in in one day is because the winds blowing more strong than ordinarily North or North-east make the Sea to rush in with more speed and abundance or water The Land streams or white waters do oftentimes thicken the finenesse of the River in so much that after a Land floud 't is usual to take up Haddocks with ones hâ—nd beneath the Bridge as they float aloft on the water their eyes being so blinded with the thicknesse of the water that they cannot see whither they swimme and how to make shift for themselves before the poor creaâ—â—re be surpriz'd otherwise the Thames water useth to be as clear and 〈◊〉 as any such great River in the world Having gone along so fat with this great goodly River even from her source until she diâ—â—mboques and payes Tribute to Nepume and cast her self into his imbraces It will be now expedient to go on further and acquaint the Reader with the jurisdiction and Prerogatives of the Thâ—mes with the extent thereof Which begins at a place call'd Colnie ditch a little above Stâ—nes-bridge Weâ—â—ward as far as London-bridge and â—rom thence to a place call'd Yendil 〈…〉 and the waters or Medmay all which extent is under the jurisdiction and conservancy of the Lord Mayor the Comminalty and Citizens of London True it is that there have been some Contests betwixt the Lord Mayor and the Lord high Admiral of England concerning the said Jurisdiction and power but after a fair and judicial Tryal in open Court the controversie was decided in favour of the City and the Lord Mayor adjudged to be Conservator of the Thames There were also some other controversial points about the Rivers of Thames and Medway but all differences were absolutely concluded Anno 1613 Sir Iohn Swinerton being then Lord Mayor and Mr. Sparry being then his Deputy or respective Bayliff for the execution of such a great trust repos'd in him Ever since is well as in former times the Lord Mayor of London hath been styl'd the Conservator of the said River within the forenamed limits and bounds having plenary power to inflict punishments upon all transgressors relating to the said Rivers the Water-Bayly of London being his substitute And whereas there are a company of Fishermen call'd Tinckermen frequenting the River of Thames Eastward who in times pass'd have been reported and found out to make an infinit destruction of the young brood or fry of fish by using unlawful Nets and other Engines feeding their Hoggs with them by the singular care and cost of the Lord Mayor and vigilance of the City those prohibited Engines and Nets are now quite suppress'd and a true and orderly manner of fishing brought into use that such a havock may not be made of the young fry Moreover there are a great number of other kind of Fishermen beside Tinckermen belonging to the Thames call'd Hebbermen Petermen and Trawlermen that had lived in former times by unlawful fishing on the said River to the destruction of the young fish as aforesaid but now they are restrain'd and regulated to a more orderly way of fishing There have bin other kind of abuses reformed herein as upon complaint made to the Lord Mayor concerning certain Timbers standing in Tilbury Hope a matter not only dangerous to the Passengers but a cause also to destroy the young brood of fish by the dammage those Timbers did to the Fishermens Nets in regard of their continual standing in the main course and curâ—ent of the River that great grievance was speedily redressed by the providence and prudence of the Lord Mayor and the Water-Bayly Furthermore there hath been care taken to clear
is now called Bacon-House because the same was new builded by Sir Nicholas Bacon Lord-Keeper of the Great Seal Down on that side by Serjeant Fleet-Woods house Recorder of London who also new builded it to Saint Olaves Church in Silver-Street which is by the North-West End of this Noble-Street Then have ye Maine Street of this Ward which is called Saint Martins lane in cluding Saint Martin on the East side thereof and so down on both the sides to Aldersgate And these be the bounds of this Ward within the Wall and Gate Without the Gate the main Street called Aldersgate-Street runneth up North on the East side to the West end of Hounds-ditch or Barbican-Street a part of which Street is also of this Ward And on the West side to Long-Lane a part whereof is likewise of this Ward Beyond the which Aldersgate is Goswell Street up to the Barrs And on the West side of Hidersgate Street by Saint Buttolphs Church is Briton-Street which runneth West to a Pumpe and then North to the Gate which entreth the Church-Yard sometimes pertaining to the Priory of Saint Bartholomews on the east side on the west side towards St. Bartholomews Spittle to a paire of posts there fixed And these be the bounds of this Aldersgate Ward without The antiquities be these first in Stainâ—ng lane of old time so called as may be supposed of Painter-stainers dwelling there On the East side thereof adjoyning to the Aaberdashers Hall be ten Almes-houses pertaining to the Haberdashers wherein be placed ten Almes people of that Company every of them having Eight pence the peece every Friday for ever by the gift of Thomas Huntlow Haberdasher one of the Sheriffs in the year 1539. Then is the small Parish Church of Saint Mary called Staining because it standeth at the North end of Staining lane Then is Engain lane or Maiden lane and at the North-West Corner thereof the Parish