Bench so called because anciently the King sometimes there sate in person on a high Bench and his Judges on a low Bench at his Feet to whom the Judicature belongs in the absence of the King In this Court are handled the Pleas of the Crown all things that concern loss of life or member of any Subject for then the King is concerned because the Life and Limbs of the Subject belong only to the King so that the Pleas here are between the King and the Subject Here are also handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court moreover hath power to examine and correct all Errors in facto in jure of all the Judges and Justices of England in their Judgements and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and mixt except only in the Exchequer In this High Court sit commonly Four Grave Reverend Judges whereof the First is stiled the Lord Chief Justice of the Kings Bench and is created not by Patent but by a short Writ thus Johanni Keeling Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste me ipso apud Westm The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenirint salutem Sciatis quod constituimus dilectum fidelem Richardum Rainsford Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Judges and all the Officers belonging to this Court have all Salaries from the King and the chief of them have Robes and Liveries out of the great Wardrobe In this Court all young Lawyers that have been called to the Bar are allowed to plead and practice This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction of this Court is general and extendeth to all England is more uncontroulable than any other Court for the Law presumes that the King is alwayes there in person None may be Judge in this Court unless he be a Serjeant of the Degree of the Coif that is a Serjeant at Law who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after A List of the several Officers belonging to His Majesties Court of Kings-Bench LOrd Chief Justice Sir John Keeling Knight Justices are Sir Thomas Twisden Knight and Baronet Sir Richard Rainsford Knight Sir William Morton Knight Clerk of the Crown Sir Thomas Fanshaw Knight his Secondary Jasper Waterhouse Esquire Protonotary Sir Robert Henley Knight his Secondary William Livesay Esquire Marshal or Keeper of the Kings Bench Prison Stephen Mosedell Esquire Custos Brevium Justinian Paget Esquire Andrew Vivean and Francis Woodward Clerks of the Paper Office Sealer of the Writs Edward Coleman Gilbert Barrel Clark of the Rules Clerk of the Errors Henry Field George Bradford Clerk for Filing Declarations a Cryer Porter and some other inferiour Officers Then there are Filacers for the several Counties of England whose Office is in this Court to make out all Process upon original Writs as well real as personal and mixt They were lately these that follow Humphrey Ironmonger Edward Parnel James Buck Samuel Astrey Francis Greg John Hynde Thomas Stone Thomas Leach Gilbert Eveleigh Henry Ewin Joshua Langrige William Oglethorp John Philips William Osborn Rob. Hyde and Anthony Rouse The manner of Tryals in this and all other Common Law Courts in England being different from that of all other Countries and peculiar to England shall be at large described apart in a Chapter with other peculiars Of the Court of Common Pleas. THe next Court for execution of Laws is the Court of Common-Pleas so called because there are debated the usual Pleas between Subject and Subject Some say this Court as well as other Courts were at first held in the Kings House wheresoever he resided but by the Statute of Magna Charta it was ordained that this Court should not be ambulatory but be held at a certain place and that hath ever since been in Westminster-Hall None but Serjeants at Law may plead in this Court and so many of them as the King shall appoint are bound by oath to assist all that have any Cause depending in that Court This Court may grant prohibitions as the Court of the Kings Bench doth The chief Judge in this Court is called the Lord Chief Justice of the Common-Pleas or of the Common-Bench holdeth his place by Letters Patent durante bene placite and so do the other inferiour Judges of this Court whereof there are commonly three In this Court all Civil Causes Real and Personal are usually tryed according to the strict Rule of the Law Real Actions are pleadable in no other Court nor Fines levyed or Recoveries suffered but only in this Court at Westminster The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine â—s is done to the Lord Chief Justice of the other Bench also to the other Judges of this Court and to four Serjeants is allowed Fees Reward and Robes to each one In the 11th and 12th of Edward 3. there were eight Judges belonging to the Common Pleas at other times seven six and five and so in the time of Henry 6. and Edward 4. but since usually but four as at this day Before the Reign of Queen Mary these and the rest or the twelve Judges rode upon Mules and not upon Horses as they now do in great State aâ— the beginning of the Term. A List of the several Officers belonging to His Majesties Court of Common-pleas LOrd Chief Justice Sir John Vaughan Kt. Sir Thomas Tyrrel Kt. Sir John Archer Kt. Sir William Wylde Kt. and Bar. these are the present Judges of that Tribunal Then there is an Officer called Custos Brevium the first Clerk of the Court whose Office it is to receive and keep all Writs returnable in that Court to receive of the Protonotaries all the Records of Nisi Prius called Postea's He holdeth his Place by Patent from the King and hath the Gift of the second Protonotary's Place and of the Clerk of the Juries· Sir Joseph Ash hath this Office and doth execute it by his Deputy Thursby Esquire There are three Protonotaries a word compounded of Greek and Latin which with the Antients was usual and signifies the first Notaries they are chief Clerks of this Court and by their Office are to enter and inroll all Declarations Pleadings which the Filazers did formerly promiscuously do Assises Judgments and Actions to make out Judicial Writs c. These considerable Offices are in the hands of Thomas Robinson Alan Lockhart and Humphrey Wirley Esquires The Chirographer also from two Greek words signifying to acknowledge a Debt by setting ones
THE SECOND PART OF THE PRESENT STATE OF England Together with DIVERS REFLECTIONS UPON The Antient State thereof By EDWARD CHAMBERLAYNE Dr of Laws and Fellow of the Royal Society The SECOND EDITION Corrected and newly Augmented In Magnis voluisse sat est In the SAVOY Printed by T. N. for John Martyn Printer to the Royal Society and are to be sold at the Sign of the Bell in St. Pauls Church-Yard 1671. ORNATISSIMO CONSULTISSIMOQUE VIRO D. JOS. WILLIAMSON ARMIG E SOCIETATE REGIA LONDINENSI IN REGNI COMITIIS SENATORI REGIAE MAJESTATI AB ARCHIVIS STATUS ET INTIMIORI CONCILIO A SECRETIS HOC QUALE-QUALE ENGHIRIDIUM L. M. D. C. Q. E. C. TO THE READER IN a former small Treatise intituled The Present State of England the Author having given a succinct Account of the Government in general as it is Monarchical and therein of the King Queen Princes and Princesses of the Blood of the Great Officers of the Crown of the Kings Queens and Duke of Yorks Courts of the Three States of England Clergy Nobility and Commons and of divers other remarkables In this Second Part of the Present State of England he hath endeavored to describe with the like brevity the Particular Government of England Ecclesiastical Civil and Military The several Courts of Justice the Offices and Officers belonging thereunto and for the sake of Foreigners to exhibite a particular Description of the Famous City of London of the Two Renowned Universities c. In erecting such a spacious and various Edifice the Spectator at first view will hardly conceive how much pains was bestowed in digging the Foundation in raising Scaffolds in finding conveying and fiting Materials in contriving the Architecture in removing the Rubbish c. Other Builders consult onely their own Brains and the Dead that is Books whereunto access may be had at all hours but in this Work the Living and the choicest among them were to be advised with whereof some were far distant others seldom at leisure some unwilling to communicate their Knowledge others not at all affable However if the Reader reaping in