presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original
Hoods lined with Taffety if they be of Oxford or white Minever Furr if of Cambridge and all round black Velvet Caps Besides the Advocates here are also ten Proctors to manage other Mens Causes Who wear Hoods lined with Lambs-Skin if not Graduates but if Graduates Hoods proper to the Degree According to the Statutes of this Court all Arguments made by Advocates and Petitions by the Proctors are to be made in Latine All Process of this Court runs in the Name of the Judge To this Court belong two principal Officers that attend it Viz. an Actuary who sets down the Judges Decrees registers the Court Acts and sends them in Books to the Registry Then a Register whose Office is by himself â—or Deputy to receive all Libels or Bills Allegations and Exhibits of Witnesses to file all Sentences and keep the Records of the Court. Next to which is the Beadle an inferiour Officer who carries a Mace before the Judge â—nd calls the Persons that are cited to appear All Places and Offices belonging to this Court are in the Arch-Bishops Gift The Audience Court is a Court of equal Authority with the Arches tho inferiour both in Antiquity and Dignity The Original of this Court was thus The Arch-Bishop of Canterbury heard many Causes extrajudicially at home in his own Pallace but before he would finally determine any thing he did usually commit them to be discussed by certain Men learned in the Civil and Canon Laws who thereupon were called his Auditors till at last those Causes were committed to One thence named Causarum Negotiorumque Audientiae Cantuariensis Auditor seu Officialis And with this Office was joyned heretofore the Arch-Bishops Chancery which properly meddles not with any point of contentious Jurisdiction or deciding of Causes between Party and Party but only of Office as the Granting the Custody of the Spiritualities during the Vacation of Bishopricks Institution to Benefices Dispensing with Banes of Matrimony c. But this is now distinguished from the Audience The Prerogative Court is the Court wherein all Wills are proved and all Administrations taken that belong to the Arch Bishop by his Prerogative that is where the Deceased had Goods of any considerable value out of the Diocese wherein he died And that Value is usually 5 l. except it be otherwise by Composition between the Arch-Bishop and the Bishop as in the Diocese of London where it is 10 l. If any Contention arise between Two or more touching any such Will or Administration the Cause is properly debated and decided in this Court The Judge whereof is termed Judex Curiae Praerogativae Cantuariensis the Judge of the Prerogative Court of Canterbury Who is attended in the Court by a Register or his Deputy whose Office is to set down the Decrees and Acts of the Court to Keep the Records all Original Wills and Testaments of Parties deceased that have left Bona Not abilia c. His Office is commonly called the Prerogative Office now Kept in the Deans Court near St. Paul's Church-yard where for a moderate Fee one may have a Copy of any such Testament And Under the Register are Six Clerks severally appointed for such and such Counties This Court formerly held in the Consistory of St. Pauls is now Kept in the Common-Hall at Drs. Commons next Day after the Arches in the Afternoon All Places belonging to this Court are in his Grace's Gift The Archbishop of York has also the like Court which is termed his Exchequer but far inferiour to this in Power and Profit He has also an Audience Court For Civil Affairs that concern the Church the highest Court is the Court of Delegates A Court which consists of Commissioners delegated or appointed by the King's Commission to sit upon an Appeal to Him in the Court of Chancery and is granted in three Cases First when a Sentence is given in any Ecclesiastical Cause by the Archbishop or his Official Secondly when any Sentence is given in any Ecclesiastical Cause in Places exempt Thirdly when Sentence is given in the Admiralty in Suits Civil and Marine by order of the Civil Law The Judges are appointed by the Lord Chancellour 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 Cause As sometimes Bishops Common-Law Judges Noblemen Knights and Civilians sometimes Bishops and Civilians at other times Common Law Judges and Civilians and sometimes Civilians only This Court is Kept in the same Place as the former the next Day after the Prerogative-Court in the Afternoon Here the Citations and Decrees run in the King's Name and to this Court belongs a standing Register From this Court lies no Appeal in common Course But the King may and sometimes does grant a Commission of Review under the Great Seal The Court of Peculiars is about certain Parishes that have Jurisdiction within themselves for Probate of Wills c. being exempt from the Ordinary and the Bishops Courts 'T is an ancient Priviledge of the See of Canterbury that wheresoever any Mannors or Advowsons do belong to it they forthwith become exempt from the Ordinary and are reputed Peculiars And there are reckoned in his Province no less than 57 such Peculiars So the King's Chappel is a Royal Peculiar exempt from all Spiritual Jurisdiction and reserved to the Visitation and immediate Government of the King himself who is supreme Ordinary Besides these Courts serving for the whole Province every Bishop has his Court held in the Cathedral of his Diocese Over which he hath a Chancellour anciently termed the Church-Lawyer who being skilled in the Civil and Canon Law sits there as Judge But if his Diocese be large he has in some more remote Place a Commissary whose Authority is only in some certain Places of the Diocese and certain Causes limited to him by the Bishop in his Commission These are called Consistory Courts Every Arch-Deacon besides has his Court and Jurisdiction where smaller Differences arising within his Limits are pleaded The Dean and Chapter of every Cathedral or Collegiate Church have also a Court wherein they take Cognizance of Causes happening in Places belonging to the Cathedral The proper Matters belonging to Ecclesiastical Courts are Ordinations Institution of Clerks to Benefices Celebration of Divine Service Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Rights of Matrimony Divorces general Bastardy Probate of Wills Administrations Pensions Procurations Commutation of Penance c. the Cognizance whereof does not belong to the Common Law Also Apostacy from Christianity Simony Heresy Schisms Blasphemy Fornication Incests Adulteries The Manner of Trials here is different from those at Common Law as thus First goes forth a Citation then a Bill and Answer after that they proceed to Proofs Witnesses and Presumption the Matter being argued pro and con and the Canon and Civil Laws quoted Upon which the definitive Sentence of the Judge passeth without any Jury
large Town seated upon two Rivers the Skerne and a Rivulet that runs there into it Over the first which falls within 2 miles into the Tees it has a fair Stone-Bridge Not far from hence at Oxenhall are 3 Pits called Hell-Kettles of a wonderful depth supposed to come of an Earthquake that hapned in the Year 1179. 'T is said of Bishop Tunstall of this Diocese that he took a Goose which he markt and put into one of the Pits and the same Goose was found afterwards in the River Tees Bernard Castle is seated in a Bottom on the River Tees and adjoyning to Marwood Park 'T is but an indifferent Town and of chief note for Stockings here made Bishop Aukland is pleasantly seated on the side of a Hill between the Ware over which it has a Bridge and a Rivulet that runs into it This is a neat Town and noted for its good Air. But that which adds much to its Reputation is its stately Castle the Bishops Summer Pallace beautifully repaired by Dr. Cosins the late Bishop of Durham and a fine Chappel raised by the same Bishop from its Ruins Sunderland is a Sea-Town on the Mouth of the River Ware Called Sunderland because by the Working of the Sea it is in a manner pulled from the rest of the Land it being at high Water invironed on all sides with the Sea This is a noted Place for its Sea-Coal Trade but chiefly for giving the Title of Earl first to Emanuel Lord Scrope of Bolton and Lord President of the North created Earl of Sunderland by King Charles I. Anno 1627. Upon whose Death without lawful Issue the Title was bestowed by the same King upon Henry Lord Spencer of Wormleighton in the Year 1643. Who being slain the same Year at the first Newberry Fight the Title fell to Robert his Son and Heir the present Earl of Sunderland Stainthorp or Staindrop ly's but 5 miles East-North-East from Bernard Castle among Parks and on a Rivulet that runs from thence into the Tees And not far from it is another Castle called Raby-Castle which King Canute gave to the Church of Durham with the Lands about it But besides the said Market-Towns here is in the South-East Parts Stockton and Billingham noted for their strong Ale And further Northward Hartlepool that stands upon a Neck of Land shooting forth into the Sea which surrounds it on all sides except Westward On the Mouth of the River Tine you will find Sheals where the New-Castle Coal-Fleet takes its Cargo A little higher stands Jarrow noted for being the Birth place of the Venerable Beda And over against Newcastle Gateshead or Gateside the Receptacle of those numerous Men that work in the Coal-pits Men that rake their mean Subsistence from the very Bowels of the Earth This County was formerly called St. Cuthberts Patrimony from S. Cuthbert the Raiser of Durham whose Episcopal See was removed hither from Lindisfarn or Holy Island on the Coast of Northumberland A Saint for whom several of the Saxon Kings and after them Canute the Dane had so great a Veneration that upon him and his Successors in that See was all the Country between Tees and Tine conferred by Alfred King of England Which his Donation was confirmed and in part increased by his Successors Edward Athelstan and Canute the Dane So fortified it was with Priviledges and Royal Grants that at the coming in of the Norman Conquerour the Bishop was reputed for a Count Palatine and did ingrave upon his Seal an armed Knight holding a naked Sword in one hand and in the other the Bishops Arms. Nay it was once adjudged in Law that the Bishop was to have all Forfeitures and Escheats within the Liberties as the King had without In short the Bishops hereof had the Royalty of Princes having their own Courts of Judicature both for Civil and Criminal Causes and covning their own Coin But these exorbitant Priviledges and Immunities were in part impaired by a Statute under Henry VIII and altogether with the Lands and whole Rights thereof conferred upon the Crown by Act of Parliament in the last Year of the Reign of Edward VI. To conclude when England was