Church of St. John Zachary a fair Church with the Monuments well preserved of Thomas Lichfield who founded a Chancery there in the fourteenth of Edward the second On the East side of this Foster Lane at Engane Lane end is Goldsmiths Hall a proper House but not large and therefore to say that Bartholmew Read Goldsmith Mayor in the year 1502 kept such a feast in this Hall as some have fabuled is far incredible and altogether unpossible considering the smallnesse of the Hall number of the Guests which as they say were more than one hundred persons of great estate But of late years the said Goldsmiths Hall is much enlarged and in a stately and sumptuous manner in so much that it may compare with any other Hall in London Then at the North end of Noble-street is the Parish Church of St. Olave in Silver-street a small thing On the West side of Foster-Lane is the small Parish Church of St. Leonards for them of St. Martins le Grand A number of Tenements being lately builded in place of the great Collegiate Church of St. Martin that Parish is mightily encreased Then in Pope-lane so called of one Pope that was owner thereof On the North side is the Parish Church of Saint Anne in the Willowes so called I know not upon what occasion but some say of Willowes growing thereabouts but now there is no such void place for Willowes to grow more than the Church-yard wherein do grow some high Ash-trees to this day Then in St. Martins Lane was of old time a fair and large Colledge of a Dean and Secular Canons or Priests and was called Saint Martins le grand founded by Ingelricus and Edwardus his Brother in the year of Christ 1056 and confirmed by William the Conqueror as appeareth by his Charter dated 1068. This Colledge claimed great Priviledges of Sanctuary and otherwise as appeareth in a Book written by a Notary of that House about the year 1442 the nineteenth of Henry the sixth wherein amongst other things is set down and declared that on the first of September in the year aforesaid a Souldier prisoner in Newgate as he was led by an Officer towards the Guild-Hall of London there came out of Panyer Alley five of his fellowship and took him from the Officer brought him into Sanctuary at the West door of St. Martins Church and took Grithe of that place But the same day Philip Malpas Robert Marshall then Sheriffs of London with many other entred the said Church and forcibly took out with them the said five men thither fled led them fettered to the Counter and from thence chained by the Necks to Newgate of which violent taking the Dean and Chapter in large manner complained to the King and required him as their Patron to defend their Priviledges like as his Predecessors had done c. All which complaint and suite the Citizens by their Counsel Markham Serjeant at the Law Iohn Carpenter common Clerk of the City and others learnedly answered offering to prove that the said place of St. Martin had no such Immunity or Liberty as was pretended Notwithstanding after long debating of this Controversie by the Kings commandment assent of his Councel in the Starr-Chamber the Chancellour and Treasurer sent a Writ unto the Sheriffs of London charging them to bring the said five persons with the cause of their taking and withholding afore the King in his Chancery on the Vigil of Alhallowes on which day the said Sheriffs with the Recorder and Counsel of the City brought and delivered them accordingly afore the said Lords where the Chancellour after he had declared the Kings Commandement sent them to St. Martins there to abide freely as in a place having Franchises whiles them liked c. Without Aldersgate on the East side of Aldersgate-street is the Cookes Hall which Cooks or Pastlers were admitted to be a Company and to have a Master and Wardens in the two and twentieth of Edward the fourth From thence along unto Houndsditch or Barbican street be many fair Houses on the West side also be the like fair buildings till ye come to Long-Lane and so to Goswell street In Britaine street which took that name of the Duke of Britain Lodging there is one proper Parish Church of St. Buttolph In which Church was sometime a Brotherhood of St. Fabian and Sebastian founded in the year 1377 the fifty one of Edward the third and confirmed by Henry the fourth in the sixth of his Reign Then Henry the sixth in the twenty fourth of his Reign to the honour of the Trinity gave Licence to Dame Joane Astley sometime his Nurse to R. Cawood and T. Smith to found the same a Fraternity perpetually to have a Master and two Custos with Brethren and Sisters This Brotherhood was endowed with Lands more than thirty pounds by the year and was suppressed by Edward the sixth Of the One and Twentieth Ward or Aldermanry of the City of London called Faringdon Ward Intra ON the South side of Aldersgate Ward lyeth Faringdon Ward called