few hours the Fruits of many Moneths labor shall receive any content the Author will not onely be satisfied for this but encouraged for another like Enterprise THE CONTENTS A. ADmiral 176 Admiralty 179 Archbishops 16 Archdeacon 29 Arches Court 39 249 Audience Court 40 B. Becons 161 Benchers 111 Bishops Function 17 Bishops Jurisdiction 17 Bishop making 21 Bishops Consecration 24 Bishops Translation 26 Britains Burse 202 C. Castles 161 Chancellours 40 Chancery Court 131 Chancery Officers 138 Civilians Colledge 249 Civilians a List 251 Christmas at Inns of Court 241 Church-Wardens 31 Clerk of the Market 150 High Commission Court 38 Common Pleas 112 Common Pleas Officers 114 Company of Traders 213 Constables High 149 Constables Petty 152 Convocation 34 Coroners 149 Court of Archdeacons 35 Court of Delegates 39 257 Court of Kings Bench 109 Court of Lords 106 Cursitors 142 Custom-house 226 D. Dean and Chapter 27 Deans Rural 29 Doctors Commons 249 E. Ecclesiastical Government 15 Ecclesiastical Persons ib. Ecclesiastical Censures 20 Ecclesiastical Causes 41 Ecclesiastical Laws 42 Ecclesiastical Tryals ib. Ecclesiastical Punishments 43 Exchange Royal 202 Exchequer 118 Exchequer Officers 120 Exchequer lower 124 Excommunications 43 G. Garrisons 156 Government of Cities 150 Government Civil 49 Government of Counties 145 Government Ecclesiastical 15 Government Military 154 Government of Villages 152 Grammar School 275 H. Heralds Colledge 266 House of Commons 71 House of Lords ib. I. Innes of Court 234 Innes of Chancery 233 Inner Barristers 237 Judges 246 L. Lancaster Dutchy 130 Laws of Rhodes 180 London Bridge 224 London burnt 197 London Character 188 London City ib. London Colledges 232 London Government 206 London rebuilt 201 London Tower 215 London Tythes 207 Lord Mayor 209 Lords Lieutenants 298 M. Master of the Ordnance 216 Merchants 205 Military Government 154 Militia Maritime 162 Militia standing 158 Mint 217 Mooting 240 N. Navy Charges 187 Navy Office 183 O. Officers of Common Pleas 114 Officers of Exchequer 120 Officers of Kings Bench 111 Ordination of Deacons 32 Ordination of Priests 33 P. Parliament 49 Parliament men 73 St. Pauls London 193 Paper Office 14 Patrons of Churches 30 Peculiar Court 40 Penance 46 Post Office 227 Prebendary 28 Prerogative Court 40 256 Privy Council 2 Privy Council Clerks 12 Privy Councellors 6 Privy Seal Clerks 14 Physitians Colledge 258 Physitians a List 260 R. Reader at the Innes of Court 238 Records in the Tower 217 Rectors Office 30 River New 204 Rool'd Oleron 180 Royol Soveraign 166 S. Secretaries of State 116 Signet Clerks 12 Sexton or Clerk 32 Sheriffs of Counties 147 Ships a List 169 Sergeants at Law 243 Sergeants Inne ibid. Sergeants making 245 Southwark 280 T. Thames 203 Trade of London 205 Tower Lieutenant 222 V. Vice Admiral 176 Vicar General 257 Universities 281 Utter Baristers 237 W. Wardrobe Office 230 Westminster 277 Angliae Notitia OR THE PRESENT STATE OF ENGLAND The Second Part. Of the Government of England in particular and First of the Kings most Honourable Privy Council THe Government of England in particular is either Ecclesiastical Civil or Military wherein the King is supreme Governour in all Causes and over all Persons from him is derived all Authority and Jurisdiction He is quasi Intellectus Agens Forma formarum vel potius Mundi Anglici Deus And the Primum Mobile thereof from whence all the Inferiour Orbes derive their Motion is that Noble Honourable and Reverend Assembly called Concilium secretum Privatum vel Continuum Regis Concilium which is a Court of such Antiquity and Honour that it may be said to be higher then the highest Court of England as the Parliament is usually called for our Parliaments are not only much younger but also may truly be said to be the Productions of the Kings Privy Council as appears by the words of the Writ for summoning of a Parliament This is the highest watch Tower of the Nation wherein the King with all his good Centinels and Watchmen about him takes a careful survey of all his Dominions and sometimes of all the Domininons of the World as any of them have any Relation to his where he Consults and Contrives how to protect his numberless Subjects not onley from Injuries amongst themselves but from the wrongs and violences of all other Nations where he doth consult and watch for the publick good Honour Defence Profit and Peace of all his people Before the later end of Henry the Third Quod provisum fuit per Regem Concilium suum Privatum sigilloque Regis confirmatum proculdubio legis vigorem habuit saith Spelman The Primitive and ordinary way of Government in England was by the King and and his Privy Council and all our Kings have acted much by it determining Controversies of great importance soemtimes touching Lands and Rights between party and party whereof there are very many Precedents and the Judges of
a Bishop for their Prolocutor and the Lower being required by the Highe House to choose them a Prolocutor or Speaker which done they present him to the Upper House by two of their Members whereof one makes a Speech in Latin and then the Elect person makes another Speech in Latin Lastly the Archbishop answers in Latin and in the name of all the Lords approves of the person Both Houses debate and transact only such matters as His Majesty by Commission expresly alloweth In the Upper House things are first proposed and then communicated to the Lower House The Major vote in each House prevailes Out of Parliament time they usually assemble every day about Nine of the clock and first the Junior Bishop sayes prayers in Latin beginning with the Letany and then for the King c. And in the Lower House the Prolocutor says prayers In Convocation are debated only matters concerning Religion and the Church and sometime of giving His Majesty assistance in Money for as the Laity cannot be taxed without their own consent signified by their Representative in Parliament so the Clergy cannot be taxed without their consent signified by their Representative in Convocation The Clergy in Convocation might antiently without asking the Royal Assent and now may with the Royal Assent make Canons touching matters of Religion to bind not only themselves but all the Laity with-out consent or ratification of the Lords and Commons in Parliament Till the late Rebellion the Parliament did not at all meddle in the making Canons or in matters Doctrinal or in Translation of Scriptures only by their civil Sanctions when they were thereto required did confirm the Results and Consultations of the Clergy that so the people might be the more easily induced to obey the Ordinances of their Spiritual Governors The Clergy of England had antiently their Representatives in the Lower House of Parliament as appears by that antient Record so highly prized by the late Lord Coke and as the Upper House had and still hath Lords Spiritual as well as Temporal so in the Lower House there were always Commons Spiritual as well as Temporal for that Record saith expresly that the Commons in Parliament consist of three degrees or kinds First ex Procuratoribus Cleri Secondly ex Militibus Comitatuum Thirdly ex Burgensibus and the words of the Writ directed now to the Procuratores Cleri seem to give them the very same right to sit in that House as the words of the Writ to the Knights Citizens and Burgesses do give to them All the Members of both Houses of Convocation have the same priviledges for themselves and menial Servants as the Members of Parliament have and that by Statute The Archbishop of York at the same time holds at York a Convocation of all his Province in like manner and by constant correspondence doth debate and conclude of the same matters as are debated and concluded by the Provincial Synod of Canterbury Now for the Executive power in Church matters throughout the Kingdom of England there have been provided divers excellent Courts whereof the highest for criminal Causes was the High Commission Court for the jurisdiction whereof it was enacted primo Elizabethae that Her Majesty and Successors should have power by Letters Patents under the Great Seal to nominate Commissioners to exercise jurisdiction throughout the whole Realm to visit reform and correct all Errors Heresies Schisms Abuses and Delinquencies that may by any Ecclesiastical