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A31599 The second part of the present state of England together with divers reflections upon the antient state thereof / by Edward Chamberlayne ...; Angliae notitia. Part 2 Chamberlayne, Edward, 1616-1703. 1671 (1671) Wing C1848; ESTC R5609 117,915 324

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hand is an Officer who ingrosseth Fines acknowledged c. He holdeth his Place also by Patent and is at present Mr. Sparks in trust for Sir William Drake who doth execute it by a Deputy Mr. Wayt. All these Officers aforementioned sit in the Court covered with black round knit Caps according to the mode immediately before the invention of Hats which was since the beginning of the Reign of Queen Elizabeth Moreover they are all sworn and have their Offices for life as a Freehold There are in this Court 3 Officers unsworn and hold their Places durante bene placito One Clerk of the Treasury Mr. George Ingram who hath the charge of keeping the Records of this Court and makes out all Records of Nisi Prius and divers other things This Office is in the Gift of the Lord Chief Justice 2. Clerk of the Inrolements of Fines and Recoveries who is by Statute under the three puisne Judges of this Court and removeable at their pleasure Note that the Inrolement of Fines and Recoveries or any part thereof by Stat 23 Eliz. cap. 3. is of as good force and validity in Law to all intents and purposes for so much of any of them so inrolled as the same being extant and remaining were or ought by Law to be The general neglect whereof in this Kingdom hath occasioned many Law Suits and hath proved in process of time exceeding dangerous to many mens Estates 3. The Clerk of the Outlawries Mr. Annuel who makes out the Writs of Capias Utlagatum after the Outlawry in the name of the Kings Atturney whose Deputy he is pro tempore There are five Clerks more 1. Clerk of the Kings Silver Henry Nurse Esquire unto whom every Fine or Final Agreement in sale of Lands is brought after it hath been with the Custos Brevium and to whom Money is paid for the Kings use 2. Clerk of the Warrants Mr· Thomas Brown executed by a Deputy Mr. James Mayo who entreth all Warrants of Atturney for Plaintiff and Defendant 3. Clerk of the Juries Mr. John Green who makes out the Writs called Habeas Corpora and Distringas for appearance of the Jury either in this Court or at the Assises in the Country 4. Clerk of the Essoins or Excuses for lawful cause of absence Mr. Townley 5. Clerk of the Super sedeas Mr. Abbot which is held by Patent but before King James time made by the Exchequer In this Court are also Filazers for the several Counties of England so called from the French Fil a Thred because they file their Writs These make out all Process upon Original Writs and do many other things too long to be here set down of these there are 14. viz. Fabian Philips Esquire who hath London Middlesex Huntington and Cambridge Shires The rest of the Counties are divided amongst these that follow Sir Roger Hill Henry Dutton Spicer Grey Fr. Hill Robert Child Charles Clare Sir Thomas Stringer Thomas Child Bennet Mark Hildesley Herbert Matthews and Hughes who is Protonatory Filazer and Exigenter of Monmouth by Patent the rest in the Gift of the Lord Chief Justice and hold for life There are also four Exigenters whose Office it is to make all Exigents and Proclamations in all Actions where process of Outlawry doth lye This Writ is called an Exigent because it exacteth the Party that is requireth his appearance to answer the Law and lies against a Transgressor of the Law that cannot be found nor any of his Goods within the County so that after summons by the Sheriff at five several County Courts if he appear not he is outlawed The four Exigenters at present are William Petty John Dawling Charles Clare and Silvester Petty all in the Gift of the Lord Chief Justice and are for life There are also belonging to this Court four Cryers and a Porter Of the Court called the Exchequer THe next Court for Execution of Laws is that called the Exchequer so called as some think from a Chequer-wrought Carpet covering the great Table in that Court as the Court of Green Cloth in the Kings house is so called from the Green Carpet or else from the French word Eschequier a Chess board because the Accomptants in that Office were wont to use such Boards in their Calculation Here are tryed all causes which belong to the Kings Treasury or Revenue as touching Accounts Disbursements Customs and all Fines imposed upon any man In this Court may sit the Lord Treasurer the Chancellor of the Exchequer the Lord Chief Baron and four other Learned Judges called Barons of the Exchequer and one other Cursitor Baron but the two first seldom sit and the five