the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aroâ—e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adultâ—mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idonâ—os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Peâ—y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chanceâ—y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents
of St. Swâ—then standeth at the South vvest corner of this Lane Licence vvas procured to new build and increase the said Church and Steeple in the year 1420. Sir Iohn Hend Draper and Maior was an especial Benefactor thereunto as appeareth by his Arms in the Glasse vvindows even in the tops of them which is in a Field Argent a Chief Azure a Lyon passant Argent a Cheueron Azure three Escalops Argent Ralph Ioceline Maior of London among others hath a Monument in this Church having bin a benefactor to it On the South side of this high street near unto the Channel is pitched upright a great stone called London stone fixed in the ground very deep fastned with Barres of Iron and otherwise so strongly set that if Carts do run against it through negligence the VVheels be broken and the Stone it self unshaken The cause vvhy this Stone was there set the time when or other memory thereof is none but that the same hath long continued there is manifest namely since or rather before the Conquest for in the end of a fair written Gospel Book given to Christs Church in Canterbury by Ethelstane King of the vvest Saxons mention is made of Lands and Rents in London belonging to the said Church whereof one parcel is described to lie near unto London Stone Of latter time we read that in the year of Christ 1135. the first of King Stephen a fire which began in the house of one Ailward near unto London stone consumed all East to Ealdgate in which fire the Priory of the Holy Trinity was burnt and vvest to St. Erkenwalds shrine in Pauls Church and these be the Eldest Notes that I read thereof Some have said this stone to be set there as a Mark in the middle of the City within the Wall but in truth it standeth far nearer to the River of Thames than to the Wall of the City Some others have said the same to be set for the tendering and making of payment by Debtors to their Creditors at their appointed dayes and times till of latter time payments were more usually made at the Font in Ponts Church and now most commonly at the Royal Exchange Some again have imagined the same to be set up by Iohn or Thomas London-stone dwelling there against it but more likely it is that such men have taken name of the Stone than the Stone of them as did John at Noke and Thomas at Stile William at Wall or at Well c. But the most probable opinion is that it was placed there by the Romans for a Milliare as was observed elswhere in this Discourse Down West from this Parish Church and from London-stone have ye Wallbroke corner from whence runneth up a street North to the Stocks called Walbrook because it standeth on the East side of the same Brook by the Bank thereof and the whole Ward taketh name of that street On the East side of this street and at the North corner thereof is the Stocks Market which had this beginning About the year of Christ 1282 Henry Wallis Mayor caused divers houses in this City to be builded towards the maintenance of London-Bridge namely in one void place neare unto the Parish Church called Wooll-Church On the North side thereof where sometime the way being very large and broad had stood a pair of Stocks for punishment of offenders This building took name of those Stooks and was appointed by him to be a Market-place for Fish Flesh in the midst of the City other Houses be builded in other places by Patent of Edward the first it doth appear dated the tenth of his Reign After this in the year 1322 the seventeenth of Edward the second a Decree was made by Hamond Chickwell Mayor that none should sell fish or flesh out of the Markets appointed to wit Bridge-street East-cheap Old Fish-street St. Nicholas Shambles and the said Stocks on pain to forfeit such fish or flesh as were there sold for the first time and the second time to lose their Freedom Which Act was made by commandment of the King under his Letters Patents dated at the Tower the 17th of his Reign then was this Stocks let to Farm for forty six pounds thirteen shillings four pence by year this Stocks Market was again begun to be builded in the year 1410 in the eleaventh of Henry the fourth and was finished in the year next following In the year 1507 the same was rented fifty six pounds nineteen shillings ten pence And in the year 1543 John Cotes being Mayor there was in this Stocks Market for Fishmongers five and twenty Boards or Stalls rented yearly to 34 pounds 13 shillings 4 pence There was for Butchers 18 Boards or stalls rented at 41 pounds 16 shillings 4 pence and there were also Chambers above sixteen rented at five pounds thirteen shillings four pence in all eighty two pounds three shillings Next unto this Stocks is the Parish Church of St. Mary VVool-Church so called of a Beam placed in the Church-yard which was thereof called Wool-Church Haw of the Tronage or weighing of Wooll there used and to verifie this we find amongst the Customs of London written in French in the Reign of Edward the second a Chapter intituled Les Customes de VVooll-Church Haw wherein is set down what was there to be paid for every parcel of Wooll weighed this Tronage or weighing of Wooll till the sixth of Richard the second was there continued John Church-man then builded the Custome-house upon VVooll Key to serve for the said Tonnage as is before shewed in Tower-street Ward This Church is reasonable fair and large and was afterwards new builded by Licence granted in the twentieth of Henry the sixth