Bridge-house and the Leaden-hall how they were stored of Grain for the service of the City And because we have here before spoken of the Bread-carts coming from Stratford at the Bow ye shall understand that of old time the Bakers of Bread at Stratford were allowed to bring daily except the Sabbath and principal Feasts divers long Carts laden with bread the same being two ounces in the penny wheaten loaf heavier than the penny wheaten loaf baked in the City the same to be sold in Cheap three or four Carts standing there 'tween Gâ—therans Lane and Fausters Lane end one Cart on Cornhil by the Conduit and one other in Grasse-street And we may read that in the fourth year of Edward the second Richard Reffeham being Mayor a Baker named Iohn of Stratford for making Bread lesser than the Assize was with a fools hood on his Head and loaves of Bread about his Neck drawn on a hurdle through the streets of the City Moreover in the four and fortieth of Edward the third Iohn Chichester being Mayor of London as we may read in the visions of Pierce Plowman a Book so called as followeth There was a careful commune when no Cart came to Town with Basket Bread from Stratford tho gan beggars weep and workmen were agast a little this will be thought long in the date of our dirte in a dry Averel a thousand and three hundred twice thirty and ten c. We read also in the twentieth of Henry the eighth Sir Iames Spencer being Mayor six Bakers of Stratford were amerced in the Guild-hall of London for baking under the size appointed But these Bakers of Stratford left serving this City I know not upon what occasion above forty years since In the year 1519 a Petition was exhibited by the Commons to the Common-Councel and was by them allowed concerning the Leaden-hall how they would have it used viz. Meekly beseeching sheweth unto your good Lordship and Masterships divers Citizens of this City which under correction think that the great place called the Leaden-hall should nor ought not to be letten out to Farme to any person or persons and in special to any fellowship or Company incorporate to have and hold the same Hall for term of years for such conveniences as thereby may ensue and come to the hurt of the Common-weale of the said City in time to come as somewhat more largely may appear in the Articles following First if any assembly or hasty gathering of the Commons of the said City for suppressing or subduing of miâ—ruled people within the said City hereafter shall happen to be called or commanded by the Mayor Aldermen and other Governours and Councellors of the said City for the time being there is none so convenient meet and necessary a place to assemble them in within the said City as the said Leaden-hall both for largenesse of room and for their sure defence in time of their counselling together about the premises Also in that place hath been used the Artillery Guns and other Armors of the said City to be safely kept in a readinesse for the safegard wealth and defence of the said City to be had and occupied at times when need required As also the store of Timber for the necessary reparations of the Tenements belonging to the Chamber of the said City there commonly hath been kept Item If any Triumph or Noblenesse were to be done or shewed by the Commonalty of the City for the honour of our Soveraign Lord the King and Realm and for the worship of the said City the said Leaden-hall is the most meet and convenient place to prepare and order the said Triumph therein and from thence to issue forth to the places thereof appointed Item at any Largesse or dole of any money made unto the poore people of this City it hath been used to be done and given in the said Leaden-hall for that the said place is most meet therefore Item the honourable Father that was maker of the said Hall had a speciall will intent and mind that as it is commonly said the Market men and women that came to the City with victuals and other things should have their free standing within the said Leaden-Hall in wet weather to keep themselves their Wares dry and thereby to encourage them and all other to have the better will and desire the more plentiously to resort to the said City to victual the same And if the said Hall should be letten to Farme the will of the said honourable Father should never be fullfilled nor take effect Item if the said place which is the chief Fortresse and most necessary place within all the City for the tuition and safegard of the same should be letten out to Farme out of the hands of the chief Heads of the same City and especially to any other Body politick it might at length by likelihood be an occasion of discord and debate between the said Bodies politick which God defend For these and many other great and reasonable causes which hereafter shall be shewed to this honourable Court your said Beseechers think it much necessary that the said Hall be still in the hands of this City and to be surely kept by sad and discreet Officers in such wise that it might alwaies be ready to be used and occupied for the Common-weale of the said City when need shall require and in no wise to be letten to any Body politick Thus much for the Petition About the year one thousand five hundred thirty four great means was made about the Leaden-hall to have the same made a Burse for the Assembly of Marchants as they had been accustomed in Lumbard-street many Common-Councels were called to that end but in the year 1535 Iohn Champneys being Mayor it was fully concluded that the Burse should remain in Lumbard-street as afore and Leaden-hall no more to be spoken of concerning that matter The use of Leaden-hall was us'd to be thus In a part of the North Quadrant on the East side of the North Gate were the common Beams for weighing of Wooll and other Wares as had been accustomed On the West side of the Gate was the Scales to weigh Meal the other three sides were reserved for the most part to the making and resting of the Pageants shewed at Mid-Summer in the watch the remnant of the sides and Quadrants were employed for the stowage of Wool-sacks but not closed up the lofts above were partly used by the Painters in working for the decking of Pageants and other devices for beautifying of the Watch and Watch-men the residue of the Lofts were letten out to Marchants the Wooll-winders and Packers therein to winde and pack their Wools. And thus much for Leaden-hall may suffice Now on the North of Limestreet Ward in the Highstreet are divers fair houses for Marchants and proper Tenements for Artificers with an Alley also called Shalt Alley of the Shaft or May-pole sometime resting over the Gate thereof as I have
