the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their quarter-Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges
that Order and Henry III. Anno 1253. commanded Watches to be kept in Cities and Boroughs for the Preservation of Peace and Quietness among his Subjects Therefore there are in the respective Streets of London to this day convenient Stations for the Watchmen who are to examine all Persons walking in unseasonable Hours and to secure till next Day such as are either suspicious or riotous And then they bring them before a Justice of Peace who deals with them according to the Merit of the Cause Thus Murders Robberies Felonies Fires and other Evils are oftentimes prevented which could not be avoided in so great and populous a Place where a great many wicked People ly lurking for Mischief This Duty of Watching is commonly performed by Men hired for that purpose and paid for 't by the Citizens under the Command of a Constable assisted by the Eeadle of the Parish In case of a publick Riot the King usually sends a Party of his Gards to suppress it and if occasion requires part of the Militia is raised But to draw to a Conclusion if we cast our Eyes upon the vast Traffick and Commerce whereby this Place is become so flourishing it will every where afford matter of Admiration The same does plainly appear by the Customs yearly paid for all Merchandise Imported and Exported by the great Wealth of many Citizens by the infinite Number of Shops both in the City and Suburbs for the Retailing Trade and lastly by the incredible Abundance of Apprentices which are here brought up to all manner of Trades The Customs for this City alone tho' very moderate in comparison of most other Places in Europe did lately amount to near 400000 l. a Year The Wealth of the Citizens so vast that some of 'em for great Estates in Mony c. excel some Princes beyond Sea and live accordingly in great state and plenty few so penuriously as most of the Dutch Merchants do The Number of Shops both in the City and Suburbs so great and indeed so far beyond that of any foreiâ— City that it is to Strangers a just Matter of Amazement Proportionable to which is That of the Apprentices reckoned to be at least forty thousand Now this great Trade of the Londoners runs into three several Streams 1. among themselves 2 in the Country and 3 beyond Sea of which in my second Part. Only I shall observe here that the vast Trade of this Place has chiefly occasioned that great Appearance in it of Pictures in the Air a Thing taken particular notice of at the first view by Strangers I mean the Multitude of Signs which hang before the Houses many of them very rich and costly and all together yielding a fine Prospect But on the other side its frequent Dirt in Winter and Dust in Summer are two such Nusances as take off very much from the Glory of it And yet both of them might with ease be Remedied and will I hope in time For in point of Cleanness few Towns are better Seated than London is standing upon an easy Ascent from the River And the Allowance for it from each House-keeper is so considerable that one would think it enough to keep it cleaner than it is But the Truth is there 's a sort of Chymists that can extract Gold out of Dirt. And I conjecture the less Care has been taken to take off that Reproach from so noble a City because of the two great Conveniences it has to go free from the Dirt from one End of it to the other that is by Land in Coaches and by Water in Boats Besides that the principal Streets and most of the New Buildings are paved a good convenient Breadth on each side with smooth hewn Stone for the benefit of Foot-Passengers Which is a great Commodiousness as well as an Ornament I conclude as to Loudon with three notable Conveniencies it has not elsewhere to be found Viz. the New Lights the Peny-Post and the Insurance-Office for Houses in case of Fire The New Lights is so ingenious and usefull an Invention that Mr. Edmund Heming the Inventor deserves an immortal Praise for it He brought it to light about 6 Years ago with a Patent from King Charles II for the Injoyment of the Profits thereof And such is the Reflexion of these Lights tho' at a good distance from each other that few of them serve to light a whole Street in the Night better than ten times the Number of Glass Lanthorns For by the regular Position of one of them before the Front of every tenth House on each side of a broad Street there is such a mutual Reflection that they all seem to be but one great solar Light And so cheap is this Conveniency that for five Shillings down and five Shillings a Year for five Years to be paid at two Quarterly Payments the Inventor obliges himself to light the Front of ones House from Michaelmas to Lady Day every Night from six to twelve beginning the third Night after every Full-Moon and ending the sixth Night after every New Moon which is in all 120 Nights The Peny-Post is such a Contrivance that for one Peny a Letter or Parcel not exceeding