England in some difficult cases were not wont to give Judgment until they had first consulted the King or his Privy Council Moreover the Lords and Commons assembled in Parliament have oft-times transmitted matters of high moment to the King and his Privy Council as by long experience and wisdom better able to judge of and by secrecy and expedition better able to transact some State Affairs then all the Lords and Commons together At present the King and his Privy Council take Cognisance of few matters that may well be determined by the known Laws and ordinary Courts of Justice but onely as aforesaid consult for the Publick Good Honour Defence Safety and Benefit of the Realm not medling with matters that concern Freeholds but matters of Appeal and sudden Emergencies The Lords of the Privy Council are as it were a part of the King incorporate with him and his Cares bearing upon their Shoulders that great weight that otherwise would lye wholly upon His Majesty wherefore of such high value and esteem they have always been that if a man did but strike in the House of a Privy Counsellor or elsewhere in his presence he was grievously Fined for the same and to conspire the death of any of them was made Felony in any of the Kings servants within the Check Roll and to kill one of them was High Treason A Privy Councellor though but a Gentleman shall have precedence of all Knights Baronets and younger Sons of all Barons and Viscounts The Substance of their Oath is That they shall according to their power and discretion Truly Justly and Evenly Counsel and Advise the King in all matters to be Treated in His Majesties Council that they shall keep secret the Kings Counsel c. By Force of this Oath and the Custom of the Kingdom of England a Privy Counsellor is made without any Patent or Grant and to continue onely during the Life of the King that makes him nor so long unless the King pleaseth Heretofore there hath been usually a Lord President of the Kings Privy Council a Dignity of so high Repute that by a Statute of Henry the Eight he is to take place in publick next to the Lord High Treasurer of England His Office was to speak first to business to report to His Majesty the Passages and State of businesses transacted at Council Table The last Lord President was the Earl of Manchester Father of the present Lord Chamberlaine To his Privy Councellors the King of England may declare or conceal from them whatsoever he alone judgeth fit and expedient qua in re saith the Excellent Sir Tho. Smith absolutissimum est hoc Regnum Angliae prae Venetorum Ducatu aut Lacedaemoniorum Principatu The King with the advice of his Privy Council doth publish Proclamations binding to the Subject provided that they are not contrary to Statute or Common Law In cases where the publick peace honour or profit of the Kingdom may be endangered for want of speedy redress there the King with his Privy Council usually make use of an absolute power if need be The Members of this most Honorable Council are such as his own free Will and meer Motion shall please to choose and are commonly men of the highest rank eminent for Estates Wisdom Courage Integrity c. And because there are few cases of moment so temporal but that they may some way relate to spiritual affairs therefore according to the general Rules of Policy and Government which God himself ordained amongst his chosen people the Jews the Privy Council as well as the great Council of Parliament is composed of Spiritual as well as Temporal persons some of the principal Bishops of England have in all times been chosen by His Majesty to be of his Privy Council The Lords of His Majesties Privy Council are at present these that follow His Royal Highness the Duke of York His Highness Prince Rupert Gilbert Lord-Archbishop of Canterbury Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal John Lord Roberts Lord Privy Seal George Duke of Buckingham Mr. of the Horse to His Majesty James Duke of Monmouth James Duke of Ormond Lord Great Steward of His Majesties Houshold Henry Marquis of Dorchester Henry Earl of Ogle Thomas Earl of Ossory Robert Earl of Lindsey Lord Great Chamberlain of England Edward Earl of Manchester Lord Chamberlain of His Majesties Houshold· Awbrey Earl of Oxford John Earl of Bridgwater Robert Earl of Leceister Henry Earl of S. Albans Edward Earl of Sandwich Arthur Earl of Anglesey John Earl of Bath Groom of the Stole to His Majesty Charles Earl of Carlisle William Earl of Craven John Earl of Rothes His Majesties Commissioner in Scotland John Earl of Lotherdale Secretary of State in Scotland John Earl of Tweedale John Earl of Middleton Richard Earl of Carbury Lord President of Wales Roger Earl of Orrery Humphrey Lord Bishop of London Henry Lord Arlington one of His Majesties Principal Secretaries of State Francis Lord Newport Comptroler of His Majesties Houshold John Lord Berkley Lieutenant of Ireland Densel Lord Holles Anthony Lord Ashley Chancellor of the Exchequer Sir Thomas Clifford Knight Treasurer of His Majesties Houshold Sir George Carteret Knight Vice-Chamberlain to His Majesty Sir John Trevor Knight one of His Majesties Principal Secretaries of State Sir Thomas Ingram Knight Chancellor of the Dutchy Sir William Morice Knight Sir John Duncom Knight Sir Thomas Chicheley Knight Master of the Ordnance These are all to wait on his Majesty and at Council Board sit in their Order bare-headed when His Majesty presides At all Debates the lowest delivers his opinion first that so he may be the more free and the King last of all declares his Judgment and thereby determines the mater in Debate The Time and Place of holding this Council is wholly at the Kings pleasure but it is most commonly held in the morning on Wednesday and Friday out of Parliament time and Term time and in the Afternoon in time of Parliament and Term. A Council is seldom or never held without the Presence of one of the Secretaries of State of whose Office and Dignity much more considerable in England than in other Nations take here this brief Account The Kings of England had antiently but one Secretary of State until about the end of Henry the Eight his Reign it was thought fit that weighty and important Office should be discharged by two Persons both of equal authority and both stiled Principal Secretaries of State In those days and some while after they sate not at Council Board but having prepared their business in a Room adjoyning to the Council-Chamber they came in and stood on either hand of the King and nothing was debated at the Table until the Secretaries had gone through with their Proposals But Queen Elizabeth seldom coming to Council that Method was altered and the two Secretaries took their places as Privy Counsellors which Dignity they have retained and enjoyed ever since and a
It is as antient as the Civility of the Nation though perhaps by another name This Court proceeds either ordinarily according to the Laws Statutes and Customes of the Nation and in Latin granting out Writs mandatory and remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one the equitable part is by Bills Answers and Decrees to examine Frauds Combinations Trusts secret uses c. to moderate the Rigour of the Laws and rescue men out of the hands of their Oppressors To relieve a man especially in three things viz. against Cheats unfortunate accidents and breaches of Trust Out of this Court issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any person hath been amerced too high and for a reasonable part of Goods for Widdows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgements in inferiour Courts Writs of Audita Querela and Scire facias here are sealed and inrolled Letters Patent Treaties and Leagues with forreign Princes Deeds betwixt Party and Party touching their Lands and Estates or Purchasers taking recognizances and making of Extents upon Statutes and Recognizances for payment of Moneys or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are betwixt Subject and Subject hath its Original and Commissions from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds onely the person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the sole Judge whereas in other Courts there are three or four Judges but he may and doth often in cases of greater weight and difficulty in cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it was almost always antiently and so of later times by Sir Christopher Hatton and after by Doctor Williams Bishop of Lincoln to their great praise and commendation It is the highest Dignity in England that a Lay-man is capable of it is Summum ambientis animi quasi Solstitium and the Chancellor is Magistratuum omnium Antistes Antiently the Lord Chancellor had sometimes his Vicechancellor commonly called Keeper of the Great Seal but of later times they differ onely in name In France he that is made Chancellour is durante vita his place cannot be taken away although the Seales may It is said there that he is so to attend to the sole Interest of the King and People that he must not be sensible of any Relations or other consideration and therefore he may not put himself in mourning neither for his own Father nor for the King himself Chancellours have been in England as the learned Dugdale finds as soon as Christianity was embraced by the Saxons The Chancellor is said to be keeper of the Kings Conscience to judge secundum aequum bonum according to equity and conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact rigour and letter of the Law whereunto other Judges are strictly tyed for the Princes of this Realm in imitation of the King of Kings governing the World by justice and mercy have erected two supreme Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy wherein the Rigour of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the quirks of Lawyers the more it is guided by Conscience and Equity and therefore the Kings of England would have this Court superiour to the other Tribunals that so if any thing was done amiss by those following the Rigour of the Law here good by Conscience and Equity it might be amended wherein they followed the noble Pattern of the Great Constantine qui omnes suas leges imperfectas esse voluit ut inde subditi sui appellarent ad Episcopos and therefore in all former times the Judges of this Court were chosen out of the Clergy able Divines who by their skil in the Law of God and of Nations were best able to judge according to Moderation and Equity and most willing to execute accordingly also fittest to dispose of the Kings spiritual Benefices Besides when this High Office was given to Bishops and Clergy men in whom wealth and a publick Spirit being usually conjoyned what great publick Acts of Piety and Charity were done by them for this Nation to mention onely in Oxford What noble and rich foundations are Christ-church Magdalens New Colledge and Merton Colledge all founded by Bishops that were Chancellors and on the contrary since the places of Chancellor Treasurer Privy Seal c. have been usually in the Hands of Lay-men what one great work hath been done for the Publick but onely wealth heaped up for their own private Families The manner of Proceeding in this Court is much like that in the Courts of the Civil Law the Actions by Bill or Plaint the Witnesses examined in private the Decrees in Engliâ—h or Latin not in French No Jury of twelve men but all Sentences given by the Judge of the Court. The Chancellor or Lord Keeper hath twelve assistants antiently called Clerici or Magistri Cancellariae because they were usually in Holy Orders and all Doctors of Laws for Master and Doctor was antiently the same as at this day a Doctor in the Arts is called Magister in Artibus The first of these is called Master of the Rolls a place of great dignity and is in the gift of the King either for life or during His Majesties pleasure and this Officer hath jure Officii the gift of those considerable Offices of the six Clerks in Chancery hath the keeping of the Rolls hath the House of the converted Jews now called the Rolls and in the absence of the Chancellor heares Causes and makes Orders by Vertue of a Commission with two Masters and not jure Officii One reason why the Masters of Chancery were ever Civilians may be because for all cases almost imaginable some Law or case conformable thereunto may be fetched by a good Civilian out of that Law of Laws called the Civil Law Another may be because the Chancery more antient then in any other Court of England for all Original writs and Comissions whereupon the other Courts do ground all their proceedings do come from thence hath probably been taken from the Civil Law divers points
Seas to belong to the King of England according to an Ordinance made at Hastings in Sussex by John King of England about Four hundred and fifty years ago To maintain this Right and Title to protect Trade to subdue Pirates to defend this Kingdom against hostile Invasions and to reduce foreign Potentates to Reason the Kings of England have had especially of later times a considerable number of Ships of War for Strength for Beauty and Sailing if not for number surpassing all those of our Neighbor Nations For Strength by reason of the most excellent English Timber they are like so many floating Castles and Barbicans For Beauty so proportionably and spaciously built and so curiously and richly adorned that they are as so many Royal Palaces Amongst other Ships at Sea they are as so many Lions amongst other silly Beasts or as Eagles amongst other Birds Histories mention a great Fleet of Julius Caesar a Fleet of the forementioned King Edgar consisting of Three thousand six hundred Sail a Fleet of Lewis Son to Philip King of France of Six hundred Sail that arrived at Sandwich to assist the English Barons against King John but those doubtless were but as so many Cottages to Castles in respect of the present Ships of War Henry the Eighth in the Fifth year of His Reign built a Ship then accounted the greatest that ever had been seen in England and named it Henry Grace de Dieu or the Great Henry it was of One thousand Tun. In the Eighth year of King James was built by the Londoners a Ship of Twelve hundred Tun and called The Trades Increase which being lost in the East Indies King James caused another to be built of Fourteen hundred Tun which being given to Prince Henry was by Him named the Prince King Charles the Martyr perceiving the great encrease of Shipping in our Neighbor Nations and that the Soveraignty of these Seas was like to be disputed amongst other great Ships of War built one greater then any Ship of War either in England or in any Countrey of Europe and named it The Royal Soveraign which for a little diversion shall here be more particularly described The Royal Soveraign being a Ship of the First Rate or Rank built in the Year One thousand six hundred thirty and seven is in length by the Keel One hundred twenty seven Foot in bredth by the Beam Forty seven Foot in depth Forty nine Foot her draught of Water Twenty one Foot Of burden in all Two thousand seventy and two Tuns and One thousand five hundred fifty and four Tuns besides Guns Tackle c. This mighty Moving-Castle hath Six Anchors whereof the biggest weighs 6000 l. and the least 4300 l. It hath Fourteen Cables whereof the greatest is Twenty one Inches in compass and weighs 9000 l. Her least Cable being eight Inches in compass weighing near 1300 l. To the Royal Soveraign belong Eighteen Masts and Yards whereof the greatest called The Main Mast is One hundred and thirteen Foot long and Thirty eight Inches Diameter Her Main Yard One hundred and five Foot long and Twenty three Inches Diameter and her Main Top Fifteen Foot Diameter She hath Ten several sorts of Sails of several names as every Ship of every one of the Six Rates hath whereof her greatest Sail called Her Main Course together with her Bonnet contains One thousand six hundred and forty Yards of Canvas Ipswich double and the least Sail called The Fore-top-gallant-sail contains One hundred and thirty yards of Canvas The charge of one compleat Sute of Sails for the Soveraign is 404 l. Sterling Money The weight of the Sea store in point of Ground Tackle and other Cordage is Sixty Tuns Eight hundred and odd pounds She carries a long Boat of Fifty Foot a Pinnace of Thirty six Foot and a Skiff of Twenty seven Foot long The weight of her Rigging is Three and thirty Tun. She hath Three Tire of Guns all of Brass whereof there are Forty four in her upper Tire Thirty four in her second Tire and Twenty two in her lower Tire in all One hundred Guns She carries in all of Officers Soldiers and Mariners Seven hundred Men. Finally Her whole Charges for Wages Victuals Ammunition wear and tear for every Moneth at Sea costs the King 3500 l. Sterling as hath been computed by a very skilful person The charges of Building a Ship of the First Rate together with Guns Tackle and Rigging besides Victualing doth ordinarily amount to about 62432 l. Those of Lower Rates proportionally The King hath now Six Ships of the First Rate whereof Five are longer by the Keel then the forementioned Royal Soveraign and all of the same force except two which yet may carry each one One hundred and ten Guns Of Ships of War great and small the King had before the last War with the United Netherlands above One hundred and sixty Sail whereof a true List followeth A List in Alphabetical Order of all the Ships Frigats and Vessels of his Majestie 's Royal Navy together with the Rates Tuns Men and Guns usually accounted First Rate Ships Tuns Men Guns Charles 1229 550 80 Prince 1205 600 84 Soveraign 1554 700 100 Second Rate    St Andrew 775 300 56 St. George 775 300 56 Henry 1047 380 64 James 792 350 60 London 1050 500 64 Royal James 1100 500 70 Rainbow 782 320 56 Swiftsure 740 340 60 Triumph 779 350 64 Catherine   76 Victory 690 320 56 Unicorn 786 320 56 Vantguard 706 3â—0 56 Royal Oak   76 St. Michael    Third Rate    Anne 742 240 54 Dreadnought 738 240 52 Dunkirk 635 230 48 Edgar    Essex 633 230 48 Fairfax 755 240 52 Henrietta 781 250 50 Glocester 755 240 52 Lyon 550 210 48 Mary 727 260 56 Monk  260 50 Montague 769 260 52 Plâ—mouth 771 250 50 Revenge 741 240 52 Resolution 765 250 52 York 739 240 52 Rupert    Fourth Rate Ships Tuns Men Guns Antelope 550 160 40 Assistance 513 160 40 Advice 516 160 40 Adventure 505 140 24 Amity 354 120 30 Assurance 341 135 32 Bristol 534 180 44 Bear 430 130 36 Breda 515 160 40 Crown 536 160 40 Centurion 531 170 40 Convertine 500 170 40 Constant Warwick 315 135 32 Charity 400 140 38 Diamond 547 160 40 Dover 511 160 40 Dragon 414 150 38 Elizabeth 477 150 38 Elias 400 130 36 Expedition 323 120 30 Foresight 513 160 40 Guinea â—75 120 30 Happy Return 607 180 44 Hampshire 481 150 38 Jersey 560 160 40 Indian 500 180 40 Kent 600 170 40 Leopard 666 180 44 Matthias 400 160 44 Mary Rose 566 160 40 Marmaduke 400 130 32 Newcastle 633 180 44 Nonsuch 389 140 34 Portland 607 170 40 Princess 600 150 36 Portsmouth 433 150 38 Phenix 414 150 38 President 462 150 38 Providence 323 120 30 Reserve 512 160 40 Ruby 550 160 40 Swallow 543 170 40 Saphire 442 150 38 Tyger
THE SECOND PART OF THE PRESENT STATE OF England Together with DIVERS REFLECTIONS UPON The Antient State thereof By EDWARD CHAMBERLAYNE Dr of Laws and Fellow of the Royal Society The SECOND EDITION Corrected and newly Augmented In Magnis voluisse sat est In the SAVOY Printed by T. N. for John Martyn Printer to the Royal Society and are to be sold at the Sign of the Bell in St. Pauls Church-Yard 1671. ORNATISSIMO CONSULTISSIMOQUE VIRO D. JOS. WILLIAMSON ARMIG E SOCIETATE REGIA LONDINENSI IN REGNI COMITIIS SENATORI REGIAE MAJESTATI AB ARCHIVIS STATUS ET INTIMIORI CONCILIO A SECRETIS HOC QUALE-QUALE ENGHIRIDIUM L. M. D. C. Q. E. C. TO THE READER IN a former small Treatise intituled The Present State of England the Author having given a succinct Account of the Government in general as it is Monarchical and therein of the King Queen Princes and Princesses of the Blood of the Great Officers of the Crown of the Kings Queens and Duke of Yorks Courts of the Three States of England Clergy Nobility and Commons and of divers other remarkables In this Second Part of the Present State of England he hath endeavored to describe with the like brevity the Particular Government of England Ecclesiastical Civil and Military The several Courts of Justice the Offices and Officers belonging thereunto and for the sake of Foreigners to exhibite a particular Description of the Famous City of London of the Two Renowned Universities c. In erecting such a spacious and various Edifice the Spectator at first view will hardly conceive how much pains was bestowed in digging the Foundation in raising Scaffolds in finding conveying and fiting Materials in contriving the Architecture in removing the Rubbish c. Other Builders consult onely their own Brains and the Dead that is Books whereunto access may be had at all hours but in this Work the Living and the choicest among them were to be advised with whereof some were far distant others seldom at leisure some unwilling to communicate their Knowledge others not at all affable However if the Reader reaping in few hours the Fruits of many Moneths labor shall receive any content the Author will not onely be satisfied for this but encouraged for another like Enterprise THE CONTENTS A. ADmiral 176 Admiralty 179 Archbishops 16 Archdeacon 29 Arches Court 39 249 Audience Court 40 B. Becons 161 Benchers 111 Bishops Function 17 Bishops Jurisdiction 17 Bishop making 21 Bishops Consecration 24 Bishops Translation 26 Britains Burse 202 C. Castles 161 Chancellours 40 Chancery Court 131 Chancery Officers 138 Civilians Colledge 249 Civilians a List 251 Christmas at Inns of Court 241 Church-Wardens 31 Clerk of the Market 150 High Commission Court 38 Common Pleas 112 Common Pleas Officers 114 Company of Traders 213 Constables High 149 Constables Petty 152 Convocation 34 Coroners 149 Court of Archdeacons 35 Court of Delegates 39 257 Court of Kings Bench 109 Court of Lords 106 Cursitors 142 Custom-house 226 D. Dean and Chapter 27 Deans Rural 29 Doctors Commons 249 E. Ecclesiastical Government 15 Ecclesiastical Persons ib. Ecclesiastical Censures 20 Ecclesiastical Causes 41 Ecclesiastical Laws 42 Ecclesiastical Tryals ib. Ecclesiastical Punishments 43 Exchange Royal 202 Exchequer 118 Exchequer Officers 120 Exchequer lower 124 Excommunications 43 G. Garrisons 156 Government of Cities 150 Government Civil 49 Government of Counties 145 Government Ecclesiastical 15 Government Military 154 Government of Villages 152 Grammar School 275 H. Heralds Colledge 266 House of Commons 71 House of Lords ib. I. Innes of Court 234 Innes of Chancery 233 Inner Barristers 237 Judges 246 L. Lancaster Dutchy 130 Laws of Rhodes 180 London Bridge 224 London burnt 197 London Character 188 London City ib. London Colledges 232 London Government 206 London rebuilt 201 London Tower 215 London Tythes 207 Lord Mayor 209 Lords Lieutenants 298 M. Master of the Ordnance 216 Merchants 205 Military Government 154 Militia Maritime 162 Militia standing 158 Mint 217 Mooting 240 N. Navy Charges 187 Navy Office 183 O. Officers of Common Pleas 114 Officers of Exchequer 120 Officers of Kings Bench 111 Ordination of Deacons 32 Ordination of Priests 33 P. Parliament 49 Parliament men 73 St. Pauls London 193 Paper Office 14 Patrons of Churches 30 Peculiar Court 40 Penance 46 Post Office 227 Prebendary 28 Prerogative Court 40 256 Privy Council 2 Privy Council Clerks 12 Privy Councellors 6 Privy Seal Clerks 14 Physitians Colledge 258 Physitians a List 260 R. Reader at the Innes of Court 238 Records in the Tower 217 Rectors Office 30 River New 204 Rool'd Oleron 180 Royol Soveraign 166 S. Secretaries of State 116 Signet Clerks 12 Sexton or Clerk 32 Sheriffs of Counties 147 Ships a List 169 Sergeants at Law 243 Sergeants Inne ibid. Sergeants making 245 Southwark 280 T. Thames 203 Trade of London 205 Tower Lieutenant 222 V. Vice Admiral 176 Vicar General 257 Universities 281 Utter Baristers 237 W. Wardrobe Office 230 Westminster 277 Angliae Notitia OR THE PRESENT STATE OF ENGLAND The Second Part. Of the Government of England in particular and First of the Kings most Honourable Privy Council THe Government of England in particular is either Ecclesiastical Civil or Military wherein the King is supreme Governour in all Causes and over all Persons from him is derived all Authority and Jurisdiction He is quasi Intellectus Agens Forma formarum vel potius Mundi Anglici Deus And the Primum Mobile thereof from whence all the Inferiour Orbes derive their Motion is that Noble Honourable and Reverend Assembly called Concilium secretum Privatum vel Continuum Regis Concilium which is a Court of such Antiquity and Honour that it may be said to be higher then the highest Court of England as the Parliament is usually called for our Parliaments are not only much younger but also may truly be said to be the Productions of the Kings Privy Council as appears by the words of the Writ for summoning of a Parliament This is the highest watch Tower of the Nation wherein the King with all his good Centinels and Watchmen about him takes a careful survey of all his Dominions and sometimes of all the Domininons of the World as any of them have any Relation to his where he Consults and Contrives how to protect his numberless Subjects not onley from Injuries amongst themselves but from the wrongs and violences of all other Nations where he doth consult and watch for the publick good Honour Defence Profit and Peace of all his people Before the later end of Henry the Third Quod provisum fuit per Regem Concilium suum Privatum sigilloque Regis confirmatum proculdubio legis vigorem habuit saith Spelman The Primitive and ordinary way of Government in England was by the King and and his Privy Council and all our Kings have acted much by it determining Controversies of great importance soemtimes touching Lands and Rights between party and party whereof there are very many Precedents and the Judges of