with condition to be builded fifteen foot from the Stocks Market for sparing of light to the said Stocks the Parson of this Parish is to have four Marks the year for Tyth of the said Stocks paid him by the Masters of the Bridge-house by a special Decree made the second of Henry the seventh In the year about 1500 John VVingar Lord Mayor gave two Basons of silver to this Church And Richard Shore Sheriff of London made the Porch at the West end they lye both there entombed From the Stocks Market and this Parish Church East up into Lombard-street some four or five houses on a side and also on the South side of VVooll-Church have ye Bear-Binder Lane a part whereof is of this VVallbrook Ward Then down sower in the street called Wallbrook is one other fair Church of St. Stephen builded new on the East side thereof for the old Church stood on the West side in place where now standeth the Parsonage House and therefore so much nearer to the Brook even on the Bank This Church was finished in the year 1439. The breadth thereof is sixty seven foot and length one hundred twenty five foot the Church-yard ninty foot in length and thirty seven in breadth and more Robert VVhittingham made Knight
is now called Bacon-House because the same was new builded by Sir Nicholas Bacon Lord-Keeper of the Great Seal Down on that side by Serjeant Fleet-Woods house Recorder of London who also new builded it to Saint Olaves Church in Silver-Street which is by the North-West End of this Noble-Street Then have ye Maine Street of this Ward which is called Saint Martins lane in cluding Saint Martin on the East side thereof and so down on both the sides to Aldersgate And these be the bounds of this Ward within the Wall and Gate Without the Gate the main Street called Aldersgate-Street runneth up North on the East side to the West end of Hounds-ditch or Barbican-Street a part of which Street is also of this Ward And on the West side to Long-Lane a part whereof is likewise of this Ward Beyond the which Aldersgate is Goswell Street up to the Barrs And on the West side of Hidersgate Street by Saint Buttolphs Church is Briton-Street which runneth West to a Pumpe and then North to the Gate which entreth the Church-Yard sometimes pertaining to the Priory of Saint Bartholomews on the east side on the west side towards St. Bartholomews Spittle to a paire of posts there fixed And these be the bounds of this Aldersgate Ward without The antiquities be these first in Stainâ—ng lane of old time so called as may be supposed of Painter-stainers dwelling there On the East side thereof adjoyning to the Aaberdashers Hall be ten Almes-houses pertaining to the Haberdashers wherein be placed ten Almes people of that Company every of them having Eight pence the peece every Friday for ever by the gift of Thomas Huntlow Haberdasher one of the Sheriffs in the year 1539. Then is the small Parish Church of Saint Mary called Staining because it standeth at the North end of Staining lane Then is Engain lane or Maiden lane and at the North-West Corner thereof the Parish Church of St. John Zachary a fair Church with the Monuments well preserved of Thomas Lichfield who founded a Chancery there in the fourteenth of Edward the second On the East side of this Foster Lane at Engane Lane end is Goldsmiths Hall a proper House but not large and therefore to say that Bartholmew Read Goldsmith Mayor in the year 1502 kept such a feast in this Hall as some have fabuled is far incredible and altogether unpossible considering the smallnesse of the Hall number of the Guests which as they say were more than one hundred persons of great estate But of late years the said Goldsmiths Hall is much enlarged and in a stately and sumptuous manner in so much that it may compare with any other Hall in London Then at the North end of Noble-street is the Parish Church of St. Olave in Silver-street a small thing On the West side of Foster-Lane is the small Parish Church of St. Leonards for them of St. Martins le Grand A number of Tenements being lately builded in place of the great Collegiate Church of St. Martin that Parish is mightily encreased Then in Pope-lane so called of one Pope that was owner thereof On the North side is the Parish Church of Saint Anne in the Willowes so called I know not upon what occasion but some say of Willowes growing thereabouts but now there is no such void place for Willowes to grow more than the Church-yard wherein do grow some high Ash-trees to this day Then in St. Martins Lane was of old time a fair and large Colledge of a Dean and Secular Canons or Priests and was called Saint Martins le grand founded by Ingelricus and Edwardus his Brother in the year of Christ 1056 and confirmed by William the Conqueror as appeareth by his Charter dated 1068. This Colledge claimed great Priviledges of Sanctuary and otherwise as appeareth in a Book written by a Notary of that House about the year 1442 the nineteenth of Henry the sixth wherein amongst other things is set down and declared that on the first of September in the year aforesaid a Souldier prisoner in Newgate as he was led by an Officer towards the Guild-Hall of London there came out of Panyer Alley five of his fellowship and took him from the Officer brought him into Sanctuary at the West door of St. Martins Church and took Grithe of that place But the same day Philip Malpas Robert Marshall then Sheriffs of London with many other entred the said Church and forcibly took out with them the said five men thither fled led them fettered to the Counter and from thence chained by the Necks to Newgate of which violent taking the Dean and Chapter in large manner complained to the King and required him as their Patron to defend their Priviledges like as his Predecessors had done c. All