one pound Weight or ten pounds in value is presently conveyed from all Parts of the Town and Suburbs to the remotest Places thereof And it has been so far improved since the first settling of it as to reath ten miles about London He that sends pays the Peny â—nd when the Letter or Parcel goes beyond the Bounds of the Weekly Bills of Mortality the Receiver pays another Peny To carry on this usefull Design first there are about the Town four or five hundred Houses to take in Letters and Parcels And to convey them according to their Directions there are about 100 messengers imployed from Morning to Night to call every Hour at the said Houses and take what Letters and Parcels they find there Who carry the same to their respective Offices from whence the Letters and Parcels are dispatched away according to their Directions The Offices are six in Number Viz. The General Office St. Paul's Office The Temple Office Westminster Office Soutwark Office The Hermitage Office The General Office is in Star-Court in Cornhill and has 3 Clerks belonging to it whereas the rest have but two Clerks each The whole Concern is managed in chief by three Persons a Comptroller an Accomptant and a Receiver Every one of the Messengers imployed in the bringing in and carrying out of Letters gives 50 l. Security by Bond to the Office for his Fidelity And for this Contrivance the Publick is indebted to that ingenious Citizen of London Mr. William Dockwrea who settled it some Years since not without much trouble and cost But the late King when Duke of York sued him for the lame as his Right and carried it from the Inventor So that the Benefit of it is now inherent in the Crown The Insurance Office for Houses in case of Fire is also an
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
Defenders of the Faith Which last Title was given by Pope Leo X to King Henry VIII for a Book written by him against Luther in Defence of some Points of the Romish Religion and afterwards confirmed by Act of Parliament for Defence of the ancient Catholick and Apostolick Faith as it is now professed by the Church of England Whereas the King of France is called Most Christian and the King of Spain Most Catholick The Title of Majesty came not into use in England till the Reign of Henry VIII Instead whereof the Title of Grace now appropriated to the Dukes and the two Archbishops was given to former Kings and that of Highness to the foresaid King Henry till the Word Majesty prevailed When we speak to the King the Word Sir is often used besides Your Majesty according to the French Sire which is likewise applied â—o that King For the King's Arms or Ensigns Armorial He â—ears in the first place for the Regal Arms of â—rance Azure 3 Flower de luces Or quarterâ—d with the Arms of England which are Gules 〈◊〉 Lions passant Gardant in pale Or. In the seâ—ond place for the Royal Arms of Scotland a â—ion rampant Gules within a double Tressure â—unter flowred de luce Or. In the third place or Ireland Azure an Irish Harp Or stringed â—rgent In the fourth place as in the first To which has been added since the present King's â—ccession to the Crown another Lion in the â—iddle thus blazoned Azure a Lion rampant â—r between an Earl of Billets Or. And all this within the Garter the chief Enâ—gn of that Order above which is an Helmet â—swerable to his Majesties Sovereign Jurisâ—iction and upon this a Mantle The Mantle 〈◊〉 Cloth of Gold doubled Ermin adorned with 〈◊〉 Imperial Crown and surmounted for a Crest 〈◊〉 a Lyon Passant Gardant Crowned with the â—â—ke The Supporters a Lyon Rampant Gardant 〈◊〉 Crowned as the former and an Vnicorn Arâ—â—t Gorged with a Crown thereto a Chain afâ—ed passing between his Fore-legs and reâ—xed over his Back Or. Both standing upon Compartment placed underneath and in the â—ce of the Compartment this Royal Motto â—en mon Droit that is God and my Right â—hich Motto was taken up by Edward the â—ird when he first claimed the Kingdom of â—ance Who also gave the Motto upon the â—â—ter Honi soit qui mal y pense that is Shame to him that evil thereof thinketh The Arms of France are placed first as being the greater Kingdom and perhaps thereby to induce the French the more easily to owâ— the English Title The Ensigns of Royalty such as Crowns Scepters Purple-Robe Golden-Globe and Holy Vnction the King of England has them all And so he has all the Marks of Sovereignty As the Power of making Treaties and League with forein States of making Peace or Waâ— of sending and receiving Ambassadours Creating of Magistrates Convening the Parliament of Adjourning Proroguing and Dissolving the same when he thinks fit of conferring Title of Honour of pardoning some Criminals oâ— Coyning c. All which Marks of Sovereignty are by Law lodged in the Crown Accordingly the King of England without the Concurrence of his Parliament levies Meâ— and Arms for Sea and Land-Service and may if need require press Men for that purpose He has alone the Choice and Nomination of aâ—â— Commanders