a Bishop for their Prolocutor and the Lower being required by the Highe House to choose them a Prolocutor or Speaker which done they present him to the Upper House by two of their Members whereof one makes a Speech in Latin and then the Elect person makes another Speech in Latin Lastly the Archbishop answers in Latin and in the name of all the Lords approves of the person Both Houses debate and transact only such matters as His Majesty by Commission expresly alloweth In the Upper House things are first proposed and then communicated to the Lower House The Major vote in each House prevailes Out of Parliament time they usually assemble every day about Nine of the clock and first the Junior Bishop sayes prayers in Latin beginning with the Letany and then for the King c. And in the Lower House the Prolocutor says prayers In Convocation are debated only matters concerning Religion and the Church and sometime of giving His Majesty assistance in Money for as the Laity cannot be taxed without their own consent signified by their Representative in Parliament so the Clergy cannot be taxed without their consent signified by their Representative in Convocation The Clergy in Convocation might antiently without asking the Royal Assent and now may with the Royal Assent make Canons touching matters of Religion to bind not only themselves but all the Laity with-out consent or ratification of the Lords and Commons in Parliament Till the late Rebellion the Parliament did not at all meddle in the making Canons or in matters Doctrinal or in Translation of Scriptures only by their civil Sanctions when they were thereto required did confirm the Results and Consultations of the Clergy that so the people might be the more easily induced to obey the Ordinances of their Spiritual Governors The Clergy of England had antiently their Representatives in the Lower House of Parliament as appears by that antient Record so highly prized by the late Lord Coke and as the Upper House had and still hath Lords Spiritual as well as Temporal so in the Lower House there were always Commons Spiritual as well as Temporal for that Record saith expresly that the Commons in Parliament consist of three degrees or kinds First ex Procuratoribus Cleri Secondly ex Militibus Comitatuum Thirdly ex Burgensibus and the words of the Writ directed now to the Procuratores Cleri seem to give them the very same right to sit in that House as the words of the Writ to the Knights Citizens and Burgesses do give to them All the Members of both Houses of Convocation have the same priviledges for themselves and menial Servants as the Members of Parliament have and that by Statute The Archbishop of York at the same time holds at York a Convocation of all his Province in like manner and by constant correspondence doth debate and conclude of the same matters as are debated and concluded by the Provincial Synod of Canterbury Now for the Executive power in Church matters throughout the Kingdom of England there have been provided divers excellent Courts whereof the highest for criminal Causes was the High Commission Court for the jurisdiction whereof it was enacted primo Elizabethae that Her Majesty and Successors should have power by Letters Patents under the Great Seal to nominate Commissioners to exercise jurisdiction throughout the whole Realm to visit reform and correct all Errors Heresies Schisms Abuses and Delinquencies that may by any Ecclesiastical power be corrected or reformed This Court consisted of the highest persons of England in the Church and State and was the principal Bulwark and Preservative of the Church of England against the practices and assaults of all her Adversaries whether Romanist Puritan or Atheist yet for some pretended abuses the use thereof was taken away in the late seditious long Parliament whereupon followed a deluge of Errors in Religion Apostacy Atheism Blasphemy Sacriledge Incest Adultery impious Libels Schisms Conventicles c. all which so overwhelmed the manners of English men and occasioned at length so many profest Atheists that until the re-establishment of this or the like Court there cannot a Reformation be reasonably hoped for For civil affairs that concern the Church the highest Court is the Court of Delegates for the jurisdiction whereof it was provided 25 H. 8. that it shall be lawful for any subject of England in case of defect of justice in the Courts of the Archbishop of Canterbury to appeal to the Kings Majesty in his Court of Chancery and that upon such appeal a Commission under the Great Seal shall be directed to certain persons particularly designed for that business so that from the highest Court of the Archbishop of Canterbury there lies an Appeal to this Court of Delegates and beyond this to none other Next to the Court of Delegates are the Courts of the Archbishop of Canterbury where any Ecclesiastical Sutes between any persons may waving all inferior Courts be decided amongst them the highest Court is the Court of Arches so called from the Arched Church and Tower of S. Maries in Cheapside London where this Court is wont to be held the Judge whereof is called Dean of the Arches having jurisdiction over a Deanery consisting of 13 Parishes within London exempt from the jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical matters within the Province of Canterbury To this Court belongs divers Advocates all Doctors of the Civil Law two Registers and ten Proctors the Dean at present is Doctor Sweat In the next place the Archbishop of Canterbury hath his Court of Audience kept within the Archbishops Palace and medleth not with any difference between parties but concerning Elections and consecration of Bishops Admission and Institution to Benefices dipensing with Banes of Matrimony c. The next Court is called the Prerogative Court which judgeth of Estates fallen by Will or by Intestates so called because the Archbishops jure Praerogativae suae hath this power throughout his whole Province where the party at the time of death had 5 l. or above in several Dioceses and these two Courts hath also the Archbishop of York Lastly the Court of Peculiars which dealeth in certain Parishes lying in several Dioceses which Parishes are exempt from the jurisdiction of the Bishops of those Dioceses and are peculiarly belonging to the Archbishop of Canterbury in whose Province there are 57 such Peculiars Besides these Courts serving for the whole Province every Bishop hath his Court held in the Cathedral of his Diocess over which he hath a Chancellor tearmed antiently Ecclesiecdicus Episcopi Ecdicus the Church Lawyer or the Bishops Lawyer who being skill'd in the Civil and Canon Law sits there as Judge and if his Diocess be large he hath in some more remote place a Commissary whose authority is only in some certain place of the Diocess and some certain Causes limited to him by the Bishop in his Commission and these are called Consistory Courts
Delinquent is to stand in the Church Porch upon some Sunday bare head and feet in a white Sheet and a white Rod in his Hand there bewailing himself and beging every one that passes by to pray for him then to enter the Church falling down and kissing the ground then in the middle of the Church placed in a higher place in the sight of all the People and over against the Minister who declares the foulness of his crime odious to God and scandalous to the Congregation that God can no way be satisfied but by applying Christs sufferings nor the Congregation but by an humble acknowledging of his sin and testifying his sincere repentance and sorrow not in words only but with tears and promising there in the sight of God and his Holy Angels that by Gods assistance and by Prayer Meditation and daily works of Piety he will endeavor hereafter more carefully to watch against the temptations of the world the allurements of the flesh and the snares of the Devil which being done and the Priest in Christs name pronouncing the remission of sins the penitent humbly beseeches the Congregation to pardon him that great scandal against them and receive him into their holy Communion and to account him again a Member of their Church and in testimony hereof out of their Christian Charity to vouchsafe to say with him aloud the Lords Prayer And this way of the Church of England appears by divers Writers to be the antient way used by the Primitive Churches Note that it is ordained by the Canons of the Church of England that in case the crime be not notorious and publick the forenamed penance may at the parties request be commuted into a pecuniary Mulct for the poor of the Parish or some Pious uses provided that for the Reformation of the Delinquent that way appear to be the more probable way for some men will be thereby reclaimed who by publication of their offence would become more impudent and hardned when they perceive their reputation to be lost There remains one more punishment or Ecclesiastical censure which toucheth the body and that is denyal of Christian burial which is inflicted not in poenam mortuorum but in terrorem viventium who naturally desire that after their death their bodies may be decently interred And Christian burial is wont to be denyed by the Church of England to persons dying excommunicate to perjured persons to such as are hanged for Felony or that wilfully kill themselves and to Apostates Hereticks and Extortioners To these forenamed Censures and Punishments both Laity and Clergy are subject but besides these there are punishments whereunto the Clergy only are lyable as first Suspensio ab Officio when a Minister for a time is declared unfit to execute the Office of a Minister Then Suspensio a Beneficio when a Minister for a time is deprived of the profits of his Benefice and these two Censures are wont to be for smaller crimes Thirdly Deprivatio a Beneficio when for a greater crime a Minister is wholly and for ever deprived of his Living And fourthly Deprivatio ab Officio when a Minister is wholly and for ever deprived of his Orders and this is called Depositio or Degradatio and is commonly for some heynous crime meriting death and is performed by the Bishop in a solemn manner pulling off from the Criminal his Vestments and other Ensignes of his Order and this in the presence of the Civil Magistrate to whom he is then delivered to be punished as a Lay man for the like offence And herein Bishops are to take special care to behave themselves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not as lording over Gods Heritage not as absolute Masters over Servants to gain by their punishments but as Fathers over Children for their amendment and as being Ministers in Spiritual affairs to use their power for the good of Christians and to conduct that power by moderation Of the Parliament of England and therein of the Person summoning the manner of the summons the persons summoned their priviledges the place and manner of Sitting the passing of Bills in either House the passing of Acts of Parliament of Adjourning Proroguing and Dissolving of Parliaments A Brief Account of the Ecclesiastical Government having been given next follows the Civil Government towards which the first great wheel that moves is the Parliament of England Before the Conquest the Great Council of the King consisting only of the Great men of the Kingdom was called Magnatum Conventus or else Praelatorum Procerumque Concilium and by the Saxons in their own Tongue Micel Gemot the Great Assembly after the Conquest it was called by the French word Parlementum from Parler to talk together still consisting only of the Great men of the Nation until the Reign of H. 3. The Commons also were called to sit in Parliament for the first Writs sent forth to summon them bears date 49. H. 3. about 400 years agoe None but the King hath authority to summon a Parliament In the Kings absence out of the Realm the Custos Regni in the Kings name doth summon a Parliament and during the Kings minority within the Realm the Protector Regni doth the same No Parliament can begin without the Kings Presence either in Person or by Representation by Commissioners When the King of England is with his Parliament in time of peace he is then said to be in the height of his Royal Dignity as well as when he is at the head of his Army in time of War There is then scarce any thing that the King cannot do his power cannot be confined for Causes or Persons within any bounds He can with the concurrence of his Lords and Commons legitimate one that is born illegitimate bastardize one that is born legitimate that is to say one begotten in Adultery the Husband being then within the four Seas He can make an Infant of full age make an Alien or Forreigner an Englishman can attaint a man of Treason when he is dead when he is no more a man c. A Parliament is summoned in manner following About 40 days before the Parliament doth assemble the King issues out his Writ cum Advisamento Concilii sui and the Warrant is per ipsum Regem Concilium The Kings Writ which is a short Letter or Epistle is directed and sent to every particular person of the Lords Spiritual and Temporal commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to appear at a certain time and place to Treat and give their Advice in some certain important affairs concerning the Church and State c. Other Writs are sent to the High Sheriff of each County to summon the people to elect two Knights for each County two Citizens for each City and one or two Burgesses for each Burrough according to Statute Charter or Customs In these Elections antiently all the people had their Votes and most Votes carried it
concerning the Kings Revenue either certain or casual All Securities either by Bond or Recognizances to the Kings Majesty for any of his Debts are taken here All Proceedings upon any Statute by Information for Custom Excises or any other penal Law All proceedings upon the said Bonds or Recognizances or any other Bonds taken in the Kings name by Officers appointed thereunto under the Great Seal of England and transmitted into this Office for recovery thereof From hence issue forth Process to cause all Accountants to come in and account In the Court of Exchequer there being a Court of Equity all proceedings touching the same are in this Office with many other things concerning the Kings Revenue This Office is in the Kings Gift Next is the Lord Treasurers Remembrancer John Osburn Esquire whose Office is to make Process against all Sheriffs Receivers Bailiffs c for their Accounts and many other things of moment as Estreat-Rules all Charters and Letters Patents whereupon any Rents are reserved to the King In this Office there were heretofore twelve sworn Clerks whereof the two first were called Secondaries but since the Tenures were taken away the said Office is declined and the number of Clerks diminished This Office also is in the Kings Gift Clerk of the Pipe is Sir Robert Crook Knight who hath all the Accounts and Debts due to the King drawn down out of the Remembrancers Office and chargeth them down in the Great Roll or Pipe and therefore probably was it called the Pipe Office He hath under him eight sworn Clerks William Burnet Esquire chief Secondary Nicholas Highmore Wil. Satterthwayte Burnet Junior Caryl c. Here also Accountants have their Quietus est and here are made Leases of extended Lands Comptroller of the Pipe Brewster Esquire who writeth out Summons twice every year to the High Sheriffs to levy the Farms and Debts of the Pipe he also keepeth a controlment of the Pipe that is keepeth a Roll of the Pipe Office Accounts whereby to discover any thing that shall be amiss Clerk of the Pleas is Richard Beresford Esquire in whose Office all the Officers of the Exchequer and other Priviledged persons as Debtors to the King c. are to have their Priviledge to plead and be impleaded as to all matters at the Common Law And the proceedings are accordingly by Declarations Pleas and Tryals as at the Common Law because they should not be drawn out of their own Court where their attendance is required Forrein Opposer is Charles Whittaker Esquire whose Office is whereunto all Sheriffs repair to be by him opposed of their Green Wax and from thence is drawn down a Charge upon the Sheriff to the Clerk of the Pipe this Office is kept in Greys-Inn Clerk of the Estreats Williams Esquire whose Office is to receive every Term the Estreats or Extracts out of the Office of the Remembrancer of the Lord Treasurer and to write them out to be levied for the King also to make Schedules for such Summs as are to be discharged Auditors of the Imprest Bartholemew Beal and Robert Wylde Esquires who audit the great accounts of the Kings Customs Wardrobe Mint First Fruits and Tenths Naval and Military Expences Moneys imprested c. Auditors of the Revenue there are seven Sir Edmond Sawyer Kt. John Philips Esq Sir Joseph Seymour Kt. Aldworth Parsons Morice Esquires and Sir William Godolphin Kt. These audiâ— all the accounts of the Kings other Revenue that ariseth by Aydes granted in Parliament Remembrancer of First Fruits and Tenths James Roger Esq whose Deputyes George Farrington and William Prettyman take all Compositions for First Fruits and Tenths and make process against such as pay not the same this Office is kept in Hatton Garden There are also two other considerable Officers called Deputy Chamberlains Mr. Vines and Mr Lawrence in whose Office at Westminster are preserved all the Counterfoyles of the Talleys whereof more anon so exactly ranged by Months and years that they may presently be found out to be joyned with their respective Stock or Tally when thereunto required which being done and proving true they deliver the same attested for a lawful Tally to the Clerk of the Pipe for to be allowed in the Great Roll but in case any corruption hath been used the same is easily and soon discovered and the Offender severely punished by Fine and imprisonment There are also divers other Officers as Clerk of the Parcels Clerk of the Nichils Marshals Usher of the Exchequer whose Office is executed by a Deputy also 4 under Ushers Of the other part of the Exchequer called by some the Lower Exchequer where the Kings Revenue is received and disbursed with admirable Order and Frugality THe Principal Officer is the Lord Treasurer of whom see the First Part of the Pres State of England Since the Death of the Earl of Southampton 1667. This great Office hath been in the hands of five Commissioners Now there are but three Commissioners the Lord Ashley Sir Thomas Clifford and Sir John Duncomb who execute the same at Whitehall They have each one a considerable Salary from the King There is one Secretary Sir George Downing Knight and Baronet Next is the Chancellour of the Exchequer who is also an Officer of great Account and Authority he hath a principal power not onely in the Exchequer Court but also here in the managing and disposing of the Kings Revenue he hath also the Custody of the Exchequer Seal This Office is injoyed by the forementioned Lord Ashley Then there are two Chamberlaines of the Exchequer Sir Nicholas Steward and Mr. Hyldiard in whose Custody are all Antient Records Leagues and Treaties with forreign Princes the Standards of Moneys Weights and Measures those antient famous Books called Doomes-day and the Black book of the Exchequer whereof the former is Liber Censualis totius Angliae the Tax Book of England made by William the Conqueror wherein is described all the Lands of England with the true value and their Owners name it was six years in making viz. from the 14th to the 20th year of that King and called at first Rotulus Wintoniae but since named Doomes-day Book because therein was set down an exact Account not onely of all the Cities Towns and Villages of England but the number of Families of Men Souldiers Husbandmen Bondmen Servants Cattle how much mony what Rent how much Meadow Pasture Woods Tillage Common Marsh Heath every one possessed and when any one cited or any difference arose about those things or Taxes c. there was no place for denying or deceiving the King whereof many men ever made little Conscience though all good Christians ever counted it a grievous and hainous sin when this Book was opened like as it will be at the opening of the Book at the great day of doom or general Judgment of the World This Book is kept under three Locks and Keys not to be lookt into under 6s 8d and for every line transcribed is to be paid 4d
Next is the Auditor of the Receipts Sir Robert Long whose Office is to file the Bills of the Tellers whereby they charge themselves with all moneys received and to draw all Orders to be signed by the Commissioners of the Treasury for issuing forth all moneys by vertue of Privy Seals which are recorded and lodged in his Office He also makes debentures to the several Persons who have Fees Annuities or Pensions by Letters Patents from the King out of the Exchequer and directs them for payment to the Tellers He receives every week the state of the account of each Teller and also weekly certifies the whole to the Commissioners of the Treasury who immediately present the estimate or Ballance to the King He takes the Tellers Accounts in gross at Easter and Michaelmas By him are kept the several Registers appointed for paying all persons in course upon several Branches of the Kings Revenue He is Scriptor Taliorum hath five Clerks to manage the whose estate of Moneys received disbursed and remaining Next there are four Tellers Laurence Squib John Loving Esquires Sir George Downing aforementioned and Sir William Doily Kt. Their Office is to receive all moneys due to the King and thereupon to throw down a Bill through a Pipe into the Tally Court where it is received by the Auditors Clerk who there attends to write the words of the said Bill upon a Tally and then deliver the same to be entred by the Clerk of the Pells or his under Clerk who there attends to enter it in his Book then the Tally is cloven by the two Deputy Chamberlains who have their Seals and while the Senior Deputy reads one part the Junior examines the other part with the other two Clerks Clerk of the Pells is William Wardour Esquire whose Office is to enter every Tellers Bill into a Parchment skin in Latin Pellis whence this Office hath its name all receipts and payments for the King for what cause or by whom soever and is in nature of a Comtroller hath four Clerks whereof one is for the Introitus and another for the Exitus Moreover he is to make weekly and half yearly Books both of the Receipts and Payments which are delivered to the Commissioners of the Treasury In the Tally Court sit the Deputies of the two Chamberlains Edward Faulconbridge and John Low Esquires who cleave the Tallies and examine each piece a part A Tally in the Exchequer from the French Verb Tailler to cut is a very antient and most certain way of avoiding all cozenage in the Kings Revenue the like no where else in Christendom and is after this manner He that payes the King any moneys receives for his Acquittance a Tally that is the one half of a stick cloven with certain proportionable Notches thereon expressive of the sum from the said Deputy Chamberlains who keep the other cloven part of the stick called the Foyl and deliver it to the Tally-Joyners on the other side of the Exchequer who are also Deputies to the Chamberlains and they joyn it with the Foyl which agreeing they give it their Test and send it by an Officer of their own to the Pipe where their Quietus est is engrossed in Parchment Other Officers in the Exchequer are the two Ushers Robert and Philip Packer Esquires whose Office is to take care to secure the Exchequer by day and by night and all the Avenues leading to the fame and to furnish all necessaries as Books Paper c. There is also a Tally Cutter and four Messengers By long continuance and the wisest contrivances that the ablest men of many ages could invent the Exchequer of the King of England is become the best ordered publick Revenue in the world Though the number of Officers in the Exchequer is far greater than in any other of the Kings Courts yet not near so great as the Financiers and other Officers belonging to the Revenues of the French King who are so many that their Fees eat up three parts in four of the whole Revenue whereas for rewarding all the Officers in the English Exchequer whereof most are ever persons of Estates Parts and great Integrity it costs the King a very inconsiderable sum of money as will easily appear to any one who shall consider that in case of a gift from the King of Moneys or Pension out oâ— his Exchequer he that receives it pays but 5 l. per cent amongst the Tellers Auditors Clerk of the Pells and their Clerks and to all other Officers whatsoever and which is remarkable there goes not amongst the said Officers and Clerks so much as 5 s. per cent out of publick Payments as for the Navy Ordnance Wardrobe Mint to the Cofferer Treasurer of the Chamber c. In case of Moneys paid in by any of the Kings Tenants Receivers it costs them sometimes but six pence and at most but 3 s. for every payment under a thousand pounds and that goes only to the Clerks for their pains in writing and attending The bringing in of all moneys to the King costs his Majesty amongst Receivers Collectors and all others in the Country not above 2 s. in the pound and at his Exchequer it costs him in a manner nothing at all for the Tellers who are bound to the King in 20000 l. security for the true discharge of their great trusts have under 33 l. per an for their Salary from the King and the two Clerks of each Teller who constantly attend their Offices have nothing at all from the King The Court of the Dutchy of Lancaster THere is another Court at Westminster called the Court of the Dutchy of Lancaster which takes Cognizance of all Causes that any way concern the Revenue belonging to that Dutchy which hath been long since annext to the Crown The chief Judge of this Court is the Chancellor of the Dutchy who is assisted by the Atturney of the Dutchy There are divers other Officers of this Court a list of whose Names here follow Sir Thomas Ingram Chancellor and one of His Majesties most honourable Privy Council Sir John Heath Atturney Genera Sir John Curzon Receiveâ— General Sir Thomas Trevor Knight of the Bath and John Fanshaw Esq Auditors Sir Gilbert Gerard Clerk of the Dutchy Thomas Desborough Messenger This Court is kept at Westminster by the Lower Exchequer and the Office of Sir Gilbert Gerard at Grays Inn. Of the High Court of Chancery NExt to the Kings Bench in Westminster-Hall is wisely placed this High Court to mitigate the Rigour of that it is called Curia Cancellariae as some judge because as some think the Judge of this Court sate antiently intra Cancellos or Lattices as the East end of our Churches being seperated per cancellos from the body of the Church as peculiarly belonging to the Priest were thence called Chancels This Court is the Officina Justiciae the Womb of all our Fundamental Laws the Fountain of all our proceedings in Law the Original of all other Courts