power be corrected or reformed This Court consisted of the highest persons of England in the Church and State and was the principal Bulwark and Preservative of the Church of England against the practices and assaults of all her Adversaries whether Romanist Puritan or Atheist yet for some pretended abuses the use thereof was taken away in the late seditious long Parliament whereupon followed a deluge of Errors in Religion Apostacy Atheism Blasphemy Sacriledge Incest Adultery impious Libels Schisms Conventicles c. all which so overwhelmed the manners of English men and occasioned at length so many profest Atheists that until the re-establishment of this or the like Court there cannot a Reformation be reasonably hoped for For civil affairs that concern the Church the highest Court is the Court of Delegates for the jurisdiction whereof it was provided 25 H. 8. that it shall be lawful for any subject of England in case of defect of justice in the Courts of the Archbishop of Canterbury to appeal to the Kings Majesty in his Court of Chancery and that upon such 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 of Canterbury there lies an Appeal to this Court of Delegates and beyond this to none other Next to the Court of Delegates are the Courts of the Archbishop of Canterbury where any Ecclesiastical Sutes between any persons may waving all inferior Courts be decided amongst them the highest Court is the Court of Arches so called from the Arched Church and Tower of S. Maries in Cheapside London where this Court is wont to be held the Judge whereof is called Dean of the Arches having jurisdiction over a Deanery consisting of 13 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 Court belongs divers Advocates all Doctors of the Civil Law two Registers and ten Proctors the Dean at present is Doctor Sweat In the next place the Archbishop of Canterbury hath his Court of Audience kept within the Archbishops Palace and medleth not with any difference between parties but concerning Elections and consecration of Bishops Admission and Institution to Benefices dipensing with Banes of Matrimony c. The next Court is called the Prerogative Court which judgeth of Estates fallen by Will or by Intestates so called because the Archbishops jure Praerogativae suae hath this power throughout his whole Province where the party at the time of death had 5 l. or above in several Dioceses and these two Courts hath also the Archbishop of York Lastly the Court of Peculiars which dealeth in certain Parishes lying in several Dioceses which Parishes are exempt from the jurisdiction of the Bishops of those Dioceses and are peculiarly belonging to the Archbishop of Canterbury in whose Province there are 57 such Peculiars Besides these Courts serving for the whole Province every Bishop hath his Court held in the Cathedral of his Diocess over which he hath a Chancellor tearmed antiently Ecclesiecdicus Episcopi Ecdicus the Church Lawyer or the Bishops Lawyer who being skill'd in the Civil and Canon Law sits there as Judge and if his Diocess be large he hath in some more remote place a Commissary whose authority is only in some certain place of the Diocess and some certain Causes limited to him by the Bishop in his Commission and these are called Consistory Courts
Moreover every Archdeacon hath his Court and Jurisdiction where smaller differences arising within his limits are pleaded Also the Dean and Chapter hath a Court and take cognizance of Causes happening in places belonging to the Cathedral Lastly there are certain peculiar Jurisdictions belonging to some certain Parishes the Inhabitants whereof are exempt sometimes from the Archdeacons Jurisdiction and sometimes from the Bishops Jurisdiction Causes belonging to Ecclesiastical Courts are Blasphemy Apostasie from Christianity Heresies Schisms Ordinations Institutions of Clerks to Benefices Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Probate of Wills Administrations Simony Incests Fornications Adulteries Solicitations of Chastity Pensions Procurations Commutation of Pennance c. the cognizance whereof belongs not to the Common Law of England The Laws and Constitutions whereby the Ecclesiastical Government doth stand and the Church of England is governed are first general Canons made by general Councels also the Arbitria sanctorum Patrum the opinion of Fathers the grave Decrees of several Holy Bishops of Rome which the Kings of England from time to time have admitted Next our own Constitutions made antiently in several Provincial Synods either by the Legats Otho and Othobon sent from Rome or by several Archbishops of Canterbury all which are by 25 H. 8. of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Then the Canons made in Convocations of later times as primo Jacobi and confirmed by his Royal Authority Also some Statutes enacted by Parliament touching Ecclesiastical affairs And lastly divers Customs not written but yet in use beyond the memory of man and where these fail the Civil Law takes place The manner of Tryals by these Laws and Customs are different from the Tryals at Common Law and are briefly thus First goes forth a Citation then Bill and Answer then by Proofs Witnesses and Presumptions the matter is argued pro and con and the Canon and Civil Laws quoted then without any Jury the definitive sentence of the Judge passseth and upon that Execution And this is the manner of trying Ecclesiastical Civil Causes but Ecclesiastical criminal Causes are tryed by way of Accusation Denunciation or Inquisition The first when some one takes upon him to prove the crime the second when the Churchwardens present and are nor bound to prove because it is presumed they do it without any malice and that the crime is notorious Lastly by Inquisition when by reason of common fame inquiry is made by the Bishop ex officio suo by calling some of the neighborhood to their Oaths or the party accused to his Oath ex officio so called because the Ecclesiastical Judge doth it ex officio suo which is very antient and was usual among the Jews so Joshua to Acan Fili mi tribue gloriam c. So God himself to Adam upon his first transgression and likewise afterward to Sodom but by the prevailing faction in the long Parliament this power was extorted from the Church the want whereof is one main cause of the great libertinisme and debauchery of the Nation Now the punishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws proceed in this manner First the party delinquent is admonish'd next goes forth minor Excommunicatio whereby he is excommunicated or excluded from the Church or if not from the Church yet from the Communion of the Lords Supper is disenabled to be Plaintiff in a Law Sute c. And this commonly for stubborness shewed by not appearing in the Ecclesiastical Court upon summons or not obeying the Orders of the Court which though in smallest matters yet may be a very great crime for Res praecepta quo facilior est observatu eo praecepti violatio est gravior cum fit magis spontanea as S. Austin observes of the first sin of Adam Any command by how much the easier it may be observed by so much the more grievous is the breach thereof because it is the more voluntary besides in contempts it is not so much the violation of the Law as of the Authority which ought to be resented And herein the Church of England proceedeth no otherwise than the State of England for so odious in the eye of the common Law of Enland is the contempt thereof that not only for Felonies but even in an Action of the case in an Action of a small Debt Account or Detinue if a man will not appear and submit himself to a Tryal at Law a Process of Outlawry is grounded against him and he being once Outlawed he is out of the protection of the Law Caput gerit lupinum saith Bracton an Outlaw'd was antiently lookt upon as a Wolf lawfully to be killed by any man that should meet him as most just that he who contemned the Law and therein the King should not have benefit by the Law nor protection from the King and at this day he is to loose all his Goods and Chattels The Reader will easily pardon this digression when he considers the general cry against Excommunications at this day This power of lesser Excommunication the Bishop may delegate to any grave Priest with the Chancellour Excommunicato major is