and Officers the principal Direction and Command of his Armies and thâ— Disposal of all Magazines Ammunition Castles Forts Ports Havens Ships of War The Militia is likewise wholly at his Command And though he cannot of himself raise Mony upon his Subjects without his Parliament yet he haâ— the sole Disposal of publick Moneys In the Parliament He has a Negative Voice that is he may without giving any Reason for it refuse to give his Royal Assent to anâ— Bill though passed by both Houses of Parliâ—ment and without his Assent such a Bill 〈◊〉 but like a Body without Soul He may at 〈◊〉 pleasure increase the Number of the House 〈◊〉 Peers by creating more Barons or summoning thither whom he thinks fit by Writ and of the House of Commons by bestowing Priviledges on any other Town to send Burgesses to Parliament He has the Choice and Nomination of all Counsellours and Officers of State of all the Judges Bishops and other high Dignities in the Church In short the King is the Fountain of Honour Justice and Mercy None but the King has the Sovereign Power in the Administration of Justice and no Subject has here as in France Haute Moyenne basse Jurisdiction that is High Mean or Low Jurisdiction So that the King only is Judge in his own Cause though he deliver his Judgement by the Mouth of his Judges By Him is appointed the Metal Weight Purity and Value of Coyn and by his Proclamation he may make any forein Coyn to be lawful Mony of England So tender is the Law for the Preservation of his Sacred Person that without any overt Act the very Imagining or intending the Death of the King is High Treason by Law And though by Law an Idiot or Lunatick Non Compos Mentis cannot commit Felony nor any sort of Treason yet if during his Idiocy or Lunacy he shall Kill or go about to Kill the King he shall be punished as a Traytor In point of Physick by an ancient Record it is declared That no Physick ought to be administred to the King without a Warrant signed by the Privy Council by no other Physician but what is mentioned in the Warrant and the Physicians to prepare it themselves with their own hands If there be occasion for a Surgeon he must be likewise authorized by a Warrant And such is the Honour and Respect the King of England receives from his Subjects that 〈◊〉 Prince in Christendom receives more Homage Not only all Persons stand bare in his presence but even in his absence where he has a Chaiâ— of State All People at their first Address kneel to him and he is at all times served upon the Knee 'T is true the King of England is not free to act contrary to or to dispense with the known established Laws Neither can he of himself repeal a Law or make any new Law without the Concurrence of both Houses of Parliament A happy Impotency both to King and People For whilst the King keeps within the Bounds of the Law he can do no Wrong and the People can receive no Harm Had the late King but acted accordingly he might have been a most glorious Monarch instead of being now a general Object of Pity Far from being necessitated to creep under the shelter of a Proud Monarch he might have been a Curb to his Pride and the Refuge of many Nations that suffered Fire and Sword to advance what he called his Glory Three Crowns at once are too great a Sacrifice not to God but to a Mercenary Crew of Priests and Jesuits Tantum Religio potuit suadere Malorum As to the Rank and Reputation
thereof Justices of Assize from their Commission of Assize by vertue whereof they are to do Right upon Writs called Assizes and brought before them by such as are or pretend to be wrongfully thrust out of their Lands The Writs so called 1. Because they settle the Possession and so an outward Right in him that obtaineth by them 2. Because they were originally executed at a certain Time and Place formerly appointed 3. For that they are tried commonly by special Courts appointed for that purpose But besides this Commission there are four others by which these Itinerant Judges administer Justice in the Country As the Commission to take Nisi-prius directed to none but the Judges themselves and their Clerks of Assizes by which they are called Justices of Nisi prius Which is a common Adjournment of a Cause in the Common Pleas to put it off to such a Day Nisi prius Justiciarii venerint ad eas Partes ad capiendas Assisas from which Words Nisi prius the Writ came to be called a Writ of Nisi prius the Justices Justices of Nisi prius as well as Justices of Assize Yet there is this Difference that as Justices of Assize they have Power to give Judgement in a Cause whereas Justices of Nisi prius take only the Verdict Besides that those in a strict sense meddle only with the possessory Writs called Assize but these do deal in Causes both real and personal Another is a Commission of Peace in every County of the Circuit But the largest Commission of all is That of Oyer and Terminer directed to the Judges and many others of the best account in their Circuits but in this Commission the