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
are as the Dies Nefâ—sti wherein the Courts sit not so that in one fourth part of the year and that in one City all considerable causes of the greatest part of England are fully decided and determined whereas in forreign parts the Courts of Justice are open all the year except high Holydayes and Harvest and that in all great Cities This may seem therefore strange to all Forreigners till they know that the English have alwayes been given more to peaceableness and industry then other people and that rather then go so far as London and be at so great Charges with Attourneyes and Lawyers they will either refer their differences to the Arbitration of their Parish Priests who do or ought to think it a Principal part of their Duty to reconcile differences within their Parishes or to the Arbitration of honest Neighbours or else are content to submit their differences to tryal before the Judges of Assises or the Itinerant Judges who twice a year viz. after the end of Hilary Term and after the end of Trinity Term two by two of these principal Judges ride several Circuits and at the Principal Town of every County sit to hear and determine all Causes of lesser moment both civil and criminal a most excellent wise Constitution begun by King Hen. 2. Anno 1176. who at first divided England into six Circuits not the same that are now and to each Circuit allotted three judges Wales also is divided into two Circuits North and South Wales for which are designed in like manner two Sergeants at Law for each Circuit These Judges give Judgment of the Pleas of the Crown and all Common Pleas within those Counties dispatching ordinarily in two or three days all Controversies in a County that are grown to issue in the fore-mentioned Courts at London between Plaintiffs and Defendants and that by their Peers a Jury of 12 men ex viceneto out of the neighbourhood where about the business lyes So that twice a year in England and Wales Justice may be said to be rightly and speedily administred even at our own doors Besides the forementioned Courts at Westminster Henry 8. erected for the more ease of the Subject a Court in the North of England another for the County of Wales and Counties adjoyning and intended another for Cornwall and Devonshire and these in manner of those Courts called in France Parlements where all cases might be decided both according to the Laws of England and according to equity in Chancery Of these Courts that for Cornwal was never fully erected those people desiring rather to come to London for Justice that of the North was by the late long Parliament taken away and so was that of Wales but this last since the Restauration of the King again erected Of this Court or Council of the Marshes of Wales is a Lord President at present the Lord Vaughan Earl of Carbury divers Councellors Secretary Attourney Sollicitor Surveyor who have Salaries from His Majesty HAving given a brief Account of the Civil Government of all England in General next shall be described the particular Government of Counties Hundreds Cities Burroughs and Villages For the Civil Government of all Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers men of worth and parts who have their usual residence in the County so many as His Majesty pleaseth to keep the Peace of the County and these by Commission under the great Seal are called Justices of Peace and such of them in whom the King doth more particularly confide or respect are called Justices of the Quorum from those words in the Commission Quorum A. B. unum esse volumus that is some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of Peace and Quorum is by the Lord Keeper made Custos Rotulorum so called because he hath the Custody of the Rolls or Records of the Sessions and is to bring them to each Quarter Sessions The Original of Justices of Peace is from the first year of Edward 3. Their Office is to call before them examine and commit to Prison all Theeves Murderers wandring Rogues those that hold Conspiracies Conventicles Riots and almost all other Delinquences that may occasion the breach of Peace and quiet to the Kings Subjects to commit all such to prison as either cannot or by Law are not to be bailed that is cannot be set at liberty by Sureties taken for their appearance at a place and time certain land to see them brought forth in due time to Tryal Every Quarter or three months the Justices meet at the chief or Shire Town where the Grand Enquest or Jury of the County is summoned to appear who upon Oath are to inquire of all Traitors Hereticks Theeves Murderers Money-coiners Riots c Those that appear to be guilty are by the said Justices committed to prison to be tryed at the next Assises when the Judges of Westminster come their Circuits aforementioned For execution of Laws in every County except Westmorland and Durham the King every Michaelmas Term nominates for each County a Sheriff that is a Reeve of the Shire Praepositus or Praefectus Comitatus a Governor or Guardian of the County for the words of the Patent are Commisimus tibi Custodiam Commitatus nostri de N. The Sheriffs Office is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to empannel Juries to bring Causes and Criminals to Tryal to see the sentences both in Civil and Criminal affairs executed to wait on and guard the Itenerant Judges twice a year so long as they continue within the County which at the Assises is performed with great Pomp Splendor Feasting c In order to the better execution of his Office the Sheriff hath attendant his Under-Sheriff divers clerks Stewards of Courts Bayliffs of Hundreds Constables Gaolers Sergeants or Beedles besides a gallant train of servants in rich Liveries all on Horseback at the Reception of the Judges He was antiently chosen as Knights of the Shire but to avoid Tumults it is now thus Every year about the beginning of November the Judges Itinerant nominate six fit men of each County that is Kts. or Esquires of good Estates out of these the Lords Keeper Treasurer Privy Councellors and 12 Judges assembled in the Exchequer Chamber and sworn make choice of three of which the King himself after chooseth one to be Sheriff for that year only though heretofore it was for many years and sometimes heriditary as at this day to the Cliffords who by dissent from Robert de Vipont are Sheriffs heriditary of the County of Westmoreland by Charter from King John Furthermore the Sheriffs Office is to collect all publick profits Customes Taxes of the County all Fines Distresses and Amerceaments and to bring them into the Kings Exchequer or Treasury at London or else where as the King shall appoint The
Headborough to keep the Peace to secure offenders to bring them before the Justice c. Then for the Ecclesiastical Government of Villages there is as before hath been mentioned the Parson or Vicar who hath Curam Animarum the Care of Souls as the Lord of the Mannor hath in some measure Curam Corporum for which he hath the Tythes Glebe and Church Offrings hath under him the Church-wardens and Sides-men to take care of the Church and Church Assemblies the Overseers of the Poor to take care of the Poor Sick Aged Orphans and other Objects of Charity and Lastly the Clark to wait on him at Divine Service Thus admirable and excellent is the Constitution of the present English Government above and beyond any other Government in Christendom O Fortunatos nimium bona si sua norint Angligenas If English men did know their Bliss Too great would be their Happiness Of the Military Government of England IT was a smart Motto that the Great Henry the IV. of France Grandfather to our Gracious King now raigning caused to be engraven on his Great Guns Ratio Ultima Regum Intimating thereby that when Subjects refuse to submit to the Laws of the Land or Neighbours to the Law of Nations then Kings have recourse to Force and Armes to bring them to Reason So long as Subjects are prone to Sedition and Neighbour-Princes and States to Ambition there will be a necessity of a Military Power in every State both by Land and likewise by Sea where the Country is any where bordering on the Sea Of the Military power of England both by Land and Sea the King of England hath the sole supreme Power Government Command and disposition And neither one nor both Houses of Parliament have any right to levey any Forces or make any War Offensive or Defensive as they have at large declared in Parliament Anno 14 Car 2. By Land the next under the King was the late Duke of Albemarle who by His Majesties Commission dated 4 th of April 1660. at Breda was made Generalissimo of all His Majesties Forces in all His Three Kingdoms Horse and Foot Land Souldiers in pay as well within Garrison as without Since the Death of the aforementioned Duke the Horse and Foot which are in constant Pay are thus ordered there are four excellent Regiments of Foot The first is called the Kings Regiment consisting of 24 Companies and near 1700 men commanded by Coll. John Russel whose Lieftenant Coll. is Edw. Grey brother to the Lord Grey and whose Major is William Rolleston The next is the Duke of Yorks Regiment 720 men commanded by Sir Charles Littelton whos 's Lieft. Coll. is Sir John Griffith and his Major Nath. Dorrel Of the third Regiment 600 men Sir Walter Vane is Coll. Thomas Howard of Suffolk Lieft. Coll. and Sir Thomas Ogle Major Of the fourth Regiment 960 men the Coll. is the Earl of Craven his Lieft. Col. is Sir James Smith his Major John Millar There is also a Gallant Regiment of Horse consisting of 8 Troops about 500 Horse besides Officers commanded by the Earl of Oxford and his Major is Francis Windham His Majesty hath besides 3 compleat Troops for his Life Guards whereof one is called the Kings Troop consisting of 200 Horse and commanded by the Duke of Monmouth Another the Queens Troop 150 Horse and commanded by Sir Philip Howard and the third the Duke of Yorks Troop 150 Horse and commanded by the Marquis of Blanquefort whereof see more in the first Part of the Present State of England The pay of a Colonel of Foot is 20 s. per diem and of a Colonel of Horse 12 s. per diem the other Officers have proportionable pay Each Foot Souldier in London hath 10 d. a day and each Horseman 2 s. 6 d. a day Onely those of the Life Guard have each 4 s. a day The rest of His Majesties Forces that are in constant pay are disposed of into several Garrisons a List whereof follows Alphabetically with the names of their several Governors Barwick Lord Widdrington Carlile Sir Philip Musgrave Chepstow Captain Roger Vaughan Chester Sir Jeofry Shackerly Dover Capt. Strode Deale Capt Titus Guernsey Lord Hatton Gravesend Sir Francis Leak Harwich Sir Charles Littleton Hull John Lord Bellassis Jersey Sir Thomas Morgan Languard Fort Major Dorrell St. Maws Sir Viel Vivian Pendenis Richard Lord Arundel Plimouth Earl of Bath Portsmouth D. of York Sir Philip Honywood Lieutenant Governor Scarborough Sir Tho. Slingsby Scylly Isle Sir Will. Godolphin Shereness Sir Bourcher Wray Tinmouth Col. Edward Villars Tower Sir John Robinson Vpner Castle Windsor Castle Prince Rupert Isle of Wight Sir Robert Holmes York the Lord Freschevile In some of these Garrisons His Majesty is at the charge of above 500 men constantly each Garrison Souldier hath 8 pence a day Of all the land Forces in pay the Commissaries Gen. of Musters are Henry Howard of Suffolk and Sir Cecil Howard The Pay-master of all the Forces is Sir Stephen Fox The Judge Advocate Dr. Sam. Barrow For regulating and ordering His Majesties Land Forces that are in constant pay there are no Orders yet setled by Act of Parliament as there are for his Sea Forces but may be in a short time Besides the afore-mentioned Forces there is the standing Militia by Land of all England setled in the King to be governed ordered and enlarged from time to time as his Majesty shall see occasion For the management of these standing Land Forces the King himself makes choice of divers of the principal Peers of his Kingdome and by Commission creates them Lord Lieutenants of the several Counties of England with power to arm array and form into Companies Troops and Regiments to conduct upon occasion of Rebellion or Invasions and employ the men so armed within the Counties and Places for which the said Lords are commissioned or into any other County as the King shall give order To give Commissions to Colonels or other Commissioned Officers to present to the King the names of the Deputy-Lieutenants who have in the absence of the Lord Lieutenant the same power and these are to be of the prime Gentry of the County to charge any person in the County with Horse Horsemen and Arms or Foot Souldiers and Arms within the said County proportionable to their estates with limitation that no person be charged with a Horse unless he hath 500 l. yearly Revenue or 6000 l. in personal Estate No person to be charged with a Foot Souldier unless he hath 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together to find a Horse and Horseman or a Foot Souldier The forementioned Horse and Foot are to muster once or twice a year and each Horseman during the time of the Muster to be allowed him for whom he serves 2 s. a day and each Foot Souldier 12 d. a day For furnishing Ammunition and other Necessaries the Lord Lieutenant
or Deputy Lieutenants may levy every year one fourth part if they judge it expedient of each mans proportion in the Tax of 70000 l. a moneth upon the whole Kingdom And in the case of marching against an enemy they have power to cause every man so charged to allow each Souldier one months pay which the King is after to repay before they may be charged with another moneths pay These Forces are alwayes in readiness with all things necessary at the beat of a Drum or sound of Trumpet to appear muster and be compleat with men horse and armes and are at certain times trained and disciplined that they become able skilful and useful Souldiers These are to be commanded only within the Kingdom for the security of the King and Kingdom Subservient in the standing Militia to the Lord Lieutenant and Deputy Lieutenant are the Justices of Peace of every County who upon all occasions according to the orders of their Superiors are to send their Warrants to the High Constable of the Hundred or Petty Constable of the Parish c. These are commonly called the Train-bands of every County whereof the number is so great that in only five of the bigger Counties of England there are to be found well provided forty thousand able lusty men ready to assist the King upon all occasions so that in all times of peace the King hath six or sevenscore thousand men enrolled and wholly and solely at his disposing for the defence of his Kingdom of England For the better securing of the Kingdom from foreign Invasion besides the Ships of war whereof more anon there are upon certain eminent places over al parts of England mediterrane as well as maritime high Poles erected whereon are fastned pitch Barrels to be fired by night and a smoke made by day and thereby to give notice in few hours to the whole Kingdom of the approaching Invasion whereupon the Inhabitants in arms make haste to the sea-coasts These are called Becons from the Saxon Beacen or Beacnian to shew by a sign In all times of danger some are set to watch at every Becon Antiently there were many Castles in all parts of England but inland Castles generally have either been demolisht in latter times or wittingly suffered to decay that to Rebels they might be no shelter to Invaders no stay nor to the Invaded any refuge in flight and consequently that there may not be any lingring war again in England which is the greatest misery and calamity that can ever happen to a Nation In 1588. upon expectation of the Spanish Armado stiled invincible there went forth from the Queen Commissions to muster in all parts of England all men that were of perfect sense and limb from the age of 16. to 60 except Noblemen Clergy-men University Students Lawyers Officers and such as had any publick charges leaving only in every Parish so many Husbandmen as were sufficient to till the ground In all those Musters there were then numbred three millions but of those fit for war about six hundred thousand In another Muster of Queen Elizabeth there were found in all England fit for war of common Souldiers about four hundred thousand and of those armed and trained one hundred eighty five thousand besides Horse near forty thousand and that the Nobility and Gentry were then able to bring into the field of their Servants and Followers twenty thousand men Horse and Foot choice men and excellent horses and in all fit for war and ready upon all occasions six hundred forty two thousand leaving sufficient to till the ground and to furnish Trades besides Nobility Gentry c. Of the present Maritime Power belonging to the Crown of England THe Kingdom of England being a Peninsula almost surrounded with the sea there will alwayes be a necessity of maritime forces And as next Neighbours grow potent at sea the King of England will be necessitated to augment his maritime forces proportionably how great soever the charge thereof may be or else to quit his antient right to the Soverainty of the narrow seas and to suffer his Merchants to be abused and their traffique every where interrupted It is true that in the 24. of Eliz. upon a general view and muster there were found but 13 Ships of war and 135 Ships of considerable burden belonging to all the Subjects of England and in the year 1600 her Majesty had but 36 Ships of war and 13 or 14 Pinaces the biggest Ship was then of One thousand Tun carried Three hundred and forty Mariners One hundred and thirty Soldiers and but Thirty piece of Ordnance The lesser Ships of War were of One hundred Tun Forty or fifty Mariners Seven or eight Soldiers and Eight Guns The Pinnaces of Thirty Tun Eighteen or twenty Mariners and Two or four Guns so small was the Royal Fleet in those days when our next Neighbor Nations were weak and always engaged with Civil and Foreign Wars but now that their strength at Sea is of late so prodigiously increased it will be most expedient for this Kingdom to be always well provided And God be thanked we have a King that understands better and takes more delight in Maritime Affairs and Ships of War then any of His Royal Ancestors or any Soveraign Prince now living in the World and who hath made it His cheif business that way to fortifie this Kingdom The Forces of Potentates at Sea Sont des Marques de Grandeur d'Estat saith a French Author Whosoever commands the Sea commands the Trade of the World He that commands the trade commands the Wealth of the World and consequently the World it self Again As he that is Master of the Field is said to be Master of every Town when it shall please him so he that is Master of the Sea may in some sort be said to be Master of every Countrey at least of such as are bordering on the Sea for he is at liberty to begin or end a War where and upon what terms he pleaseth and to extend his Conquests even to the Antipodes To the Crown of England belongs the Dominion of all the Narrow Seas round about the whole Island of Great Britain by Ancient Right whereof it hath had possession in all times First the Aborigenes or Ancient Britains were possest thereof as Mr. Selden makes appear and in their Right the Romans held it then the Saxons having gotten possession of England kept that Dominion their King Edgar amongst His Royal Titles calling Himself Soveraign of the Narrow Seas Afterward the Normans possessing England claimed and quietly possest the same Dominion in testimony whereof the Swedes Danes Hans-Towns Hollanders Zealanders c. were wont to ask leave to pass the British Seas and to take Licenses to fish therein And to this day do strike Sail to all the Ships of War belonging to the King of England as oft as they pass by any one of them thereby to express that they acknowledge the Soveraignty of the British
Nations and excelled all Nations in making of good Lawes yet for their Sea-affairs referred all Debates and Controversies to the Judgement of these Rhodian Lawes Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitane not far from the Mouth of the Garonne where our famous Warriour King Richard the First caused to be compiled such excellent Laws for Sea matters that in the Ocean Sea Westward they had almost as much repute as the Rhodian Laws in the Mediterranean and these Lawes were called La Rool d' Oleron King Edward the Third who first erected this Court of Admiralty as some hold made at Quinborough 1375. very excellent Constitutions concerning Maritime affairs and many Statutes and Ordinances have been made by other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and Messina yet that fragment of the Rhodian Law still extant with the Comments thereon by the old Jurisconsults inserted in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still holds the Preeminence The Customes and former Decrees of the English Court of Admiralty are there of force for deciding of Controversies Under this Court there is also a Court of Equity for determining differences between Merchants In Criminal affairs which is commonly about Piracy the proceeding in this Court was by Accusation and Information according to the Civil Law by a mans own confession or eye-witnesses found gulty before he could be condemned but that being found inconvenient there were two Statutes made by H. VIII that Criminal affairs should be tried by Witnesses and a Jury and this by special Commission of the King to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes Between the Common Law of England and the Admiralty there seems to be Divisum Imperium for in the Sea so far as the Low-water Mark is observed that is counted Infra Corpus Comitatus adjacentis and Causes thence arising are determinable by the Common-Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between the Low-water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For regulating and ordering His Majesties Navies Ships of War and Forces by Sea See those excellent Articles and Orders in Stat. 13 Car. 2. c. 9. Of the Navy Office where the whole business concerning the Kings Vessels of War is managed FIrst There is the Treasurer of the Navy the Earl of Anglesy whose Office is to receive out of the Exchequer by Warrant from the Lord Treasurer of England and to pay all charges of the Navy by Warrant from the principal Officers of the Navy for which he hath salary 220 l. 13 s. 4 d. besides 3 d. in the pound of all moneys paid by him This Office is executed pro tempore by Sir Thomas Osburn and Sir Thomas Littleton for which there are allowed to each fifteen hundred pounds per annum Next the Controller of the Navy Sir John Mennes whose Office is to attend and controll all payments of wages to know the Market rates of all stores belonging to shipping to examine and audit Treasurers Victuallers and Store-keepers Accounts c. his Salary is 500 l. yearly This Office is executed at present by the Lord Vicount Brounker the forementioned Sir John Mennes and Sir Jeremy Smith together Surveyor of the Navy Collonel Thomas Middleton whose Office is generally to know the state of all stores and see the wants supplyed to find the Hulls Masts Yards and estimate the value of repairs by Indentures to charge all Boatswains and Carpenters of His Majesties Navy with what stores they receive and at the end of each voyage to state and audit their Accounts his Salary is 490 l. Clerk of the Acts Samuel Pepys Esquire whose Office is to record all Orders Contracts Bills Warrants and other businesses transacted by the Principal Officers and Commissioners of the Navy c. Next the Commissioners of the Navy viz. the forementioned Lord Brounker and Sir Jeremy Smith whose Office is as above specified and Salary to each 500 l. yearly Two other Commissioners John Tippets And John Cox Esquires whose particular work is to be at Portsmouth and Chatham alwayes in readiness to give Orders for the better management of His Majesties affairs in his Yards or Store-Houses there Salary to each is 350 l. yearly Each of these Officers above named have two Clerks and some of them more all payd by the Treasurer of the Navy all hold their Places by Patent from the King and the most of them during Pleasure The King hath for his Navy Royal and Stores 4 great Yards or Store-houses viz. at Chatham Deptford Woollwich and Portsmouth where his ships are built repaired and laid up after their voyages In which Yards are employed divers Officers whereof there are six Principal whose Office Names and Salaries follow  Chat. Dep. Wool Port. Clerk of the Check 181 108 98 126 Store-keeper 236 164 128 119 Master attendant 2 at Chatham 200 100 100 108 Master ship-wright 103 113  130 Clerk of the Controll 100 120 80 80 Clerk of the Survey 140 102  84 Note that the charges of their Clerks and Instruments are included in the aforementioned Salaries Besides these four Yards His Majesty hath divers Rope Yards as at Chatham Woolwich and Portsmouth where are made all His Cables and Cordage for His Navy Also in time of a Sea-war the King hath another Yard at Harwich where there is out of War time continued an Officer at the charges of 100 l. yearly Yearly Pensions allowed by the King to to his Flag-Officers whilst they are at Land of Employment Two Admirals  salaries  l. Sir George Askew 250 Sir Thomas Allen 245 Three Vice-Admirals Sir Joseph Jordan 200 Sir Edward Sprag 250 Sir John Herman 200 Three Rere-Admirals  l. Riches Uâ—bert 150 Sir John Kempthorn 150 John Hubbert 150 All the Fore-mentioned Officers and the whole Navy Office are governed by the Lord High Admiral of England whose Lieâ—tenant Admiral is the Earl of Sandwich Salary 20 s. per diem and 10 s. per mens for each servant whereof he is allowed 16. Lord Adm. Secretary is Matthew Wren Esquire his Salary from the King is 500 l. yearly All the other under Officers as well those in the several Yards as those belonging to any of His Majesties ships hold their places by Warrant from the Lord High Admiral durante bene placito The ordinary yearly Charge of His Majesties Navy in times of Peace continuing in Harbour is so well regulated that it amounts to scarce 70000 l. besides all charges of building of ships c. or setting forth any Fleets which some years even in peaceable times amounts to 12 or 1300000 l. more as may easily be