last Seldom fail The first of these five is the Principal Judge of this Court and answers the Bar or the Baristers who direct their Speech to him takes Recognizances for the Kings Debts c. It is an Office of High Honour and Profit he is styled Lord Chief Baron is Created by Letters Patents to hold this Dignity Quam dieu bene se gesserit wherein he hath a more fixed estate then the Chief Justices of either Bench for the Law intends this an Estate for Life in the absence of the Lord Chief Baron the other three Barons supply his place according to their Seniority but the fifth is said to be a Cursitor of the Court and administers the Oaths to the Sheriffs Under-Sheriffs Baylifs Searchers Surveyors c. of the Custom-house In the Exchequer are held two Courts one of Law another of Equity All Judicial Proceedings according to Law are coram Baronibus but the Court of Equity held in the Exchequer Chamber is coram Thesaurario Cancellario Baronibus This Court had its beginning primo Ph. Mar. The Authority of this Court is of original jurisdiction without any Commission Note also that all the other forementioned Courts were not Instituted by any Statute or written Law but have their Original from the antient Custom of the Kingdom For a long time after the Conquest there sat in the Exchequer both Spiritual and Temporal Barons of the Realm and in later times there sate in their places others that were not Peers of the Realm yet stiled Barons quia ibi sedere solebant Barones All the Twelve Judges belonging to these High Tribunals sit in Robes and Square Caps like those Doctors of Divinity because as some say they were antiently most commonly Clergy-men and Doctors Bishops or Prelates A List of the several Officers belonging to His Majesties Court of Exchequer In the Vpper Exchequer THe Kings Remembrancer Thomas Lord Vicount Fanshaw in whose Office are 8 sworn Clerks whereof John Payn and Thomas Hall Esquires at present are the two Secondaries the rest are Ansel Beaumont Hugh Frankland Butler Buggin George Wats Nicholas Sanders c. In this Office pass all the Accounts concerning the Kings Revenue for Customs Excise Hearth-money Subsidies and all Ayds granted to the King in Parliament and all other Accounts of what nature soever
Sheriff of each County hath a double function first Ministerial to execute all Processes and Precepts of the Courts of Law and to make returns of the same Secondly Judicial whereby he hath authority to hold two several Courts of distinct nature the one called the Sheriffs Turn which he holdeth in several places of the County enquiring of all Criminal Offences against the Common-Law not prohibited by any Statute The other called the County Court wherein he hears and determines civil Causes of the County under 40 s. which antiently was a considerable summe so that by the great fall of the moneys now the Sheriffs authority in that part is much diminished He is said to be the life of Justice of the Law and of the County for no suit begins and no process is served but by him then no Execution of the Law but by him lastly he is the chief Conservator of the Peace in the whole County Every County being subdivided into Hundreds so called at first either for containing an hundred houses or 100 men bound to find Armes or Wapentakes so called from touching a weapon when they swore Allegiance as the manner at this day is in Sweden at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike every such Wapentake o● Hundred hath commonly a Bayliff a very antient Officer but now of small Authority also Officers called High Constables first ordained by the Statute of Winchester 13 Edw. 1. for conservation of Peace and view of Armour they disperse Warrants and Orders of the Justices of Peace to each Pety Constable There are also in every County two Officers called Coroners whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death and to enter the same upon Record which is matter Criminal and a plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Free holders of the County by vertue of a Writ out of the Chancery They were antiently men of estates Birth and Honour and therefore in the Reign of Edward III. a Merchant being chosen a Coroner was removed quia communis Mercator fuit whereas he ought to have been a Gentleman which have no Trades man is reckoned to be by our Laws Every County also hath an Officer called Clerk of the Mercat whose Office is to keep a Standard of all Weights and Measures exactly according with the Kings Standard kept in the Exchequer and to see that none others be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are otherwise He hath a Court and may keep and hold Plea therein Of the Civil Government of Cities EVery City of England by their Charters or Priviledges granted by