not only an exclusion from the company of Christians in Spiritual Duties but also in Temporal affairs and this commonly for Heresie Schism Perjury Incest and such grievous crimes and that it may be done with the more solemnity and terror it is to be pronounced by the Bishop himself in his proper person and being so Excommunicated a man cannot in any Civil or Ecclesiastical Court be Plaintiff or Witness And in case any man be so stubborn as to continue 40 days excommunicated the Kings Writ de excommunicato capiendo is granted forth of the Chancery against him whereupon he is cast into prison without Bail there to lie till he hath satisfied for his offence Next there is Anathematismus to be inflicted only upon an obstinate Heretick whereby he is declared a publick Enemy of God and rejected and cursed and delivered over to eternal damnation and this to be done by the Bishop also in his own person assisted by the Dean and Chapter or twelve other grave Priests Lastly there is Interdictum whereby is prohibited all Divine Offices as Christian an Burial Administration of Sacraments c. in such a Place or to such a People and if this be against a People it follows them wheresoever they go but if against a Place only then the People of that Place may go to Divine Offices elsewhere Besides these general censures of the Church which respect Church Communion there is another which toucheth the body of the Delinquent called Publick Penance when any one is compelled to confess in publick his fault and to bewail it before the whole Congregation in the Church which is done in this manner the
hand is an Officer who ingrosseth Fines acknowledged c. He holdeth his Place also by Patent and is at present Mr. Sparks in trust for Sir William Drake who doth execute it by a Deputy Mr. Wayt. All these Officers aforementioned sit in the Court covered with black round knit Caps according to the mode immediately before the invention of Hats which was since the beginning of the Reign of Queen Elizabeth Moreover they are all sworn and have their Offices for life as a Freehold There are in this Court 3 Officers unsworn and hold their Places durante bene placito One Clerk of the Treasury Mr. George Ingram who hath the charge of keeping the Records of this Court and makes out all Records of Nisi Prius and divers other things This Office is in the Gift of the Lord Chief Justice 2. Clerk of the Inrolements of Fines and Recoveries who is by Statute under the three puisne Judges of this Court and removeable at their pleasure Note that the Inrolement of Fines and Recoveries or any part thereof by Stat 23 Eliz. cap. 3. is of as good force and validity in Law to all intents and purposes for so much of any of them so inrolled as the same being extant and remaining were or ought by Law to be The general neglect whereof in this Kingdom hath occasioned many Law Suits and hath proved in process of time exceeding dangerous to many mens Estates 3. The Clerk of the Outlawries Mr. Annuel who makes out the Writs of Capias Utlagatum after the Outlawry in the name of the Kings Atturney whose Deputy he is pro tempore There are five Clerks more 1. Clerk of the Kings Silver Henry Nurse Esquire unto whom every Fine or Final Agreement in sale of Lands is brought after it hath been with the Custos Brevium and to whom Money is paid for the Kings use 2. Clerk of the Warrants Mr· Thomas Brown executed by a Deputy Mr. James Mayo who entreth all Warrants of Atturney for Plaintiff and Defendant 3. Clerk of the Juries Mr. John Green who makes out the Writs called Habeas Corpora and Distringas for appearance of the Jury either in this Court or at the Assises in the Country 4. Clerk of the Essoins or Excuses for lawful cause of absence Mr. Townley 5. Clerk of the Super sedeas Mr. Abbot which is held by Patent but before King James time made by the Exchequer In this Court are also Filazers for the several Counties of England so called from the French Fil a Thred because they file their Writs These make out all Process upon Original Writs and do many other things too long to be here set down of these there are 14. viz. Fabian Philips Esquire who hath London Middlesex Huntington and Cambridge Shires The rest of the Counties are divided amongst these that follow Sir Roger Hill Henry Dutton Spicer Grey Fr. Hill Robert Child Charles Clare Sir Thomas Stringer Thomas Child Bennet Mark Hildesley Herbert Matthews and Hughes who is Protonatory Filazer and Exigenter of Monmouth by Patent the rest in the Gift of the Lord Chief Justice and hold for life There are also four Exigenters whose Office it is to make all Exigents and Proclamations in all Actions where process of Outlawry doth lye This Writ is called an Exigent because it exacteth the Party that is requireth his appearance to answer the Law and lies against a Transgressor of the Law that cannot be found nor any of his Goods within the County so that after summons by the Sheriff at five several County Courts if he appear not he is outlawed The four Exigenters at present are William Petty John Dawling Charles Clare and Silvester Petty all in the Gift of the Lord Chief Justice and are for life There are also belonging to this Court four Cryers and a Porter Of the Court called the Exchequer THe next Court for Execution of Laws is that called the Exchequer so called as some think from a Chequer-wrought Carpet covering the great Table in that Court as the Court of Green Cloth in the Kings house is so called from the Green Carpet or else from the French word Eschequier a Chess board because the Accomptants in that Office were wont to use such Boards in their Calculation Here are tryed all causes which belong to the Kings Treasury or Revenue as touching Accounts Disbursements Customs and all Fines imposed upon any man In this Court may sit the Lord Treasurer the Chancellor of the Exchequer the Lord Chief Baron and four other Learned Judges called Barons of the Exchequer and one other Cursitor Baron but the two first seldom sit and the five last Seldom fail The first of these five is the Principal Judge of this Court and answers the Bar or the Baristers who direct their Speech to him takes Recognizances for the Kings Debts c. It is an Office of High Honour and Profit he is styled Lord Chief Baron is Created by Letters Patents to hold this Dignity Quam dieu bene se gesserit wherein he hath a more fixed estate then the Chief Justices of either Bench for the Law intends this an Estate for Life in the absence of the Lord Chief Baron the other three Barons supply his place according to their Seniority but the fifth is said to be a Cursitor of the Court and administers the Oaths to the Sheriffs Under-Sheriffs Baylifs Searchers Surveyors c. of the Custom-house In the Exchequer are held two Courts one of Law another of Equity All Judicial Proceedings according to Law are coram Baronibus but the Court of Equity held in the Exchequer Chamber is coram Thesaurario Cancellario Baronibus This Court had its beginning primo Ph. Mar. The Authority of this Court is of original jurisdiction without any Commission Note also that all the other forementioned Courts were not Instituted by any Statute or written Law but have their Original from the antient Custom of the Kingdom For a long time after the Conquest there sat in the Exchequer both Spiritual and Temporal Barons of the Realm and in later times there sate in their places others that were not Peers of the Realm yet stiled Barons quia ibi sedere solebant Barones All the Twelve Judges belonging to these High Tribunals sit in Robes and Square Caps like those Doctors of Divinity because as some say they were antiently most commonly Clergy-men and Doctors Bishops or Prelates A List of the several Officers belonging to His Majesties Court of Exchequer In the Vpper Exchequer THe Kings Remembrancer Thomas Lord Vicount Fanshaw in whose Office are 8 sworn Clerks whereof John Payn and Thomas Hall Esquires at present are the two Secondaries the rest are Ansel Beaumont Hugh Frankland Butler Buggin George Wats Nicholas Sanders c. In this Office pass all the Accounts concerning the Kings Revenue for Customs Excise Hearth-money Subsidies and all Ayds granted to the King in Parliament and all other Accounts of what nature soever