and of the Liberties thereof ought still according to the aforementioned Acts to pay 2 s. 9 d. in the pound according to the true yearly value of the Rent of their Houses and Shops from time to time but the Citizens who think 2000 l. per annum not enough for an Alderman or for a Lawyer and yet 200 l. too much for a Pastor of a Parish opposing the same the business lies yet unestablished to the great dishonor of the Reformed Religion The Civil Government is not as it is at Paris Rome Madrid Vienna and other Capital Cities by a chief Magistrate some Nobleman set over the City by the King or Supreme Governor or as it was here in the time of the Romans when the chief Magistrate was called as it is still in Rome the Prefect of London or as it was in the time of the Saxons when he was called the Portgreve that is Custos or Guardian and sometimes Provost of London but after the coming in of the Normans the chief Magistrate was called Bailive from the French word Bailler tradere committere that is Commissarius or one that hath Commission to govern others and there were sometimes two Bailiffs of London till King Rich. I. Anno 1189. changed the name of Bailiff into MAYOR which also being derived from the French hath continued ever since a Citizen chosen by the Citizens annually unless sometimes for the disloyalty of the Citizens their Priviledges and Franchises have been taken from them and a Guardian set over them as was done by Hen. III. and Edw. I. Of latter times the Mayor of London though alwayes a Citizen and Tradesman hath been of such high repute and esteem that in all writing and speaking to him the Title of Lord is prefixt which is given to none others but either to Noblemen to Bishops Judges and of later times to the Mayor of York or to some of the highest Officers of the Realm He is also for his great Dignity usually knighted by the King before the year of his Mayoralty be expired His Table is and also the Table of each Sheriff such that it is not only open all the year to all commers strangers and others that are of any quality but so well furnished that it is always fit to receive the greatest Subject of England or of other Potentate nay it is recorded that a Lord Mayor of London hath feasted four Kings at once at his Table His domestick Attendance is very honorable he hath seven Officers that wait on him who are reputed Esquires by their places that is the Sword-bearer the Common Hunt who keepeth a gallant Kennel of Hounds for the Lord Mayors Recreation abroad the Common Cryer and four Water Bailiffs There is also the Coroner three Sergeants Carvers three Sergeants of the Chamber a Sergeant of the Channel four Yeomen of the Water-side one Under-water Bailiff two Yeomen of the Chamber three Meal-weighers two Yeomen of the Wood-wharfs most of which have their servants allowed them and have Liveries for themselves His State and Magnificence is remarkable when he appears abroad which is usually on horse-back with rich caparison himself alwayes in long Robes sometimes of fine Scarlet cloth richly furred sometimes Purple sometimes Puke with a great Chain of gold about his neck with many Officers walking before and on all sides of him c. but more especially on the 29. of October when he goes to Westminster in his Barge accompanied with all the Aldermen all his Officers all the several Companies or Corporations in their several stately Barges with their Arms Colours and Streamers and having there in the Exchequer Chamber taken his solemn Oath to be true to the King returns in like manner to Guild-Hall that is the great Common Hall of Guilds or incorporated Confraternities where is prepared for him and his Brethren a most sumptuous Dinner to which many of the great Lords and Ladies and all the Judges of the Land are invited This great Magistrate upon the Death of the King is said to be the prime person of England and therefore when King James was invited to come and take the Crown of England Robert Lee then Lord MAYOR of London subscribed in the first place before all the great Officers of the Crown and all the Nobility He is usually chosen on Michaelmas day out of the 26 Aldermen all persons of great wealth and wisdom His Authority reaches not only all over this great City and a part of the Suburbs but also on the famous River of Thames Eastward as far as Yendale or Yenleet and the mouth of the River Medway and Westward as far as Colny ditch above Stanes Bridge He hath power to punish and correct all that shall annoy the Stream Banks or Fish onely the strength and safety of the River against an Invasion and securing Merchandizing and Navigation by Blockhouses Forts or Castles is the Care of the King To the Lord Mayor and the City of London belong divers Courts of Judicature of high importance The highest and most antient Court is that called the Hustings i. e. Domus Causarum which doth preserve the Lawes Rights Franchises and Customs of the City There is a Court of Requests or Conscience The Court of the Lord Mayor and Aldermen where also the Recorder and Sheriffs sit Two Courts of the Sheriffs one for each Counter The Court of the City Orphans whereof the Mayor and Aldermen have the custody The Court of Common-Council consisting as the Parliament of England of two Houses one for the Lord Mayor and Aldermen and the other for the Commoners in which Court are made all By-laws which bind all the Citizens of London for every man either by himself or by his Representative gives his Assent thereunto wherein consists the great happiness of the English Subject above all the Subjects of any other Prince in the world that neither in Laws nor By-laws neither in Taxes or Imposts any man is obliged but by his own consent There is another Court of the Chamberlain of the City to whom belongs the Receipts of the Rents and Revenues of the City and to his Court the business of Apprentices over whom he hath a great authority To the Lord Mayor also belongs the Courts of Coroner and of Escheator and another Court for the conservation of the River of Thames Lastly the Court of Goal-delivery held usually eight times a year at the Old-Baily both for the City and Middlesex for the Tryal of Criminals whereof the Lord Mayor is the chief Judge and hath power of reprieving condemned persons There are other Courts called Wardmote or the meeting of Wards whereof there are 26 in the whole City In which Court inquiry is made into all things that can conduce to the regulating and well governing of the City Also the Court of Hall mote or Assembly of every Gild or Fraternity for regulating what belongs to each Company in particular The Traders of London are divided into Companies or
Arches founded in a deep broad River and some say on a soft ozy Ground is Eight hundred Foot in length Sixty high and Thirty broad hath a Draw bridge almost in the middle and Twenty Foot between each Arch it was built Anno 1209. in the Reign of King John The first Stone-bridge in England having been built above One hundred years before by Queen Maud Wife to Henry the First at Stratford on the River Lee Three miles from London so called from the Highway there passing over a Ford and since called Stratford Bow from the Arched Bridge a piece of Architecture then new to the English Nation The building of this Bridge of London was an exceeding difficult and costly piece of Work and to those that consider the constant great Flux and Reflux at that place it seems almost impossible to be done again The charges of keeping it in repair is so great that it hath been thought fit by our Ancestors to have a large House a vast Revenue in Lands and Houses divers considerable Officers c. to be set apart for the constant care and repair thereof Concerning this Bridge and the stupendious site and structure thereof take here the fancy of an ingenious Person deceased WHen Neptune from his Billows London spi'd Brought proudly thither by a High Spring-Tide As through a Floating Wood he steer'd along And moving Castles cluster'd in a throng When he beheld a mighty Bridge give law Unto his Surges and their fury aw When such a Shelf of Cataracts did roar As if the Thames with Nile had chang'd her shoar When he such Massie Walls such Towers did eye Such Posts such Irons upon his back to â—ie When such vast Arches he observ'd that might Nineteen Rialto's make for depth and height When the Cerulean god these things survey'd He shook his Trident and astonish'd said Let the whole Earth now all Her Wonders count This Bridge of Wonders is the Paramount Not far below this famous Bridge is placed the Custome House where is received and managed all the Impositions laid on Merchandise Imported or Exported from this City which are so considerable that of all the Customs of England divided into three parts the Port of London pays Two thirds that is above 330000 l. yearly In this Office there are employed many persons of great ability and worth Collectors Customers Comptrollers Surveyors Registers whereof some have Salaries of 500 l. yearly besides many perquisites The House where this great Office was kept being destroyed by the late Fire is now rebuilt in a very much more magnificent uniform and commodious manner by the King and will cost His Majesty 10000 l. the building There are at present within this City of London divers other very considerable Offices whereof take the account following Of the Office of Post-Master General THe Profits of the said Office are setled by Act of Parliament on his Royal Highness the Duke of York but His Majesty doth constitute His Post-Master General by Letters Patents under the Great Seal of England and accordingly hath conferred that Office upon the Right Honorable Henry Lord Arlington His Principal Secretary of State The present Post-Master General keepeth one Grand or General Office in the City of London from whence Letters and Pacquets are dispatched Every Monday to France Italy Spain Flanders Germany Sweden Danemark c and to Kent Every Tuesday to the United Netherlands Germany c. And to all parts of England Scotland and Ireland Every Wednesday to Kent onely and the Downs Every Thursday to France Spain Italy and all parts of England and Scotland Every Friday to the Spanish and United Netherlands Germany Sweden Danemark and to Kent Every Saturday to all parts of England Scotland and Ireland And the Answers of the said Letters and Pacquets are received in the said Office in due Course And from thence dispersed and delivered according to their respective directions with all expedition The said Office is managed by a Deputy and other Officers to the number of Seventy seven Persons who give their actual attendance respectively in the dispatch of the business Upon this Grand Office depends One hundred eighty two Deputy Post-Masters in England and Scotland most of which keep Regular Offices in their Stages and Sub Post-Masters in their Branches and also in Ireland another General Office for that Kingdom which is kept in Dublin consisting of Eighteen like Officers and Forty five Deputy Post-Masters The present Post-Master General keeps constantly for the transport of the said Letters and Pacquets Between England and France Two Pacquet-Boats Flanders Two Pacquet-Boats Holland Three Pacquet-Boats Ireland Three Pacquet-Boats And at Deal Two Pacquet-Boats for the Downs All which Officers Post-Masters Pacquet-Boats are maintained at his own proper charge And as the Master piece of all those good regulations established by the present Post-master General for the better government of the said office he hath annexed and apropriated the Market Towns of England so well to the respective Post-stages that there is no considerable Market-Town but hath an easy and certain Conveyance for the Letters thereof to and from the said grand office in the due Course of the Mailes every Post Note also that all Letters are conveyed with more expedition and less charges then in any forreign Country A Letter containing a whole sheet of Paper is conveyed 80 miles for 2 d. 2 sheets 4 d. and an ounce of Letters but 8 d. and that in so short a time by night as well as by day that every 24 hours the Post goes 120 miles and in 5 dayes an answer of a Letter may be had from a place 300 miles distant from the Writer Moreover if any Gentleman desires to ride Post to any principal Town of England Post-Horses are alwayes in readiness taking no Horse without the consent of his owner which in other Kings reigns was not duly observed and only 3 d. is demanded for every English mile and for every Stage to the Post boy 4 d. for conducting Besides this excellent convenience of conveying Letters and Men on Horseback there is of late such an admirable commodiousness both for Men and Women of better rank to travel from London to almost any great Town of England and to almost all the Villages near this great City that the like hath not been known in the World and that is by Stage Coaches wherein one may be transported to any place sheltred from foul weather and foul ways free from endamaging ones health or body by hard jogging or over violent motion and this not onely at a low price as about a shilling for every 5 miles but with such velocity and speed as that the Posts in some forreign Countryes make not more miles in a day for the Stage Coaches called flying Coaches make Forty or Fifty miles in a day as from London to Oxford or Cambridge and that in the space of Twelve hours not counting the time for Dining setting forth not too early and
now corruptly the Charter house it being heretofore a Covent of Carthusian Monks called in French des Chartreux This Colledge called also Suttons Hospital consists of a Master or Governor at present Sir Ralph Sidenham a Chaplain Doctor Thriscross a Master and Usher to instruct 44 Scholars besides fourscore decayed Gentlemen Souldiers and Merchants who have all a plentiful maintenance of Dyet Lodging Clothes and Physick c. and live altogether in a Collegiate manner with much cleanliness and neatness and the four and fourty Scholars have not onely all necessaries whilst they are here taught but if they become fit for the Universities there is allowed unto each one out of the yearly Revenues of this Colledge 20 l. yearly and duly paid for 8 years after they come to the University and to others fitter for Trades there is allowed a considerable Sum of money to bind them Apprentices There are moreover all sorts of officers expedient for such a Society as Physitian Apothecary Steward Cooks Butlers c. who have all competent Salaries This vast Revenue and Princely Foundation was the sole Gift of an ordinary Gentleman Mr. Thomas Sutton born in Lincoln-shire and 't was of such high Account as it was thought fit that by the Kings Letters Patents under the Great Seal divers persons of the highest Dignity and Quality in Church and State should alwayes be the Overseers and Regulators of this Society as the Archbishop of Canterbury the Lord Keeper Lord Treasurer and 13 others Besides there are in London divers endowed Schools which in France would be stiled Colledges as Paul's School foundded 1512. by John Collet Doctor of Divinity and Dean of Pauls for 153 Children to be taught there gratis for which purpose he appointed a Master a Sub-master or Usher and a Chaplain with large stipends for ever committing the oversight thereof to the Masters Wardens and Assistants of the Mercers in London for his father Henry Collet sometime Lord Mayor of London was of the Mercers Company This famous School was also lately burnt down and now is reedified in a far more magnificent commodious and beautiful manner the worthy Master thereof is Mr. Samuel Crumholm alias Cromlum There are in London divers other endowed Schools as Merchant-Taylors Mercers-Chappel c. a particular Account whereof the designed Brevity of this Treatise will not admit It would also make this Book too much swell to give an Account of the many richly endowed Hospitals Almes-houses Work-houses or Houses of Correction the many stately built Taverns Inns and Coffee Houses some whereof surpass all others in foreign parts and are worthy to be viewed by curious Travellers who may also find it worthy their pains to remarque the several spatious well-built Theaters which for variety of Scenes excellent Actors Language Designs Musick c. are hardly to be equalled Moreover they may observe the many well furnisht Markets the weekly Horse-fairs the great commodiousness of Hackney-Coaches of Sedans of Boats c. belonging to this famous City also to consider the City of Westminster and the Burrough of Southwark both which now seem to be swallowed up in London Within the Precincts of Westminster are many Magnalia several things are as remarkable as any aforementioned the antient stately Abby Church founded before the Norman Conquest by the Pious King Edward the Confessor and most richly endowed afterwards rebuilt from the ground by Henry the III. with that rare Architecture now seen wherein are the most magnificent Tombs and Monuments of our Kings and Queens and greatest Nobles of England To the East end of which is added a Chappel of King Henry the VII which for the most admirable artificial work without and within for a Monument of massy Brass most curiously wrought is scarce to be paralleld in the World This huge Fabrick stands where first was the Temple of Apollo and afterwards King Sebert the East Saxon King that first built St. Pauls aforementioned built here a Church to St. Peter Queen Elizabeth converted this Abbey into a Collegiate Church and therein placed a Dean 12 Secular Canons or Prebendaries Petty Canons and others of the Quire to the number of 30 ten Officers belonging to the Church as many servants belonging to the Collegiate Dyet two Schoolmasters 40 Scholars 12 Almes-men with plentiful maintenance for all besides Stewards Receivers Registers Collectors and other Officers the principal whereof is the high Steward of Westminster who is usually one of the prime Nobility and is at present the Lord Chamberlain The Dean is entrusted with the custody of the Regalia at the Coronation honored with a place of necessary service at all Coronations and a Commission of Peace within the City and Liberties of Westminster the Dean and Chapter invested with all manner of Jurisdiction both Ecclesiastical and Civil not onely within the City and Liberties of Westminster but within the Precincts of St. Martin le grand within the Walls of London and in some Towns of Essex exempted in the one from the Jurisdiction of the Bishop of London and in the other from that of the Archbishop of Canterbury For Ecclesiastical Causes and probate of Wills it hath a Royal Jurisdiction Dr. Richard Lloyd is Commissary from whom Appeal must be onely to the King in his High Court of Chancery who thereupon issueth out a Commission of Delegates under the Great Seal of England When the Convocation is adjourned from St. Pauls for the conveniency of being nearer to the Parliament to Westminster the Bishops first declare upon a Protestation made by the Dean there that they intend not thereby to violate that high Priviledge viz. That no Bishop or Archbishop may come there without leave of the Dean first obtained There is also a fair Publick Library free for all strangers to study both morning and afternoon alwayes in Term time Next this Church stood the Royal Palace and usual place of Residence for the Kings of England who ordinarily held their Parliaments and all their Courts of Judicature in their dwelling Houses as is done at this day at Madrid by the King of Spain and many times sate themselves in the said Courts of Judicature as they do still in their Court of Parliament A great part of this huge Palace was in the time of Henry the VIII destroyed by fire what remained hath still been employed for the use of the Lords and Commons assembled in Parliament and for the chief Courts of Judicature The great Hall where these are kept some say was built by King William Rufus others by King Richard the II. about 300 years agoe and for all dimensions is not to be equalled by any Hall in Christendom Moreover Strangers and Foreigners may take notice of the extraordinary commodiousness conveniency and situation of the present Royal Palace and usual place of Residence called Whitehall belonging heretofore to Cardinal Woolsey seated between a noble navigable River and a most delectable Park of the great Chamber there called the Banquetting-House
Council is seldom or never held without the presence of one of them at the least Their employment being of extraordinary trust and multiplicity renders them most considerable both in the eyes of the King upon whom they attend every day as occasion requires and of the Subjects also whose requests and desires are for the most part lodged in their hands to be presented to the King and always to make dispatches thereupon according to His Majesties Answers and Directions As for Forraign Affairs the Secretaries divide all the Kingdoms and Nations which have intercourse of business with the King of England into two grand Provinces whereof each Secretary taketh one to himself receiving all Letters and Addresses from and making all dispatches to the several Princes and States comprehended within his own Province But in all matters of home concern whether they relate to the Publick or to particular persons both the Secretaries do equally and indistinctly receive and dispatch whatsoever is brought to them be it for the Church the Militia or private Grants Pardons Dispensations c. They have this special Honour that if either of them be a Baron he taketh place and hath the precedence of all other persons of the same degree though otherwise by their Creation some of them might have right to precede him and a Knight in like manner if he hath no other qualification They have their several Lodgings appointed them in all the Kings Houses as well for their own Accommodation as for their Office and those that attend upon it They have also a very liberal Diet at the Kings charge or Board-wages in lieu of it To shew how considerable their place is their setled allowance from the King in Salary and Pension is little less than Two thousand pounds Sterling per annum to each of them The Secretaries and Clerks whom they imploy under them are wholly at their own choice and have no dependance upon any other power or person besides themselves They have the Custody of that Seal of the King which is properly called the Signet the use and application whereof gives denomination to an Office constantly attending the Court called the Signet Office wherein there are four Clerks who wait alternately by Months and prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The present Secretaries of State are Henry Lord Arlington whom for his eminent Services at home and abroad both in War and Peace His Majesty was pleased to advance into the place of Sir Edward Nicholas And Sir John Trevor who for his great abilities and succesful Negotiations had that Trust and Honour conferred upon him when Sir William Morice late Secretary of State was by His Majesties gracious consent permitted to retire from business Waiting on the Privy Council there are Four Clarks in Ordinary who waite by Months each one he that comes in is always a week before and a week after his Month to assist there Their Office is to read what is brought before the Council and draw up all such Orders as the King and Lords shall direct and cause them to be Registred They are these that follow Sir Richard Brown Sir Edward Walker Sir John Nicolas Sir Robert Southwel Salaries to each 250. l. besides Fees for Orders and Letters c. Beside the forenamed Officers there is a Keeper of the Records John Woolly Esq no Fee Two Keepers of the Council Chamber Fee to each 45 l. Thirty Messengers whereof Ten at a time by turns waite every Moneth Fee to each 45 l. These upon Occasion are sent by Warrant of the Lords of the Privy Council to fetch any Person under the Degree of a Baron and to keep him Prisoner in his House till farther order Attending on the Secretaries are the Clerks of the Signet or Little Seal which is always in the Custody of the Secretaries for sealing the Kings Private Letters and for all such Grants as pass His Majesties hands by Bill assigned Of these Clerks there are four Sir John Nicholas Knight of the Bath Sir Philip Warwick Knight Trumbal Esquire and Sidney Bear Esquire These have no Fee from the King but onely Dyet which at Pension is 200 l. yearly Their Office is in Whitehall they waite by Month each of them three Months in a year One of them alwayes attends the Court wheresoever it removes and by Warrant from the King or Secretaries of State or Lords of the Council prepare such Bills or Letters for the King to sign as not being matters of Law are by any Warrants directed to them to prepare In their Office all Grants either prepared by the Kings learned Council in the Law or by themselves for the Kings hand when signed are returned and there transcribed again and that transcription is carried to one of the Principal Secretaries of State and Sealed and then it is called a Signet which is directed to the Lord Privy Seal and is his Warrant for issuing out a Privy Seal upon it which is prepared by the Clerks of that Seal is sufficient for the payment of any Moneys out of the Exchequer and for several other uses but when the nature of the Grant requires the passing the Great Seal then the Privy Seal is an Authority to the Lord Keeper to pass the Great Seal as the Signet was to the Lord Privy Seal to affix that Seal to the Grant but in all three Offices viz. Signet Privy-Seal and Great-Seal the Grant is transcribed So all which passes from the King hath these several ways of being considered before perfected There are also four Clarks of the Privy Seal viz. the Lord Sandwich whose Interest for his life is in one Mr Watkins Mr Baron Master Bickerstaff and Mr. More of their Office is to be seen in Stat. 27. of Henry 8. worthy to be noted To this Office in time when the Court of Request is in being belongs the Sealing of all Commissions and other process out of that Court. Moreover depending on the Secretaries of State is an antient Office called the Paper-Office the Keeper whereof hath in his Charge all the publick Papers Writings Matters of State and Counsel all Letters Intelligences Negotiations of the Kings publick Ministers abroad and generally all the Papers and dispatches that pass through the Offices of the two Secretaries of State which are from time to time transmitted into this Office and here remain disposed by way of a Library within His Majesties Palace of Whitehall This considerable Officer hath a Fee of 160 l. per annum payable out of the Exchequer and is at present that very worthy person Joseph Williamson Doctor of Laws After the Kings most Honorable Privy Council that Primum mobile or rather that Resort or Spring may be considered the Great wheeles first moved by that Spring which are the Convocation for the Ecclesiastical Government and the Parliament for the Civil But for the better understanding of the Ecclesiastical Government it will be