divided into seven Kingdoms this County was Part of that of Northumberland And the Inhabitants of it as well as those of most part of the North besides were called Brigantes by the ancient â—omans Out of it are elected besides the two Knights of the Shire but two Members to serve in Parliament for which Durham has the Right of Election Essex ESSEX another Maritime County has for its Bounds Eastward the German Ocean Westward Hartfordshire and Middlesex Northward the County of Suffolk and Southward the County of Kent This is a pretty large County being in Length about 45 miles in Breadth 36. The Whole divided into 20 Hundreds wherein 45 Parishes and 21 Market-Towns The same is abundantly irrigated both with great and small Rivers For besides the Thames which severs it from Kent the Stower from Suffolk and the Lea from Middlesex here is the Coln the Chelmer the Crouch and the Roding with several others in all which are great plenty of Fish Here the Air is very Temperate but down in the Hundreds towards the Sea-side it is very Aguish The Soil for the most part is good and in some Parts so fruitful that according to the Author of Englands Remarqnes after 3 Years Glebe of Saffron the Land for 18 years more will yield plenty of Barley without any Manuring with Dung or the like and then bear Saffron again One Acre of this Ground which is most in the North Part of the County will yield 80 or 100 weight of moist Saffron in a Year which being dried is valued 2. pound sterling It s chief Commodities besides Saffron as aforesaid are Cloths Stuffs Hops and the best of Oysters Colchester the chief Place of it bears from London North-East and is distant from it 43 miles by common Computation Viz. 10 from London to Rumford 5 more to Burntwood 10 from thence to Chelmsford and to Colchester 18 more A Town of great Antiquity and built as some Authors write by Coilus the British Prince 124 years after Christ's Birth But yet more Remarkable for giving birth to â—ucius Helena and Constantine the first Christian King Empress and Emperour in the World Seated it is upon the Rise of a Hill stretching it self from East to West and watered by the River Coln from whence probably it came to be called Colchester And as it is but 6 miles distant from the Sea so its Situation must needs be upon all accounts both pleasant and commodious 'T is a fair and well-built Town fortiâ—â—ed with an old Roman Wall and having six Gates of entrance besides 3 Posterns Towards the East stands an old Castle within the Ruins of a Trench containing about two Acres In short there were in it 14 Parish Churches several of which are now reduced to ruin But it is still a Place of good
the South with Herefordshire It s Length from North to South is about 35 miles its Breadth from East to West 26. The Whole divided into fifteen Hundreds wherein 170 Parishes and 15 Market-Towns Here the Air is counted very wholesom and the Soil as fruitfull both for Corn and Pasture T is well cloathed with Wood and in the Bowels of the Earth are Mines of Iron and Pitcoal in great plenty But towards the West and South Parts the Country is very hilly and mountainous As for fresh Streams no County is better watered than this For besides the Severn which in its crooked and winding Course cuts the Shire in the midst here are the Roden the Terne Clum Rea and Teme In all which are plenty of fresh-Water Fish And as this County is inferiour to none about it either for delight or penty So for the Number of Towns and Castles standing exceeding thick on every side as having formerly been a Frontier-County towards Wales it is far above ' em Shrewsbury the chief Place hereof bears from London North-West and by West and is distant therefrom 124 miles thus Viz. From London to St. Albans 20 and to Dunstable 10 more thence to Stony-Stratford 14 to Towcester 6 and to Daventry 10 more from thence to Covenrry 14 and to Bermingham 14 more then to Dudley 8 to Bridgenorth 12 more from Bridgenorth to Wenlock 6 and from thence to Shrewsbury 10. 'T is seated in the very midst or Center as it were of the County on a pleasant Ascent and on the Banks of the Severn not far from the Place where stood Vriconium out of whose Ruins 't is said to be raised The Severn do's almost incompass it round and that Part of it which is not fenced with it is fortified with a strong Castle built by Roger de Montgomery the first Earl hereof A Town which for neatness of Buildings both publick and private for variety and fineness of Streets for extent and populousness yields to few Cities in England It contains five Parish-Churches two of which viz. St. Marie's and St. Alchmond's are fair Structures and beautify'd with lofty Spires And here are still to be seen the Remains of a stately Abbey founded by the foresaid Earl of Montgomery Besides the natural Strength of this Place it is fenced about with a strong Wall with a Bulwark ranging from the Castle unto and part along the Severn On the East and West there are three Entrances into the Town by two fair Stone-bridges with Gates Towers and Bars and on the North by a Gate over which stands the Castle once exceeding strong Remarkable besides for giving the Title of Earl to the Right Honourable Charles Talbot the present Earl of Shrewsbury In short 't is a well-traded and frequented Town by all sorts of people both English and Welch whose frequent Intercourse brought them to speak both Speeches The principal Trade they drive here is in Cloths Frizes Welch Cottons and some other Commodities this being the common Mart or Empory between England and Wales And here are Weekly 3 Markets Viz. On Wednesdays for Provisions on Thursdays for Welch Cottons c. here sold in great abundance and thence sent to London on Saturdays for all sorts of Provisions The other Market-Towns are Bridgenorth Sat. Newport Sat. Ludlow Mund. Great Wenlock Mund. Oswestree Mund. Ellismeer Tue. Shipton Tue. Drayton Wedn. Wem Thu. Wellington Thu. Stretton Thu. Whitechurch Frid. Bishops Castle Frid. Clebury Among which Ludlow seated in the South Parts of the County upon the Banks of the Teme is the most considerable The Town is large and populous beautified with many fair Edifices It is also defended by a Wall and a Castle both built by Earl Roger of Montgomery But it is of chief note for being the Place where the Court for the Marshes of Wales were kept first ordained by King Henry VIII for the Trial of Causes but suppressed in the late Session of Parliament Bridgenorth or the Borough of Bruges is situate upon the Severn over which there 's a fair Stone-bridge 'T is a good large Town divided into two Parts the one called the Upper the other the Lower Town containing two Parish Churches In former time fortified with Walls a Ditch and a stately Castle seated on a Rock now decay'd Drayton on the River Terne where it severs this County from Staffordshire is a Place of some note for a Battel there fought betwixt the Houses of York and Lancaster Newport lies South of Drayton on a Plain or Flat adjoyning to Staffordshire Great Wenlock in the Road from Worcester to Shrewsbury Bishops Castle in the South Parts not far from the River Clun Wem on the Roden in the North Parts of the County noted for the Title of Baron it lately gave to the Lord Chancellour Jeffreys Oswestree and Ellismore near the Borders of Wales Whitechurch on the Confines of the County near Cheshire At Wenlock in the Time of Richard the Second was found a rich Copper Mine And at Pitchford in this County is a Well or Spring in a private Man's Yard wherein flow's a thick Scum of liquid Bitumen which being cleared and taken off one day will have the like upon it again the next Alderbury though no Market-Town is famed for being the Birth-place of old Thomas Parre who lived to a great Age and about two years before he died was brought up to London to King Charles I. Where he died and lies buried in Westminster Abbey He was born Anno 1483 died in the Year 1635 lived 152 Years and saw ten â—eigns Lastly this County which formerly was Part of the Kingdom of Mercia and its Inhabitants part of the Cornavii as the Romans called them stands now divided betwixt the Dioceses of Lichfield and Hereford Out of it are elected besides the two Knights of the Shire ten Members of Parliament Viz. two out of each of these following Towns Shrewsbury Ludlow Great Wenlock Bridgenorth and Bishops-Castle Somersetshire SOMERSETSHIRE a large Maritime County in the West of England is so called from Somerton once the most famous and most considerable Town in all the County and now but a small Market-Town of little or no credit 'T is bounded on the East by Wiltshire and part of Devonshire on the West by Devonshire Northward by the Severn Sea and part of Glocestershire Southward by the Counties of Devon and Dorset It s Length from East to West is about 55 miles its Breadth from North to South 40. The Whole divided into 42 Hundreds wherein 385 Parishes and 30 Market-Towns The Air of this County in the Summer Season is very agreeable but in Winter-time 't is apt to be too moist and foggy Accordingly the Soil in Winter is wet miry and moorish especially in the midst of the Country which makes the Roads very uneasy to Travellers But in Summer there is no pleasanter Country being garnished as it is with rich Pastures and delightful Meadows Which has given occasion to an usual Proverb here