Christ our Saviour and called upon the Devil to help and deliver him such was the end of this deceiver a man of an evil life a secret murtherer a filthy fornicator a keepâ—r oâ— Concubines and amongst other his detestable facts a false accuser of his elder Brother who had in his youth brought him up in learning and done many things for his preferment In the year 1271. a great part of the Church of Bow fell down and slew many people men and women In the year 1284 the thirteenth of Edward the first Lawrence Ducket Goldsmith having grievously wounded one Ralph Crepin in West Cheap fled into Bow-Church into the which in the night time entred certain evil persons friends unto the said Ralph and slew the said Laurence lying in the Steeple and then hanged him up placing him so by the Window as if he had hanged himself and so was it found by Inquisition for the which fact Lawrence Ducket being drawn by the feet was buried in a ditch without the City but shortly after by relation of a Boy who lay with the said Lawrence at the time of his death and had hid him there for fear the truth of the matter was disclosed for the which cause Iordan Good-Cheape Ralph Crepin Gilbert Clarke and Ieffrey Clarke were attainted and a certain Woman named Alice that was chief causer of the said mischief was burned and to the number of sixteen men were drawn and hanged besides others that being richer after long imprisonment were hanged by the purse The Church was interdicted the Doors and Windows were stopped up with Thorns for a while but Lawrence was taken up and honestly buried in the Church-yard afterwards The Parish-Church of St. Mary Bow by meanes of incroachment and building of Houses wanting room in their Church-yard for burial of the Dead Iohn Rotham or Rodham Citizen and Taylor by his Testament dated the year 1465. gave to the Parson and Church-wardens a certain Garden in Hosier-lane to be a Church-yard which so continued near a hundred years but now is builded on and is a private mans house The old Steeple of this Church was by little and little re-edified and new builded up at the least so much as was fallen down many men giving sums of money to the furtherance thereof so that at length to wit in the year 1469 it was ordained by a Common Councel that the Bow Bell should be nightly rung at nine of the Clock Shortly after Iohn Donne Mercer by his Testament dated 1472 according to the trust of Reginald Longdon gave to the Parson and Church-wardens of St. Mary Bow two Tenements with the appurtenances since made into one in Hosierlane then so called to the maintenance of Bow Bell the same to be rung as aforesaid and other things to be observed as by the Will appeareth The Arches or Bowes thereupon with the Lanthorns five in number to wit one at each Corner and one on the top in the middle upon the Arches were also afterward finished of Stone brought from Cane in Normandy delivered at the Customers Key for four shillings eight pence the Tun 1515 and 1516 William Copland being Church-warden It is said that this Copland gave the great Bell which made the fifth in the Ring to be rung nightly at nine of the Clock This Bell was first rung as a Knell at the Burial of the same Copland It appeareth that the Lanthorns on the top of this Steeple were meant to have bin glazed and lights in them placed nightly in the Winter whereby Travellers to the City might have the better sight thereof and not to misse of their wayes In this Parish also was a Grammar-School by commandment of King Henry the sixth which School was of old time kept in an house for that purpose prepared in the Church-yard But that School being decayed as others about this City the School-house was let out for Rent in the Reign of Henry the 8th for four shillings the year a Cellar for two shillings the year and two Vaults under the Church for 15 s. both There are Monuments of divers Citizens of note in this Church but most of them much defac'd and mouldred away Without the North side of this Church of St. Mary Bow towards West-Cheape standeth one fair building of Stone called in Record Sildam a shed which greatly darkneth the said Church for by meanes thereof all the Windows and doors on that side are stopped up King Edward the third upon occasion as shall be shewed in the Ward of Cheap caused this side or shed to be made and strongly to be builded of Stone for himself the Queen and other States to stand there to behold the Justings and other shewes at their pleasures And this House for long time after served to that use namely in the Reign of Edward the third and Richard the second but in the year 1410. Henry the fourth in the twelfth of his Reign confirmed the said shed or building to Stephen Spilman William Marchford and John Wattle Mercers by the name