expedient to premise somewhat of the Ecclesiastical persons in England IN the Government of the Church of England among the Ecclesiastical persons governing in the Englih Church is First the King of England who is as the Lawyers say Personae sacra mixta cum sacerdote The King is the supreme Bishop of England and at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical for as he hath put upon him Corona Regni as an Embleme of his King-ship and power in Temporals so hath he Stola Sacerdotis commonly called Vestis Dalmatica as a Levitical Ephod to signify his Priesthood and power in Spirituals He is Supreme Governor in all Causes Ecclesiastical as well as Civil is Patron Paramount of all Ecelesiastical Benefices in England to whom the last Appeal in Ecclesiastical Affaires are made who alone hath power to nominate persons for all Bishopricks and chief Dignities as Deaneries and some Prebends in the Church c as more at large may be seen in the First part of the Present State of England Next to the King in the Church Government are the Bishops whereof two are called Primats Metropolitans or Archbishops that is chief Bishops the one of Canterbury the other of York each of which have besides their Peculiar Dioceses a Province consisting of several Dioceses and therein by Common Law a Prerogative of proving Wills and granting Administrations where the person dying had bona notabilia that is above 5 l. in Divers Dioceses or Jurisdictions Also by Grants of several Kings they have each one certain Priviledges Liberties and immunities in their own Estates Under these two Archbishops are 26 Bishopricks whereof 22 are reckoned in the Province of Canterbury and four in the Province of York So that there are besides the two Archbishops twenty four Bishops all which have the Title of Lords by reason of their Baronies annext to their Bishopricks and have precedence of all other Barons both in Parliament and other Assemblies amongst these precedes always the Bishop of London who by antient right is accounted Dean of the Episcopal Colledg of that Province and by vertue thereof is to signify the Pleasure of his Metropolitan to all the Bishops of the Province to execute his Mandates to disperse his Missives on all emergency of affaires to precide in Convocations or Provincial Synods during the necessary absence of the Metropolitan Next to London in Parliament precedes Durham and then Winchester all the rest of the Bishops take place according to the Seniority of their Consecrations The Function of an English Bishop consists in what he may act either by his Episcopal Order or by his Episcopal Jurisdiction By his Episcopal Order he may ordain Deacons and Priests he may Dedicate Churches and burying places may administer the Rite and Ceremony of Confirmation without whom none of these things may be done The Jurisdiction of a Bishop is either Ordinary or Delegated the Ordinary is what by the Law of the Land belongs to each Bishop in his own Diocess the Delegated is what the King is pleased to confer upon him not as a Bishop but as he is a Subject and a considerable Member of the Kingdom For all Clergymen are in England as antiently among Gods own People the Jews and amongst the Primitive Christians so soon as they were under Christian Emperors judged fit to enjoy divers temporal honours and employments as First to be in the Commission of the Peace for who so proper to make and keep Peace as they whose constant duty it is to preach Peace who so fit as they whose main business and study it is to reconcile those that are at variance and therefore since His Majesties happy Restauration as well as before divers grave discreet Divines have been made Justices of Peace and thereby not only the poor Clergy-men have been protected from the oppression of their causeless enemies but many differences have been composed without any Law-sute in a more Christian and less expensive way Secondly to be of His Majesties Privy Council where frequently Cases of Conscience may arise relating to State matters that will admit neither of delay nor publication and therefore after the pattern of that excellent Christian Emperor Constantine the Great our good Kings both before and since the Reformation have always admitted some spiritual persons to their Council Tables and Closet-debates Thirdly to be employed in publick Treaties and Negotiations of Peace and this both the Ancient and Modern practice will justify that none hath been more frequently and succesfully used in such Messages then the Ambassadors of Christ Fourthly to enjoy some of the great Offices of the Crown as to be Lord Chancellor Lord Treasurer c. And it hath been observed that in the late Kings Raign when the Bishop of London was Lord Treasurer that Office was executed with as much diligence faithfulness dexterity and content to the Subject as well as to the King as ever it had been by any of his late lay-Predecessors In the ordinary Jurisdicton of a Bishop as a Bishop may be considered either the Jurisdiction it self or what is instated in him by the Law of the Land for the better execution of that Jurisdiction The Jurisdiction it self is established partly by Statute Law as to Licence Physitians Surgeons and School-Masters to unite and consolidiate small Parishes to assist the Civil Magistrates in the execution of some Statutes concerning Ecclesiastical affairs to compel the payment of Tenths and Subsidies due from the Clergy to the King Partly by Common Law as upon the Kings Writ to certify the Judges touching legitimate and illegetimate Births and Marriages to require upon the Kings Writ the burning of an obstinate Heretick also to require the Kings Writ for imprisoning the Body of one that obstinately stands excommunicated 40 dayes And partly by Common and Ecclesiastical Law together as to cause Wills of the Deceased to be proved to grant Administration of Goods of such as dye intestate to give order for the gathering and preserving of perishable Goods where none is willing to administer to cause Account to be given of Administrations to collate Benefices to grant Institutions to Benefices upon the Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the use of the Successors to defend the Franchises and Liberties of the Church to visit their particular Diocesses once in three years and therein to inquire of the Manners Carriages Delinquencies c. of Ministers of Church-wardens of the rest of the Parishoners and amongst them especially of those that profess themselves Physitians Surgeons School-masters Midwives of Wardens of Hospitals how they perform their several Duties and trusts also of all others professing Christianity and offending either against Piety as by Blasphemy Idolatry Superstition Perjury Heresie Errors against the 39 Articles Schism Conventicles absence from Divine Service unlawful abstinence
from the Sacraments or else offending against Justice as the delaying of Legacies given to the poor or pious uses Dilapidations of Buildings or Goods belonging to the Church taking of Usury beyond the rate allowed by Statute Simony Perjury c. or by offending against Sobriety as Drunkenness Incest Adultery Fornication filthy Speech tempting of any ones Chastity Clandestine Marriages as for want of thrice publishing the Banes the want of Parents consent the want of witnesses which must be above two or marrying in a private place in an undue time before Eight in the morning and after Twelve of the Clock in the day c. Now for the better executing of this Jurisdiction the Law of England hath furnished the Bishops with a power of Ecclesiastical Censures whereof some may be inflicted both upon Lay-men and Church-men as Suspension from entring into the Church or else from receiving the Sacrament or greater Excommunications c. Others may be inflicted only upon Ecclesiastical Persons as Sequestration of their Ecclesiastical Profits Suspension sometimes ab Officio sometimes à Beneficio Deprivation and Deposition which is sometimes verbal by sentence pronounced against them and sometimes real by Degradation Here note that of all these Censures Excommunication is never inflicted but only for Contumacy as when a person being duly summoned will not appear or appearing will not obey the Orders of the Bishop The solemn manner of making a Bishop in England is as followeth When any Bishops See becomes vacant the Dean and Chapter of that Cathedral giving notice thereof to the King who is Patron of all the Bishopricks in England and humbly requesting that His Majesty will give leave for them to chose another the King hereupon grants to the Dean his Congè d' Eslire which in French wherein it was antiently penned signifies leave to elect then the Dean summons a Chapter or assembly of the Prebendaries who either elect the person recommended by His Majesties Letters or shew cause to the contrary Next the Election is certified to the party Elected who doth modestly refuse it the first and second time and if he refuse it a third time then that being certifyed to His Majesty another is recommended when the Election is accepted by the party it is certifyed to the King and the Archbishop of that Province whereupon the King gives his Royal Assent under the Great Seal of England which is exhibited to the Archbishop of the Province with command to confirm and consecrate him hereto the Archbishop subscribes Fiat Confirmatio and gives Commission under his Archiepiscopal Seal to his Vicar-General to perform all the Acts required for perfecting his Confirmation The Vicar-General then in the name of the Archbishop sends forth a Citation summoning all Opposers of the said Election or Person Elected to appear at a certain time and place especially assigned to make their objections This is done by an Officer of the Arches usually at Bow Church in Cheapsid London by Proclamation three times and then affixing the said Citation on the Church door for all people to read the said Officer returns an Authentick Certificate thereof to the Archbishop and Vicar-General At the day and place assigned for the appearance of the Opposers the Vicar General sits then the Proctor for the said Dean and Chapter exhibits the Royal assent and the Commission of the Archbishop which read and accepted by the Vicar-General the Proctor exhibits the Proxy from the Dean and Chapter and then presents the Elected Bishop and returns the Citation and desires the Opposers to be publickly called three times which being done accordingly he accuseth their contumacy and for penalty thereof desires that the business may proceed which the Vicar-General in a Schedule by him read and subscribed doth order Next the Proctor giving a summary Petition wherein is deduced the whole Process of Election and Consent desires a time to be assigned to prove it which the Vicar-General admits and decrees After which the Proctor exhibits the Royal Assent with the Elected Bishops Assent and the Certificate to the Archbishop and desires a term presently to be assigned to hear final sentence which the Vicar-General decrees Then the Proctor desires that all Opposers should be again called which being thrice publickly done and none appearing nor opposing they are pronounced contumacious and a Decree made to proceed to Sentence by a Schedule read and subscribed by the said Vicar-General Then the Elect person takes the path of Supremacy Simony and Canonical Obedience Next the Judge of the Arches reads and subscribes the Sentence after which usually there is an entertainment made for the Officers and others there present which being once done at the Sign of the Nags Head in Cheapside near the said Bow Church gave occasion to our adversaries of the Romish Church to affirm that Fable that there our first Bishops after the Reformation were consecrated When a Bishop is Elected and the Election confirmed he may give Institution and do his ordinary Jurisdiction and may sit in Parliament as a Lord thereof according to Sir Ed. Coke 4. Institut p. 47. After the Confirmation then according to the Kings Mandate is the solemn Consecration of the Elected Bishop which is done by the Archbishop with the assistance of two other Bishops in manner following Upon some Sunday or Holy-day after Morning Service the Archbishop beginneth the Communion Service after a certain Prayer appointed for this occasion one of the Bishops there present readeth the Epistle 1 Tim. 3. another readeth the Gospel John 21. then after the Nicene Creed and some Sermon the Elected Bishop vested with his Rochet or Linnen Garment is by two Bishops presented to the Archbishop or some other Bishop commissioned by him sitting in his Chair who demands the Kings Mandate for the Consecration and causes it to be read then the Elect Bishop takes the Oath of Supremacy and of Canonical Obedience to the Archbishop and after divers prayers and several Interrogatories put to the Bishop and his Answers the rest of the Episcopal Habit is put upon him and after more prayers the Elect Bishop kneeleth down and the Archbishop and Bishops there present lay their hands on his head and by a certain pious grave form of words they consecrate him Afterward the Archbishop doth deliver to the Bishop Elect a Bible with an other set form of words and so all proceed to the Communion Service and having received the Sacrament and the Blessing they retire from Church to dinner which is at the charge of the Bishop Elect and is usually very splendid and magnificent the greatest the Nobility Clergy Judges Privy-Counsellors c. honouring it with their presence the expence hereof with Fees of Consecration commonly amounting to Six or Seven hundred pounds This form and manner of consecrating Bishops is accordingly to the rule laid down in the Fourth Council of Carthage about the year 470 generally received in all the Provinces of the Western Church Note that by
our Order of Consecrating Bishops it is evident that Bishops are lookt upon as a distinct Order of themselves and not only as a different degree from the rest of the Presbyters as some would have it Next goes forth a Mandate from the Archbishop to the Archdeacon of his Province to instal the Bishop Elected confirmed and consecrated Then the said Bishop is introduced into the Kings presence to do his Homage for his Temporalties or Barony by kneeling down and putting his hands between the hands of the King sitting in a Chair of State and by taking of a solemn Oath to be true and faithful to His Majesty and that he holds his Temporalties of him Lastly the new Bishop compounds for the first Fruits of his Bishoprick that is agrees for his first years profits to be paid to the King within two years or more if the King please The Translation of a Bishop from one Bishoprick to another differs onely in this from the manner of making a Bishop that there is no Consâ—câ—ation The Translation of a Bishop to be Archbishop differs only in the Commission which is directed by His Majesty to four or more Bishops to confirm him Note that the difference between an Archbishop and a Bishop is that the Archbishop with other Bishops doth consecrate a Bishop as a Bishop with other Priests doth ordain a Priest The Archbishop visits the whole Province the Bishop only his Diocess The Archbishop can convocate a Provincial Synod the Bishop only a Diocesan Synod The Archbishop is Ordinary to and hath Canonical Authority over all the Bishops of his Province as the Bishop hath over all the Priests of his Diocess Several Bishops of England having Dioceses of a large extent it was provided by Stat. 26 Henry 8. that they should have a power to nominate some to the King to be with his approbation Suffragan or Subsidiary Bishops whereof see more in the first Part of the Present State of England Of these there are none at present in the Church of England but the next to the Bishops are now the Deans of Cathedral Churches Dean Chapter Antiently Bishops did not ordinarily transact matters of moment sine consilio Presbyterorum principalium who were then called Senatores Ecclesiae and Collegues of the Bishops represented in some sort by our Cathedrals whereof the Dean and some of the Prebends are upon the Bishops summons to assist him in Ordinations in Deprivations ab Officio Beneficio in condemnation of obstinate Hereticks in the greater Excommunications and in such like weighty affairs of the Church Upon the Kings Writ of Congè d' Eslire as before mentioned the Dean and Prebendaries are to elect the Bishop of that Diocess Cathedral and Collegiate Churches are as it were Seminaries or Seed-plots whereout from time to time may be chosen fit persons to govern the Church for having left the Country and living herein a Society together they learn experience they read men they by little and little put off the familiarity of the inferiour Countrey Clergy and thereby render themselves the more fit to be set over them in Government The Dean and Prebendaries during their required residence in their Cathedral or Collegiate Churches are to keep Hospitallity upon all Festivals to read Divinity in their turns which is now turned to Sermons or set speeches in the Pulpit at due time to administer the Lords Supper to frequent the Publick Divine Service to instruct the Country Clergy and direct them how and what to preach whereby they may best profit their Auditors In a word as they excel others in dignity and are therefore stiled Prelats so by their more eminent piety and charity they are to be examples and paterns to the inferiour Clergy In every Cathedral or Bishops See there is a Dean and divers Prebendaries or Canons whose number is uncertain Deans of the old Foundations founded before the suppression of Monasteris are brought to their Dignities much like Bishops the King first sending forth his Congè d' eslire to the Chapter they electing and the King granting his Royal assent the Bishop confirms him and gives his Mandate to install him Deans of the new Foundations upon suppression of Abbyes or Prinries transformed by Henry 8. in to Dean and Chapter are by a shorter course installed by virtue of the Kings Letters Patents without either Election or Confirmation Among the Canons or Prebendaries in the old Foundations some are Canonici actu having Prebendam sedile in Choro jus suffragii in Capitulo others are Canonici in herbis as they are called having right to the next Prebend that shall become void and having already a Stall in the Quire but no Vote in the Chapter A Prebend is properly the portion which every Prebendary of a Cathedral or Collegiate Church receiveth in the right of his place for his maintenance quasi pars vel portio prebenda Next in the Government of the English Church may be reckoned Archdeacons whereof there are 60 in all England Their Office is to visit two years in three and to enquire of Reparations and Moveables belonging to Churches to reform abuses in Ecclesiastical matters and to bring the more weighty affairs before the Bâ—shop of the Diocess and therefore he is called Alter Episcopi Oculus the other being the Dean as is mentioned in the first part of the Present State Moreover the Office of an Archdeacon is upon the Bishops Mandate to induct Clerks into their Benefices and thereby to give them possession of all the Profits beloging thereto Many Archdeacons have by Prescription their Courts and Officials as Bishops have whereof more hereafter After Archdeacons are the Archipresbyteri or Rural Deans so called perhaps at first for his oversight of some Ten Parish Priests their Office is now upon orders to convocate the Clergy to signifie to them sometimes by Letters the Bishops pleasure and to give induction for the Archdeacon living afar off Next are to be considered the Priests of every particular Parish who are commonly called the Rectors unless the predial Tythes are impropriated and then they are stiled Vicars quasi vice fungentes Rectorum Their Office is to take care of all their Parishioners Souls and like good Shepherds to handle every particular Sheep apart to Catechise the ignorant reduce the straying confirm the wavering convince the obstinate reprehend the wicked confute Schismaticks reconcile differences amongst Neighbours to exercise the power of binding and loosing of souls as occasion shall offer to read duly Divine Service to Administer the holy Sacraments to visit the Sick to Marry to Bury to render publick thanks after Child-bearing to keep a Register of all Marriages Christnings and Burials that shall happen within the Parish to read the Divine Sermons or Homilies appointed by Authority and if the Bishop think fit to read or speak by heart their own conceptions in the Pulpit Lastly Deacons whose Office is to take care of the Poor Baptise Read in