several Kings is a little Common-wealth apart governed not as the Cities of France by a Nobleman or Gentleman placed there by the King but wholly by themselves they choose amongst themselves their own Governor in Cities a Mayor is chosen commonly out of 12 Aldermen In some other Co●porations a Bailiff is chosen out of a certain number of Burgesses They are not taxed but by their own Officers of their own Corporation every trade having some of their own alwayes of the Council to see that nothing be enacted contrary to their profit Every City by Charter from the King hath haute moyenne basse Justice a jurisdiction amongst themselves to judge in all matters criminal and civil onely with this restraint that all civil causes may be removed from their Courts to the Higher Courts at Westminster The Mayor of the City is the Kings Lieftenant and with the Alderm●n and Common Council as it were King Lords and Commons in Parliament can make Laws called By-Laws for the Government of the City He is for his time which is but for one year as it were a Judge to determine matters and to mitigate the Rigour of the Law The next in Government of Cities are two principal Officers called though improperly the Sheriffs who are Judges in civil causes within this City and to see all execution done whether penal or capital and should rather be called Stat-reeves or Port-reeves i. e. Urbis vel Portus Praefecti In Cities the people are generally made more industrious by Manufactures and less idleness suffered then in other places so that in some Cities children of six or seven years old are made to gain their own expences In the City of Norwich it hath of late yeares been computed and found that yearly children from 6 to 10 years of age have gained 12 thousand pounds more then what they spend and that chiefly by knitting fine Jersey Stockings The Government of Burroughs and other Towns corporate is much after the same manner In some there is a Mayor in others one or two Bailiffs who have equal power with a Mayor and Sheriffs and during their Offices they are Justices of the Peace within their Liberties and have there the same power that other Justices of the Peace have in the County For the better Government of Villages the Lord of the place hath ordinarily power to hold a Court-Baron so called because antiently such Lords were called Barons as they are still in many parts of France or else Court Baron i. e. Court of Freeholders as the Barons of Germany are called Frey herren so the Barons of the Cinque Ports in England are but the Freeholders of the Cinque Ports And this Court may be held every 3 weeks Also for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place this Officer is to keep the Peace in case of quarrels to search any house for Robbers Murdrers or others that have any way broken the peace to raise the Hue and Cry after Robbers fled away to seize upon them and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasiions either to bring crrminals before them or to carry them by their command to the common Prison Every little Village almost hath an Epitome of Monarchical Government of Civil and Ecclesiastical policy within it self which if duly maintained would render the whole Kingdome happy First for the civil Government there is the Lord of the Soyl who from the Crown immediately or mediately holds Dominium soli and is said to have in him the Royalty as if he were a little King and hath a kind of Jurisdiction over the Inhabitants of the Village hath his Court-Leet● or Court-Baron to which they owe suit and service and where may be tryed smaller matters happening within the Mannour Escheats upon Felonies or other accidents Custody of Infants and Lunaticks power of passing Estates and admitting of Tenants Reliefs Hariots Hunting Hawking Fishing c. under the Lord is the Constable or
of proceedings not used in Common Law Courts as the Defendants answering to the Bill and sometimes to the Interrogatories upon Oath though to the accusing of a mans self in divers matters dammageable and penal also by the whole manner of publication the depositions of Witnesses by the examining of witnesses upon Interrogatories and in perpetuam rei memoriam by the term and use of final Decree and many other points differing from the Common Law and wholly agreeing with the Civil Law This Court is alwayes open when all the others are shut but onely in Term time so that if a man be wrongfully imprisoned in the Vacation time out of Term the Lord Chancellour may grant his Writ of Habeas Corpus and do him justice according to Law So likewise may this Court grant Prohibitions in time of Vacation as well as in Term time A List of the several Officers belonging to the High Court of Chancery SIR Orlando Bridgman Knight and Barronet Lord