Next is the Auditor of the Receipts Sir Robert Long whose Office is to file the Bills of the Tellers whereby they charge themselves with all moneys received and to draw all Orders to be signed by the Commissioners of the Treasury for issuing forth all moneys by vertue of Privy Seals which are recorded and lodged in his Office He also makes debentures to the several Persons who have Fees Annuities or Pensions by Letters Patents from the King out of the Exchequer and directs them for payment to the Tellers He receives every week the state of the account of each Teller and also weekly certifies the whole to the Commissioners of the Treasury who immediately present the estimate or Ballance to the King He takes the Tellers Accounts in gross at Easter and Michaelmas By him are kept the several Registers appointed for paying all persons in course upon several Branches of the Kings Revenue He is Scriptor Taliorum hath five Clerks to manage the whose estate of Moneys received disbursed and remaining Next there are four Tellers Laurence Squib John Loving Esquires Sir George Downing aforementioned and Sir William Doily Kt. Their Office is to receive all moneys due to the King and thereupon to throw down a Bill through a Pipe into the Tally Court where it is received by the Auditors Clerk who there attends to write the words of the said Bill upon a Tally and then deliver the same to be entred by the Clerk of the Pells or his under Clerk who there attends to enter it in his Book then the Tally is cloven by the two Deputy Chamberlains who have their Seals and while the Senior Deputy reads one part the Junior examines the other part with the other two Clerks Clerk of the Pells is William Wardour Esquire whose Office is to enter every Tellers Bill into a Parchment skin in Latin Pellis whence this Office hath its name all receipts and payments for the King for what cause or by whom soever and is in nature of a Comtroller hath four Clerks whereof one is for the Introitus and another for the Exitus Moreover he is to make weekly and half yearly Books both of the Receipts and Payments which are delivered to the Commissioners of the Treasury In the Tally Court sit the Deputies of the two Chamberlains Edward Faulconbridge and John Low Esquires who cleave the Tallies and examine each piece a part A Tally in the Exchequer from the French Verb Tailler to cut is a very antient and most certain way of avoiding all cozenage in the Kings Revenue the like no where else in Christendom and is after this manner He that payes the King any moneys receives for his Acquittance a Tally that is the one half of a stick cloven with certain proportionable Notches thereon expressive of the sum from the said Deputy Chamberlains who keep the other cloven part of the stick called the Foyl and deliver it to the Tally-Joyners on the other side of the Exchequer who are also Deputies to the Chamberlains and they joyn it with the Foyl which agreeing they give it their Test and send it by an Officer of their own to the Pipe where their Quietus est is engrossed in Parchment Other Officers in the Exchequer are the two Ushers Robert and Philip Packer Esquires whose Office is to take care to secure the Exchequer by day and by night and all the Avenues leading to the fame and to furnish all necessaries as Books Paper c. There is also a Tally Cutter and four Messengers By long continuance and the wisest contrivances that the ablest men of many ages could invent the Exchequer of the King of England is become the best ordered publick Revenue in the world Though the number of Officers in the Exchequer is far greater than in any other of the Kings Courts yet not near so great as the Financiers and other Officers belonging to the Revenues of the French King who are so many that their Fees eat up three parts in four of the whole Revenue whereas for rewarding all the Officers in the English Exchequer whereof most are ever persons of Estates Parts and great Integrity it costs the King a very inconsiderable sum of money as will easily appear to any one who shall consider that in case of a gift from the King of Moneys or Pension out oâ— his Exchequer he that receives it pays but 5 l. per cent amongst the Tellers Auditors Clerk of the Pells and their Clerks and to all other Officers whatsoever and which is remarkable there goes not amongst the said Officers and Clerks so much as 5 s. per cent out of publick Payments as for the Navy Ordnance Wardrobe Mint to the Cofferer Treasurer of the Chamber c. In case of Moneys paid in by any of the Kings Tenants Receivers it costs them sometimes but six pence and at most but 3 s. for every payment under a thousand pounds and that goes only to the Clerks for their pains in writing and attending The bringing in of all moneys to the King costs his Majesty amongst Receivers Collectors and all others in the Country not above 2 s. in the pound and at his Exchequer it costs him in a manner nothing at all for the Tellers who are bound to the King in 20000 l. security for the true discharge of their great trusts have under 33 l. per an for their Salary from the King and the two Clerks of each Teller who constantly attend their Offices have nothing at all from the King The Court of the Dutchy of Lancaster THere is another Court at Westminster called the Court of the Dutchy of Lancaster which takes Cognizance of all Causes that any way concern the Revenue belonging to that Dutchy which hath been long since annext to the Crown The chief Judge of this Court is the Chancellor of the Dutchy who is assisted by the Atturney of the Dutchy There are divers other Officers of this Court a list of whose Names here follow Sir Thomas Ingram Chancellor and one of His Majesties most honourable Privy Council Sir John Heath Atturney Genera Sir John Curzon Receiveâ— General Sir Thomas Trevor Knight of the Bath and John Fanshaw Esq Auditors Sir Gilbert Gerard Clerk of the Dutchy Thomas Desborough Messenger This Court is kept at Westminster by the Lower Exchequer and the Office of Sir Gilbert Gerard at Grays Inn. Of the High Court of Chancery NExt to the Kings Bench in Westminster-Hall is wisely placed this High Court to mitigate the Rigour of that it is called Curia Cancellariae as some judge because as some think the Judge of this Court sate antiently intra Cancellos or Lattices as the East end of our Churches being seperated per cancellos from the body of the Church as peculiarly belonging to the Priest were thence called Chancels This Court is the Officina Justiciae the Womb of all our Fundamental Laws the Fountain of all our proceedings in Law the Original of all other Courts
are as the Dies Nefâ—sti wherein the Courts sit not so that in one fourth part of the year and that in one City all considerable causes of the greatest part of England are fully decided and determined whereas in forreign parts the Courts of Justice are open all the year except high Holydayes and Harvest and that in all great Cities This may seem therefore strange to all Forreigners till they know that the English have alwayes been given more to peaceableness and industry then other people and that rather then go so far as London and be at so great Charges with Attourneyes and Lawyers they will either refer their differences to the Arbitration of their Parish Priests who do or ought to think it a Principal part of their Duty to reconcile differences within their Parishes or to the Arbitration of honest Neighbours or else are content to submit their differences to tryal before the Judges of Assises or the Itinerant Judges who twice a year viz. after the end of Hilary Term and after the end of Trinity Term two by two of these principal Judges ride several Circuits and at the Principal Town of every County sit to hear and determine all Causes of lesser moment both civil and criminal a most excellent wise Constitution begun by King Hen. 2. Anno 1176. who at first divided England into six Circuits not the same that are now and to each Circuit allotted three judges Wales also is divided into two Circuits North and South Wales for which are designed in like manner two Sergeants at Law for each Circuit These Judges give Judgment of the Pleas of the Crown and all Common Pleas within those Counties dispatching ordinarily in two or three days all Controversies in a County that are grown to issue in the