which complaint and suite the Citizens by their Counsel Markham Serjeant at the Law Iohn Carpenter common Clerk of the City and others learnedly answered offering to prove that the said place of St. Martin had no such Immunity or Liberty as was pretended Notwithstanding after long debating of this Controversie by the Kings commandment assent of his Councel in the Starr-Chamber the Chancellour and Treasurer sent a Writ unto the Sheriffs of London charging them to bring the said five persons with the cause of their taking and withholding afore the King in his Chancery on the Vigil of Alhallowes on which day the said Sheriffs with the Recorder and Counsel of the City brought and delivered them accordingly afore the said Lords where the Chancellour after he had declared the Kings Commandement sent them to St. Martins there to abide freely as in a place having Franchises whiles them liked c. Without Aldersgate on the East side of Aldersgate-street is the Cookes Hall which Cooks or Pastlers were admitted to be a Company and to have a Master and Wardens in the two and twentieth of Edward the fourth From thence along unto Houndsditch or Barbican street be many fair Houses on the West side also be the like fair buildings till ye come to Long-Lane and so to Goswell street In Britaine street which took that name of the Duke of Britain Lodging there is one proper Parish Church of St. Buttolph In which Church was sometime a Brotherhood of St. Fabian and Sebastian founded in the year 1377 the fifty one of Edward the third and confirmed by Henry the fourth in the sixth of his Reign Then Henry the sixth in the twenty fourth of his Reign to the honour of the Trinity gave Licence to Dame Joane Astley sometime his Nurse to R. Cawood and T. Smith to found the same a Fraternity perpetually to have a Master and two Custos with Brethren and Sisters This Brotherhood was endowed with Lands more than thirty pounds by the year and was suppressed by Edward the sixth Of the One and Twentieth Ward or Aldermanry of the City of London called Faringdon Ward Intra ON the South side of Aldersgate Ward lyeth Faringdon Ward called
Tribulations and perplexities wherein we have exceeding much bin encumbred by comforting us and by applying and in powring remedies upon us beyond all hope and expectation There was also adjoyning hereto a Palace the ancient Habitation of the Kings of England from the time of King Edward the Confessor which in the Raign of King Henry the eighth was burnt by casual fire to the ground A very large stately and sumptuous Palace this was and in that age for building incomparable with a Vawmure and Bulwarks for defence The remains whereof are the Chamber wherein the King the Nobles with the Councellors and Officers of State do assemble at the High Court of Parliament and the next unto it wherein anciently they were wont to begin the Parliaments known by the name of St. Edwards painted Chamber because the Tradition holdeth that the said King Edward therein dyed Adjoyning unto this is the White-Hall wherein at this day the Court of Requests is kept beneath this is that Hall which of all other is the greatest and the very Praetorium or Hall of Justice for all England In this are the Judicial Courts namely The Kings Bench The Common Pleas and the Chancery and in places near thereabout the Star-Chamber the Exchequer Court of Wards and Court of the Dutchy of Lancaster c. In which at certain set times we call them Termes yearly Causes are heard and tryed whereas before King Henry the third his dayes the Court of Common Law and principal Justice was unsetled and alwayes followed the Kings Court But he in the Magna Charta made a Law in these words Let not the Common Pleas follow our Court but be holden in some certain place which notwithstanding some expound thus That the Common Pleas from thenceforch be handled in a Court of her own by it self a part and not in the Kings Bench as before This Judgement-Hall which we now have King Richard the second built out of the ground as appeareth by his Arms engraven in the Stone-work and many Arched Beams when he had plucked down the former old Hall that King William Rufus in the same place had built before and made it his own Habitation For Kings in those dayes sate in Judgement place in their own persons And they are indeed the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Judges whose mouth as the Royal Writer saith shall not erre in judgement But the foresaid Palace after it was burnt down in the year of our Lord 1512. lay desolate and King Henry the eighth translated shortly after the Kings Seat from thence to an House not far off which belonged but a while before to Cardinal Woolsey and is called White Hall This House is a Princely thing enclosed on the one side with a Park that reacheth also to another House of the Kings named Saint James where anciently was a Spittle for Mayden Lepers demolished by King Henry the eighth as is spoken else-where Hard by near unto the Mues so called for that it served to keep Hawkes and now is become a most fair Stable for the Court Horses there remaineth a Monument in memorial of that most pious and kind Queen Eleanor erected by King Edward the first her most dearly beloved Husband and certainly the memory of her conjugal love shall remain worthy to be consecrated to eternity For she the Daughter of Ferdinand the third King of Castile being given in Mariage to Edward the first King of England accompanied him into the Holy Land where when as he was secretly fore-laid and by a certain Moor wounded with an envenomed Sword and by all the remedies that Physitians could devise was not so much eased as afflicted she took her to a strange cure I must needs say and never heard of before howbeit full of love