now the chief Prison where Persons of quality that are charged with Crimes against the Government are kept in Custody Here are also many Dwelling-Houses foâ— the Officers that belong to it either as aâ— Arsenal or a Mint c. And as an Arsenal here is kept the Office of his Majesties Oâ—dinance to be explained in my second Part For the publick Devotion of all the Dwelleâ—â— in the Tower there is within its Walls onâ— Parochial Church called S. Petri ad Vinculâ— infra Turrim being the Kings Donative without Institution and Induction and exempâ— from all Ecclesiastical Jurisdiction of the Archbishop The Government of the Tower as it is a Place of great Trust so it has been usually put in the hands of two Persons of great worth the one called Constable and the other Lieutenant of the Tower The Constable has the chief Command and is Lord Lieutenant of the 21 Hamlets belonging to it which ly in several Parishes of large extent Whose Train-bands making two intire Regiments of Foot and above 3000 Men are to attend the Kings Person when commanded but are to march no farther than the King They were sometimes the Gards of the Tower and are bound if occasion be to reinforce the Garrison upon the Constable's Command Who by his Place is to be in the Commission of the Peace for the City of London and the Counties of Middlesex Kent and Surrey And so is the Lieutenant who is subordinate to the Constable for the time being but in his absence commands with the full Power of both His Salary is 200 l. per annum with all the Fees and Perquisites which are very considerable both from the Prisoners that happen to be in the Tower and from the Warders Places which are all at his Disposal Under the Command of the Constable and the Lieutenant of the Tower in his absence are the Gentleman Porter the 24 â—eomen Warders and the Gunners of the Tower The Gentleman Porter who holds his Place by Patent has the Charge of the Gates The Keys whereof he is every night to deliver to the Constable and in his absence to the Lieutenant and to receive them of him the next morning He commands the Warders that are upon duty and claims for his Fee at the entrance of a Prisoner his Upper Garment or else a Composition for the same The Warders are accounted the King's Domestick Servants and sworn accordingly by the Lord High Chamberlain or by the Clerk of the Check Their Duty is to wait at the Gates and by the Lieutenant of the Tower's appointment to attend Prisoners of State which is the most profitable and beneficial part of their Station At the Gates they examine every Stranger that offers to go in and before admittance according to the Rules of Military Discipline those that â—ear Swords must leave 'em in their hands â—ill they go out Ten of them are usually upon the Days Wait and two upon the Watch â—very night The Gunners are to look after the Ordâ—ance mounted on the Batteries and Lines â—nd ready for Service on the shortest Warning One or more of them are upon Duty â—ay and night to wait for Orders For the Liberty of the Tower to which â—as been annexed the old Artillery Garden â—y Spittle-Fields and the little Minories here is an ancient Court of Record held by a Steward every Monday by Prescription for Debts Trespasses c. And in the said Liberty the Gentleman Porter has the same Power and Authority as Sheriffs have within their respective Counties He constitutes Bayliffs thereof to execute all Process and Warrants directed to them by the Steward of the Court and has all Escheats Deodands and Goods of all Felones deâ—se For Ecclesiastical Causes and Probate of Wills the Tower and Liberties thereof have a Royal Jurisdiction From which there is no Appeal but to the King in his Court of Chancery who thereupon issues out a Commission under the Great Seal as in Appeals from the Arches or Prerogative Courts But whether the Tower be in the County that is under the Jurisdiction of Middlesex or in the Liberty of the City 't is undetermined to this day Some will have it to be part of it in Middlesex and part in the Liberty of the City And in the Case of Sir Thomas Overbury's Murder the Judges Opinion was that the Trial must be made in the City the Fact being done in that Part of the Tower held to be in the City Liberties Next to the Tower I come to the Custom House placed between the Tower and thâ— Bridge Which having been destroy'd by the Fire in the Year 1666 was soon afteâ— rebuilt much more commodious uniform anâ— magnificent and the Building cost the Kinâ— 10000 pounds Here are received and managed all the Impositions laid upon Merchandise Imported and Exported from this City Which are so considerable that of all the Customs of England divided into 3 Parts the Port of London pay's two Thirds that is when Trade flourishes about 400000 l. yearly In this Office are imploy'd a great Number of Officers an Account whereof you will find in my Second Part where I speak of the King's Revenues The Bridge of London offers it self in the next place to our Consideration Which considering the constant great Flux and Reflux at that Place was certainly a very difficult and costly piece of Work It consists of 19 Arches at 20 foot distance of each other with a Draw-bridge almost in the middle 'T is about 800 foot long and 30 broad Set out with a fine Row of Houses all along with Shops furnished with most sorts of Commodities So that it looks more like a Street than a Bridge the Street being widened in the late Reign from 12 to 20 foot It was built in the year 1200 in the Reign of King John And so great are the Charges of keeping it in repair that there is a large Revenue in Lands and Houses set apart for that purpose and two Bridge-Masters besides other Officers chosen out of the Liverv-men on Midsummer-Day to look after the same Near this Bridge is the fatal Place where the dreadful Fire afore-mentioned first began In perpetualâ— Memory whereof was erected by virtue of an Act of Parliament that â—aster-piece of Building called the Monument begun Anno 1671 in the Mayoralty of Sir Richard Forde Knight and finished Anno 1677 Sir Thomas Davies being Lord Mayor of London This Pillar not unlike those two ancient white Marble Pillars at Rome erected in honour of the Emperours Trajan and Antonius is all built of Portland Stone as durable almost as Marble and is of the Dorick Order 202 foot high and 15 foot Diameter Within-side is a fair winding Stair-case with Iron rails up to the top where this stately Pile is surrounded with an Iron-Balcony yielding a pleasant Prospect all over the City The Pedestal is 40 foot high and 21 foot Square the Front of it adorned with ingenious Emblems and the North and
their Degrees respectively Here is as in Oxford a Chancellor a Vice-Chancellor two Prectors and a Register But the Chancellor is not so durante Vita for he may be elected every three years or continue in the same Office durante tacito Consensu Senatus Cantabr He has under him a Commissary who holds a Court of Record of Civil Causes for all priviledged Persons and Scholars under the Degree of Master of Arts where all Causes are try'd and determined by the Civil and Statute-Law and by the Customs of the University The Vice-Chancellor is a high Officer chosen every Year on the 3d of Nov. by the Senate out of two Persons nominated by the Heads of the several Colledges and Halls Together with the two Proctors chosen as at Oxford there are two Taxers chosen who with the Proctors look to the Weights and Measures as Clerks of the Market Here are also three Esquire-Beadles but only one Yeoman-Beadle The Mayor of the Town is like that of Oxford subject to the University and takes a solemn Oath at the Entrance into his Office to observe and conserve the Priviledges Liberties and Customs thereof And on Friday before St. Simon and Jude he brings with him to St. Maries Church allotted for the Assembly of the whole University two Aldermen four Burgesses and two of every Parish to take their Oaths before the Vice-Chancellor for the due search of Vagabonds and suspected Persons c. At the same time are sworn 14 Persons for the University and 14 for the Town to look to the Cleansing and Paving of the Streets The University has also a Court-Leet held twice every Year wherein are presented all Nusances c. What remains is the Question about the Antiquity of Cambridge as a Place of Learning in opposition to Oxford To me it appears to be in that respect of an older date than Oxford For Cambridge in the time of the Romans among whom it was known by the Name of Camboritum or as some Copies have it Camboricum was a Roman Colony mentioned in the best Copies among the 28 Cities of Britain And the Roman Colonies had their Schools of Learning wherein the several Professors of Arts and Sciences did instruct both the Roman and British Youth In the Bull of Pope Honorius the first bearing date Febr. 20. 624 mention is made of Priviledges granted to the University of Cambridge The Bull says by Eleutherius the 12th Bishop of Rome who lived about the latter end of the second Century but King Arthur's Diploma says by Lucius a British King the first Christian King in Europe and Contemporary with the said Eleutherius Which Diploma says that King Lucius was converted by the preaching of the Doctors of Cambridge for which reason he gave Priviledges to that University which were confirmed by King Arthur Whether the Diploma be counterfeit or not or whether the aforesaid Priviledges were granted by King Lucius or Pope Eleutherius is a Question by it self Certain is that both the Diploma and the Bull agree in point of Time So that here is Proof enough to make it at least probable that in the time of King Lucius and Pope Eleutherius there might be a sufficient Number of learned Men in Cambridge to have instructed King Lucius in the Christian Faith and that Eluanus and Medwinus who were sent by that King to Rome for his fuller Satisfaction in that point might be of that Number Upon these Grounds it must be granted that Cambridge is a Place long since dedicated unto Learning and I doubt much whether Oxford as great a Respect as I have for it can pretend to so great an Antiquity But Dr. Heylin an Oxonian alledges a notable Reason for the Precedency of Oxford before Cambridge Viz. the Resolution of the Commons in the first Parliament held under King James I. For says he when the Clerk of that House had put the Name of Cambridge before Oxford they taking disdainfully that Hysteron-Proteron commanded the Antiquities of both Universities to be searched and after search made gave place to Oxford To clear this Point we must take notice that both Oxford and Cambridge since their first Foundation lay for several Ages forlorn and discontinued during the long Wars of the Saxons and Danes in this Island Till Oxford had the happiness to be first restored by King Alfred towards the latter end of the Ninth Century Which from that time grew into such esteem as to be counted one of the four principal Universities of Europe the other three being Paris in France Bononia now Bologna in Italy and Salamanca in Spain Whereas Cambridge did not begin to flourish again till the Reign of Henry I for his Learning surnamed Beau-Clerc that is in the beginning of the Twelfth Century So that in point of Restauration 't is plain that Oxford has got the start of Cambridge But let us leave this Speculation of Cambridge as an Academy and look upon it as a Title of Honour In this Point we shall find Cambridge to have the Preeminency For it has been Dignify'd not only with the Title of an Earldom in several eminent Persons but also with the Title of a Dukedom in four Sons of the late King James when Duke of York Three of them by the first Dutchess Charles James and Edgar who all died very young and the fourth by the last Dutchess Charles by Name the short Hopes of the Popish Faction Who being born Nov. 7. 1677. died Dec. 12. following and so lived but five Weeks Thus I have done with OXFORD and CAMBRIDGE those two great Fountains of Learning both seated at almost an equal Distance from London the one West and the other North. From whence are yearly sent forth a great Number of Divines Civilians Physicians c. to serve all Parts of this Kingdom For a constant Supply whereof there are several Colledges and famous Schools in England the principal Winchester Eaton Westminster St. Pauls Merchant-Taylors and Charter-House all richly Indowed to maintain Masters Ushers and a certain Number of Scholars So that a Child once admitted into any of these Schools may by his Capacity be preferred to be a Scholar or Fellow in some Colledge of one of these Universities Where having a good Allowance he will want little or no help from his Parents all his Life-time after The End of the First Part. THE SECOND PART OF THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary CONTAINING An Account of the Inhabitants their Original Genius Customs Religion and Government of Their Present Majesties their Court Power Revenues c. London Printed in the Year 1691. THE NEW STATE OF ENGLAND PART II. CHAP. I. Of the Inhabitants of ENGLAND And first of their Complexion Temper Genius Language with an Account of the most famous Men of this Nation either for Souldiery or Learning THAT the Britains were the ancient Inhabitants of England is a Thing agreed by all But whether they â—ere the Aborigines that is