fore-mentioned Courts at London between Plaintiffs and Defendants and that by their Peers a Jury of 12 men ex viceneto out of the neighbourhood where about the business lyes So that twice a year in England and Wales Justice may be said to be rightly and speedily administred even at our own doors Besides the forementioned Courts at Westminster Henry 8. erected for the more ease of the Subject a Court in the North of England another for the County of Wales and Counties adjoyning and intended another for Cornwall and Devonshire and these in manner of those Courts called in France Parlements where all cases might be decided both according to the Laws of England and according to equity in Chancery Of these Courts that for Cornwal was never fully erected those people desiring rather to come to London for Justice that of the North was by the late long Parliament taken away and so was that of Wales but this last since the Restauration of the King again erected Of this Court or Council of the Marshes of Wales is a Lord President at present the Lord Vaughan Earl of Carbury divers Councellors Secretary Attourney Sollicitor Surveyor who have Salaries from His Majesty HAving given a brief Account of the Civil Government of all England in General next shall be described the particular Government of Counties Hundreds Cities Burroughs and Villages For the Civil Government of all Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers men of worth and parts who have their usual residence in the County so many as His Majesty pleaseth to keep the Peace of the County and these by Commission under the great Seal are called Justices of Peace and such of them in whom the King doth more particularly confide or respect are called Justices of the Quorum from those words in the Commission Quorum A. B. unum esse volumus that is some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of Peace and Quorum is by the Lord Keeper made Custos Rotulorum so called because he hath the Custody of the Rolls or Records of the Sessions and is to bring them to each Quarter Sessions The Original of Justices of Peace is from the first year of Edward 3. Their Office is to call before them examine and commit to Prison all Theeves Murderers wandring Rogues those that hold Conspiracies Conventicles Riots and almost all other Delinquences that may occasion the breach of Peace and quiet to the Kings Subjects to commit all such to prison as either cannot or by Law are not to be bailed that is cannot be set at liberty by Sureties taken for their appearance at a place and time certain land to see them brought forth in due time to Tryal Every Quarter or three months the Justices meet at the chief or Shire Town where the Grand Enquest or Jury of the County is summoned to appear who upon Oath are to inquire of all Traitors Hereticks Theeves Murderers Money-coiners Riots c Those that appear to be guilty are by the said Justices committed to prison to be tryed at the next Assises when the Judges of Westminster come their Circuits aforementioned For execution of Laws in every County except Westmorland and Durham the King every Michaelmas Term nominates for each County a Sheriff that is a Reeve of the Shire Praepositus or Praefectus Comitatus a Governor or Guardian of the County for the words of the Patent are Commisimus tibi Custodiam Commitatus nostri de N. The Sheriffs Office is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to empannel Juries to bring Causes and Criminals to Tryal to see the sentences both in Civil and Criminal affairs executed to wait on and guard the Itenerant Judges twice a year so long as they continue within the County which at the Assises is performed with great Pomp Splendor Feasting c In order to the better execution of his Office the Sheriff hath attendant his Under-Sheriff divers clerks Stewards of Courts Bayliffs of Hundreds Constables Gaolers Sergeants or Beedles besides a gallant train of servants in rich Liveries all on Horseback at the Reception of the Judges He was antiently chosen as Knights of the Shire but to avoid Tumults it is now thus Every year about the beginning of November the Judges Itinerant nominate six fit men of each County that is Kts. or Esquires of good Estates out of these the Lords Keeper Treasurer Privy Councellors and 12 Judges assembled in the Exchequer Chamber and sworn make choice of three of which the King himself after chooseth one to be Sheriff for that year only though heretofore it was for many years and sometimes heriditary as at this day to the Cliffords who by dissent from Robert de Vipont are Sheriffs heriditary of the County of Westmoreland by Charter from King John Furthermore the Sheriffs Office is to collect all publick profits Customes Taxes of the County all Fines Distresses and Amerceaments and to bring them into the Kings Exchequer or Treasury at London or else where as the King shall appoint The
Sheriff of each County hath a double function first Ministerial to execute all Processes and Precepts of the Courts of Law and to make returns of the same Secondly Judicial whereby he hath authority to hold two several Courts of distinct nature the one called the Sheriffs Turn which he holdeth in several places of the County enquiring of all Criminal Offences against the Common-Law not prohibited by any Statute The other called the County Court wherein he hears and determines civil Causes of the County under 40 s. which antiently was a considerable summe so that by the great fall of the moneys now the Sheriffs authority in that part is much diminished He is said to be the life of Justice of the Law and of the County for no suit begins and no process is served but by him then no Execution of the Law but by him lastly he is the chief Conservator of the Peace in the whole County Every County being subdivided into Hundreds so called at first either for containing an hundred houses or 100 men bound to find Armes or Wapentakes so called from touching a weapon when they swore Allegiance as the manner at this day is in Sweden at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike every such Wapentake oâ— Hundred hath commonly a Bayliff a very antient Officer but now of small Authority also Officers called High Constables first ordained by the Statute of Winchester 13 Edw. 1. for conservation of Peace and view of Armour they disperse Warrants and Orders of the Justices of Peace to each Pety Constable There are also in every County two Officers called Coroners whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death and to enter the same upon Record which is matter Criminal and a plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Free holders of the County by vertue of a Writ out of the Chancery They were antiently men of estates Birth and Honour and therefore in the Reign of Edward III. a Merchant being chosen a Coroner was removed quia communis Mercator fuit whereas he ought to have been a Gentleman which have no Trades man is reckoned to be by our Laws Every County also hath an Officer called Clerk of the Mercat whose Office is to keep a Standard of all Weights and Measures exactly according with the Kings Standard kept in the Exchequer and to see that none others be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are otherwise He hath a Court and may keep and hold Plea therein Of the Civil Government of Cities EVery City of England by their Charters or Priviledges granted by several Kings is a little Common-wealth apart governed not as the Cities of France by a Nobleman or Gentleman placed there by the King but wholly by themselves they choose amongst themselves their own Governor in Cities a Mayor is chosen commonly out of 12 Aldermen In some other Coâ—porations a Bailiff is chosen out of a certain number of Burgesses They are not taxed but by their own Officers of their own Corporation every trade having some of their own alwayes of the Council to see that nothing be enacted contrary to their profit Every City by Charter from the King hath haute moyenne basse Justice a jurisdiction amongst themselves to judge in all matters criminal and civil onely with this restraint that all civil causes may be removed from their Courts to the Higher Courts at Westminster The Mayor of the City is the Kings Lieftenant and with the Aldermâ—n and Common Council