the Church assist the Priest at the Lords Supper by giving the Cup only After this brief account of Ecclesiastical persons somewhat may here not unfitly be added touching those persons who though not in holy Orders yet have a peculiar Relation to the Church and are quasi semi Ecclesiastici as first Patrons of Churches who by first building of Churches or first endowing them with Lands have obtained for them and their Heirs a right of Advowson or Patronage whose office and duty is to present a fit Clerk when the Church is void to the Bishop to be by him Canonically instituted and to protect the said Church as far as he can from all wrong and in case his Clerk prove unfit for the place to give notice thereof to the Bishop Next are the Oeconomi vel Ecclesiae Guardiani the Church wardens whose Office is to see that the Church be in good repair fitly adorned and nothing wanting for Divine Service Sacrament and Sermons that the Church yard be sufficiently mounded or inclosed that there be an exact Terrier of the Glebe Lands and if any thing belonging to the Church be detained to sue for the same to observe that all Parishoners come duly to Divine Service to require the penalty for absence to enquire after to admonish and to present to the Bishop scandalous livers to collect the Charity of the Parishoners for poor Strangers to declare and to execute the orders of the Bishop to see that none presume to vent his own conceptions in the Pulpit unless he hath a special licence so to do The Churchwardens are elected every Easter Week usually by the Parson and Parishoners if they so agree if not then one by the Parson and the other by the Parishioners There are also in greater Parishes joyned with the Church wardens Testes Synodales anciently called Synods-men now corruptly called Sides-men who are to assist the Church-wardens in enquiries into the lives of inordinate livers and in presenting men at Visitations Lastly the Sacristan corruptly the Sexton or Clark who is ordinarily to be chosen by the Parson only he ought to be twenty years old or above of good life that can read write and sing his office is to serve at Church the Priest and Church-wardens In the Church of England there are as in the antient primitive times three Orders Bishops Priests and Deacons None may be admitted Deacon before the age of 23 years unless he hath a Dispensation to be admitted younger None may be made a Priest till he be completely 24 years old None may be admitted Bishop till full 30 years old The Ordination of Priests and Deacons is four times the year upon four several Sundayes in the Ember or Failing Weeks that so all the Nation may at once in their joynt Prayers to God recommend them that are to receive Ordination which is performed by a Bishop in a solemn grave devout manner thus for Deacons After Morning Prayer there is a Sermon declaring the Duty and Office of Deacons and Priests then they being decently habited are presented to the Bishop by the Archdeacon or his Deputy whom the Bishop askes if he hath made due inquiry of them and then askes the people if they know any notable impediment or crime in any one of them after follow certain godly Prayers then a Collect Epistle and Gospel but before the Gospel the Oath of Supremacy is administred to every one of them and the Bishop putteth divers godly questions to them which being answered they all kneel and he laying his hands upon them severally doth ordain them Deacons then delivers to every one of them the New Testament and gives them authority to read the same in the Church then one of them appointed by the Bishop reads the Gospel and then all with the Bishop proceed to the Communion and so are dismissed with the Blessing pronounced by the Bishop The Ordination of Priests is partly in the same manner only the Epistle and Gospel are different and after the questions and answers made the Bishop puts up a particular prayer for them and that ended he desires the Congregation to recommend them to God secretly in their prayers for doing of which there is a competent time of general silence then follows Vent Creator Spiritus in Meter to be sung then after another prayer they all kneeling the Bishop with the Priests present layeth his hands upon the head of every one severally and gives them Ordination in a grave set form of words different both from that of Bishops and that of Deacons the rest as in the ordaining of Deacons Of the Ecclesiastical Government of England and first of the Convocation FOr the Church legislative power or the making of Ecclesiastical Laws and consulting of the more weighty affairs of the Church the King by the advise of his Privy Council usually convokes a National Synod commonly called the Convocation which is summoned in manner following The King directeth his Writ to the Archbishops of each Province for summoning all Bishops Deans Arch-deacons Cathedrals and Collegiate Churches according to their best discretion and judgment assigning them the time and place in the said Writ whereupon the Archbishop of Canterbury directs his Letters to the Bishop of London as his Dean Provincial first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Archdeacons Cathedral and Collegiate Churches and all the Clergy of his Province to that place and at the day prefixt in the Writ but directeth withal that one Proctor sent for each Cathedral and Collegiate Churche and two for the body of the inferiour Clergy of each Diocess may suffice The Bishop of London accordingly directs his letters to the Bishops of every Diocess of the Province citing them in like manner to appear and to admonish the Deans and Archdeacons to appear personally and the Cathedrals Collegiate Churches and inferiour Clergy of the Diocess to send their Proctors to the place and at the day appointed also to certifie to the Archbishop the names of all so summoned by them The place where the Convocation of Clergy in the Province of Canterbury hath usually been held was St. Pauls Church in London but of later times at St. Peters in Westminster in the Chappel of Henry the Seventh where there is as in Parliament a Higher and a Lower House or a House of Lords Spiritual and a House of Commons Spiritual The Higher House of Convocation in the Province of Canterbury consists of 22 Bishops whereof the Archbishop is President sittting in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes The Lower House consists of all the Deans Archdeacons one Proctor for every Chapter and two Proctors for all the Clergy of each Diocess in all 166 persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan-Clergy The first day both houses being assembled the Higher chooseth
Moreover every Archdeacon hath his Court and Jurisdiction where smaller differences arising within his limits are pleaded Also the Dean and Chapter hath a Court and take cognizance of Causes happening in places belonging to the Cathedral Lastly there are certain peculiar Jurisdictions belonging to some certain Parishes the Inhabitants whereof are exempt sometimes from the Archdeacons Jurisdiction and sometimes from the Bishops Jurisdiction Causes belonging to Ecclesiastical Courts are Blasphemy Apostasie from Christianity Heresies Schisms Ordinations Institutions of Clerks to Benefices Celebration of Divine Service Rights of Matrimony Divorces general Bastardy Tythes Oblations Obventions Mortuaries Dilapidations Reparation of Churches Probate of Wills Administrations Simony Incests Fornications Adulteries Solicitations of Chastity Pensions Procurations Commutation of Pennance c. the cognizance whereof belongs not to the Common Law of England The Laws and Constitutions whereby the Ecclesiastical Government doth stand and the Church of England is governed are first general Canons made by general Councels also the Arbitria sanctorum Patrum the opinion of Fathers the grave Decrees of several Holy Bishops of Rome which the Kings of England from time to time have admitted Next our own Constitutions made antiently in several Provincial Synods either by the Legats Otho and Othobon sent from Rome or by several Archbishops of Canterbury all which are by 25 H. 8. of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Then the Canons made in Convocations of later times as primo Jacobi and confirmed by his Royal Authority Also some Statutes enacted by Parliament touching Ecclesiastical affairs And lastly divers Customs not written but yet in use beyond the memory of man and where these fail the Civil Law takes place The manner of Tryals by these Laws and Customs are different from the Tryals at Common Law and are briefly thus First goes forth a Citation then Bill and Answer then by Proofs Witnesses and Presumptions the matter is argued pro and con and the Canon and Civil Laws quoted then without any Jury the definitive sentence of the Judge passseth and upon that Execution And this is the manner of trying Ecclesiastical Civil Causes but Ecclesiastical criminal Causes are tryed by way of Accusation Denunciation or Inquisition The first when some one takes upon him to prove the crime the second when the Churchwardens present and are nor bound to prove because it is presumed they do it without any malice and that the crime is notorious Lastly by Inquisition when by reason of common fame inquiry is made by the Bishop ex officio suo by calling some of the neighborhood to their Oaths or the party accused to his Oath ex officio so called because the Ecclesiastical Judge doth it ex officio suo which is very antient and was usual among the Jews so Joshua to Acan Fili mi tribue gloriam c. So God himself to Adam upon his first transgression and likewise afterward to Sodom but by the prevailing faction in the long Parliament this power was extorted from the Church the want whereof is one main cause of the great libertinisme and debauchery of the Nation Now the punishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws proceed in this manner First the party delinquent is admonish'd next goes forth minor Excommunicatio whereby he is excommunicated or excluded from the Church or if not from the Church yet from the Communion of the Lords Supper is disenabled to be Plaintiff in a Law Sute c. And this commonly for stubborness shewed by not appearing in the Ecclesiastical Court upon summons or not obeying the Orders of the Court which though in smallest matters yet may be a very great crime for Res praecepta quo facilior est observatu eo praecepti violatio est gravior cum fit magis spontanea as S. Austin observes of the first sin of Adam Any command by how much the easier it may be observed by so much the more grievous is the breach thereof because it is the more voluntary besides in contempts it is not so much the violation of the Law as of the Authority which ought to be resented And herein the Church of England proceedeth no otherwise than the State of England for so odious in the eye of the common Law of Enland is the contempt thereof that not only for Felonies but even in an Action of the case in an Action of a small Debt Account or Detinue if a man will not appear and submit himself to a Tryal at Law a Process of Outlawry is grounded against him and he being once Outlawed he is out of the protection of the Law Caput gerit lupinum saith Bracton an Outlaw'd was antiently lookt upon as a Wolf lawfully to be killed by any man that should meet him as most just that he who contemned the Law and therein the King should not have benefit by the Law nor protection from the King and at this day he is to loose all his Goods and Chattels The Reader will easily pardon this digression when he considers the general cry against Excommunications at this day This power of lesser Excommunication the Bishop may delegate to any grave Priest with the Chancellour Excommunicato major is not only an exclusion from the company of Christians in Spiritual Duties but also in Temporal affairs and this commonly for Heresie Schism Perjury Incest and such grievous crimes and that it may be done with the more solemnity and terror it is to be pronounced by the Bishop himself in his proper person and being so Excommunicated a man cannot in any Civil or Ecclesiastical Court be Plaintiff or Witness And in case any man be so stubborn as to continue 40 days excommunicated the Kings Writ de excommunicato capiendo is granted forth of the Chancery against him whereupon he is cast into prison without Bail there to lie till he hath satisfied for his offence Next there is Anathematismus to be inflicted only upon an obstinate Heretick whereby he is declared a publick Enemy of God and rejected and cursed and delivered over to eternal damnation and this to be done by the Bishop also in his own person assisted by the Dean and Chapter or twelve other grave Priests Lastly there is Interdictum whereby is prohibited all Divine Offices as Christian an Burial Administration of Sacraments c. in such a Place or to such a People and if this be against a People it follows them wheresoever they go but if against a Place only then the People of that Place may go to Divine Offices elsewhere Besides these general censures of the Church which respect Church Communion there is another which toucheth the body of the Delinquent called Publick Penance when any one is compelled to confess in publick his fault and to bewail it before the whole Congregation in the Church which is done in this manner the
of Venice and as it doth the Senators of Rome at this day c. The time of sitting in Parliament is on any day in the morning or afore dinner onely it hath antienly been observed not to assemble upon some high Festival days but upon ordinary Sundays oft-times as days accounted by all Christians less solemn then divers other Festivals which are celebrated but once a year When the day prefixt by the King in his Writs of Summons is come the King usually cometh in person with his Crown on his Head and clothed with his Royal Robes declares the cause of the Summons in a short Harangue leaving the rest to the Lord Keeper who then stands behind His Majesty the Commons in the mean time standing bare at the Barr of the Lords House are afterwards in the Kings name commanded to choose them a Speaker which without the Kings Command they may not do whereupon they returning to their own House make choice of one of their own Members whom afterwards upon another day they present to the King and being approved of by His Majesty sitting in his Chair and all His Lords both Spiritual and Temporal in their Robes of Scarlet he makes a modest refusal which not allowed he petitioneth His Majesty that the Commons may have during their sitting First a free Access to his Majesty Secondly Freedom of Speech within their own House Thirdly Freedom from Arrests Before any affair be medled with all the Members of the House of Commons take the Oath of Allegiance and Supremacy in the presence of an Officer appointed by the King By that old Manuscript called Modus tenendi Parliamentum it doth appear that the House of Commons did antiently as the House of Lords at this day consist of Clergy-men as well as Lay-men there sate the Procuratores Cleri two for each Diocess representing all the Clergy-Commons of the Diocess as the Knights of the Shire doth all the Lay-Commons of the Shire for it was then judged expedient that every Freeman of England as well Clergy as Laity should in passing of all Laws touching propiety whereunto they were to be subject give their consent personally or immediately by themselves or else by some that by their Election should mediately undertake for them and the words of the Writ for summoning the Procuratores Cleri as aforesaid seem to warrant the same at this day The Power and Priviledges of both Houses of Parliament are divers and distinct one from an other The Lords House hath a power not onely in making and repealing Laws but also in tractando consilium impendendo as the words of the Writ are also in judging of Controversies judging in the arraignment of any Peer of the Realm putting men to their Oaths especially in matters of importance as the Corruption of Judges and Magistrates in Errours Illegal proceedings in other Courts in Appeals from Decrees in Chancery c. The Lords that in their Religion conform not to the Church of England may yet sit and have Suffrage in the Lords House All the Lords Spiritual and Temporal have this Priviledge That if by reason of Sickness or other business they cannot appear they may make Proxies to vote in their stead after Licence obtained by a Letter under the Kings Signet to be excused for their absence so that in every Parliament every person in England either by himself Proxy or Representative is said to be there and to have his Suffrage for making or repealing any Law The Commons have also a power in making and repealing Laws they also have their Negative Voyce for Levying of any money upon the Subject the Bill is to begin in the Commons House because from them doth arise the greater part of Moneys The Commons have the Priviledge to supplicate and propose Laws to impeach publick Delinquents even the highest Lords of the Kingdom both Spiritual and Temporal The House of Commons is the Grand Inquest of the Realm summoned from all parts to present publick grievances and Delinquents to the King and Lords to be redressed and punished by them and to this purpose the Lords sit in their Robes on the Bench covered as Judges do in other Judicatories they swear and examine Witnesses and at length pass sentence whilst the Members of the Commons House stand bare at the Bar of the Lords House produce Witnesses mannage evidence c. Note that although every Member of the Commons House is chosen to serve for one particular County City or Burrough yet he serves for the whole Kingdom and his voyce equal to any other his power absolute to consent or dissent without ever acquainting those that sent him or demanding their assent as the States General of the United Neatherlands are obliged to do in many Cases Yet are they to make that their special care to promote the Good of that County City or Borough for which they serve Although the Lords of Parliament are to bear their own charges because they represent there only themselves yet all the Commons both Lay and Clergy that is the Procuratores Cleri are to have rationabiles Expensas as the words of the Writ are that is such allowance as the King considering the Prices of all things shall judge meet to impose upon the people to pay In the 17 Edward 2. it was 10 groats for Knights and 5 groats for Burgesses but not long after it was 4 s. a day for dubbed Knights and 2 s. for all others which in those days as appears by the prices of all things was a considerable sum above 20 times more than it is now for not onely their expences were considered though that was great by reason of the sutable attendance that then every Parliament man had but also their pains their loss of time and necessary neglect of their own private affairs for the service of their Country and when the Countries Cities and Burroughs paid so dear for their expences they were wont to take care to choose such men as were best able and most diligent in the speedy dispatch of affaires by which means with some other more business in those times was dispatched in Parliament in a week then is now perhaps in ten so that the Protections for Parliament men and their Servant from Arrests were not then grievous when scarce any Parliament or Session lasted so long as one whole Term. In the Raign of Edward 3. the Parliaments sometimes sate but eight days and sometimes less as may be seen in the Records of the Tower and yet transacted several and weighty affairs of the Nation many things being prepared before hand as some think by the King and his privy Council as they are at present in Sweden and that commonly they then debated onely upon such things as the King did propose which is now done by the Convocation of the Clergy of England The afore-mentioned expences being duly paid did cause all the petty decayed Burroughs of England to become humble Suitors to the King
that they might not be obliged to send Burgesses to Parliment whereby it comes to pass that divers were unburgessed as it was in particular granted to Chipping or Market Torriton upon their petition and then the number of the Commons house being scarce half so many as at present their Debates and Bills were sooner expedited no faction among them nor distinction of parties but altogether by a blessed unanimity amongst themselves and complyance with the Lords rarely denyed any thing to the King and as rarely were denyed any thing by the King The manner of debates of passing of Bills and Acts is thus It is the practise of each House to debate not onely of what the King hath proposed but of any other matters though heretofore that hath sometimes been by their Soveraign expressy forbidden It is free for any man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is first put in Writing and call'd a Bill which being read commonly after 9 of the clock in a full Assembly it is either unanimously rejected at first or else allowed to be debated and then it is committed to a certain number of the House presently nominated and called a Committee After it hath been amended and twice read two several days in the House then it is is engrossed that is written fair in Parchment and read the third time another day and then if it be in the Lords House the Lord Keeper in the Commons House the Speaker demandeth if they will have it put to the question whether a Law or no Law if the major part be for it there is written on the Bill by the Clerk So it baillè aux Communes or So it baillè aux Seigneurs retaining still in this and some other things about making Laws the custom of our Ancestors who were generally skilled in the French tongue Note that when the Speaker finds divers Bills prepared to be put to the question he gives notice the day before that on the morrow he intends to put such Bills to the passing or third reading and desires the special attendance of all the Members Note also that if a Bill be rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usuall to shew their respect attended with 30 or 40 of the Members of the House as they come up to the Lords Bar the Member that hath the Bill making three profound reverences delivereth it to the Lord Keeper who for that purpose comes down to the Barr. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other person whose place is on the Woolsacks and by none of the Member of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into consideration if aftewards it pass that House then is written on the Bill Les Communes ont assentèz When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech onely to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same day lest the whole time should be spent by two talkative persons Also if a Bill be debating in the House no man may speak to it in one day above once If any one speak words of offence to the Kings Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily Assembles not though many times they continue sitting long in the afternoon Committees sit after dinner where it is allowed to speak and reply as oft as they please In the Lords House they give their Suffrages or Votes beginning at the Puisne or lowest Baron and so the rest Seriatim every one answering apart content or not content In the House of Commons they vote by Yea's and No's altogether and if it be doubtful whether is the greater number then the Yea's are to goe forth and the No's are to sit still because these are content with their present condition without any such addition or alteration of Laws as the other desire and some are appointed to number them but at a Committee though it be of the whole House as is sometimes the Yea's go on one side and the No's on the other whereby they may be discerned If a Bill pass in one House and being sent to the other House they demur upon it then a Conference is demanded in the Painted Chamber where certain deputed Members of each House meet the Lords sitting covered at a Table the Commons standing bare with great respect where the business is debated if they then agree not that business is nulled but if they agree then it is at last brought with all other Bills which have passed in both Houses to the King who comes again with His Crown on his Head and clothed with His Royal Robes sometimes before His Pleasure is to prorogue or dissolve them and being seated in His Chair of State and all the Lords in their Robes the Clerk of the Crown reads the Title of each Bill and as he reads the Clerk of the Parliament according to his instructions from the King who before hath maturely considered each Bill pronounceth the Royal Assent If it be a publick Bill the Answer is Le Roy le veut which gives Life and Birth to that Bill that was before but an Embrio If a private Bill the Answer is Soit fait comme il est desire If it be a publick Bill which the King likes not then the Answer is Le Roys ' avisera which is taken for an absolute denyal in a more civil way and that Bill wholly nulled So that it is as true in England in some sence as in any Monarchy in the world Quod Principi placuit legis habet vigorem Not that whatever the King of England wills becomes immediately a Law but that nothing except what the King wills hath the force of a Law Note that the King without his personal presence can by Commission granted to some of his Nobles give His Royal Assent to any Bill that requires hast If it be a Bill for Moneys given to His Majesty then the answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut which antient Ceremorny of thanking the Subject for parting with their Money some think might better
Borough of Cricklade Sir George Hungerford Kt. Sir John Earnely Kt. Borough of Great Bedwin Sir John Trevor Kt. Henry Clerk Esq Borough of Lugdersal William Ashburnham Esq Thomas Gray Esq Borough of Old Sarum Edward Nicholas Esq Sir Eliab Harvey Kt. Borough of Wooten Basset Sir Walter St. John Bar. John Pleydal Esq Borough of Marleborough John Lord Seymour Jeoffery Daniel Esq Worcester Sir John Packington Bar. Samuel Sandys Sen. Esq City of Worcester Sir Rowland Berkly Kt. Thomas Street Esq Borough of Droitwich Henry Coventry Esq Samuel Sandys Jun. Esq Borough of Evesham Sir John Hanmer Kt. Sir James Rushout Kt. Borough of Bewdly Sir Henry Herbert Kt. York Conyers Darcy Esq Sir Thomas Slingsby Kt. City of York Sir Metcalf Robinson Kt. Sir Thomas Osborn Bar. Town of Kingston upon Hull Anthony Gilby Esq Andrew Marvel Gent. Borough of Knaersborough Sir John Talbot Kt. William Stockdale Esq Borough of Scarborough Sir Phillip Munckton Esq William Thompson Esq Borough of Rippon Sir Jo. Nicholas Kt. of the Bath Thomas Burwell Dr. of Laws Borough of Richmond Sir William Killegrew Kt. Marmaduke Darcy Esq Borough of Heydon Henry Guy Esq Sir Hugh Bethel Kt. Borough of Burrowbridge Sir Rich. Malevere Kt. and Bar. Robert Long Esq Borough of Malton William Palmes Esquire Sir Thomas Gowre Kt. Borough of Thirske Sir Thomas Ingram Kt. Will. Franklin Esquire Borough of Aldborough Sir Soloman Swale Bar. Sir Francis Goodrick Kt. Borough of Beverley Michael Wharton Esquire Sir John Hotham Bar. Borough of North-Allerton Sir Gilbert Gerard Kt. and Bar. Roger Talbot Esquire Borough of Ponfract Sir John Dawney Kt. Sir William Lowther Kt. Barons of the Cinque Ports Port of Hastings Edward Waller Esquire Sir Denny Ashburnham Bar. Town of Winchelsea Francis Finch Esquire Robert Austin Gent. Town of Rye Sir John Robinson Kt. and Bar. Sir Jo. Austin Bar. Port of New Rumney Sir Charles Sidley Bar. Sir Norton Knatchbull Bar. Port of Hyth John Harvey Esquire Sir Henry wood Kt. and Bar. Port of Dover George Montague Esquire Edward Lord Hinchenbroke Port of Sandwich Jo. Strode Esquire James Thurbarne Esquire Port of Seaford Sir William Thomas Kt. and Bar. Nicholas Pelham Esquire WALES Anglesey Nicholas Bagnall Esquire Town of Bewmorris John Robinson Esquire Brecon Edward Progers Esquire Town of Brecon Sir Herbert Price Bar. Cardigan Edward Vaughan Esquire Town of Cardigan Sir Charles Cotterel Kt. Carmarthen Sir Henry Vaughan Kt. Town of Carmarthen John Lord Vaughan Knight of the Bath Carnarvon Sir Richard Wynne Bar. Town of Carnarvon William Griffith Esquire Denbigh John Wynne Esquire Town of Denbigh Sir John Salisbury Bar. Flint Sir Thomas Hanmer Bar. Town of Flint Roger Whitely Esquire Glamorgan Sir Edward Mansel Bar. Town of Cardiffe Robert Thomas Esquire Merioneth Henry Wynne Esquire Pembroke Arthur Owen Esquire Town of Haverdford-West Sir Frederick Hyde Kt. Town of Pembroke Rowland Lagherne Esquire Montgomery Andrew Newport Esquire Town of Montgomery Henry Herbert Esquire Radnor Sir Richard Lloyd Kt. Town of Radnor Sir Edward Harley Kt. of the Bath Note that some Knights and Burgesses being lately deceased others are not yet elected in their Room Of the Executive Power in Temporal Matters A Brief account of the Legislative power in Temporall affairs having been given next may be considered the Executive power in those affairs and that is generally in the King he is the Fountain of Justice he is the Fountain of Justice he is the Lord Chief Justice of England and therefore as all the Laws of England are called the Kings Laws because he is Caput Principium Finis Parliamenti by which the Laws are made and that nothing can have the Force of a Law but what he wills so all the Courts of Judicature are called the Kings Courts and all the Judges of those Courts are called the Kings Judges The highest Court of Judicature in England is the House of Lords in Parliament so that the Parliament is not only Concilium but Curia a Court of Judicature consisting as aforementioned of all the Lords Spiritual and Temporal as Judges and these assisted with the most grave and eminent Lawyers of England both in Common and Civil Law To the Judicature of this Supreme and most Honourable Court all other Courts and Persons that are Subjects of England are Subject and accountable for all Crimes not properly tryable remediable or punishable in other inferiour Courts of Justice and to this Court all last Appeals are to be made and from whose Sentence there lies no appeal but to a succeeding Parliament and this supreme Judicatory or Judicial Power lyes only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation impeach the highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence after which there can be no farther proceeding till the King informed of the whole matter gives His Royal Assent for the Execution of the said Sentence or grant His gracious Pardon In the late Long Parliament the House of Commons pretended to be also a Court of Judicature and at length usurped a most exorbitant power to the total ruine of Monarchical Government and it is worth observing by what Gradations they arrived thereto In the time of Queen Elizabeth and not before the Commons began to take upon them as saith Mr. Pryn a learned Member of that House to seclude one another for undue Elections whereas formerly the King and Lords were accounted the sole Judges of all Members of the Commons House and to have the sole power to judge of their undue Elections Returns Misdemeanors Breaches of Privileges and of all other matters concerning their Membership also for freeing any Member from Arrest or Imprisonments did wholely and solely belong to the Lords and not to the Commons unless it were by special order referred by the Lords to the House of Commons as heretofore sometimes hath been done In the time of King Charles the Martyr the Commons went farther took upon them utterly to expel out of their House some of their fellow Members as Projectors and Monopolizers although they had been duly elected After this in the same Kings time they expelled all such as adhered in Loyalty to the King next they secluded and imprisoned all such as the Officers of the late rebellious Army impeached or disliked then by the help of that Army 50 or 60 of the Members of that House expelled all the rest of their fellows and soon after voted down the King and whole House of Lords and voted themselves to be the Parliament to be the sole Legislators and the Supreme Authority of England into such a prodigious height of folly and impiety do men run when they once allow themselves to pass their due limits Of the Court of Justice called the Kings-Bench FOr the Execution of Laws after the House of Lords in Parliament the highest Court in England is the Kings