Keeper of the Great Seal of England Then the 12 Masters of the Chancery as followeth Sir Harbottle Grimston Baronet Master of the Rolls Sir William Childe Knight Doctor of Laws Sir Justinian Lewin Knight Doctor of Laws Sir Thomas Escourt Knight Sir Mundeford Bramston Knight Doctor of Laws Sir Nathaniel Hobart Knight Sir William Glascock Knight Sir John Coel Knight Sir Robert Stewart Knight Sir Timothy Baldwin Knight Doctor of Laws Sir Andrew Harket Knight Sir William Beversham The House founded at first for the converted Jews was after their expulsson out of England annext for ever to the Office of Master of the Rolls where he hath the custody of all Charters Patents Commissions Deeds Recognisances which being made up in Rolls of Parchments gave occasion of the Name At present there are kept all the Rolls since the beginning of Henry 7. the rest are kept in the Tower of London In his gift are besides the six Clerks Offices the Offices of the Examiners and three Clerks of the Pettibag Next Clerk of the Crown Henry Barker Esquire this Office is of high importance he is either by himself or Deputy continually to attend the Keeper of the Great Seal for special matters of State and hath a place in the Higher House of Parliament he makes all Writs for summoning Parliaments and upon a Warrant directed to him by the Speaker of the House of Commons upon the Death or removal of any Member he makes a Writ for a new Election Protonatary of this Court is Robert Pescod Esquire this Office is chiefly to expedite Commissions for Embassies It is executed by a Deputy Clerk of the Hamper or Hannaper sometime stiled Warden of the Hannaper Whose Office is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal dayly in Term time and at all times of Sealing with leather baggs now but antiently probably with Hampers wherein are put all sealed Charters Patents c. and then those Baggs delivered to the Comptroller of the Hamper This Office is now enjoyed by Henry Seymer Esquire and executed by a Deputy Warden of the Fleet or Keeper of the Fleet-Prison is an Office very considerable and 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 or such as will not pay their Debts c. The present Warden is Sir Jeremy Whitchcote It is executed by a Deputy Serjeant at Armes is Humphrey Ley Esq whose Office is to bear a great gilt Mace before the Lord Keeper c. Six Clerks are Officers of great account next in degree to the twelve Masters in Chancery whose Office is to inroll Commissions Pardons Patents Warrants c. That are passed the Great Seal They were antiently Clerici and afterwards forfeited their places if they did marry till by Act of Parliament in the time of Hen. 8. they were allowed to take Wives They are also Atturneys for Plaintiffs and Defendants in causes depending in this Court The present six Clerks Sir John Marshal Matthew Pindar Esq Matthew Bluck Esq Sir Cyril Wyche John Wilkinson Esq and Edward Abney Esq who sit altogether at their Office in Chancery Lane Examiners in Chancery there are two Sir Robert Peyton and Sir Nicholas Strode Their Office is to examine the Witnesses in any suit on both sides on their Oaths This Office also is executed at the Rolls Clerks of the Petty Bag in Chancery are three Edmund Warcup Esq John Hobson Esq and George Low Esq they are under the master of the Rolls Their Office is to make all Patents for Customers Comtrollers all Conge d' eslires first summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The Subpena Office is to issue out Writs to call a person into Chancery This Office is in the hands of Frances Lady Vane Sir Walter Vane and Charles Vane and executed by a Deputy Clerk of the Patents or of Letters Patents under the Great Seal of England is Sir Richard Pygot and executed by a Deputy erected 16 Jac. The Register of the Court of Chancery the Farl of St. Albans under whom are three Deputy Registers for the Court two Deputy Registers for the Rolls two entring Clerks and a Keeper of the Books Cursiters Office in the Chancery is to make out Original Writs they were antiently called Clerici de Cursu of these there are twenty four whereof each one hath certain Counties and Cities allotted to them into which they make out such Original Writs as are required These Clerks are a Corporation within them-themselves and are all persons of Quality whose names follow The Names of the Cursiters now in being are these that follow JOhn Symonds Principal William Barker Assistants Benjamin Gladman Assistants Henry Edmonds Ge. Norbury Abr. Nelson Rich· Plumpton Roger Brown John Norbury Richard Cross Edmund Eyre Will. Adderley Abr. Skynner Jo. Shelbury Will. Plumpton Thomas Fisher Elias Gladman Roger Twisden Ben. Storke John More William Loe. H. Amhurst Philip Barecroft Rich. Parmee Esquires