care and affection For her Husbands wounds infected with the poyson and which by reason of the malignity thereof could not be closed and healed she day by day licked with her Tongue and sucked out the venomous humor which to her was a most sweet Liquor by the vigour and strength whereof or to say more truly by vertue of a Wives sâ—ingular fidelity she so drew unto her all the substance of the poyson that the wounds being closed and cicatrized he becam perfectly healed and she caught no harm at all what then can be heard more raâ—e what admirable then this Womans faithful more love That a Wives Tongue thus annoynted as I may so say with faith and love to her Husband should from her well beloved draw those poysons which by an approved Physitian could not be drawn and that which many and those right exquisite Medicines effected not the love only and piety of a Wiâ—e performed These are the words of the aâ—cient Record But we must not passe by the Mewse so sleightly that place was called so of the Kings Faulcons there kept which in former times was an Office of high esteem But Henry the eighth having his Stablings at Lomesberry now called Blomesberry which was then a Mâ—nnor in Holborn it fortuned that the same was consumed by â—ire with Hay and Horses whereupon the Mewse was enlarged and made fit for the Kings Stables which hath continued ever since receiving divers additions from time to time But now we are according to the method of our Discourse summoned to appear at Westminster-Hall But I had almost pretermitted one signal thing which belongs to the great Dome or Temple of Westminster Abbey which is the great priviledge of Sanctuary it had within the Precincts thereof viz. the Church the Church-yard and the Close whereof there are two the little and the great Sanctuary vulgarly now called Centry from whence it was not lawful for the Soveraign Prince himself much lesse any other Magistrate to fetch out any that had fled thither for any offence which Prerogative was granted near upon a thousand years since by King Sebert then seconded by King Edgar and afterwards confirmed by Edward the Confessor whose Charter I thought worthy the inserting here the Tenor whereof runs thus in the modern English Edward by the Grace of God King of Englishmen I make it to be known to all Generations in the VVorld after me that by special Commandment of our holy Father Pope Leo I have renewed and honoured the holy Church of the blessed Apostle St. Peter of Westminster and I order and establish for ever that what Person of what estate or condition soever he be and from whence soever he come or for what offence or cause it be either for his refuge into the said holy place he be assured of his life liberty and Limbs And over I forbid under pain of everlasting damnation that no Minister of mine or any of my Successors intermeddle themselves with any the Goods Lands or possessions of the said persons taking the said Sanctuary For I have taken their Goods and Livelihoods into my special protection And therefore I grant to every each of them in as much as my Terrestrial
businessse aforesaid so that the business may not by any means remain undone for want of such power or by reason of the unprovident Election of the foresaid Knights Burgesses and Citizens But we will not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay unto us in our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto us the other part of the Indenture aforesaid affil'd to these presents ogether with the Writ Witness our Self at Westminster This Commission or Writ is the foundation whereon the whole fabrick of the power and duty of both Houses of Parliament is grounded The first House is to parley or have conference and to treat and consult with the King the other House is to do and consent only unto what the other shall ordain This was the Law and usage in former times but what is the power of the Commons in these dayes now that the Government is altred and cast into another mould the House of Peers being dissolved it is not the intent of this Discourse to determine At the return of the Writs aforesaid the Parliament could not begin but by the Royal presence of the King either in Perâ—on or by Representation By Representation two wayes either by a Gardian of England by Letters Patenrs under the Great Seal when the King was in remotis out of the Realm or by Commission under the Great Seal to certain Lords of Parliament representing the Person of the King he being within the Realm but absent in respect of some infirmity On the first day of the Parliament the King himself or most commonly the Lord Chancellor or Keeper in the presence of the Lords and Commons did shew the causes of the calling of High Court of Parliament but the King might have appointed any other to be his Prolocutor in this case Then the Commons are to choose their Speaker but in regard that after their choyce the King might refuse him for avoiding of time and contestation the use was as in the Congè deslire of a Bishop that the King doth recommend a discreet and learned man whom the Commons elect but without their Election no Speaker can be appointed for them because he is their mouth and intrusted by them and so necessary that the House of Commons cannot sit without him therefore a grievous sickness is a good cause to remove him as in Henry the 4th Raign Iohn Chervy Speaker was for sickness discharged and Sir Iohn Dorewoold chosen in his place but sickness is no cause to remove any Knight Citizen or Burgesse The Speaker being voted in the House was presented to the King where being allowed he made a supplication consisting of three parts First That the Commons in Parliament might have free speech Secondly That in any thing he should deliver in the