of one new Sildain Shed or Building with Shops Cellars and Edifices whatsoever appertaining called Crounsild or Tamersild scituate in the Mercety of West-Cheape and in the Parish of St. Mary de Arcubus in London c. Notwithstanding which grant the Kings of England and other great Estates as well of forraign Countries repairing to this Realm as Inhabitants of the same have usually repaired to this place therein to behold the shewes of this City passing through West-Cheape namely the great Watches accustomed in the night on the Even of St. John Baptist and St. Peter at Midsommer the Examples whereof were over-long to recite wherefore let it suffice briefly to rouch one In the year 1510 on St. Johns Eve at night King Henry the eight came to this place then called the Kings-Head in Cheape in the Livery of a Yeoman of the Gard with an Halberd on his shoulder and there beholding the Watch departed privily when the Watch was done and was not known to any but whom it pleased him But on Saint Peters night next following He and the Queen came Royally riding to the said place and there with their Nobles beheld the Watch of the City and return'd in the morning Of the Sixteenth Ward or Aldermanry of the City of LONDON called Cheape-Ward WE enter now into the Center of the City which is Cheap-Ward taking name of the Market there kept called West Cheaping which Ward as a River as Mr. Stow saith that hath three heads and running along to the uttermost of his bounds issueth out on the sides into little streams so this Ward beginning on the Course of Wallbrook and is not the meanest of the Wards if for no other cause yet because it is nearest to the heart of the City hath his beginning on the East from three places The High street of the Poultrey the lower end of Buckles bury and the nether part of the Venell or entry into Scalding Alley
by force of the Kings Writ Ex debito justitiae and none of them ought to be omitted and these represent all the Commons of the whole Realm and trusted for them and were used to be in number near upon 500. Now the King and these three Estates were the great Corporation or Body politick of the Kingdom but they were to sit in two Houses viz. the King and Lords in one House called the Lords House and the Knights Citizens and Burgesses in another House called the House of Commons The Commons are in Legal understanding taken for the Franck Tenants or Freeholders of the Counties And whosoever is not a Lord of Parliament and of the Lords House is of the House of the Commons either in person or by representation partly coaugmentative and partly representative Of this Court of Parliament the Soveraign Prince by the Law is Caput principium finis the head beginning and ending And as in the natural body when all the sinews being joyned in the head do unite their forces together for the strengthening of the body there is ultimum potentiae so in the poliâ—ique Body when the King and the Lords spiritual and temporal Knights Citizens and Burgesses are all by the Kings Command assembled and joyned together under the Head in consultation for the common good of the whole Realm there is ultimum sapientiae The third year of Henry the sixth it appears in a Parliament Roll that the Parliament being called as hath bin said Commune Consilium every member of the House being a Counsellor should have the three properties of the Elephant which are First That he hath no Gall. Secondly That he be inflexible and cannot bow Thirdly That he is of a most ripe and perfect memory which properties as there it is said ought to be in every Member of the great Councel of Parliament First to be without Gall that is without malice rancor heat and envie In the Elephant Melancholia transit in nutrimentum corporis every gallish inclination if any were should tend to the good of the whole body the Common-wealth Secondly That he be constant inflexible and not to be bowed or turned from the right either for fear reward or favour nor in judgement reâ—pect any person Thirdly of a ripe memory that they remembring perils past might prevent dangers to come as in that Roll of Parliament it appeareth The Prince de advisamento consilii for so be the words of the Writ of Parliament resolving to have a Parliament doth out of the Court of Chancery send out Writs of Summons at the least forty dayes before the Parliament begins every Lord of Parliament either spiritual as Arch bishops and Bishops or temporal as Dukes Marquisses Earls Viscounts and Barons Peers of the Realm and Lords of Parliament were used to have several Writs of Summons And all the Judges of the the Realm Barons of the Exchequer of the Coif the Kings learned Cousnel and the Civilians Masters of the Chancery are called to give their assistance and attendance in the upper House of Parliament but they have no Voices in Parliament being only ministerial and their Writs differ from the Writs to the Judges for their Writs be Quòd intersitis Nobiscum cum caeteris de Concilio Nostro sometimes Nobiscum only super praemissis tractaturi vestrumque consilium impensuri But the Writ to the Barons is Quòd intersitis cum praelatis Magnatibus proceribus super dictis negotiis tractaturi vestrumque Consilium impensuri Moreover in every Writ to Summons to the Bishops there is a clause requiring them to summon these persons to appear personally at the Parliament which is in these words premonientes Decanum Capitulum Ecclesiae