who execute these Offices by themselves or by their Deputies This Office is kept near Lincolns Inn. Clerk of the Presentations of Spiritual Benefices Edwes Esquire Commissioners Sir George Courthop Sir Edm. Turner Halsal Esq Alienation Office N. Crew Esq Receiver Gen. Joh. Nichols All the forementioned Courts of Judicature at Westminster are opened four times the year called the four Termes viz. Easter Term which beginneth alwayes the seventeenth day after Easter and lasteth 27 dayes Trinity Term begins the 5 th day after Trinity Sunday and lasteth 20 dayes Michaelmas Term began heretofore a little after that Feast but now by a late Statute begins the 23 October and lasteth 37 dayes Lastly Hilary Term begins now 10 dayes after St. Hilary Bishop or the 23 of January and lasteth 21 dayes so in all 105 dayes from whence must be deducted about 20 Sundayes and Holydayes which
to behave themselves in that Port Gravity and Authority as if they were so in the Kings House that so hereafter they may know the better to behave themselves in case they should be promoted to that Honour for these Gentlemen are usually of such quality as come not hither with intent to profess the Law but to learn so much Law as may be necessary to preserve their Estates and to make themselves accomplisht in other qualities necessary for Gentlemen At such time they have here divers divertisements as Feasting every day singing dancing Musick which last is allowed there to all Comers and is so excessive that what the Dicers allow out of each winning to the Butlers box usually amounts to above 50 l. a day and night wherewith and a small contribution from each Student are the great charges of the whole Christmas defrayed Sometimes when their publick Treasury is great they create a Prince among themselves with such Title as they please to give him and he hath all his Officers and a Court sutable to a great Prince and many of the prime Nobility and great Officers of State are feasted and entertained by him with Enterludes c. From All Saints day to Candlemas each House usually hath Revels on Holy-dayes that is Musick and Dancing and for this is chosen some young Student to be Master of the Revels Note that the manner of their Parlament is briefly thus Every Quarter commonly the Benchers cause one of the standing Officers of the House to summon a Parlament which is onely an Assembly and Conference of Benchers and Utter-Baristers which are called the Sage Company and meet in a place called the Parlament Chamber and there Treat of such matters as shall seem expedient for the good ordering of the House and the Reformation of such things as they shall judge meet to be Reformed Here are the Readers for Lent and Summer vacation elected also the Treasurer is here chosen and the Auditors appointed to take the Accounts of the old Treasurer c. Here offences committed by any of the Society are punished c. These Innes of Court are most wisely situated by our Ancestors between the Kings Courts of Judicature and the most opulent City of London In the Four Innes of Court are reckoned about 800 Students Lastly there are two more Colledges called Sergeants Inne where the Common-Law Student when he is arrived to the highest degree hath his Lodging and Dyet These are called Servientes ad Legem Sergeants at Law and are as Doctors in the Civil Law only these have heretofore been reputed more Noble and Honourable Doctoris enim appellatio est Magisterii Servientis vero Ministerii and therefore Doctors of Law are allowed to sit within the Bar in Chairs and covered whilst Sergeants stand without the Bar bareheaded only with Coiffs or Caps on To arrive to this high Degree take this brief account The young Student in the Common Law being born of a Gentile Stock and bred two or three years in the University and there chiefly versed in Logick and Rhetorick both expedient for a Lawyer and gotten some insight into the Civil Law and some skill in the French Tongue as well as Latin he is admitted to be one of the Four Innes of Court where he is first called a Moot man and after about Seven years study is chosen an Utter Barister and having then spent Twelve years more and performed the Exercises before mentioned he is chosen a Bencher and some time after a Reader during the Reading which heretofore was Three weeks and Three days the Reader keeps a constant and sumptuous Feasting inviting the chief Nobles Judges Bishops great Officers of the Kingdom and sometimes the King himself as that most accomplished Lawyer the present Atturney General did that it costs them sometimes 800 or 1000 l. Afterward he wears a long Robe different from other Baristers and is then in a capacity to be made a Sergeant at Law when His Majesty shall please to call him which is in this manner