submitted to take it at his hand again at a yearly Tribute the Pope in the Reign of Edward III. demanded his Rent and all the Arrears Upon which issued this Resolve of the Parliament that neither the King nor any other could put the Realm nor the People thereof into a forein Subjection without their Assent This was a high Resolution in Law in one of the highest Points of Law concerning the Kings Claim of an absolute Power when the Pope was in his height However this intimates that with their joynt Consent the Crown may be disposed of But how transcendent soever be the Power and Authority of the King and Parliament yet it do's not extend so far as to bar restrain or make void subsequent Parliaments and tho divers Parliaments have attempted â—t yet they could never effect it For the â—atter Parliament hath still a Power to abrogate suspend qualify explain or make void the former in the Whole or any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former it being a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant 'T was therefore but in vain that the late King James pretended so to settle that Liberty of Conscience which he ushered in by his Declaration as to make it a Law unalterable like the Laws of the Medes and Persians It was but a Blind for Dissenters to bring them into his Snare and tho he had really designed it he must have been at least Immortal to secure it One of the fundamental and principal Ends of Parliaments was to Redress Grievances and ease the People of Oppressions The chief Care whereof is in the House of Commons as being the Grand Inquest of the Realm summoned from all Parts to present publick Grievances to be redressed and publick Delinquents punished as corrupted Counsellours Judges and Magistrates Therefore Parliaments are a great Check to Men in Authority and consequently abhorred by Delinquents Who must expect one time or other to be called to a strict and impartial Account and be punished according to their Demerits Remember said the Lord Bacon to his Friend Sr. Lionel Cranfield when he was made Lord Treasurer that a Parliament will come In this Case the House of Commons the Parliament sitting Impeaches and the House of Lords are the Judges the Commons Inform Present and Manage the Evidence the Lords upon a full Trial give Judgment upon it And such is the Priviledge of the House of Commons in this particular that they may Impeach the highest Lord in the Kingdom either Spiritual or Temporal and he is not to have the benefit of the Habeas Corpus Act that is he cannot come out upon Bail till his Trial be over or the Parliament Dissolved which last some of the late Judges have declared for But the Lords cannot proceed against a Commoner except upon a Complaint of the Commons In a Case of Misdemeanour both the Lords Spiritual and Temporal are Judges and the Kings Assent to the Judgment is not necessary But if the Crime be Capital the Lords Spiritual tho as Barons they might sit as Judges yet they absent themselves during the Trial because by the Decrees of the Church they may not be Judges of Life and Death For by an Ordinance made at the Council at Westminster in 21 Hen. 2. all Clergymen were forbidden agitare Judicium Sanguinis upon pain to be deprived both of Dignities and Orders When a Peer is Impeached of High Treason a Court is usually erected for his Trial in Westminster-Hall and the King makes a Lord Steward which commonly is the Lord Chancellour to sit as Judge thereof The Trial being over the Lords Temporal resorting to their House give Judgment upon it by Voting the Party arraigned upon their Honours Guilty or not Guilty and he is either Condemned or Acquitted by the Plurality of Voices If found Guilty he receives Sentence accordingly by the Mouth of the Lord High Steward The House of Lords is also in Civil Causes â—he highest Court of Judicature consisting of â—ll the Lords Spiritual and Temporal as Judges â—sisted with the most eminent Lawyers both 〈◊〉 Common and Civil Law And from this Court there lies no Appeal only the cause or â—ome Point or other of it may be brought again before the Lords upon a new Parliament In Case of Recovery of Damages or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any inferiour Court at the Common Law But the Lords in Parliament may direct how it shall be levied In short by the ancient Laws and Constitutions of this Kingdom it belongs to the House of Peers to interpret Acts of Parliament in Time of Parliament in any Cause that shall be brought before Them I conclude with the Priviledges of Parliament which are great in both Houses and fit for so honourable a Court. First as to the Persons of the Commoners they are Priviledged from Suits Arrests Imprisonments except in Case of Treason and Felony also from Attendance on Trials in inferiour Courts serving on Juries and the like Their necessary Servants that tend upon them during the Parliament are also Priviledged from Arrest except in the aforesaid Cases Which Priviledge is their due eundo morando redeundo that is not only for that time the Parliament sits but also during 40 Days before and 40 Days after the Parliament finished And that not only for the Persons of Members and their necessary Servants but also in some Cases for their Goods and Estates during that Time Moreover this Priviledge do's likewise extend to such Officers as attend the Parliament as the Clerks the Sergeant at Arms the Porter of the Door and the like But if one was Arrested before he was chosen Burgess he is not to have the Priviledge of the House Many are the Precedents which shew the Resentments of this House against such as have offered to act contrary to these Priviledges and their severe Proceedings against some of them either for serving a Subpoena upon or Arresting a Member of this House or refusing to deliver a Member arrested for Debt the Parliament sitting For common Reason will have it that the King and his whole Realm having an Interest in the Body of every one of its Members all private Interest should yield to the Publick so that no Man should be withdrawn from the Service of the House And so much has been the Priviledge of the House insisted on that it has been a Question Whether any Member of the House could consent to be sued during the Session because the Priviledge is not so much the Person 's the House's And therefore when any Person has been brought to the Bar for any Offence of this nature the Speaker has usually charged the Person in the name of the whole House as a Breach of the Priviledge of this House Also for offering to threaten or to give abusive Language to any Member
constant Attendance upon the King As for Home Concerns whether publick oâ— private both the Secretaries do equally receive and dispatch whatever is brought to them But for forein Affairs each has his distinct Province receiving all Letters and Addresse from and making all Dispatches to the severaâ— Princes and States in his Province They keep each of them his Office called the Secretaries Office at Whitehall Where they have also Lodgings for their own Accommodation and those that attend upon it whâ— a liberal Diet at the Kings Charge or Board wages in lieu of it Their settled Allowancâ— is little less than 2000 l. a Year to each 〈◊〉 them besides Perquisites The Secretaries and Clerks they imploy uâ—der them are wholly at their own choice anâ— have no Dependance upon any other Lastly they have the Custody of the Signet one of the Kings Seals To which belongs the Signet-Office where four Clerks wait Monthly by turns preparing such Things as are to pass the Signet in order to the Privy Seal or Great Seal He that is in waiting is always to attend the Court wheresoever it removes and to prepare such Bills or Letters for the King to sign not being Matter of Law as by Warrant from the King or Secretaries of State or Lords of the Council he is directed to prepare And to this Office all Grants prepared by themselves or the Kings Learned Council at Law for the Kings hand are returned when signed and there transcribed again The Transcription is carried to one of the Principal Secretaties of State to be sealed with the Signet This done it is directed to the Lord Privy Seal and is his Warrant for issuing out a Privy Seal upon it But then it must be first transcribed by the Clerks of the Seal who are also four in Number and when it has the Privy Seal affixt 't is sufficient for the Payment of any Monies out of the Exchequer and for several other Uses If the Grant requires the passing the Great Seal as several Grants do the Privy Seal is a Warrant to the Lord Chancellour or the Lords Commissioners to pass it as the Signet was to the Lord Privy Seal But here also a new Transcription must be made of the Grant The Reason why a Grant must go through so many Hands and Seals before it can be perfected is that it may be duly considered and all Objections cleared before it take its effect The Paper-Office at Whitehall is also depending on the Secretaries of State Where all the Papers and Dispatches that pass through their Offices as Matters of State and Council Letters Intelligences and Negotiations of forein Ministers here or of the Kings Ministers abroad are from time to time transmitted and there remain disposed by way of Library The Keeper whereof has a yearly Salary of 160 l. payable out of the Exchequer To conclude the Lords of the Privy Council have always been of such high value and esteem that if a Man did but strike another in a Privy Counsellors House or elsewhere in his presence he was fined for the same To conspire the Death of any of them was Felony in any of the Kings Servants and to kill one of them was High Treason A Privy Counsellour though but a Gentleman has precedence of all Knights Baronets and younger Sons of all Barons and Viscounts And a Secretary of State has this special Honour