Vestrae Norwicensis ac Archidiâ—conos totumque clerum vestrae Dioces quod iidem Decani Archi diaconi in proprâ—is persmiss suis ac dictum capitulum per unum idemque clerus per duos proeuratores idoneos plenam sufficientem potestatem ab ipsis capitulo clero divisim habentes predict ' die loco personaliter intersint ad consentiâ—ndum hiis quae tunc ibidem de Communi concilio dicti regni Nostri divina favente clementia contigerit ordinari and the Bishop under his Seal makes Certificate accordingly And these are called Procuratores cleri and many times have appeared in Parliament as spiritual Assistants to consider consult and consent ut supra but had never voyces there because they were no Lords of Parliament And this Assembly was called the Convocation-House which the last King continuing after the dissolution of the Parliament and the Bishops comming amongst them to consult and make Canons the next Parliament protested against their proceedings as irregular and prejudicial to the priviledges of Parliament Observable it is what difference there was in the Writ whereby the spiritual Lords were summoned and that whereby the temporal Lords were called The Ecclesiastical Barons were required by the Kings Writ to be present In fide dilectione quibus nobis tenemini In the faith and Love you are bound to us But the secular Lords were summoned to appear In fide homagio quibus nobis tenemini In the faith and homage you are bound unto us Now touching the Commons their Writ or Summons to the Sheriff runs thus The King to the Vicount or Sheriff Greeting WHereas by the advice and assent of our Councel for certain Arduous and urgent Affaires concerning Us the State and defence of our Kingdom of England and the Anglican Church we have ordained a certain Parliament of ours to be held at our City of the day of next ensuing and there to have Conference and to treat with the Prelates Great men and Peers of our said Kingdom We command and strictly enjoyn you that making Proclamation at our next County Court after the receipt of this our Writ to be holden the day and place aforesaid you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Borough two Burgesses of the discreetest and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the tenure of the Statutes in that case made and provided And the names of the said Knights Citizens and Burgesses so chosen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the parties so elected be present or absent and shall make them to come at the said day and place so that the said Knights for themselves and the County aforesaid and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Beroughs may have severally from them full and sufficient power to do and to consent to those things which then by the favour of God shall happen to be ordained by the Common Councel of our said Kingdom concerning the
Right and Prerogative due to the Crown in that they have seized and converted to their own use Goods and Chattels of infinite value taken at Sea and other Goods and Chattels which in no sort appertain unto his Lordship by his Letters Patents wherein the said Non obstante is contained and for which he and his Officers remain accountable to his Majesty And they now wanting in this time of peace causes appertaining to their natural jurisdiction do now encroach upon the jurisdiction of the common Law lest they should sit idle and reap no profit They added further That touching their proceedings in granting of Prohibitions concerning any of the said Articles two things were to be considered of first the matter then the manner touching the matter nothing hath bin done therein by the Court of Westminster but by good Warrant of Law and former judicial Precedents And for the manner they granted none in the Vacation time nor in their Terme time in any of their Chambers nor in the Court in the Terme-time ex officio but upon motion made in open Court by learned Councel and after a day prefixed and warning given to the adverse party c. Hereupon they proceeded to prove and confirm their answers by three kind of Authorities in Law First By Authority of High Court of Parliament Secondly By Judgement and judicial Precedents Thirdly By Book-Cases Concerning the Acts of Parliament they urged the Statute of Richard the second viz. That the Admiralls and their Deputies shall not meddle from henceforth with any thing done within the Realm of England but only with things done upon the Sea according to that which hath been duly used in the time of the Noble King Edward Grandfather to Richard the second Concerning the second proof by Judgements and Iudicial Precedents and the third by Book-Cases they alledged divers Cases which are to be seen in that great light and laborious Champion of the Common Law of England the Lord Coke in the third part of his Institutes But the Result of all which the Iudges of the Common Law driv ' at was that the Court of Admiralty was to take no Cognizance nor had power to determine any thing that had happened and should give occasion of Plea upon any Waters either fresh or salt that were within the Precincts of any County but it was tryable by the Common Law of England and by the Empanelment and Verdict of twelve men which is not the way of Tryal of the Civil Law by which the Admiralty is directed By this notable clash and contestation 'twixt the Iudges of Westminster-Hall and the Lord Admiral the Reader may learn