When the number of Sergeants is small the Lord Chief Justice of the Common Pleas by the advice and consent of the other Judges make choice of Six or Eight more or less of the most Grave and Learned of the Innes of Court and presents their Names to the Lord Chancellor or Lord Keeper who sends by the Kings Writ to each of them to appear on such a day before the King to receive the State and Degree of Sergeant at Law at the appointed time they being habited in Robes of two colours viz. Brown and Blew come accompanyed with the Students of the Innes of Court and attended by a train of Servants and Retainers in certain peculiar cloth Liveries to Westminster-Hall there in publick take a solemn Oath and are clothed with certain Robes and Coyfs without which they may no more be seen in publick after this they feast the great persons of the Nation in a very magnificent and Princely manner give Gold Rings to the Princes of the Blood Archbishops Chancellor and Treasurer to the value of Forty shillings each Ring to Earles Bishops Rings of Twenty shillings to other great Officers to Barons great Prelates c. Rings of less value Out of these are chosen all the Judges of the Kings Bench and Common Pleas wherefore all those Judges do alwayes wear the white Linnen Coyfe which is the Principal Badge of a Sergeant and which he had ever the Priviledge to wear at all times even in the Kings presence and whilst he spake to the King though antiently it was not permitted to any Subject to be so much as capped in the Presence of the King of England as at present it is not allowed in the presence of the Pope or of the Emperour When any of the aforementioned Judges are wanting the King by advice of His Council makes choice of one of these Sergeants at Law to supply his place and constitutes him by Letters Patents Sealed by the Chancellor who sitting in the middle of the rest of the Judges in open Court by a set Speech declares to the Sergeant that upon this occasion is brought in the Kings pleasure and to the people the Kings goodness in providing the Bench with such able honest men as that Justice may be done expeditely and impartially to all His Subjects and then causes the said Letters Patents to be read and being departed the Chief Justice places the said Sergeant on the Bench junior of all the rest and having taken his Oath well and truly to serve the King and His people in the Office of Justice to take no reward to do equal and speedy Justice to all c. he sits himself to the Execution of his Charge The Sergeant being thus advanced to be a Judge hath thereby great Honour and a very considerable Salary besides certain perquisits for each one hath at least One thousand pound a year from the King and now in some things his former habit
placito The Proctors belonging to this Court aforementioned are persons that exhibite their Proxies for their Clients and make themselves parties for them and draw and give in Pleas or Libells and Allegations in the behalf of their Clients produce the Witnesses prepare the Causes for Sentence and attend the Advocates with the Proceedings They are also admitted by the Fiat of the Archbishop introduced by the Two Senior Proctors and are allowed to practise immediately after their admission they wear Black Robes and Hoods lined with White Fur. According to the Statutes of this Court all Arguments made by Advocates and all Petitions made by the Proctors are to be in the Latin Tongue All Process of this Court run in the name of the Judge thus Egi. Sweit Miles LL. Dr. Almae Curiae Cant. de Arcubus Lond. Officialis Principalis and returnable before him heretofore in Bow Church now in the Common Hall at Exeter House The Places and Offices belonging to this Court are all in the gift of the Archbishop of Canterbury whose Court it is Here note That the next Morning after the sitting of this Court the Judge of the Court of Audience did usually sit but since the late Troubles that Court hath been discontinued Next is the Court of Admiralty whereof see more in Chapter of the Military Government The present Judge of this Court is Sir Leolin Jenkins Knight Doctor of Laws whose Title is Supremae Curiae Admiralitatis Angliae locum tenens Judex sive Praesidens The Writs and Decrees run in the name of the Lord High Admiral and are directed to all Vice-Admirals Justices of Peace Majors Sheriffs Bailiffs Constables Marshals and others Officers and Ministers of our Soveraign Lord the King as well within Liberties as without To this Court belongs a Register Orlando Gee Esquire a Marshal who attends the Court and carries a Silver Oar before the Judge whereon are the Arms of the King and of the Lord High Admiral The Lord Admiral hath here his Advocate and Proctor and all other Advocates and Proctors are presented