Judges of Assize are of the Quorum so as without them there can be no Proceedings This Commission gives them Power to judge of Treasons Murders and all manner of Felonies and Misdemeanors Lastly they have a Commission of Goal Delivery directed only to themselves and the Clerk of the Assize associate By which Commission they are to deal with every Prisoner in Goal for what Offence soever he be there Now these Courts are usually held at the principal Town of every County with great pomp splendour and feasting two Judges being appointed for every Circuit Then the Sheriff of the County is bound to attend in person with his Under-Officers the Clerks Stewards of Courts Bayliffs of Hundreds Constables Jaylors Sergeants or Beadles and a gallant Train of Servants in rich Liveries all riding on Horseback at the Reception of the Judges whom they wait on and guard so long as they continue in the County If the Sheriff cannot come himself he must depute one to fill up his Place who is to be allowed by the Judges The Justices of Peace are also to wait on the Judges And if either the Sheriff or they fail in this part of their Duty without lawful Impediment the Judges may set a Fine upon him or them at their pleasure and discretions The Dispatch of these Itinerant Judges in the Administration of Justice in their several Circuits is worthy our Observation For within each County all Controversies grown to Issue in the Courts at London are commonly determined here in two or three Days Which is done not as in forein Countries by the sole Arbitrement of the Judges but by a Jury of Twelve Men in each County chosen by the Sheriff thereof and only directed in point of Law by the Judges For every Trial by Assize be the Action civil or criminal publick or private personal or real is referred for the Fact to a Jury as it is in most Courts of the Common Law and as they find it so passeth the Judgement The Way of Trying Criminals in England being something singular and different from other Nations it will not be improper after that excellent and most ingenious Author Sir Thomas Smith to shew the Manner of it were it but for the satisfaction of Foreiners How Criminals are taken into Custody in order to their Trial and how the same are Indited at the Quarter-Sessions I have already shewed The Inditement is no definitive Sentence but only Praejudicium or the Opinion the Country has of the Malefactors Case Therefore Men are often Indited in their absence But no Man once Indicted can be delivered without an Arraignment for as a Jury of Twelve Men have given a Prejudice against him so Twelve again must acquit or condemn him At the Assizes the Judges sit either in the Town-house or in an open Place where a Tribunal is set up for Judgement The Judges sit in the middle the principal Justices of Peace on each side of them according to their Degree and the rest on a lower Bench before the Judges Seat Something lower a Table is set before them at which the Custos Rotulorum or Keeper of Writs the Under-Sheriff the Escheater and the Clerks do sit Near the Table there is a Bar for the Jury to come in when they are called and behind that space another Bar for the Prisoners to stand at who are brought thither in Chains Then the Cryer crieth and commandeth Silence One of the Judges makes a short Speech wherein he declares amongst other Things the cause of their coming His Speech is no sooner ended but the Prisoners are called in by Name and every one must answer to his Name Then the Keeper of the Writs produces the Inditements and the Judges name one or two or three of the Prisoners Indited to proceed upon their Trial. The Clerk bids one of them come to the Bar and hold up his hand Then he charges him with his Crime to which he bids him answer Guilty or Not Guilty If the Prisoner stands mute and will not answer after he has been once or twice so Interrogated which happens very seldom he is Judged Mute or Dumb by Contumacy the Punishment whereof is to be Pressed to Death of which more afterwards If the Prisoner cries Guilty which is but seldom too his Trial is over and all the Business is to pronounce Sentence upon him according to Law But the common Answer is Not Guilty though the Party be never so apparently Guilty and his Answer be perhaps contrary to his Confession of the Fact before the Justice of Peace by whom he was examined and committed The Reason is because he flatters himself that he may chance to come off for want of right Evidence For the Law of England is so tender of Mens Lives that unless the Evidences which are upon their Oaths be positive and clear against any Prisoner he may come off Upon the Prisoner's pleading Not Guilty the Clerk asketh him whether he will be Tried by God and the Country If he answer Yes the Clerk tells him he has been Indited of such a Crime c. That he has pleaded Not Guilty to it â—nd that being asked how he would be Tried he has answered by God and the Country Then he tells him of the Jury present that represent the