what the extent of the Authority of that Court is and that the jurisdiction of the Admiral is confined to the high Sea In times past there were distinct Admirals in point of power as we read in Richard the seconds Raign the Earl of Northumberland was Admiral of the North and the Earl of Devonshire Admiral of the West who were to receive the Subsidy of Poundage and Tonnage for the garding of the Seas Among other Prerogatives which belonged to the Lord Admiral of England one was to erect Beacons upon the Maritim Coasts which word is derived from the old Saxon or Dutch Becnam which signifieth to give a signe as we use the word to becken at to this day Before the Reign of Edward the 3d there were but stakes of Wood set upon high places which were fired upon the discovery of any enemies but in his time pitched Barrels were set up and by the Law of the Land whosoever fired a Beacon commits Felony unless there were Authority and just cause for it In other Countries they are called Phares which are no other then speculatory or maritime monitory fires which serve for two ends as well to direct Seafaring men as to fore-warn the approach of an Enemy which with such wonderful celerity give the whole Land an Alarum and so puts them in a posture of defence But there are three main matters whereof the Lord Admiral is to take Cognizance which are Flotsan Ietsan and Lagan whereof the first is when a Ship is sunk and perished and the Goods floating upon the waters The second is Ietsan when in stresse of weather or other occasions the Goods are thrown over-board The third is when Goods are tyed to a Cork or Cable and may be found again But the Court of Admiralty hath not to do with Wrecks for then the Goods are deposited in the custody of the Officers of the next Town where if the Proprietor come within a twelve moneth and a day he may claim them by Law Henry the sixth did constitute by Charter Iohn Holland Duke of Exceter and Henry his Son to be Admirallos Angliae But the Iudges of the Common Law held that Charter to be invalid and the Reason they alledged was that that Charter being of a Iudicial Office it could not be granted to two When the former contestation happened 'twixt the Court of Admiralty and Westminster-Hall they were choyse powerful men at that time who swayed as Grandees of the Common Law as Sir Edward Coke the Lord Bacon Iudge Doddridge and Hubbard which made them carry the Bucklers from the Civilians at that time But there were some learned Treatises published afterward to vindicate the Right of the Civil Law which without controversie hath more in it of natural equity and reaches of pure Reason then any other It is the Product of that mighty Monarchy of the Romans who though they conquered by the Lance yet they conâ—erâ—ed by their Lawes so many vast distant Territories and Nations which they had subdued leading so many people Captive by their policy as much as by their Prowesse And indeed the Civil Law is fitted for the general Affaires of mankind and for all Nations For though every particular state hath some few municipal Lawes peculiar to it self yet no where beyond the Seas is there any profession or Science of Law but of the Civil nor are there any other studied in Vniversities Only in England there are Inns of Court which are equivalent to an Academy where lex Terrae or the common municipal Law of the Land is studied and Graduates proceed and are made therein accordingly which is no where else But the Civil Law extends to all man-kind And if regard be had to the University of humane Reason it is no where â—o narrowly discussed and eventilated and the judgement rectified by clear notions Moreover there is nothing of what nature soever it be but the Civil Law hath ordained a means to bring it to a Tryal either by giving a speciall action in the case or a general one releeving by ordinary remedies or if those fail by such as are extraordinary helping the Clyent Iure actionis or Officio Iudicis Yet there was one notable Example of one business that not only caused a clash 'twixt the Civilian and Common Lawyer but puzzel'd them both so that
representing whereof there were more theaters in London then any where else And it was a true observation that those comical and tragical Histories did much improve and enrich the English Language they taught young men witty Complements and how to carry their Bodies in a handsome posture Add hereunto that they instructed them in the stories of divers things which being so lively represented to the eye made firmer impressions in the memory Lastly They reclaimed many from Vice and Vanity for though a Comedy be never so wanton yet it ends with vertue and the punishment of vice 13. For a stately Cathedral Temple and Dome of devotion the time was that London did not yield to any City under the Sun in this particular Saint Pauls Church being esteemed by all Nations to be one of the eminentest and visiblest Temple one of the most glorious Piles of Stones under Heaven taking all the dimensions together with the chearful conspicuous Site thereof being near the Center of the City and upon a rising ground Being also founded upon Faith's by having a large Church of that name truckling as one may say under her Chancel Add hereunto what a comfortable Object it was to behold above twenty miles distance round about this goodly Structure raysing it self above the rest and serving as it were for a Crest