by them and admitted by the Judge This Court is held on the same day with the Arches but in the afternoon and heretofore at St. Margarets Hill in Southwark but now in the same Common Hall at Exeter house But the Admiralty Session is still held for the Tryal of Malefactors and Crimes committed at Sea at the Antient place aforesaid The places and Offices belonging to this Court are in the Gift of the Lord High Admiral Next is another Court belonging to the Archbishop of Canterbury called the Prerogative Court whereof see more in the Chapter of the Ecclesiastical Government of England The Judge of this Court is the forenamed Sir Leolin Jenkins and his Title here is Curiae Prerogativae Cant. Magister Custos sive Commissarius All Citations and Decrees run in the name of the Archbishop This Court is kept in the same Common Hall in the afternoon next day after the Arches and was heretofore held in the Consistory of St Pauls The Judge is attended by a Register Marke Cottle Esquire who sets down the Decrees and Acts of the Court and keeps the Records all Original Wills and Testaments of parties dying having Bona Notabilia c. The place is commonly called the Prerogative Office now kept in the Savoy where for a moderate Fee one may search for and have a Copy of any such Testament made since the Rebellion of Wat Tiler and Jack Straw by whom many Records and Writings in several places of London were then burnt and destroyed The Places belonging to this Court are in the Gift of the Archbishop of Canterbury From the forementioned Courts Appeals do lye to the Court of Delegates whereof more pag. 76 the Judges whereof are appointed by the Lord Keeper under the great Seal of England pro illa vice and upon every cause or business there is a new Commission and new Judges according to the nature of the Affair or Cause as sometimes Bishops Common-Law-Judges and Civilians and sometimes Bishops and Civilians and sometimes Common-Law-Judges and Civilians and sometimes Civilians onely To this Court belongs a standing Register and the Court is kept in the same Common Hall in the afternoon the day after the Prerogative The Citations and Decrees here run in the Kings Name From this Court lyes no Appeal in Common course But the King of His meer Prerogative Royal may and many times doth grant a Commission of Review under the Broad Seal In this Colledge also usually resides the Vicar-General belonging to the Archbishop bishop of Canterbury who as he is Primate hath the Guardianship of the Spiritualties of every Bishop within his Province during the Vacancy and executes all Episcopal Power and Jurisdiction by his Vicar-General who is at present in the Province of Canterbury Sir Richard Chaworth Knight Doctor of Laws The Archbishop of York hath the like Power in his Province and his Vicar-General is Dr. Burnel he also hath a Prerogative Court whereof the Judge is Dr. Levet Of the Colledge of Physitians in London AMongst other excellent Institutions in the City of London there is a Colledge or Corporation of Physitians who by Charters and Acts of Parliament of Henry VIII and since his Raign have certain Priviledges whereby no man though a Graduat in Phsick of Oxford or Cambridge may without Licence under the said Colledge Seal practice Physick in London or within seven miles of this City nor in any other part of England in case he hath not taken any Degree in Oxford or Cambridge Whereby also they can administer an Oath fine and imprison any Offenders in that and divers other particulars can make By-Laws purchase Lands c. Whereby they have Authority to search all the shops of Apothecaries in and about London to see if their Drugs and Compositions are wholesome and well made whereby they are freed from all troublesome Offices as to serve upon Juries to be Constable to keep watch and ward to bear Arms or provide Armes or Ammunition c. any Member of that Colledge may practice Surgery if he please not onely in London but in any part of England This Society had antiently a Colledge in Knight-Rider-Street the Gift of Doctor Linacre Physitian to King Henry the VIII since which a House and Ground was purchased by the Society of Physitians at the end of Amen street whereon the ever famous Dr. Harvey Anno 1652. did erect at his own proper charge a Magnificent Structure both for a Library and a Publick Hall for the meeting of the several Members of this Society endowed the same with his whole Inheritance which he resigned up while he was yet living and in Health part of which he assigned for an Anniversary Harangue to commemorate all their Benefactors to exhort others to follow their good Examples and to provide a plentiful Dinner for the worthy Company Anno 1666. This goodly Edifice could not escape the Fury of that dreadful Fire and