that if he be a Baron he takes place as such of all other Barons So honourable an Imployment it is that in the late Reign the Earl of Sunderland was both principal Secretary of State and Lord President of the Privy Council CHAP. III. Of the High Court of Chancery otherwise called the Court of Equity I come now to the Courts of Judicature held at Westminster viz. the Courts of Chancery Kings Bench Common Plâ—as Exchequer and Dutchy of Lancaster whereof the three first are held at Westminster Hall the Common-Pleas near the Gate the Chancery and Kings Bench at the further end of the Hall All the fore-mentioned Courts are opened four times a Year called the four Terms Viz. Easter Trinity Michaelmas and Hilary Term. Easter-Term begins always the 17th Day after Easter and lasteth 27 Days Trinity or Midsummer Term begins the fifth Day after Trinity Sunday and lasteth 20 Days Michaelmas-Term begins the 23th of October and lasteth 37 Days And Hilary-Term so called from S. Hilary a Bishop beginneth the 23 of January and lasteth 21 Days Next to the Parliament of England and the Kings Privy Council by whose Influences the Nation is chiefly governed under the King the High Court of Chancery is the chief and the most ancient Court of Judicature Otherwise called the Court of Equity in opposition to other inferiour Courts the Judges whereof are tied to the Letter of the Law Whereas this is a Court of Mercy in which the Rigour of the Law is tempered with Equity And therefore the Kings of England would have this Court Superiour to the other Tribunals as well as for being the Original of all other Courts and the Fountain of all our Proceedings in Law For as Sir Edward Coke says this Court is Officina Justitiae out of which all Original Writs and all Commissions which pass under the Great Seal go forth which Great Seal is Clavis Regni the Key of the Kingdom and for those ends this Court is always open In the Chancery are two Courts one Ordinary and the other Extraordinary In the first the Proceedings are in Latine Secundum Legem Consuetudinem Angliae according to the Laws and Statutes of the Realm In the second by English Bill Secundum aequum bonum according to Equity The Manner of Proceeding is much like that in the Courts of the Civil Law the Actions by Bill or Plaint the Witnesses examined in private and the Decrees in English or Latin not in French No Jury of twelve Men but all Sentences given by the Judge of the Court. The Judge is the Lord Chancellour or Lord Keeper of the Great Seal the highest Dignity that a Lay-man is capable of in England and held of the King durante Beneplacito But now this Office is executed by three Lords Commissioners Next to whom there are twelve Assistants called Masters of the Chancery who are Civilians Their Salary is each 100 Pound paid out of the Exchequer quarterly besides Robe-mony Three of these at a time sit in the Chancery Court in Term-time and two out of Term when the Chancellour sits to hear Causes at his own House Who often refers to them the further hearing of Causes c. These Masters have a publick Office where one or more of them do constantly attend to take Affidavits c. The chief of them is the Master of the Rolls whose Place is both very honourable and beneficial The same is in the King's Gift either Life or during his Majesties Pleasure And he is called Master of the Rolls as having the Custody of all Charters Patents
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's
Writs These are in the Gift of the Lord Chief Justice and hold for Life As also The four Exigenters whose Office is to make all Exigents and Proclamations in all Actions where Process of Outlawry does ly Now an Exigent is a Writ so called because it requires the Parties Appearance to answer the Law and lies against a Transgressor of the Law that can't be found nor any of his Goods within the County Whereupon he is Summoned by the Sheriff at five several County Courts and if he appear not he is Outlawed that is excluded from the Protection of the Law Which looks upon him as unworthy of it that acts in contempt of the Law Lastly there are four Criers and a Porter belonging to this Court CHAP. VI. Of the Courts of Exchequer and Dutchy of Lancaster THese two I joyn together because they both concern the King's Revenue and take Cognizance of all Causes arising from it The Judges of this Court are called Barons of the Exchequer ever since Barons of the Realm used to sit here as Judges though in latter times Men learned in the Law have usually filled up this Station They are commonly four that sit in this Tribunal as in the two former Courts the principal whereof is stiled Lord Chief Baron But 't is to be observed that the Lord Treasurer and the Chancellour of the Exchequer may sit here as Principal though they seldom do it The Lord Chief Baron is created by Letters Patents to hold this Dignity Quamdiu se bene gesserit which the Law intends for Life so that he is better fixed than either of the Chief Justices His Place is of great Honour and Profit In Matter of Law Information and Plea he answers the Bar and gives Order for Judgement thereupon He alone in the Term-time doth sit upon Nisi prius that come out of the King's Remembrancer's Office or out of the Office of the Clerk of the Pleas which can not be dispatched in the Mornings for want of time He takes Recognizances for the King's Debts for Appearances and Observing of Orders He takes the Presentation of all Officers in Court under himself and of the Mayor of London and sees the King's Remembrancer to give them their Oaths He also takes the Declaration of certain Receivers Accounts of the Lands of the late Augmentation made before him by the Auditors of the Shires and gives two Parcel-makers Places by vertue of his Office In his absence his Place is supplied by the other three Barons his Assistants according to their Seniority These Judges and those of the two former Courts of King's Bench and Common Pleas make up the Number of Twelve who all sit in on their Tribunals in Robes and square Caps Next to the four Barons of this Court is first the Cursitor who administers the Oath to the Sheriffs Under-Sheriffs Bayliffs Searchers Surveyors c. of the Custom-House Then the King's Remembrancer in whose Office are entred the States of all Accompts whatsoever concerning the King's Revenue except Sheriffs and Bayliffs Accounts Here also are taken all Securities either by Bonds or Recognizances to the King for the faithful Performance of those Persons imployed in the Collecting of his Majesties Revenue and for the Payment of his Debts And all Proceedings upon the said Bonds or Recognizances or any other Bonds taken in the Kings Name by Officers thereunto appointed under the Great Seal of England besides all Proceedings upon any Statute by Information for Custom Excises or any other Penal Law concerning the Kings Revenue are transmitted hither for the Recovery thereof and properly belong to this Office From whence accordingly issue forth Process to cause all Accountants to come in and account And as the Exchequer do's consist of two Courts the one of Law and the other of Equity all Proceedings touching the same are in this Office with many other Things relating to the Kings Revenue To this Office being in the Kings Gift belong eight sworn Clerks whereof the two first are called Secondaries The Lord Treasurer's Remembrancer who makes Process against all Sheriffs Receivers Bayliffs c. for their Accompts and into whose Office all Charters and Letters Patents upon which any Rents are reserved to the King are transcribed and sent by the Clerk of the Pettibag Out of this Office Process is made to levy the Kings Fee-Farm Rents c. This Office is likewise in the Kings Gift and there are several Clerks belonging to it the two first being distinguished from the rest by the Name of Secondaries The Remembrancer of the First-fruits and Tenths who takes all Compositions for the same and makes Process against such as do not pay them He has two Clerks under him The Clerk of the Pipe who receives into his Office all Accompts which pass the Remembrancer's Office He makes Leases of the Kings Lands and extended Lands when he is ordered so to do by the Lord Treasurer and Chancellor of the Exchequer or the Lords Commissioners of the Treasury He has under him 8 sworn Clerks by whom all Accounts of Sheriffs and Bayliffs are made up and when the Accounts are even he gives the Accomptants their Quieâ—us est All Tallies which vouch the Payments contained in such Accounts are examined and allowed by the chief Clerk in the Pipe called the Secondary The Comptroller of the Pipe who writes out the Summons twice every Year to the high Sheriffs to levy the Debts charged in the great Roll of the Pipe He also writes in his Roll all that is in the great Roll and nothing entered in this can be discharged without his privity The Forein Opposer whose Office is to oppose all Sheriffs upon the Schedules of the Green Wax This Office is kept in Grays-Inn The Clerk of the Pleas in whose Office all the Exchequer Officers and other Debtors to the King are to plead and be impleaded as at the Common Law The Reason why it is done here is because their Attendance is required in this Court. And therefore here are four sworn Attorneys The Clerk of the Estreats who receives every Term the Estreats or Extracts out of the Lord Treasurer's Remembrancer's Office and â—rites them out to be levied for the King He â—lso makes Scheduâ—es of such Sums as are to be â—ischarged A Clerk of the Parcels and another of the â—ichils Two Auditors of the Imprest who Audit the great Accompts of the Kings Custoâ—s Wardrobe â—int First-fruits and Tenths Naval and Miâ—tary Expences Moneys Imprested c. Seven Auditors of the Revenue who Audit all Accompts of the Kings Lands Revenue and all Taxes granted by the Parliament There are also several Receivers of the Kings Revenues arising from Lands and Rents whose Accompts are yearly made up by the Auditors To which add a Receiver of the First-Fruits Revenue As for the Tenths the Bishops are Collectors of them and account yearly for the same But there are two other considerable Officers not to be omitted viz. the Deputy Chamberlains In whose