as it were King Lords and Commons in Parliament can make Laws called By-Laws for the Government of the City He is for his time which is but for one year as it were a Judge to determine matters and to mitigate the Rigour of the Law The next in Government of Cities are two principal Officers called though improperly the Sheriffs who are Judges in civil causes within this City and to see all execution done whether penal or capital and should rather be called Stat-reeves or Port-reeves i. e. Urbis vel Portus Praefecti In Cities the people are generally made more industrious by Manufactures and less idleness suffered then in other places so that in some Cities children of six or seven years old are made to gain their own expences In the City of Norwich it hath of late yeares been computed and found that yearly children from 6 to 10 years of age have gained 12 thousand pounds more then what they spend and that chiefly by knitting fine Jersey Stockings The Government of Burroughs and other Towns corporate is much after the same manner In some there is a Mayor in others one or two Bailiffs who have equal power with a Mayor and Sheriffs and during their Offices they are Justices of the Peace within their Liberties and have there the same power that other Justices of the Peace have in the County For the better Government of Villages the Lord of the place hath ordinarily power to hold a Court-Baron so called because antiently such Lords were called Barons as they are still in many parts of France or else Court Baron i. e. Court of Freeholders as the Barons of Germany are called Frey herren so the Barons of the Cinque Ports in England are but the Freeholders of the Cinque Ports And this Court may be held every 3 weeks Also for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place this Officer is to keep the Peace in case of quarrels to search any house for Robbers Murdrers or others that have any way broken the peace to raise the Hue and Cry after Robbers fled away to seize upon them and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasiions either to bring crrminals before them or to carry them by their command to the common Prison Every little Village almost hath an Epitome of Monarchical Government of Civil and Ecclesiastical policy within it self which if duly maintained would render the whole Kingdome happy First for the civil Government there is the Lord of the Soyl who from the Crown immediately or mediately holds Dominium soli and is said to have in him the Royalty as if he were a little King and hath a kind of Jurisdiction over the Inhabitants of the Village hath his Court-Leetâ— or Court-Baron to which they owe suit and service and where may be tryed smaller matters happening within the Mannour Escheats upon Felonies or other accidents Custody of Infants and Lunaticks power of passing Estates and admitting of Tenants Reliefs Hariots Hunting Hawking Fishing c. under the Lord is the Constable or
of a Sergeant is altered his long Robe and Cap his Hood and Coif are the same but there is besides a Cloak put over him and closed on his right shoulder and instead of a Caputium lined with Lambskin now a Caputium lined with Minever or de Minuto vario divers small pieces of white rich Furre Note that to the two Sergeants Innes belong the Twelve Judges and about Twenty six Sergeants Antiently the Fee expected by a Sergeant from his Client for Advice given at his Chamber or for pleading in any Court of Judicature was no more then Twenty shillings and the Fee of a Barister Ten shillings which yet is much more then is usually given in any of our neighbour Nations at this day but at present it is become almost ordinary to give some Setgeants Ten pound and sometimes Twenty pound and to a Barister half as much at the hearing of any considerable Cause whereby it comes to pass that some Lawyers in one year gain in Fees Three thousand pounds and some Four thousand pounds and in few years purchase Estates fit for Lords and sometimes live to see themselves advanced to be Peers of the Realm as the late Lord Keepers Coventry Finch and others Now all these forementioned Innes or Colledges for the Students in our Common law being not far distant one from another do make the most famous Profession of the Law that is in the World and it will be a very difficult thing to find in any one Forreign University so many Students of the Law that are of that ripe age past Childhood and of that high quality most Gentlemen and a considerable number of the Sons of the higher Nobility Of the Colledge of Civilians called Doctors Commons ALthough Degrees in the Civil Law may be had onely in Oxford and Cambridge and the Theory best there to be acquired yet the Practice thereof is most of all in London where a Colledge was long since purchased by Dr. Henry Harvey Dean of the Arches for the Professors of the Civil Law in this City and where commonly did reside the Judge of the Arches the Judge of the Admiralty and the Judge of the Prerogative Court with divers other eminent Civilians who there living for Diet and Lodging in a Collegiate manner and Commoning together it was usually known by the name of Doctors Commons and stood near S. Pauls in the Parish of S. Bennets Pauls-Wharf which being consumed by the late dreadful Fire they now all reside at Exeter House in the Strand in the same manner until their House be rebuilt and keep there their several Courts and Pleadings every Term which begins and ends almost at the same time with the Term at Westminster The cheif Court of the Archbishop is that of the Arches whereof see more in the Chapter of the Ecclesiastical Government of England The Principal Official or Judge of this Court is stiled Dean of the Arches and is at present Sir Giles Sweit Knight Doctor of Laws He fitteth alone without any Assessors and heareth and determineth all Causes without any Jury of Twelve Men as is necessary in Common Law Courts To this Court belongeth an Actuary a Register and a Beadle The Office of the Actuary is to attend the Court set down the Judges Decrees Register the Acts of the Court and send them in Books to the Registry This Office is enjoyed by John Clements Batchelor of Laws and Publick Notary The Register of the Court is another of the same name whose Office is by himself or Deputy to attend the Court receive all Libels or Bills Allegations and Exhibets examines all Witnesses Files all Sentences and keeps the Records of the Court. The Beadle attends the Court carrieth a Mace before the Judge and calls the Persons cited to appear Those that are allowed to be Advocates and plead in this Court are all to be Doctors of the Civil Law in one of our English Universities who upon their Petition to the Archbishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court upon condition not to practice for one whole year after such admittance The manner of their Admittance is thus The Two Senior Advocates in their Scarlet Robes with the Mace before them conduct him up to the Court with three low Reverences and present him with a short Latin Speech and the Rescript of the Archbishop Then the Oaths of Allegiance Supremacy and some other prescribed in the Statute of the Arches being taken he is admitted by the Judge and a place or seat in the Court assigned unto him which he is always to keep when he pleads The Judge and all the Advocates in this Court always wear their Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Minever Fur if of Cambridge and all round Black Velvet-Caps Here followeth a Catalogue of the Names of all the Advocates according to Seniority not Precedence DOctor Martin Dr. Heath Dr. King Chancellor of Ely Dr. Lewen Knight Master of Chancery Dr. Aldern Chancellor of Rochester Dr. Wiseman Knight Kings Advocate Dr. Chaworth Knight Vicar-General to the Archbishop of Canterbury Dr. Walker Knight Advocate to the Lord High Admiral Dr. Pepys Dr. Mills Chancellor of Norwich Dr. Crusoe Dr. Baldwin Knight Master of Chancery and Chancellor of Worcester and Hereford Dr. Nicholson Chancellor of Glocester Dr. Lowen Dr. Wake Chancellor of Peterborough Dr. Watkinson Dr. Birkenhead Knight Master of Request and Master of the Faculties Dr. Warren Dr. Bud Commissary of Huntingdon Dr. Alworth Chancellor of Oxford Dr. Jones Dr. Exton Chancellor of London Dr. Hughs Dr. Lloyd Commissary