name of the Commons if he should commit any error no fault should be imputed to the Commons Thirdly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by the directions of the House have access to his Royal Person Any of the Peeâ—s by the Kings leave may absent himself and make a proxy to another Lord but a Knight Citizen or Burgess cannot make a Proxy because he is elected and intrusted by multitudes of people And it is to be observed though one be chosen for one particular County or City yet when he is returned and sits in Parliament he serveth for the whole Common-wealth There belongs to Parliament a Prorogation or adjournment which differ in this A Prorogation presupposeth a Session and then such Bills as passed in either House or by both Houses and had no Royal assent unto them must at the next Assembly begin again for every Session in Parliament is in Law a several Parliament but if it be but adjourned then there is no Session When a Parliament is called and doth sit and is dissolved without any Act passed or judgement given it is no Session of Parliament but a Convention Touching the Power and Jurisdiction of Parliament for making of Lawes in proceeding by Bill it is so transcendent and absolute as it cannot be confined within any bounds No Alien is capable to be chosen a Parliament-man nor can any of the Judges of the Kings Bench or Common Pleas or Barons of the Exchequer that have Judicial places or any Church-man that hath care of souls be chosen a member of the House of Parliament For others the King cannot grant a Charter of Exemption to any man to be freed from Election of Knight or Burgesse of the Parliament because the Elections of them ought to be free for the publique service OF THE COVRT OF THE KINGS-BENCH THE Royallest Court in the Land Now called The Upper Bench. THe Lawes of England presuppose the King to be the Fountain and Oracle of Justice and to have special inspirations from Heaven to that purpose therefore all the Tribunals of Judicature were used to be ambulatory with his Court and He was wont to sit in Person in the Upper Bench which is the Supreme Tribunal of the Land The Justices in this Court are the soveraign Justices of Oyer and Terminer Goal-delivery Conservation of the Peace c. in the Realm In this Court the Kings of this Realm have sat as being the highest Bench and the Judges of that Court on the lower Bench at his Feet but Judicature only belongeth to the Judges of that Court and in his presence they answer all Motions c. The Justices of this Court are the soveraign Coroners of the Land and therefore where the Sheriffs and Coroners may receive appeals by Bill à fortiori the Justices of this Court may do it so High is the authority of this Court that when it comes and sits in any County the Justices of Eire of Oier and Terminer Coal-delivery they which have conusance c. do cease without any writing to them But if any Indictment of Treason or Felony in a Forain County be removed before certain Commissioners of Oier and Terminer in the County where this Court sits yet they may proceed because this Court for that this Indictment was not removed before them cannot proceed for that offence But if any Indictment be taken in Midd in the vacation and after this Court sit in the next Term in the same County if this Court be adjourned then may special Commissioners of Oier and Terminer c. in the interim proceed upon that Indictment but the more usual way is by special Commission And this was resolved by all the Judges of England at Winchester Anno 1 ' Iacobi Regis in the Case of Sir Everard Digby and others and so had it been resolved Mich. 25 and 26 Eliz. in the Case of Arden and Somervile for
this kind of special Commission of Oier and Terminer and herewith agreeth Pl. Com. in the Earl of Leic ' Case Anno 1 Mar. Reginae And so supream is the Jurisdiction of this Court that if any Record be removed into this Court it cannot being as it were in his Center be remanded back unlesse it be by Act of Parliament And this appeareth by the Judgment of the Parliament in Anno 6. H. 8. but by the authority of that Act Indictments of Fellonies and Murders removed into the Kings Bench may by the Justices of that Court be remanded and this Court may send down aswell the Bodies of all Felons and Murderers as their Indictments into the Counties where the same Murders of Felonies were committed or done c. in such manner c. as if the Indictments had not been brought into the Kings Bench. Out of this Court are other Courts derived as from one Fountain several Springs and Rivers in repect of the multiplicity of Causes which have encreased Jurisdictio istius curiae est originalis seu ordinaria non delegata The Justices of this Court have no Commission Letters Patents or other means to hold Pleas c. but their power is original ordinary They were called ancienlty Iusticiae Justiciarii locum tenentes Domini Regis c. The chief Justice Justicia Angliae Justicia prima Iusticiarius Angliae Capitalis and Iusticiarius noster Capitalis adplacita coram nobis terminand ' To observe the Changes of these names and the reason and Changes thereof is worthy of observation Before the Reign of E. 1. the Chief Justice of this Court was created by Letters Patents and the form thereof taking one example for all was in these words Rex c. Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Vicecomitibus Forestariis c. omnibus aliis fidelibus regni Angliae salutem Cum pro conservatione nostra tranquillâ—tatis regni nostri ad justiciam universis singâ—lis de rengo nostro exhibendam constituerimus dilectum et fidelem nostrum Philippum Basset Iusticiarium Angliae quamdiu nobis placuerit capit alem vobis mandamus in fide qua nobis tenemini firmiter insungentes quatenus in omnibus quae ad officium Justitiarii praedicti nec non ad conservationem pacis nostrae et regni nosâ—ri eidem dum in officio praedicto steterit pleniùs sitis intendentes Teste Rege c. The King c. to all Archbishops Bishops Abbots Priors Earls Barons Vicounts Foresters c. and to all other faithful to the Kingdom of England greeting Whereas for our conservation and the tranquillity of our Kingdom c. for the exhibition of justice to all and every one of our Kingdom We haâ—e constituted our beloved and faithful Philip Basset chief Justice of England as long as we shall please We command you upon the faith you hold unto us and firmly enjoyn you to all things that belong unto the office of Chief Justice aforesaid for the conservation of our Peace and of our Kingdom and that you be very intentive as long as you stand in the said Office Witnesse the King c. This Philip Basset was the last of this kind of creation by any like Letters Patents and he died Chief Justice near to the end of the Reign of H. 3. King E. 1. being a wise and prudent Prince knowing that Cui plus licet quam par est plus vult quà m licet as most of these Summi Iusticiarii did made three alterations 1. By limitation of his authority 2. By changing Summus Iusticiarius to Capitalis Iustic 3. By a new kind of creation viz. By Writ lest if he had continued his former manner of creation he might have had a desire of his former Authority which three do expresly appear by the Writ yet in use c. Rex c. E. C. Militi salutem Sciatis quod constituimus vos Justiciarium nostrum capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste c. The King c. to E. C. greeting Know ye that we have constituted you our Capital or Chief Justice in Pleas held before us during our pleasure Witnesse c. A short Writ but of large extent in point of Authority The rest of the Judges of the Kings Bench have their Offices by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenerint salutem Sciatis quod constituimus dilectum et fidelem Johannem Doderidge Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Justices of the Kings Bench are styled 1. Capitales 2. Generales 3. Perpetui 4. Majores à latere Regis residentes But the Chief Justice is only by the King Capitalis Justiciarius noster They are called first Capitales in respect of their supream Jurisdiction 2. Generales in respect of their general jurisdiction throughout all England c. 3. Perpetui for that they ought not to be removed without just cause 4. Majores à latere Regis residentes for their honor and safety that they should be protected by the King in administration of justice for that they be à latere Regis that is by the Kings fide And vvhereas 5. E. 4. it was holden by all the Justices in the Exchequer Chamber that a man cannot be Justice by Writ but by Patent or Commission it is to be understood of all the Judges saving the Chief Justice of this Court But both the Chief Justice and the rest of the Judges may be discharged by Writ under the Great Seal None can be a Judge of this Court unlesse he be a Serjeant of the degree of the Coif and yet in the Writ or Patent to them made they are not named Sergeants There have been for a long time and still there are great Complaints for multiplicity of Suits in Law and it were a wholsome and happy thing could it be prevented but because a Disease cannot be cured without knowledge of the Cause it is to be observed that there be six Causes of the increase of them whereof two be general the other four particular The general be Peace and Plenty The particular 1. The dissolution of so many Monasteries Chanâ—eries c. and the dispersing of them into so many several hands 2. The swarm of Informers 3. The number of Concealors 4. The multitude of Atturneys For the first general In the Reign of E. 3. R. 2. H. 4. H. 5. and part of the Reign of H. 6. in respect of the wars in France c. in the residue of the Reign of H. 6. in the Reign of E. 4. in respect of the bloody intestine Wars in almost continual Alarms within the bowls of this Kingdom between the Houses of Lancaster York there could not be so many Suits in Law as since this Kingdom hath enjoyed Peace which is
the Clerks of the Petty-bag and the six Attorneys Having spoken somewhat of this Court 's ordinary Jurisdiction something shall be said of the extraordinary proceedings thereof according to the Rule of Equity secundum aquum et bonum or according to the dictates of Conscience for the Lord Chancelor or Keeper of the Great Seal of England may be said to be Keeper of the Kings Conscience for mitigation of the rigour of the Common Law Yet this Court of Equity proceeding by English Bill is no Court of Record therefore it can bind but the Person only and neither the State of the Defendants Lands nor property of his Goods and Chattles therefore if the Lord Chancelor impose any fine it is void in Law he having no power but on the Person only Yet the Lord Chancelor or Keeper is sole Judge both in this Court of Equity and in the Court concerning the Common Law but in cases of weight or difficulty he doth assist himself with some of the Judges and no greater exception can be taken hereunto than in case of the Lord Steward of England being sole Judge in tryal of the Nobility who also is assisted with some of the Judges Touching this Court of Equity the ancient Rule is that three things are to be considered in a Court of Conscience Covin Accident and Breach of confidence All Covins collusions frauds and deceits for which ther 's no remedy by the ordinary course of Law Accident as when the servant of an Obligor or Morgageor is sent to pay the money on the day and he is robb'd c. then remedy is to be had in this Court against the forâ—eiture The third is breach of tru't and confidence whereof there are