Office at Westminster are preserved all the Counterfoils of the Tallies ranged by Months and Years and by that means easily found out to be joyned with their respective Stock or Tally There is also the chief Vsher of the Exchequer an Office of Inheritance four Vnder-Vshers a Marshal and six Messengers As to the Court of the Dutchy of Lancaster also kept at Westminster it concerns particularly the Revenue belonging to that Dutchy long since annexed to the Crown The chief Judge of this Court is the Chancellour of the Dutchy assisted by the Attorney of the same Next to whom is the Receiver General the Vice-Chancellor of the Dutchy the two Auditors the Clerk of the Dutchy and a Messenger CHAP. VII Of the Sheriffs and their two Courts called the County-Court and the Sheriffs Turn of Justices of Peace and their Quarter-Sessions with an Account of the Grand Jury of the Coroners Clerks of the Markets and their Courts FOR the Civil Government of Counties Cities Towns and Villages there are divers Officers to whom belong several Courts for the due Administration of Justice First in every County except Durham and Westmorland there is a Sheriff which is a yearly Office the Power whereof extends all over the County except such Cities and Towns as are Counties of themselves that is which have the Priviledge of Counties In Middlesex only there are two Sheriffs upon the account of London the Capital City of the Kingdom The Sheriffs were heretofore chosen as Knights of the Shire by the Suffrages of the People But now they are appointed by the King after this manner First the Judges nominate six fit Men of each County that is Knights or Esquires of good Estates Out of that Number three are chosen by the Privy Counsellors and the twelve Judges assembled in the Exchequer and there sworn in order to it And out of this Number the King himself chuses whom he thinks fit Heretofore the same Sheriff served many years together and to this day this Office is hereditary to the Cliffords in the County of Westmorland by Charter from King John The Sheriffs Office is both Ministerial and Judicial As Ministerial he is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to Impannel Juries to bring Causes and Criminals to Trial and to see the Sentences executed In short there is no Execution of the Law but by the Sheriff for by him all Suits begin and all Process served He is likewise to collect all publick Profit as Taxes Fines Distresses and Amerciaments into the Kings Exche quer or where-ever the King shall appoint and to make such Payments out of it as he shall have due Order for At the Assizes he is to wait on and gard the Itinerant Judges so long as they continue within the County As to the Judicial Part of his Office he holds by virtue thereof two several Courts the one called the county-County-Court and the other the Sheriffs Turn The county-County-Court is held every Month by the Sheriff himself or his Deputy the Vnder Sheriff wherein he hears and determines Civil Causes of the County under 40 shillings which anciently was a considerable Sum. But this is no Court of Record The Sheriffs Turn is held twice a Year viz. within a month after Easter and within a montâ— after Michaelmas In this Court he inquire of all Criminal Offences against the Common Law wherein he is not restrained by any Statute For all the Bishops Earls Barons and all such as have Hundreds of their own to be kept are exempted from the Jurisdiction of this Court. In short this is a Court of Record in all Things that belong to it 'T is the Kings Leet through all the County whereof the Sheriff is Judge this Court being incident to his Office The Justices of Peace anciently called Wardens or Gardians of the Peace are such amongst the Gentry and sometimes amongst the Clergy as are appointed by the Kings Commission to attend the Peace of the County where they dwell Their Original is from the first year of Edward the III but they were not called Justices till the 36th Year of his Reign Their Office is to call before them examine and commit to Prison Rioters wandering Rogues Thieves Murderers false Moneyers those that hold Conspiracies and almost all Delinquents that may occasion the Breach of Peace and Quiet to the Kings Subjects and to see them brought forth in due time to Trial. If any one Swears himself to be in danger of his Life upon the Threats of another he may bind him over to his good Behaviour and the Justice shall commit him to Prison unless the finds good Security for his good Behaviour during a Year and a Day Among the Justices of Peace the Number whereof is as His Majesty thinks fit there are some particularly called Justices of the Quorum from these Words in the Commission Quorum A.B. unum esse volumus As for Example Where a Commission is directed to seven Persons or any three of them Whereof A.B. and C.D. to be two these are said to be of the Quorum because the rest cannot proceed without them So that a Justice of Peace and Quorum is one without whom the rest of the Justices in some Cases cannot proceed Every Quarter or three Months the Justices of each County meet at the chief or Shire Town from whence this Court came to be called the Quarter Sessions Where the Grand Inquest or Jury of the County is summoned to appear who upon Oath are to inquire of Malefactors Rioters and suspected Persons The G and Jury do's commonly consist of 24 grave and substantial Gentlemen or some of the better sort or Yeomen chosen indifferently or at least ought so to be by the Sheriff out of the whole Shire to consider of all Bills of Inditement preferred to the Court. Which Bills they do either approve by Writing upon them Billa Vera or disallow by indorsing Ignoramus Presently upon the Allowance of a Bill the Party concerned is said to be Indited and is committed to Prison But what Bills are Disallowed are delivered to the Bench by whom they are forthwith cancelled or torn If the approved Bills touch Life and Death they are further referred to another Jury to be considered of because the Case is of such Importance but others of lighter moment are proceeded upon by fining the Delinquents without any more ado Unless the Party traverse the Inditement or challenge it for Insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Jury and in the latter transmitted to a higher Court. In short the Trial is usually referred to the next Assizes when the Judges at Westminster go their Circuits Originally this Court seems to have been erected only for Matters touching the Peace but now it extends much further The Sheriff or his Under-Sheriff is bound to attend upon this Court with his Constables Bayliffs
the Letter T. for a Thief or M. for Manslayer Then he is delivered to the Bishops Officer to be kept in the Bishops Prison from whence after a certain time he is delivered by a Jury of Clerks But if he be taken and found Guilty again and his Mark discovered then 't is his Lot to be hanged But he whom the Jury pronounces Not Guilty is Acquitted forthwith and Discharged paying the Jaylor his Fees And as to those Prisoners who stand not Indited but were only sent to Prison upon Suspicion the Way is to Proclaim 'em first in this manner A. B. Prisoner stands here at the Bar If any Man can say any thing against him let him now speak for the Prisoner stands at his Deliverance If upon this no Evidence appears against him he is set free paying the Jaylor his Fees Which Way of Deliverance is called Deliverance by Proclamation CHAP. X. Of the Court Martial and Court of Admiralty THE Court Martial otherwise called Court of Chivalry is the Fountain of Martial Law and is only held in Time of War for Martial Discipline The proper Judges of this Court are the Lord High Constable and the Earl Marshal of England which last is also to see Execution â—tone The Court of Admiralty is about Maritime Concerns and the Judge thereof is commonly 〈◊〉 Dr. of the Civil Law For the Sea being out of the reach of the Common Law the Proceeding of this Court in all Civil Matters is according to the Civil Law And whereas the Sea by its Flux and Reâ—ux advances and runs-back twice a Day which makes the Bounds of the Sea and Land â—ovable every Day It is agreed upon that 〈◊〉 far as the Low-Water Mark is observed is within the Counties Jurisdiction and Causes â—ence arising are Determinable by the Common Law But upon a full Tide the Admiral has â—urisdiction as long as the Sea-flows over â—ll Matters done between the Low-Water Mark and the Land So that here is as Dr. Chamberlain says Divisum Imperium between the Common Law and the Court of Admiralty Besides the Civil Law which this Court proceeds by great Use is made here of the Maritime Laws of Rhodes and Oleron two Islands the former whereof is in the Mediterranean not far from the Continent of Asia the other in the Ocean near the Mouth of the Garonne in the Bay of Aquitain The Rhodian Laws were compiled by the Inhabitants of Rhodes a People anciently very powerful at Sea and whose Maritime Laws were esteemed so just and equitable that the very Romans so skilful in making of good Laws referred all Debates and Controversies in Sea-Affairs to the Judgment of the Rhodian Laws Those of Oleron called le Rolle d' Oleron were made by Order of King Richard I theâ— possessed of Aquitain and being at Oleron Which proved such excellent Laws for Sea-Matters that they came to be almost aâ— much respected and made use of in these Western Parts as the Rhodian Laws in the Levant To which King Edward III added very excellent Constitutions concerning Maritime Affairs still in force In Imitation whereof several other Sea-faring Nations have done the like for their respective Sea-Trade As to Criminal Matters especially about Piracy the Proceeding in this Court of Admiralty was according to the Civil Law till the Reign of Henry VIII When two Statute were made for Criminal Matters to be trieâ— by Witnesses and a Jury by the Kings special Commission to the Lord Admiral where 〈◊〉 some Judges of the Realm are ever Commissioners The Writs and Decrees of this Court run in â—he Name of the Lord High Admiral or Lords commissioners executing that Office and are â—irected to all Vice-Admirals Justices of â—ace Mayors Sheriffs Bayliffs Constablesâ—â—arshals and other Officers and Ministers as â—ell within Liberties as without To this Court belongs a Register and a Marâ—al The Marshal attends the Court and carâ—es a Silver Oar before the Judge whereon â—e the Kings Arms and the Lord High Adâ—irals Here the Lord Admiral has his Advocate â—d Proctor by whom all other Advocates and â—â—octors are presented and admitted by the â—â—dge All the Places and Offices belonging 〈◊〉 this Court are in the Gift of the Lord â—â—igh Admiral and now of the Lords Comâ—issioners The Court is held in the Afternoon in the common Hall at Drs. Commons But the Adâ—iralty-Session for the Trial of Malefators and Crimes committed at Sea is still â—eld at the ancient Place viz. S. Margaret's â—ll in Southwark CAHP. XI Of the Court of Marshalsea the Courts of Conscience the Court of Requests disused the Forest-Courts and Pie-powder Courts THE first is the Court or Seat of the Knight Marshal of the Kings House where he judges of Debts for which the Party has been Arrested within the Kings Verge and sent to the Marshalsea Which iâ— a Prison in Southwark where this Court iâ— kept King Charles I. erected a Court by Letters Parents under the Great Seal by the Name oâ— Curia Hospitij Domini Regis c. which