of Westminster Dr. Boucher Dr. Masters Chancellor of Exeter Dr. Clark Professor of Law in Cambridge Dr. Leighton Knight Dr. Digby Dr. Low Dr. Trumbal Dr. Falconbridge Dr. Pinfold Official of the Archdeacon of London Dr. Elliot Chancellor of Salisbury Dr. Raims Dr. Briggs Chancellor of Chichester Dr. Oldys Dr. Meal There we divers other Civilians whereof some not Advocates of this Court are Chancellors to Bishops or Commissaries as Sir Mundiford Brampstone Knight Doctor of Laws and Chancellor of Winchester Dr. Burrel Chancellor of Durham Sir Edward Lake Knight Doctor of Laws and Chancellot of Lincoln Dr. Dean Chancellor of Bath and Wells Dr. Wainwright Chancellor of Chester Dr. Jones Chancellor of Bristol Chancellor of Carlisle Rowland Nicols B. D. Mr. Awbery Chancellor of S. Davids Dr. Pennington Chancellor of Bangor Dr. Powell Chancellor of S. Asaph Here note That before the Vicar-General or Chancellors of the Bishops are Tryable all Ecclesiastical Causes within their respective Diocesses except Letters of Request are granted by the Diocesan Bishop to the Party to sue in the Court of Arches which is ordinary Note also That the Vicars-Generals and Chancellors are appointed by the respective Archbishops and Bishops by Letters Patents under their Seals and confirmed by the Dean and Chapter of the respective Cathedrals before which Confirmation those places are Durante bene
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
John Earl of Bridgewater The Third is the Vice-Chancellor who is yearly nominated by the Chancellor and is commonly the Head of some Colledge His Duty is in the Chancellors absence to do whatever almost the Chancellor might do if he were present Moreover he takes care that Sermons Lectures Disputations and other Exercises be performed that Hereticks Fanaticks Nonconformists c. be expelled the University and the converse with Students that the Proctors and other Officers and publick servants of the University duly perform their Duty that Courts be duly called and Law-sutes determined without delay in a word that whatever is for the Honour and Profit of the University or may conduce for the advancement of good literature may be carefully obtained The present Vice-Chancellor is Doctor Richard Mews President of St. Johns Colledge Fourthly the two Proctors chosen every year out of the several Colledges by turns these are to assist in the Government of the University more particularly in the business of Scholasticque exercises and taking Degrees in searching after and punishing all violaters of Statutes or Priviledges of the University all Night-walkers c. They have also the oversight of Weights and Measures that so the Students may not be wronged They are at present Mr. Alexander Pudsey of Magdalen Colledge and Mr. Henry Smith of Christ Church Next in order is the Publick Orator whose business is to write Letters according to the Orders of the Convocation or Congregation also at the Reception of any Prince or great Person that comes to see the University to make solemn Harangues c. He is now Robert South Dr. in Divinity Then is the Custos Archivorum or Keeper of Records whose Duty it is not only to collect and keep the Charters Priviledges and Records that concern the University but also to be always ready to produce them before the chief Officers and to plead the Rights and Priviledges of the said University This Office is now in the trust of Dr. Wallis Lastly is the Register of the University Mr. Cooper whose Office is to Register all Transactions in Convocations Congregations Delegacies c. Besides the fore-mentioned Officers there are certain publick Servants of the University called Bedels from the High Dutch Bitter or else from the Low Dutch Bidden to summon admonish or pray of these there are six whereof three are called Squire Bedels and carry large Maces of Silver Guilt the other three are stiled Yeomen Bedels and carry large Silver Maces unguilt Their Office is alwayes to wait on the Vice-Chancellor in Publick doing what belongs to his place and at his Command to seize any Delinquent and carry him to Prison to summon any to publish the calling of Courts or Convocations to conduct Preachers to Church or Lecturers to Schools c. Upon more solemn times and occasions there is a seventh that carries in his hand a Silver Rod and is thence called the Virger who with all the other six walk before the Vice-Chancellor and is ready to observe his Commands and to wait on Grand Compounders c. Other publick Servants of less note shall be passed by Many Kings of England have been great Favourers of Learning and esteemed it their honour to give or enlarge the Priviledges of the Universities By Charter of Edward 3. the Mayor of Oxford is to obey the orders of the Vice-Chancellor and to be in subjection to him The Mayor with the chief Burgesses in Oxford and also the High-Sheriff of Oxfordshire every year in a solemn manner take an Oath given by the Vice-chancellor to observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every year on the day of St. Scholastica a certain number of the Principal Burgesses publickly and solemnly do pay each one a Penny in token of their submission to the Orders and Rights of the University No Victuals to be taken by the Kings Purveyors within five miles of Oxford unless the King himself comes thither King James of happy memory honoured both Universities with the Priviledge of sending each two Burgesses to Parliament It is none of the least Priviledges belonging to the two Universities that they are subject to the Visitation or Correction of none but the King or whom he shall please to Commissionate By Charter of Henry 4. It is left to the choice of the Vice-Chancellor whether any Member in the University there inhabiting accused for Felony or High Treason shall be tryed by the Laws of the Land or by the Laws and Customs of the University though now where life or limb is concerned the Criminal is left to be tryed by the Laws of the Land No Students of Oxford may be sued at common Law for Debts Accounts Contracts Injuries c. but onely in the Court of the Vice-Chancellor who hath power to determine Causes to imprison as aforesaid to give corporal punishment to excommunicate to suspend and to banish Antiently in Oxford as now in most Universities beyond the Seas the Students without any distinction of Habit lived in Citizens Houses and had meeting places to hear Lectures and dispute After that there were divers Houses for Students onely to live together in Society as now in the Innes of Court and of Chancery at London and those places were called either Inns from the Saxon or Hostels from the French and at present are named Halls where every Student lived wholly upon his own charges until divers bountiful Patrons of Learning in their great wisdom thought best to settle for ever plentiful Revenues in Lands and Houses to maintain in Lodging Dyet Cloaths and Books such Students as by Merit and Worth should from time to time be chosen and to settle large Salaries for Professors to instruct them and for a head to govern them according to certain Statutes and Ordinances made by the said Patrons or Founders And these are called Colledges whereof the first thus endowed in Europe were University Baliol and Merton Colledge in Oxford all made Colledges in the Twelfth Century after the Birth of Christ although University Colledge hath been reckoned a place for Students ever since the year Eight hundred seventy two by the Royal Bounty of our foresaid Saxon King Alfred and was anciently called The University Colledge where were divers Professors and all the Liberal Sciences read Of such endowed Colledges there are in Oxford Eighteen and of Halls where with the like Discipline Students live upon their own means onely excepting some certain Exhibitions or Annual Pensions annexed to some one or two of them there are seven of all which the names and Governors See the first Part of the Present State of England These Colledges have within their own Walls Lectures Disputations all Professions and Liberal Sciences read and taught and in some of them Publick Lectures for all Comers and large Salaries for the Readers insomuch that they seem so many compleat Universities and are not inferior to some of our Neighbor Countreys Lipsius whose Testimony