plentiful examples The ancient Custome was when one was made Lord Chancellor for the King to hang the Great Seal about his Neck Cardinal Woolsey had the Chancelorship by Letters Patâ—ents during life but it was held void because an ancien Office must be granted as it was accustomed Henry the 〈◊〉 had two great Seals one of Gold which he delivered the Bishop of Durham and another oft Silver which he delivered the Bishop of London The Chancellors Oath consists of six parts 1. That well and trâ—ly he shall serve the King our Soveraign Lord and his People in the Office of Chancellor or Lord Keeper 2. That â—e shall do right to all manner of people poor and rich after the Laws and usages of the Realm 3. That he shall truly Counsel the King and his Counsel he shall layne or conceal and keep 4. That he shall not know nor suffer the hurt or disheriting of the King or that the Rights of the Crown be decreased by any means as far as he may let it 5. And in case he cannot let it he shall make it clearly and expresly to be known to the King with his true advice and counsel 6. He shall do and purchase the Kings profit in all that he reasonably may There be in this Court many Officers whereof mention is made before the principal whereof is the Master of the Rolls which is an ancient Office and grantable either for life or at will according to the Prince his pleasure Edward the third by Letters Patents annex'd the House of the converted Iews in Chancery Lane to this Office for keeping of the Records of the Chancery viz. Charters Letters Patents Commissions Deeds Recognizances which before the Reign of Henry the seventh were used to be transmitted to the Tower of London The Master of the Rolls used to have Iure Officii the gift of the Offices of the six Clerks in the Chancery and in the absence of the Lord Chancellor he heareth Causes and giveth Orders OF THE COVRT OF COMMON-PLEAS IN WESTMINSTER-Hall IN times pass'd the Courts and Benches or Banks of Justices as was touched before followed the Kings Person wheresoever he went as well since the Conquest as before which thing being found chargeable and cumbersome The ninth of Henry the third it was resolved that there should be a standing place appointed where matters should be heard and determined And the Court of the Common Pleas was the first that was fix'd wherein tenures of Lands and civil Actions used to be pleaded And it is one of the Statutes of Magna Charta Quod Communia placita non sequantur Curiam nostram sed teneantur loco certo That the Common Pleas follow not our Court but be kept in a certain place Now Pleas are distinguished into Pleas of the Crown as Treason and Felony with misprision of Treason and Felony which belong to the Upper Bench and to Common or Civil Pleas whereof this Court takes Cognizance This Court therefore is call'd the Lock and Key of the Common Law of England and the Judges there sitting had need to be more knowing and learned than any other for here all Reall Actions whereupon Fiâ—es and recoveries the common assurances of the Land do passe and all other reall Actions by original Writs are to be determined as also of all Common 〈◊〉 mixt or personal in divers of which the Kings Bench this Court have a concurrent authority But regularly this Court cannot hold Common 〈◊〉 in any Action real mix'd or personal but by Writ out of the Chancery and returnable to this Court yet this Court in some cases may hold Plea by Bill without any Writ in the Chancery as for or against any Officer 〈◊〉 or priviledged Person of this Court. This Court also without any Writ may upon a suggestion grant Prohibitions to keep Temporal as well as Ecclesiastical Courts within their bounds and jurisdictions without any Original or Plea depending for the Common Law which in those cases is a Prohibition of it self stands instead of an Original The Chief Justice of this Court is created by Letters Patents during the pleasure of the Prince and so are the rest of his Associats but none is capable to be constituted a Judge here unlesse he be a Sargeant at Law of the degree of the Coif The jurisdiction of this Court is general extendeth throughout England The Officers of this Court are many viz. Custos Brevium three Protonotaries Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoins Clerk of the Outlaries which belongeth to the Attorney General who doth exercise it by Deputy In former times great abuses have been by Attorneys of this Court by suing out a Judicial Processe with any Original which when detected have been severely punished OF THE COVRT OF THE EXCHEQUER THe Authority of this Court is of Original Jurisdiction without any Commission In the chief place of account for the Revenues of the Crown The Hearers of the accounts have Auditors under them and they who are the chief for the accounts of the Prince are called Barons of the Exchequer whereof one is called Lord Chief Baron The greatest Officer of all is the Lord Treasurer In