takes Cognizance more at large of all Causes thaâ— the Marshalsea could of which the Knight Marshal or his Deputy are Judges The Courts of Conscience are inferiour Courtâ— established and settled by Parliament in many Parts of the Realm for the Relief of poâ—â— People whose Debt do's not amount to forty Shillings So that by any of these Courts the Creditor may recover his Debt and the Debtor pay it at an easy rate As for the Court of Requests 't was a Court of Equity much of the same nature with the Chancery but inferiour to it Called Court â—f Requests as being principally Instituted for the help of such Petitioners as in conscionable cases dealt by Supplication with the King This Court followed the King and was not â—xt in any Place But in process of time it â—sumed so great a Power and grew so burdenâ—â— and grievous to the Subject that it was â—ken away together with the Star-Chamber 〈◊〉 Statute made in the Reign of Charles I. For the Conservation of the Kings Forests â—â—d to prevent all Abuses therein there are â—ree Courts established one called the Juâ—ice of Eyres Seat another the Swainmote and â—â—e third the Court of Attachment The first is or should be by ancient Cuâ—â—m held every third Year by the Justices Eyre of the Forest journeying up and down 〈◊〉 the purpose aforesaid Swainmote is another Court as incident to a forest as a Pie-powder Court to a Fair. By â—e Charter of the Forest it is held thrice a â—ear before the Verderors as Judges What â—hings are Inquirable in the same you may 〈◊〉 in Cromp. Jurisd fol. 150. The lower Court is called the Attachment because the Verderors of the Forest have thereâ— no other Authority but to receive the Attchments of Offenders against Vert and Veniâ—n taken by the rest of the Officers and to Inrol â—â—em that they may be presented and punishâ—â— at the next Justice-Seat Now the Attachments are made three
manner of Ways 1. by â—oods and Chattels 2. by the Body Pledges â—â—d Mainprise 3. by the Body only This â—ourt is kept every 40 Days Pie-powder Court is a Court held in Fairs to yield Justice to Buyers and Sellers and for Redress of all Disorders committed in them These Courts are so called from the French Pie a foot and poudreux dusty the Fairs being kept most usually in Summer to which the Country people use to come with dusty feet A Pie-powder Court is held de hora in horam every hour and such is the Dispatch made here that Justice ought to be summarily administred within three ebbing and three flowing of the Sea CHAP. XII Of the Ecclesiastical Courts and first of the Convocation TO consult of Church-Matters and make Ecclesiastical Laws now and then the Convocation meets and that in time of Parliament Which Convocation is a National Synod or general Assembly of the Clergy convoked after this manner Some time before the Parliament sits the King by the Advice of his Privy Council sends his Writ to the Arch-bishop of each Province for Summoning all Bishops Deans Arch-Deacons c. assigning them the Time and Place in the said Writ Upon which the Arch-Bishop of Canterbury directs his Letters authentically sealed to the Bishop of London as his Dean Provincial wherein he cites him peremptorily and willeth him to cite in like manner all the Bishops Deans Arch-Deacons Gathedral and Collegiate Churches and all the Clergy of his Province to the Place and Day prefixt in the Writ But he directeth withal that one Proctor be sent for every Cathedral or Collegiate Church and two for the Body of the Inferiour Clergy of each Diocese All which the Bishop of London takes accordingly care of willing the Parties concerned person 〈◊〉 to appear and in the mean time to cerâ—ify to the Arch-Bishop the Names of every one so warned in a Schedule annexed to the Letter Certificatory Upon which the other Bishops of the Province proceed the Cathedral and Collegiate Churches and the inferiour Clergy of each Diocese make choice of their Proctors Which done and certified to the Bishop of London he returneth all at the Day And the same Method is used in the Province of York The Chappel of Henry VII annexed to Westminster Abbey is the usual Place where the Convocation of the Clergy in the Province of Canterbury meets Whilst the Arch-Bishop of York holds at York a Convocation of all his Province in like manner Thus by constant Correspondence these two Provinces tho so â—r distant from each other do debate and â—onclude of the same Matters The Convocation is like the Parliament disided into two Houses the higher and the â—wer And all Members have by Statute the â—â—me Priviledges for themselves and menial â—ervants as the Members of Parliament have The higher House in the Province of Canterbury which is by much the larger of the two consists of 22 Bishops whereof the Arch-Bishop is President Who sits in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes and Hoods the Arch-Bishops Hoods furred with Ermin and the Bishops with Minever The lower House consists of all the Deans Arch-deacons one Proctor for every Chapter and two Proctors for all the Clergy of the Diocese Which make in all 166 Persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan Clergy The first Business of each House upon their Meeting is to chuse each a Prolocutor or Speaker The Prolocutor of the lower House being chosen he is presented to the upper House by two of the Members whereof one makes a Speech and the elect Person another both in Latine To which the Arch Bishop answers in Latine and in the Name of all the Lords approves of the Person The Matters debated by both Houses are only such as the King by Commission do'â— expresly allow viz. Church and Religion Matters first proposed in the Upper and thâ—â— communicated to the Lower House And the major Vote in each House prevails Sometimes there have been Royal Aids granted to the King by the Clergy in Convocation Anciently this Assembly might without 〈◊〉 now with the Royal Assent make Canon touching Religion binding not only them selves but all the Laity without Consent oâ— Ratification of the Lords and Commons iâ— Parliament Neither did the Parliament meddle in the making of Canons or in Doctrinal Matters till the Civil Wars in the Reign of Charles I. Only when thereto required they by their Civil Sanctions did confirm the Results and Consultations of the Clergy whereby the People might be the more easily induced to obey the Ordinances of their Spiritual Governours To conclude the Laws and Constitutions whereby the Church of England is governed are first general Canons made by general Councils with the Opinion of the orthodox Fathers and the grave Decrees of several holy Bishops of Rome which have been admitted from time to time by the Kings of England Then our own Constitutions made anciently in several Provincial Synods both by the Popes Legates Otho and Othobon and by several Arch-Bishops of Canterbury all which are of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Next to those Constitutions this Church is also governed by Canons made in Convocations of latter times as in the first Year of the Reign of King James I and confirmed by his Authority Also by some Statutes of Parliament â—ouching Church-Affairs and by divers Immeâ—orial Customs But where all these fail the Civil Law takes place CHAP. XIII Of the Court of Arches the Court of Audience the Prerogative-Court the Court of Delegates the Court of Peculiars c. FROM the Church Legislative I come to the Executive Power for which there have been several Courts provided Amongst which is the Court of Arches the chief and most ancient Consistory that belongeth to the Arch-Bishop of Canterbury for the debating of Spiritual Causes So called from the arched Church and Tower of S. Mary le Bow in Cheapside London where this Court is wont to be held The Judge whereof is called Dean of the Arches or the Official of the Court of Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of 13 Parishes in London termed a Deanry being exempt from the Bishop of Londons Jurisdiction and belonging to the Arch-Bishop of Canterbury All Appeals in Church-Matters within the Province of Canterbury are directed to this Court. In which the Judge sits alone without Assessors hearing and determining all Causes without any Jury The Advocates allowed to plead in this Court are all to be Doctors of the Civil Law Who upon their Petition to the Arch-Bishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court but must not practise the first Year Both the Judge and the Advocates always wear their Scarlet Robes with
Court of Goal Delivery is usually held 8 times a Year at the Old-Baily both for the City of London and County of Middlesex for the Trial of Criminals The Lord Mayor is the chief Judge of this Court assisted by some of the Judges besides the Recorder and the two Sheriffs He has the Power of Reprieving condemned Persons The Two Sheriffs Courts are held in Guild-hall the one by one Sheriff every Wednesday and Friday for Actions entred at the Woodstreet Compter the other by the other Sheriff every Thursday and Saturday for Actions entred at the Poultry Compter To these Courts belong 8 Attorneys whose Business here is not to keep any Record but only to assist their Clients and take their Fees due to them in every Cause Two Secondaries who allow and return all Writs brought to remove Causes out of these Courts Two Clerks of the Papers whose business is to draw the Subpoenas for Witnesses to appear and to file and copy all Declarations upon Actions in these Courts Two Protonotaries who draw and ingross all such Declarations Eight Clerk-sitters who enter Actions and Attachments and take Bails and Verdicts In these Courts may be tried Actions of Debt Case Trespass Accompt and Covenants broken Attachments and Sequestrations And if either Party shall have a Witness that cannot stay in London till the Day of Trial his Testimony may be taken in writing which will be allowed as good Evidence As to the Chamberlain's Court or Office 't is Kept in the Chamber of Guildhall As he is intrusted with the Cities Cash and the Orphans Mony so when he takes this Office upon him he must give good Security to the Court of Aldermen and he is accountable to Auditors appointed and chosen for that purpose To him belongs the Business of Apprentices over whom he has a great Authority Therefore he attends at Guildhall usually every Forenoon to Inroll and turn over Apprentices and to make such Free as have duly served the full Term of 7 Years and have not married nor taken Wages in that Time When any Difference happens betwixt a Master and his Apprentice the most prudential Way is to refer the matter before the Chamberlain who will freely hear both Parties and decide the Controversy for 3 Shill Charge viz. 1 Shill to the Officer for the Summons and 2 Shill to the Clerk for the Order Whereas if they proceed at Law for