Bench so called because anciently the King sometimes there sate in person on a high Bench and his Judges on a low Bench at his Feet to whom the Judicature belongs in the absence of the King In this Court are handled the Pleas of the Crown all things that concern loss of life or member of any Subject for then the King is concerned because the Life and Limbs of the Subject belong only to the King so that the Pleas here are between the King and the Subject Here are also handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court moreover hath power to examine and correct all Errors in facto in jure of all the Judges and Justices of England in their Judgements and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and mixt except only in the Exchequer In this High Court sit commonly Four Grave Reverend Judges whereof the First is stiled the Lord Chief Justice of the Kings Bench and is created not by Patent but by a short Writ thus Johanni Keeling Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste me ipso apud Westm The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenirint salutem Sciatis quod constituimus dilectum fidelem Richardum Rainsford Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Judges and all the Officers belonging to this Court have all Salaries from the King and the chief of them have Robes and Liveries out of the great Wardrobe In this Court all young Lawyers that have been called to the Bar are allowed to plead and practice This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction of this Court is general and extendeth to all England is more uncontroulable than any other Court for the Law presumes that the King is alwayes there in person None may be Judge in this Court unless he be a Serjeant of the Degree of the Coif that is a Serjeant at Law who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after A List of the several Officers belonging to His Majesties Court of Kings-Bench LOrd Chief Justice Sir John Keeling Knight Justices are Sir Thomas Twisden Knight and Baronet Sir Richard Rainsford Knight Sir William Morton Knight Clerk of the Crown Sir Thomas Fanshaw Knight his Secondary Jasper Waterhouse Esquire Protonotary Sir Robert Henley Knight his Secondary William Livesay Esquire Marshal or Keeper of the Kings Bench Prison Stephen Mosedell Esquire Custos Brevium Justinian Paget Esquire Andrew Vivean and Francis Woodward Clerks of the Paper Office Sealer of the Writs Edward Coleman Gilbert Barrel Clark of the Rules Clerk of the Errors Henry Field George Bradford Clerk for Filing Declarations a Cryer Porter and some other inferiour Officers Then there are Filacers for the several Counties of England whose Office is in this Court to make out all Process upon original Writs as well real as personal and mixt They were lately these that follow Humphrey Ironmonger Edward Parnel James Buck Samuel Astrey Francis Greg John Hynde Thomas Stone Thomas Leach Gilbert Eveleigh Henry Ewin Joshua Langrige William Oglethorp John Philips William Osborn Rob. Hyde and Anthony Rouse The manner of Tryals in this and all other Common Law Courts in England being different from that of all other Countries and peculiar to England shall be at large described apart in a Chapter with other peculiars Of the Court of Common Pleas. THe next Court for execution of Laws is the Court of Common-Pleas so called because there are debated the usual Pleas between Subject and Subject Some say this Court as well as other Courts were at first held in the Kings House wheresoever he resided but by the Statute of Magna Charta it was ordained that this Court should not be ambulatory but be held at a certain place and that hath ever since been in Westminster-Hall None but Serjeants at Law may plead in this Court and so many of them as the King shall appoint are bound by oath to assist all that have any Cause depending in that Court This Court may grant prohibitions as the Court of the Kings Bench doth The chief Judge in this Court is called the Lord Chief Justice of the Common-Pleas or of the Common-Bench holdeth his place by Letters Patent durante bene placite and so do the other inferiour Judges of this Court whereof there are commonly three In this Court all Civil Causes Real and Personal are usually tryed according to the strict Rule of the Law Real Actions are pleadable in no other Court nor Fines levyed or Recoveries suffered but only in this Court at Westminster The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine â—s is done to the Lord Chief Justice of the other Bench also to the other Judges of this Court and to four Serjeants is allowed Fees Reward and Robes to each one In the 11th and 12th of Edward 3. there were eight Judges belonging to the Common Pleas at other times seven six and five and so in the time of Henry 6. and Edward 4. but since usually but four as at this day Before the Reign of Queen Mary these and the rest or the twelve Judges rode upon Mules and not upon Horses as they now do in great State aâ— the beginning of the Term. A List of the several Officers belonging to His Majesties Court of Common-pleas LOrd Chief Justice Sir John Vaughan Kt. Sir Thomas Tyrrel Kt. Sir John Archer Kt. Sir William Wylde Kt. and Bar. these are the present Judges of that Tribunal Then there is an Officer called Custos Brevium the first Clerk of the Court whose Office it is to receive and keep all Writs returnable in that Court to receive of the Protonotaries all the Records of Nisi Prius called Postea's He holdeth his Place by Patent from the King and hath the Gift of the second Protonotary's Place and of the Clerk of the Juries· Sir Joseph Ash hath this Office and doth execute it by his Deputy Thursby Esquire There are three Protonotaries a word compounded of Greek and Latin which with the Antients was usual and signifies the first Notaries they are chief Clerks of this Court and by their Office are to enter and inroll all Declarations Pleadings which the Filazers did formerly promiscuously do Assises Judgments and Actions to make out Judicial Writs c. These considerable Offices are in the hands of Thomas Robinson Alan Lockhart and Humphrey Wirley Esquires The Chirographer also from two Greek words signifying to acknowledge a Debt by setting ones
Sheriff of each County hath a double function first Ministerial to execute all Processes and Precepts of the Courts of Law and to make returns of the same Secondly Judicial whereby he hath authority to hold two several Courts of distinct nature the one called the Sheriffs Turn which he holdeth in several places of the County enquiring of all Criminal Offences against the Common-Law not prohibited by any Statute The other called the County Court wherein he hears and determines civil Causes of the County under 40 s. which antiently was a considerable summe so that by the great fall of the moneys now the Sheriffs authority in that part is much diminished He is said to be the life of Justice of the Law and of the County for no suit begins and no process is served but by him then no Execution of the Law but by him lastly he is the chief Conservator of the Peace in the whole County Every County being subdivided into Hundreds so called at first either for containing an hundred houses or 100 men bound to find Armes or Wapentakes so called from touching a weapon when they swore Allegiance as the manner at this day is in Sweden at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike every such Wapentake oâ— Hundred hath commonly a Bayliff a very antient Officer but now of small Authority also Officers called High Constables first ordained by the Statute of Winchester 13 Edw. 1. for conservation of Peace and view of Armour they disperse Warrants and Orders of the Justices of Peace to each Pety Constable There are also in every County two Officers called Coroners whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death and to enter the same upon Record which is matter Criminal and a plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Free holders of the County by vertue of a Writ out of the Chancery They were antiently men of estates Birth and Honour and therefore in the Reign of Edward III. a Merchant being chosen a Coroner was removed quia communis Mercator fuit whereas he ought to have been a Gentleman which have no Trades man is reckoned to be by our Laws Every County also hath an Officer called Clerk of the Mercat whose Office is to keep a Standard of all Weights and Measures exactly according with the Kings Standard kept in the Exchequer and to see that none others be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are otherwise He hath a Court and may keep and hold Plea therein Of the Civil Government of Cities EVery City of England by their Charters or Priviledges granted by several Kings is a little Common-wealth apart governed not as the Cities of France by a Nobleman or Gentleman placed there by the King but wholly by themselves they choose amongst themselves their own Governor in Cities a Mayor is chosen commonly out of 12 Aldermen In some other Coâ—porations a Bailiff is chosen out of a certain number of Burgesses They are not taxed but by their own Officers of their own Corporation every trade having some of their own alwayes of the Council to see that nothing be enacted contrary to their profit Every City by Charter from the King hath haute moyenne basse Justice a jurisdiction amongst themselves to judge in all matters criminal and civil onely with this restraint that all civil causes may be removed from their Courts to the Higher Courts at Westminster The Mayor of the City is the Kings Lieftenant and with the Aldermâ—n and Common Council as it were King Lords and Commons in Parliament can make Laws called By-Laws for the Government of the City He is for his time which is but for one year as it were a Judge to determine matters and to mitigate the Rigour of the Law The next in Government of Cities are two principal Officers called though improperly the Sheriffs who are Judges in civil causes within this City and to see all execution done whether penal or capital and should rather be called Stat-reeves or Port-reeves i. e. Urbis vel Portus Praefecti In Cities the people are generally made more industrious by Manufactures and less idleness suffered then in other places so that in some Cities children of six or seven years old are made to gain their own expences In the City of Norwich it hath of late yeares been computed and found that yearly children from 6 to 10 years of age have gained 12 thousand pounds more then what they spend and that chiefly by knitting fine Jersey Stockings The Government of Burroughs and other Towns corporate is much after the same manner In some there is a Mayor in others one or two Bailiffs who have equal power with a Mayor and Sheriffs and during their Offices they are Justices of the Peace within their Liberties and have there the same power that other Justices of the Peace have in the County For the better Government of Villages the Lord of the place hath ordinarily power to hold a Court-Baron so called because antiently such Lords were called Barons as they are still in many parts of France or else Court Baron i. e. Court of Freeholders as the Barons of Germany are called Frey herren so the Barons of the Cinque Ports in England are but the Freeholders of the Cinque Ports And this Court may be held every 3 weeks Also for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place this Officer is to keep the Peace in case of quarrels to search any house for Robbers Murdrers or others that have any way broken the peace to raise the Hue and Cry after Robbers fled away to seize upon them and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasiions either to bring crrminals before them or to carry them by their command to the common Prison Every little Village almost hath an Epitome of Monarchical Government of Civil and Ecclesiastical policy within it self which if duly maintained would render the whole Kingdome happy First for the civil Government there is the Lord of the Soyl who from the Crown immediately or mediately holds Dominium soli and is said to have in him the Royalty as if he were a little King and hath a kind of Jurisdiction over the Inhabitants of the Village hath his Court-Leetâ— or Court-Baron to which they owe suit and service and where may be tryed smaller matters happening within the Mannour Escheats upon Felonies or other accidents Custody of Infants and Lunaticks power of passing Estates and admitting of Tenants Reliefs Hariots Hunting Hawking Fishing c. under the Lord is the Constable or
conjectured by the charges of building and rigging of Ships and of one Months expences at Sea afore specified so that the English Subject need no longer wonder how their late large Contributions and Aides have been spent but rather how the Kingdomes necessary Expences should be discharged with so little Of the City of LONDON LONDON being the Epitome of England the Seat of the British Empire the Chamber of the King and the chiefest Emporium or Town of Trade in the World it will not be impertinent to give some account thereof To describe particularly all things in this City worthy to be known would take up a whole Volumn therefore according to the intended brevity of this Treatise here shall be inserted onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magnalia Londini such things as strangers and foreigners commonly count remarkable Take then a summary account of the Name Antiquity Situation Magnitude Streets Houses Number of Inhabitants Parish-Churches Cathedral Royal Exchange River Conduits Aqueducts Trade Government Publick Halls of Companies of the Tower Bridge Custom-House Publick Offices Colledges Schooles Hospitals Work-houses c. Name LONDON so called as some conjecture from Llongdin the British word signifying in the Saxon Tongue Shipton or Town of ships was built as some write 1108 years before the Birth of our Saviour that is 2778 years agoe Antiquity in the time of Samuel the Prophet and about 356 years before the building of Rome Situation In the most excellent situation of London the profound wisdom of our Ancestors is very conspicuous and admirable It is seated in a pleasant ever green valley upon a gentle rising Bank in an excellent Aire in a wholesome soyl mixt with gravel and sand upon the famous Navigable River Thames at a place where it is cast into a Crescent that so each part of the City might enjoy the benefit of the River and yet not be far distant one from the other about 60 miles from the Sea not so near that it might be in danger of Surprisal by the Fleets of Forreign Enemies or be annoyed by the boysterous Winds and unwholesome Vapours of the Sea yet not so far but that by the help of the Tide every twelve hours all the Commodities that the Sea or World can afford may by ships of great burden be brought into her very bosome nor yet so far but that it may injoy the milder warmer Vapours of the Eastern Southern and Western Seas yet so far up in the Country as it might also easily partake even of all the Country commodities in an excellent air upon the North side of the River for the Villages seated on the South-side are noted to be unhealthy in regard of the Vapours drawn upon them by the Sun burroughed by gentle hills from the North and South Winds it lies in 51 Degree 34 Minutes Latitude The High-ways leading from all parts to this Noble City are large straight smooth and fair no Mountains nor Rocks no Marshes nor Lakes to hinder Carriages and Passengers so that as Corn may easily be brought and Cattel commodiously driven unto it by Land so those heavy though necessary Commodâ—ties Hay and Fuel are more cheaply conveyed by water in a word all the blessings of Land and Sea near about and by the benefit of shipping all the blessings of the Terrestrial Globe may be said to be here injoyed above any City of the world Magnitude The City of LONDON with its Suburbs and places adjacent is of a vast extention From Lime House measured to the end of Tothill or Tuttle street from East to West is above 7500 Geometrical paces that is above 7 English Miles and a half and from the farther end of Blackmanstreet in Southwark to the end of St. Leonard Shoreditch is 2500 paces or two Miles and a half Streets In this great City the streets lanes and allyes as they are called are in number above 500 and yet some of them above half a measured mile in length Dwelling houses before the late dreadful Fire were computed onely within the Walls above fifteen thousand and that was accounted but a fifth part of the whole City as may be judged by the weekly Bills of Mortality Houses The Buildings especially of late years are generally very fair and stately but within the City the spacious Houses of Noble men rich Merchants the Halls of Companies the fair Taverns are hidden to strangers by reason that they are generally built backward that so the whole room towards the street might be reserved for Tradesmen shops If they had been all built toward the street as in other Countries no Forreign City would even in this particular much surpass London Yet if a Stranger shall view Lincolns-Inne fields Southampton Buildings Covent Garden St. James Fields Hatton-Garden Cheapside Lumbard street Canon street Fleet street c. He must confess that for fair Piazza's or open Places for stately uniform buildings for spatious streight streets there is scarce the parallel in Europe Number of Inhabitants That the Reader may the better guess at the number of Inhabitants or humane Souls within this great City he must know that in one year there were computed to be eaten in London when it was less by one fourth part 67500 Beefs ten times as many Sheep besides abundance of Calves Lambs Swine all sorts of Poultry Fowl Fish Roots Milk c. Also that communibus annis to supply London with Newcastle Coal there is brought into the River of Thames two hundred and seventy thousand Chaldron and every Chaldron is 36 Bushels Again the number of Inhabitants may be guessed at by the Burials and Births in London which in ordinary years when there is no Pestilence amount of late to Twenty thousand in a year three times more then in Amsterdam and but one 20th part less then in Paris as may be seen by the Bills of these three Cities As also by the quantity of Beer drank in London in a year which to all Forreigners will be incredible for in the year 1667 according to exact computation there was brewed within that year in London four hundred fifty two thousand five hundred sixty three Barrels of strong Beer sold at 12 s. 6 d. the Barrel and five hundred and eighty thousand four hundred twenty one Barrels of Ale sold at 16 s. the Barrel and four hundred eighty nine thousand seven hundred ninety seven Barrels of Table Beer or small Beer sold at 6 s 6 d. the Barrel The Beer strong and small is 36 Gallons to the Barrel and the Ale 32 Gallons to the Barrel and now since the Pestilence and the Fire that this City is again fully peopled there is much more Liquor brewed It is true that some heâ—eof is transported beyond the Sea but that is scarce considerable Besides all this Beer and Ale there is consumed in London a vast quantity of French and Spanish wines much Rhenish-wine Sider Coffee Chocolatte Brandy and other Drinks The Excise
only of Beer and Ale for the City of London though it be a very moderate Imposition is farmed or rented of the King at above one hundred and twenty thousand pounds a year and about one fourth part of all that Excise throughout England Churches Parish Churches besides Chappels there were in all 130. that is double the Number of Churches parochial to be found in any City of Christendom the Mother Church whereof is dedicated to the memory of Saint Paul the only Cathedral of that Name in Europe and founded by Sebert a Saxon King about the year 610. in a place where had stood a Temple dedicated to Diana and afterward enlarged by Erkenwald the 4 th Saxon Bishop thereof and that old Fabrick being almost destroyed by Fire Mauritius another Bishop of London in One thousand eighty three began and finished a great part of the present magnificent Pile in the space of 20 years but the Quire and Tower were not finished till 1221 and then it was dedicated in a most solemn manner as was the Temple of Solomon the King the Bishops and a vast number from all Parts of the Nation assisting thereat It is seated on the highest part of all the City and was more conspicuous perhaps then any Cathedral Church in the World it was a structure for length height and antiquity surpassing all other Churches the length thereof was 690 Foot therein excelling by 20 foot St. Peters in Rome which for beauty proportion and divers other things excels all other Temples it was in height 102 foot and in breadth 130. The Church was built as other Cathedrals in a perfect Cross and in the midst of the Cross upon mighty high Arches was a Tower of Stone 260 foot high and on that a spire of Timber covered with Lead in height 260 foot more in all from the ground 520 foot above which was a â—ole of Copper Gilt of 9 foot in compass whereon stood the Cross 15 foot and a half high and almost 6 foot a cross made of oak covered with Lead and another cover of Copper over the Lead above all stood the Eagle or Cock of Copper Gilt four foot long and the breadth over the Wings 3 foot and a half In the year 1561. a part of this magnificent Pile was much wasted and the rest endangered by a fire begun in that stately Timber Spire by the negligence of a Plummer who left his Pan of Fire there whilest he went to Dinner as he confest of later years on his Death Bed But by the great Bounty and Piety of Queen Elizabeth of the Citizens of London and of all the Clergy of the Province of Canterbury it was again repaired in the space of Five years After which the Stone work decaying apace by reason of the corroding quality of the abundance of Sea-coal smoak the Learned and Pious Doctor Laud coming to be Bishop of London and after of Canterbury was so zealous and vigorous for upholding this most Ancient Church and Stately Monument of England and glory of the City of London that by the Kings favor and liberal contribution of Godly People maugre all opposition of the Puritans the work was so eagerly pursued that before the year 1640. the whole Body was finished with Portland Stone excellent against all smoak and weather and the Tower scaffolded up to the top with a purpose to take it all down and to rebuild it more fair and of a greater height with a stately Pinnacle at each corner because the Arches were not thought strong enough to support another Steeple and to place in that Tower the biggest and most tunable Bells in the World For performance whereof and for adorning the Church there was in the Chamber of London above One hundred and seventy thousand pounds all taken out soon after and employed in an Unnatural War by a stiff necked People against the best of Kings in which one single act a great part of the Citizens of London and of the Long Parliament became deeply guilty of a horrid Rebellion and detestable Sacriledge After the Murder or rather Martyrdom of the forementioned Archbishop the Skaffolds were taken away and sold with some of the Lead which covered this famous Structure and this House of God made a Stable for Horses by the Disloyal Army and almost all suffered to decay till the Restauration of the King who having a pious intent to set upon the repair thereof again it was all ruined by the late dreadful Conflagration in 1666. Which yet hath not so discouraged our gracious King and the rest of our Church Governors but that in a short time they intend to begin again the repair of the Mother Church of the Mother City of this Kingdom to the glory of God and high honor of this City and Nation for the speedy promoting whereof both King and Parliament City and Countrey Clergy and Laity high and low seem to stand engaged to lend their aid and assistance Of the forementioned Fire that was able to destroy such a vast solid Structure as the Cathedral of S. Paul a brief account may here be acceptable especially to Foreigners who have had imperfect relations thereof THe City of LONDON within the Walls was seated upon near Four hundred and sixty Acres of Ground whereon was built about Fifteen thousand Houses besides Churches Chappels Halls Colledges Schools and other Publick Buildings whereof about Four parts of five were utterly devoured in the late dismal Conflagration and about One part of five of the whole City and Suburbs counting therein Westminster and Southwark There were then destroyed Eighty seven Parochial Churches Six Consecrated Chappels all the Principal Publick Edifices as the forenamed Cathedral of S. Paul the great Guild-Hall wherein are held Nine several Courts belonging to the City the Royal Exchange the Custome-House most Halls of Companies c. whereof the whole damage is almost incredible In that one commodity of Books onely wherewith London abounded was lost as Judicious Stationers have computed One hundred and fifty thousand pounds for the loss fell most upon that and Three or four other cumbersome commodities not easie on a sudden to be removed viz. Wines Tobacco Sugars and Plumbs wherewith this City was furnished beyond any City in the World Yet in this vast Incendy not above Six or eight persons were burnt Of this dreadful Fire there were many concurrent occasions First The Drunkenness or Supine negligence of the Baker in whose House it began or of his Men. Next The dead time of the night wherein it began viz. between One and two of the Clock after Midnight when some were wearied with working others filled with drink all in a dead sleep Thirdly The dead time of the week being Saturday night when Traders were retired to their Countrey Houses and none but Children or Young Servants left behind Fourthly The dead time of all the year being then the long Vacation on the Second of September when Tradesmen were generally abroad