unseasonable houres They by vertue of their Office inquire if any manner of person after rain or any other time cast or lay any dung ordure rubbish Sea-coal ashes rushes or any other thing of noisance in the River of Thames or the Channels of the City They inquire whether any manner of persons nourish Hogs Oxen Kine Ducks or any other living thing that may cause unwholsomness or any grievance They inquire if any false Chevesancers or extortioning Usurers dwell within their Ward They inquire if any Freeman against his Oath made doth conceal cover or colour the Goods of Forreiners against the Franchises of the City They inquire if any Forrainer buy and sell with any other Forrainer within they City or Suburbs thereof any Marchandizes or Goods to the prejudice of the Natives They inquire if every Freeman which receiveth or taketh benefit of the Franchises of the City but continually dwelling out of it hath not nor will not pay scot and lot after his Oath made nor be partner to the common charges of the City when he is required They inquire if any conceal the Goods of Orphans whose Ward and Mariage belong to the Lord Mayor and Aldermen They inquire if any Officer by colour of his Authority do extortion to any man or be a promoter or maintainer of quarrels against right or take carriage and arrest victual unduly They inquire if any Boat-man or Ferriman take more then is due for his Boat-hire They are to inquire if any pourprestures be made upon the common ground of the City by Land or water as in Walls Pales Stoops Grieces Doores or Cellars or if any Porch Pent-house or jetty be too low in letting of Passengers that ride or Carts They are to inquire that Pentises and jetties be at least the heighth of nine feet and that the Stalls be not but of two foot and a half in breadth and to be flexible and moveable viz. to hang by Jewmews or Garnets so that they may be taken up and let down They are to inquire if any common course of water be forclos'd or letted to the noyance of the City They are to inquire if any pavement be defective or too high in one place and too low in another to the disturbance of the Riders goers and Carts that passe along They are to inquire after Regrators or forestallers of Victuals or of any other Marchandizes which should come to the City to be publiquely and fairly sold. They are to inquire if any Butcher Fishmonger Poulter Vintner Hostler Cook or seller of Victuals do sell at unreasonable prizes They are to inquire if any Retaylor do sell unwholsome Victuals or dearer then is proclaimed by the Lord Mayor They are to inquire whether any Vintner Inholder Alehouse-keeper or any other person whatsoever do use or keep any Cans stone-pots or other measures which are unseal'd and are lesse then due measure and whether they sell any Beer or Ale above a peny a quart and small Ale above a half peny They are to inquire in Shops and Houses of Chandlers and others which fell by weight that all their Scales be right and according to the Standard as also that all Yards and Ells be of their just length and that none do sell by Venice weights They are to inquire if any Inholder do bake Bread to sell within his own House and if any Baker of sowre bread bake white bread to sell and take more for the baking then three pence in a Bushel They are to inquire if any House be covered otherwise then with Tile Stone or Lead for peril of fire They are to inquire if any leper faitor or mighty Begger reside in the Ward They are to inquire if any Baker or Brewer bake or brew with Straw or any other fewel which may indanger fyring They are to inquire if any go with painted Viâ—age They are to inquire if any neglecteth to hang a Lanthorn at his door with a â—â—ndle therein burning after the usage at the season of the year appointed They are to inquire whether any bring to be sold or sell and offer or put to sale any tall-Wood Billets Fagots or other fire-wood not being of the full assize They are also to inquire after them who go to the Countrey and ingrosse any Billet tall-wood Fagot Tosard or other fire-wood and so keep it till they may sell it at excessive prizes and above the prizes set by the Lord Mayor They are also to inquire after Ingrossers of Butter and Cheese in great quantities in going into the Countrey to buy it and after convey it by water or otherwise to the City to be sold at Excessive rates They are to inquire whether any use the priviledge of Freemen being none and to that purpose they shall demand a sight from those whom they suspect of a Copy of their Freedom under the Seal of the Office of the Chamberlain They shall inquire after all such as melt Tallow contrary to an Act of the Common Councel in that case made and provided They shall inquire after such who use any fire-presses within the City and liberties for pressing or dressing of netherstocks Wollen Clothes or other things They shall inquire of all Armorers and other Artificers using to work in Metals which have or use any Reardorses or any other places dangerous for fire They shall inquire if any who have undertaken to be appraysers of the Goods of any Freeman deceased leaving behind him any Orphan or Orphans and the said Appraysers not having bin sworn before the Lord Mayor or the Alderman of the Ward They are to inquire if any Freeman buy any Wares or Marchandizes unweighed which ought to be weighed at the Kings beam of any stranger or Forrainer free of the City of London They are to inquire if any buy or sell any Cloth or Clothes in the Shop Ware-house or other place of any Cloth-worker or if any Cloth-worker do receive or harbor any Cloth before the same be brought to Blackwell-Hall They are to inquire if any Carman take for Carriage of any Commodity above the rates ordained They are to inquire if any make or cause to be made any new Buildings or divide or cause to be divided any House or Houses or receive any Inmate or Inmates contrary to the Kings Majesties Proclamation or to Law or any Statute of the Land They are to inquire after Hawkers which go up and down the streets and from House to House to sell any Wares contrary to an Act made in that behalf They are to inquire if any have fraudulently or unduly obtained the Freedom of the City They are to inquire after Women-Brokers such as use to resort to mens Houses to suborn young Maydens with promise to help them to better service They are to inquire if any have or use any common Privy having issue into any common Sewer of the City They are to inquire if any Constable Beadle or other Officer be negligent and remisse in discharging their