Relief it may cost both Parties five or six pounds in Charges and the Conclusion may be less satisfactory than if decided by such Reference as aforesaid If an Apprentice shall be unruly or disorderly in his Master's House or commit any notorious Fault Mr. Chamberlain upon Complaint made thereof will send one of his Officers for such Apprentice and send him to Bridewell or punish him otherwise according to the nature of the Offence And if any Master shall misuse his Apprentice by beating him unreasonably or with unlawful Weapons or by neglecting to instruct him or to find him Necessaries Mr. Chamberlain upon Complaint thereof made will send a Summons for the Master to appear before him and upon hearing both Parties will relieve the Apprentice or leave him to take his Remedy against his Master in the Lord Mayor's Court. And if the Master shall refuse to appear before the Chamberlain being duly Summoned My Lord Mayor or Mr. Recorder upon Complaint made thereof will grant a Warrant to apprehend such Freeman and compel him to appear When an Apprentice is by Consent of his Master to be turned over to another Master of the same Trade it must be done first before the Company where he was bound and then before the Chamberlain For hereby the first Master is discharged from him and the second obliged to keep him as the Apprentice on his side is obliged to serve him the full Term of the Indentures Otherwise there is no Obligation upon the second Master to Keep such Apprentice nor upon this to serve him so that the Apprentice may sue out his Indenture against his first Master If any Master shall refuse to make his Apprentice free when the Term in his Indenture 〈◊〉 expired upon Complaint thereof made Mr. Chamberlain will cause the Master to be Summoned before him and if he cannot shew good Cause to the contrary will make the Apprentice free Lastly if any Freeman to make an Apprenâ—ice Free of London do testify that he has â—eally served him the full Term of 7. Years when he has not served him so long both he 〈◊〉 the Apprentice may be Disfranchised and â—ined at the pleasure of Mr. Recorder and Mr. Chamberlain will in such Case cause the Freemans Shop to be shut up CHAP. XV. Of the Orphans Court the Court of Conscience or Requests the Court for the Conservation of the River and the Pie-powder Court THE Orphans Court is held before the Mayor and Aldermen who are Guardians to the Children of all Freemen of London that are or shall be under the Age of 21 Years at the time of their Father's Decease This Court meets at Guildhall but once a Year viz. on the Munday morning after Midlent Sunday which is termed Call-Day For then they meet purposely to hear the Name called over of all the Securities that stand bound for Orphans Portions and upon that Day on of every of the Sureties ought to appear to give an Account whether the other Securities are living and in good Condition anâ— whether the Orphans are living and married If none of the Securities appear upon thâ— Day they forfeit their Bonds and Recognâ—zances Then the Clerk of this Court whâ— is always the youngest Attorney in the Loâ— Mayor's Court makes out Process against theâ— forces 'em to an Account and they must pay the Charges of the Process But that you may Know more fully how this great Concern of the Orphans is managed for their benefit and what Care is taken of their Welfare I shall make bold to inlarge a little upon this Subject out of Lex Londinensis When a Freeman of London dies leaving Children under Age the Clerks of the respective Parishes within the Bill of Mortality ought to give the Name of such Freeman to the common Crier of the City Who is thereupon to summon the Widow or Executor of such Freeman to appear before the Court of Aldermen there to be bound to bring in an Inventory of the Testator's Estate within the space of two Months And that the Inventory may be given in due time the Court of Aldermen have made an Order not to allow any finding Mony or Interest for any Mony that shall be paid into the Chamber of London by any Executor or Administrator belonging to any Freemans Estate until such time as the Executor or Administrator do bring in and exhibit upon Oath a true and perfect Inventory to the best of his Knowledge If the Party summoned do not appear the Lord Mayor sends his Warrant and forces an Appearance And if any Executor resuse to
against the Executor and so much of his Will as shall be contrary to the Custom will be declared void and of none effect But if a Freeman die without a Will and leave a Wife and Children this Court grants Administration of his Estate to his Widow By the Custom of London she will claim a third part of his Estate one third must be divided amongst his Children and the other third between the Wife and Children but so that usually the Widow is allowed two Thirds of the Freemans third part and the Children one Third thereof If a Freeman shall in the time of his last Sickness give and deliver any part of his Goods Chattels or Moneys to his Wife or Child or any other Person with Intent that such Person shall keep the same to his or her own Use such Gift being against the Custom of London shall be accounted part of the Freemans Estate at the time of his Death and may be recovered by Bill in this Court. For a Freman cannot in the time of his Sickness whereof he shall die give away any part of his Estate otherwise than by his last Will. If a Freeman having given in his Life-time part of his Estate to any of his Children in Marriage or otherwise do afterwards make his Will and give all his Estate away to his other Children with a Declaration that the Child he so disposed in Marriage had received 500 l. or more of his Estate and was thereby fully advanced such Declaration shall not bar the Person so married but he or she may recover after the Father's Decease an equal share with the other Children But then the Mony received of his Father in his Life-time must come into the Account and be reckoned part of the Estate left by him at his Death Which is called bringing of the Mony into Hotchpot Moreover if a Freeman shall settle or make over any part of his Estate to the Use of his Children with design to defraud his Wife of her full third Part the Widow may after his Death set aside such Settlement by a Bill in this Court Lastly when an Inventory is exhibited in this Court and the Orphans can prove any Goods omitted or undervalued or any Debts charged to be owing from the Deceased which were not real and just Debts In such Case upon Complaint made the Clerk will summon a Jury to inquire whether the Inventory so exhibited be a true and perfect Inventory or not And if the Jury find any Omissions Undervaluations or Surcharges then the Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory and will thereby compel him to make so much as shall be found by the Jury to be omitted undervalued or surcharged Unless he can by Proof discharge himself thereof before the Court of Aldermen who upon Application made by any Executor will examine into his Accounts and do right to all Parties without any Expence to the Executor or the Orphans And when it shall appear by an Inventory that many Debts are standing out due to the Deceased the Court of Aldermen do constantly compel the Executor to give Bond to render a true Account from time to time when he shall be thereunto required which is usually once in a Twelve-month And if upon the Exhibiting thereof it shall appear that any Mony is due to the Orphans the Executor must either pay it into the Chamber of London or give good Security to pay the same Which if he omit or refuse his Bond will be put in Suit against him The Court of Conscience otherwise called the Court of Requests is a Court established and settled by an Act of Parliament in the 3d Year of the Reign of King James I. Which Impowers this Court to hear examine and determine with Equity or good Conscience all Matters brought before them between Party and Party Citizens of London where the Debt do's not amount to forty shillings An Act very beneficial both for the Relief of such poor Debtors as cannot make present Payment of their Debts and for such poor Persons as have small Debts owing to them and are not able to prosecute a Suit in Law for the same This Court sits in Guildhall every Wednesday and Saturday in the Forenoon consisting of two Aldermen and four Commoners monthly appointed by the Lord Mayor and Court of Aldermen but any three of them make a Court. A Cause may be brought and determined in this Court for 10 pence Charge viz. 6 pence for the Plaint and the Summons and 4 pence for the Order But if the Defendant do not appear the second Court-Day after Summons an Attachment will be awarded against him which will compel him to appear and increase the Charge If any Citizen be Arrested for a Debt under â—o Shill this Court will grant a Summons for the Plaintiff in the Action And if he appear not the first Court-day after the Summons left at his House the same will grant an Attachment against him force him to take his Debt and to pay the Defendant his Costs The Court for the Conservation of the Thames is held before the Lord Mayor at such Times â—s he appoints and directs within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff for the time being is My Lord Mayors Deputy and ought to give notice to his Lordship of all Offences committed by any Persons contrary to the Orders made for Preservation of the Brood and Fry of Fish in the said River To which purpose he is by this Court Ordered and Impowred from time to time to Authorize Two â—onest Fishermen or more in such Town and Places as he shall think convenient aswell beâ—ow as above the Bridge to be assistant to him â—n the Execution of his Duty and when they â—hall think fit to go out and search for any â—uch Offenders take away their Nets and give â—heir Names to Mr. Water-Bayliff that they 〈◊〉 severely proceeded against according to â—aw This Power of the Lord Mayor for the Conservation of the River of Thames and the â—unishment of all Offences within it has been â—ercised by the Mayor of London and his â—redecessors time out of mind By King Edward the Thirds Charter to this City the Citizens are Authorized to remove and take away all Kidels in the Water of the River of Thames and Medway and have the Punishment to the King belonging thereof coming And by a Statute made in the 17th Year of the Reign of Richard II. it is Ordained that the Mayor of London shall have the Conservacy of the Thames and put in execution the Statutes of 13 Edward I. 13 Richard II. from the Bridge of Stanes to London and from thence over the same Water and in the Water of Medway The Pie-Powder Court is a Court held during the first 3 Days of Bartholomews Fair by Stewards assigned by the Lord Mayor and Court of Aldermen to examine and try all Suits brought for