to the whole City But now this famous Fabrick which was accounted the greatest glory of London is become her greatest shame For many Fortainers who are none of those that place any inherent Sanctity in senseless inanimat stones have bin overheard to say that Pauls Church in that posture she now is is the saddest sight and most ruthful Spectacle upon the Surface of the whole Earth nay some have bin heard to say that whereas a Stable became once a Temple in Palestine a Temple among us hath bin made a Stable nay they went further not sticking to say that as Christ was born in a Stable so Antichrist is like to be born in a Stable in England The time was that London was used to have a greater care of this Temple when a solemn Act of the Lord Mayors and Common Councel passed which stands yet upon good Record to this effect and stands still in force Forasmuch as the material Temples of God were first ordained for the lawfull and devout Assembly of people there to lift their hearts and lawd and prayse Almighty God and to hear his Divine Service and his holy Word and Gospel sincerely said sung and taught and not to be used as Markets and other prophane places or thorow faires by carriage of things And for that of late years many of the Inhabitants of the City of London and other people repairing thither do commonly use and accustom themselves very unseemly and unreverently the more the pitty to make their common carriage of great Vessels â—ll of Ale and Beere great Baskets full of Bread Fish Flesh and Fruit â—â—d such other things Fardels of Stuffe and other grosse Wares and things through the Cathedrall Church of Saint Pauls and some in leading Moyles Horses and other Beasts through the same unreverently to the great dishonour and displeasure of Almighty God and the great grief also and offence of all good people Be it therefore for remedy and Reformation thereof â—dained enacted and established c. That no person either fiâ—e or forren of what estate or condition soever do at any time from henceforth carry or convey or cause to be carried and conveyed through the said Cathedrall any manner of great Vessel or Basket with Bread Ale Beer Fish Flesh or any other like thing or things upon pain of forfeiture or loosing for every such his or their offence three shillings four pence for the second six shillings eight pence for the third ten shillings And for every other offence after such third time to forfeit ten shillings and to suffer two dayes and two nights imprisonment without Bayl or Mainprize The one moyety of all which pains and penalties shall be to Christs Hospital within Newgate and the other half to him that will sue for the same in any Court of Record within the City by Bill original Complaint or Information to be commenc'd or sued in the name of the Chamberlain of the said City for the time being wherein no Essoyne or wager of Law for the Defendant shall be admitted or allowed c. Such was the Reverence that London shewed her Cathedral Church not long agoe which may be said to look now like the hulk of a great weather beaten Ship that had cross'd the Line eight times forward and backward to the East Indies and lies rotting upon the Carine such is the condition of this stately Church which is like to be buried shortly in her own ruines and so become a heap of rubbish and then how bâ—ld London will look let them judge who have taken a judicious prospect of Her Moreover there 's another Reason that may induce London to prevent this for if Pauls were down She forfeits the name of a City for all Lawyers concur in this opinion that there can be no City without a Cathedral Church t' is but a Village without one or a Town at most therefore London hath great cause to wish that those unlucky Scismaticks had never bin born who first brought Pauls Church to this pittiful passe for it may well be said that all those casual fires which she suffered whereof there were many did not do her as much mischief as the faruous fires of some fanatical Zelots have done as one said also of the House of Peers that the Long Parliament was more destructive unto it then the Powder-plot had bin if it had taken effect Touching particular appropriated places for the service of God We know there were such from the beginning As soon as Noah got footing on dry ground he erected an Altar which was in liue of a Church the Patriarks had theirs then from Altars they came to have Arks and ambulatory Tabernacles and we read what a conceit of holiness was carried towards them Then Salomon by Instructions from Heaven did build a fix'd and standing material Temple And we well know how highly our Saviour himself was incensed against the money changers and others who prophan'd that place and what sharp reprehensions his Apostle gave afterwards to those who used to eat and drink in those places which were appointed for devotion That Hyperâ—â— or room where our Saviour did please to celebrate the Passe-over and institute his last Supper may well be thought to have more Sanctity in it then an ordinary Chamber considering how many holy things were done there afterwards for our Saviour appeared in that very place twice after his Resurrection the Holy Ghost came down in cloven tongues in that place Iames was created Bishop of Hierusalem and seven Deacons were elected in that place which in regard of so many holy transactions was enlarged and made afterwards a goodly Church long