Corporations and are so many Bodies Politique Of these there are 12 called the chief Companies and he that is chosen Lord Mayor must be free of one of these Companies which are 1 Mercers 2. Grocers 3. Drapers 4. Fishmongers 5. Goldsmiths 6. Skinners 7. Merchant-Taylors 8. Haberdashers 9. Salters 10. Ironmongers 11. Vintners 12. Clothworkers All which Companies have Assembly places called Halls which are so many Basilikes or Palaces and many of them worthy to be viewed by all Strangers It hath been the custom of some of our Kings to honour some of these Companies by taking their freedom thereof and the present King was pleased to be made free of the Company of Grocers and the present Prince of Orenge lately chose to be made free of the Company of Drapers There are besides near 60 other Companies or Corporations all enjoying large Priviledges by the Kings Gracious Charter granted unto them and fair Halls to meet in For the security and defence of this famous City and River there have been antiently divers Fortresses but that called the Tower of London hath been eminent above all others It is not only a Fort or Cittadel to defend and command both City and River but a Royal Palace where our Kings with their Courts have sometimes lodged a Royal Arsenal where are Arms and Ammunition for 60000 Soldiers the Treasury for the Jewels and Ornaments of the English Crown the only Mint for coyning of Gold and Silver the great Archive where are conserved all the Records of the Court of Westminster the chief Prison for the safe custody of great Persons that are Criminal in short if the great extent thereof within the Walls be considered and its authority over the several Hamlets without and the many high Priviledges and Liberties belonging thereto it may rather be reputed a City then a Cittadel The Tower of London is out of all County or Parish only a small part some hold to be in Middlesex is a liberty of it self exempt from all Taxes to the King to the Church or to the Poor It hath a Parochial Church exempt ftom all Ecclesiastical Jurisdiction of the Archbishop and is a Donative bestowed by the King without Institution or Induction There are Thirteen Hamlets in several Parishes of large extent belonging to the Tower whose Trainbands are all bound to assist the Constable or Lieftenant of the Tower they are all called the Kings Company are to wait on the Kings person in time of need and to go no farther than the King Within the Tower is kept the Office of Master of the Ordnance called in France le grand Mastre de l' Artillerie so called ab arte telorum mittendorum and hath been alwayes an Office of great Account and Importance commonly conferred on persons of great eminency and integrity It hath the ordering of that grand Magazin there lodged wherein and at the Minories Woolwich and Chatham is Ammunition at all times for as many Land and Sea forces as may not onely defend England but be formidable to all our Neighbours The place of Master of the Ordnance is since the death of that accomplished Gentleman Sir William Compton executed by Commissioners viz. by the Lord John Berkley now Lord Lieutenant of Ireland Sir John Duncomb Knight and Thomas Chichely Esquire Lieutenant of the Ordnance is David Walter Esquire and Groom of his Majesties Bed-chamber and the Pay-master is Captain George Wharton Surveyor is Jonas More Esquire Keeper of the Stores is Richard March Esquire Clerk of the Ordnance is Richard Sherborn Esquire Clerk of the Deliveries is George Clerk Esquire Under which several Officers there are many Officers and Servants for brevity sake to be passed over The forementioned Commissioners have the charge and superintendence of all the Ordnance Arms offensive Ammunition of War by Sea and Land The Lieutenant of the Ordnance is Treasurer doth receive and disburse all moneys touching this Office The Surveyor of the Ordnance doth supervise all Arms. Clerk of the Ordnance is to record all Orders touching that Office Keeper of the Stores is to have the custody of all the Arms offensive Clerk of the Deliveries takes Indentures for all Stores issued out All these hold by Patent immediately from the King All Inferior Officers and Artificers places are in the gift of the Master or Commissioners of the Ordnance Moreover in the Tower is kept the office of Warden of the Mint where onely of later times is minted all the Bullion that is minted in England The Warden of the Mint is a very considerable charge and is at present Sir Anthony St. Leger Master Worker is Henry Slingsby Esquire Comptroller is James Hore Esquire These hold by Patent of the King Assay-Master to try the pureness of the Mettal is Mr. John Brittle Surveyor of the Meltings and Clerk of the Irons is Mr. Thomas Swallow There is moreover a Weigher a Teller and a Graver all which five last named Officers hold also by Patent from the King but are to be approved by the three first Commissioned Officers in whose custody is all Money or Bullion brought in by the Subject There are besides many other Inferior Officers and Servants belonging to the Mint The office of His Majesties Records kept in the Tower of London is of venerable Antiquity and the place of Keeper and Deputy of the same dignified with special trust whereof Sir Algernon May Knight is at present the Keeper salary 500 l. per annum and William Ryley Esquire of the Inner Temple is Deputy thereof This place is properly in the Master of the Ro'ls his gift and then His Majesty by His Letters Patents hath usually confirmed it As the Chappel of the Rolls in Chancery-lane and Petty-Bag office doth fill with Records out of other Offices they are transmitted into the Tower after some years for it hath been the wisdom and care of former Ages to send the Records of several Courts to the Tower for their preservation and safety not onely as a Policy of State but the particular Interest of all Men having Estates requiring it there being many precedents for it remaining in the Records of the Tower and a particular Form of a Writ to send the Records in the Chappel of the Rolls to the Tower of London The Records of the Tower amongst other things contain the Foundations of Abbeys and other Religious Houses and the Records in the Rolls contain the dissolution of those Abbeys and the donation of the Lands of which many Families are now possest and if those Records were all in one place the people might have access unto them all under one and the same search and charge which would be a great ease and benefit to the people and a safety to the Records of this Nation Besides these Records at the Rolls being joyned to those in the Tower will make a perfect continuance of all the Ancient Rights of the English Nation which are now set forth in the Records of the Tower whereof these
following are a few heads or particulars of them viz. The Leagues of foreign Princes and the Treaties with them And all the Atchievements of this Nation in France and other Foreign Parts The Original of all the Laws that have been Enacted or Recorded until the Reign oi Richard the Third The Homage and Dependency of Scotland upon England The Establishment of Ireland in Laws and Dominions The Dominion of the British Seas totally excluding both the French and Hollander to Fish therein without Licence from England proved by Records before the Conquest The Interest of the Isle of Man and the Isles of Jersey Gernsey Sark and Alderny which four last are the remaining part of the Norman possession The Title to the Realm of France and how obtained And all that the Kings or Princes of this Land have until that time done abroad or granted or confirmed unto their Subjects at home or abroad Tenures of all the Lands in England Extents or Surveys of Mannors and Lands Inquisitions post mortem being of infinite advantage upon tryals of Interest or Descent Liberties and Priviledges granted to Cities and Towns Corporate or to private Men as Court-Leets Waiffs Estrays Mercats Fairs Free warren Felons Goods or what else could come to the Crown or pass out of it Several Writs Pleadings and Proceedings as well in Chancery as in all the Courts of Common Law and Exchequer Inspeximus's and Inrolments of Charters and Deeds made and done before the Conquest Deeds and Contracts between party and party and the just establishment of all the Offices in the Nation The Metes and Bounds of all the Forests in England with the several respective Rights of the Inhabitants therein to Common of Pasture c. Besides many other Priviledges and Evidences which are too long to be here repeated or inserted And are therefore in the Petition of the Commons of England in Parliament An. 46 Edw. 3. num 43. said to be the perpetual Evidence of every Mans right and the Records of this Nation without which no story of the Nation can be written or proved These Records are reposited within a certain Place or Tower called Wakefield Tower adjoyning to the Bloody Tower near Traytors Gate There is another place called Julius Caesars Chappel in the White Tower The going up to this Chappel is in Gold Harbor Eighty four Steps up with Six or eight great Pillars on each side and at the upper end thereof there was a Marble Altar which in the late times of Rebellion was caused to be beaten down as a Monument of Tyranny and Superstition There are many Cart load of Records lying in this place out of which William Prynne Esquire late Keeper of the same with indefatigable labor Collected and Printed many of Publick Utility Annis 1659 1660 1662 1664. in Four several Volumes beginning Primo Regis Johannis for before that time there are no Rolls but onely Chartae Antiquae or Ancient Transcripts made and done before and since the Conquest until the beginning of King John Then follows His Son Henry the Third where the first Offices Post Mortem begins Then there is Edward the First Second and Third Richard the Second Henry the Fourth Henry the Fifth Henry the Sixth and Edward the Fourth and the Inquisitions Post Mortem of Richard the Third who reigned onely Three years The Rolls of that King are in the Chappel of the Rolls in Chancery Lane The Rolls in the Tower are variously distinguished viz. Rotuli Patentium Cartarum Parliamentorum Clausarum finium Scotiae Vasconiae Franciae Hiberniae Walliae Normanniae Alemanniae Oblatae Liberatae Extractae Perambulationes Forestae Scutag Rotul Marescal Romae de Treugis Chart. Patent fact in partibus transmarinis Patent de Domibus Judaeorum Protection de Perdonation c. Stapulae cum multis aliis which are lately depicted upon the outside of every Press in the Repository belonging to each Kings Reign and very easily to be brought forth for the use of the Client By a Table of Orders hanging up in the said Office and subscribed by the Keeper hereof The same is to be kept open and constantly attended for all Resorters thereto from the hours of Seven till eleven of the Clock in the Morning and from One till five in the Afternoon every day of the week except in the Moneths of December January and February and in them from Eight till eleven in the morning and from One to four in the Afternoon except on Holidays Publick Fasting and Thanksgiving days and times of great Pestilence The Governor of this great and important Fortress being called The Lieutenant of the Tower is usually a Person of great worth and fidelity who is Virtute Officii to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex He is High Steward of a Court there held hath a Deputy and may refuse an Habeas Corpus may give Protection to all Debtors belonging to the Tower Infra Regnum Angliae Hath the Priviledge to take Unam lagenam Two Gallons and a Pint Antâ— malum retro of all Wine Ships that come and to be as some hold Custos Rotulorum of the County of Middlesex His Salary is 200 l. per annum His usual Fee for every Prisoner sent to the Tower who are commonly Men of Estates is 20 l. and 3 l a week for an Esquire and 5 l. for a Knight For a Baron or above 50 l. at entrance to whom the King allows weekly 10 l. whereof two parts go to the Prisoner the third to the Lieutenant for Lodgings and Diet and 50 l. to the Lieutenant upon the Prisoners discharge The present Lieutenant of the Tower is Sir John Robinson Baronet The Gentleman Porter of the Tower holds his place by Patent and at the entrance of a Prisoner hath for his Fee Vestimenta superiora or else a Composition for the same The Gentleman Jaylor is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman and 5 l. of a Knight Then there are Forty Warders of the Tower accounted the Kings Domestick Servants and sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Check The Moneys allowed by the King to the several Officers and Servants in the Tower and for keeping in repair that huge structure amounts to a vast sum Near the Tower is S. Katherines which hath a Royal Jurisdiction for the Ecclesiastical Causes and Probate of Wills and belongeth to the Queen Dr. Bud is Commissary from whom if any will appeal it must be to the King in His Court of Chancery who thereupon issueth out a Commission under the Great Seal as in Appeals from the Arches or Prerogative The next thing remarkable in the City of London may be the Bridge which for admirable Workmanship for vastness of Foundation for all Dimensions and for the solid stately Houses and rich Shops built thereon surpasseth all others in Europe it hath Nineteen
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
that ground being but a Lease the present Fellows of this Colledge have purchased with their own Moneys a fair piece of Ground in Warwick-lane whereon they are now raising a sutable Edifice Of this Colledge there is a President Four Censors and Eight Elects who are all Principal Members of the Society and out of whom one is every year chosen to preside The Four Censors of the Colledge have by their Charter authority to survey correct and govern all Physitians or others that shall practise in London or within seven miles of the same to fine amerce and imprison any of them as they shall see cause Here followeth a List of all the Principal Physitians who now practise in London Socii Colleg. Med. Lond. SIr George Ent President Dr. Hamey Dr. Glisson Dr. Salmon Dr. Stane Censor Sir Alexander Frasier Dr. Micklethwait Dr. Paget Dr. Timothy Clark Dr. Goddard Censor Dr. King Dr. Cox Dr. Stanley Dr. Whistler Sir Charles Scarborough Dr. Wharton Dr. Merret Censor Dr. Samuel Collins Dr. Rugeley Sir William Petty Dr. Terne Sir John Babor Sir Edward Greaves Dr. Croyden Censor Dr. Bevoir Dr. Wolfe Dr. Luellen Sir John Finch Dr. Banes Dr. Walter Dr. Burwell Dr. Rogers Dr. Mills Dr. Lang. Dr. Betts Dr. Twisden Dr. Waldron Dr. Barwick Dr. Dacres Dr. Samuel Collins Dr. Collier Dr. James Clark Dr. Jasper Needham Dr. Henry Clark Dr. Carr. Dr. Packer Candidati Dr. Stracey Dr. Yerbury Dr. Allen. Dr. Hodges Dr. Millington Dr. Parker Dr. Jo. Smith Dr. Lawson Dr. Coysh Dr. Bruce Dr. Brooks Dr. Howarth Dr. George Smith Sir Thomas Bathurst Dr. Francklin Dr. Atfield Dr. Downes Dr. Trevor Dr. Croone Dr. Browne Dr. Burwell Dr. Short Dr. Marshall Socii Honorarii Dr. Frear Dr. Parker Dr. Gourdon Dr. Denton Sir John Colladon Dr. Meara Dr. Lampriere Dr. Bowle Dr. Bacon Sir Richard Napier Sir John Hinton Dr. Colestone Dr. Charleton Dr. Dawtrey Dr. Deodait Dr. Fogarsius Dr. Hames Dr. Jo. Skinner Dr. Timme Dr. Warner Dr. Harris Dr. Argall Dr. Arris Dr. Langham Dr. Meverell Dr. Stanley Sir Theodore de Veaux Dr. Witherley Dr. Titchborne Dr. Woodcock Dr. King Dr. Tayler Dr. Bright Dr. Moore Dr. Cursellis Dr. Walgrave Dr. Ball. Dr. Duke Dr. Harrison Dr. Man Dr. Barebone Dr. Napier Dr. Gelsthorpe Dr. Griffith Dr. Walter Needham Dr. Moesler Dr. Carter Dr. Trapham Dr. Henry Glisson Dr. Charleton Dr. John Clark Dr. Cavendish Dr. Dennis Gourden Dr. Bridgood Dr. Yardley Dr. Browne Dr. Paman Dr. Fisher Dr. Grinder Dr. Lawrence Dr Willis Dr. Dickenson Dr. Fielding Dr. Medford Dr. Grey Dr. Sagittary Dr. White Dr. Waterhouse Permissi Dr. Wedderburn Dr. Trist. Dr. Lenthall Dr. Barrough Dr. Broome Dr. Welman Dr. Vermuden Dr. Sydenham Antiently the usual Fee of a Doctor was 20 s. and of one that had not taken that degree 10 s. at present there is no certain rule But some that are eminent have received in Fees yearly 2 or 3000 l. and purchase great Estates which in other Countreys is very rare Besides the worthy persons mentioned in the List above there are divers Physitians that have good practice in London although they never had any Licence which is connived at by the Colledge and so is the too much practise of Empericks Mountebanks Pretended Chymists Apothecaries Surgeons Wise-women c. In which piece of folly the English surpass all the Nations of Christendom And yet by the Law of England if one who is no Physitian or Surgeon or not expresly allowed to practise shall take upon him a Cure and his Patient die under his hands this is Felony in the person presuming so to do Of the Colledge of Heralds NOt far from the Colledge of Doctors Commons stood the Colledge of Heralds that is of such as are to be Messengers of War and Peace that are skilful in Descents Pedigrees and Coats or Armories an Ancient House built by Thomas Stanley Earl of Derby who married the Mother of King Henry the Seventh and bestowed by Queen Mary on the Kings Heralds and Pursuivants at Arms for ever to the end that they and their Successors might dwell together if they so pleased and assemble confer and agree for the good Government of their Faculty and that their Records might there safely be preserved c. They were made a Colledge or Corporation by Charter of King Richard the Third and by him had several Priviledges granted unto them as to be free from Subsidies Tolls and all troublesome Offices of the Kingdom Afterwards another Charter of Priviledges was granted unto this Society by King Edward the Sixth in the third year of His Reign Of this Collegiate Society are first three stiled Reges Armorum Anglorum Kings at Arms six called Heralds and four Pursuivants at Arms. Amongst the Kings at Arms the first and principal is called Garter instituted by King Henry the Fifth whose office is to attend the Knights of the Garter at their Solemnities and to Marshal the Solemnities at the Funerals of all the higher Nobility of England to advertise those that are chosen of their new Election to call on them to be installed at Windsor to cause their Arms to be hung up upon their Seats there to carry the Garter to Kings and Princes beyond the Seas for which purpose he was wont to be joyned in Commission with some Principal Peer of the Realm c. The next is Clarencieux so called from the Duke of Clarence to whom he first belonged for Lionel Third Son to Edward the Third marrying the daughter and heir of the Earl of Ulster in Ireland had with her the Honor of Clare in the County of Twomond whereupon he was afterwards created Duke of Clarence or the Territory about Clare which Dukedom escheating to King Edward the Fourth by the death of His Brother George Duke of Clarence He made this Herald who properly belonged to that Duke a King at Arms and named him Clarentieux in French and Clarentius in Latin His Office is to marshal and dispose the Funerals of all the lower Nobility as Baronets Knights Esquires and Gentlemen on the South-side of Trent and therefore sometimes called Surroy or Southroy The third King at Arms is Norroy or Northroy whose Office is to do the like on all the North-side of Trent The two last are called Provincial Heralds England being by them divided into two Provinces These by Charter have power to visit Noblemens Families to set down their Pedigrees to distinguish their Arms to appoint Men their Arms or Ensigns and with Garter to direct the Heralds The Six Heralds anciently belonging properly to Dukes have been sometimes named Dukes at Arms and are thus called and ranked First Windsor secondly Richmond thirdly Chester fourthly Somerset fifthly York sixthly Lancaster Whose Office was anciently to attend Dukes in Marshal Executions Now they are to wait at Court attend Publick Solemnities Proclaim War and Peace c. thence perhaps named Heralds from two German words Here and Healt that is the Armies Champion to denounce War or offer Peace
as the Feciales of the Romans did and from hence probably Seven Danish Kings and some Kings of Norway and of Sweden and some of England before the Conquest have had the name of Harold which is all one saith Verstegan with Herald These have no certain Province under them but by turns wait upon the Kings at Arms and have part of their Fees Of these Heralds in England there were anciently many and so likewise of Pursuivants whereof at present there are but four thus named Rouge Cross Rouge Dragon Portcullice and Blewmantle from such Badges heretofore worn by them as it is thought The service of these and of the Heralds and of the whole Colledge is used in marshalling and ordering Coronations Marriages Christnings Funerals Interviews Feasts of Kings and Princes Cavalcades Shews Justs Tournaments Combats before the Constable and Marshal c. Also they take care of the Coats of Arms of the Genealogies of the Nobility and Gentry briefly whatsoever concerns Honor is their care and study they are Tanquam Sacrorum Custodes Templi Honoris Aeditui All these receive Annual Stipends out of the Kings Exchequer They are all to be Gentlemen at the least and the Six Heralds are expresly made Esquires by the King when they are created Heralds Anciently the Kings at Arms were Created and solemnly Crowned by the Kings of England themselves and the Heralds and Pursuivants had their Creations from the Kings hand but of later times the Earl Marshal hath had a special Commission for every particular Creation and to do all that before was done by the King For the Creating and Crowning of Garter King at Arms there are first to be provided a Sword and a Book whereon to take a Solemn Oath then a Gilt Crown a Coller of S's a Bowl of Wine which Bowl is the Fee of the new created King also a Coat of Arms of Velvet richly embroidered His Creation is on this manner first he kneels down before the Earl Marshal and laying his hand on the Book and Sword another King at Armes reads the Oath which being taken and the Book and Sword kissed next are read the Letters Patents of his Office during which the Earl Marshal powres the Wine on his head and gives him the Name of Garter then puts on him the Coat of Armes and Collar of S's and the Crown on his head The Oath is to obey first the Supream head of the most noble Order of the Garter and then the Noble Knights of that Order in such things as belong to his Office to inquire diligently of all the Noble and notable Acts of every Knight of this Order and thereof to certify the Register of that Order that he may record the same and to give notice to the King and the Knights of the Order of the death of any of that Society to have an exact knowledge of all the Nobility to instruct Heralds and Pursuivants in doubts concerning the Office of Arms to eschew and avoid all persons of ill reputation to be more ready to excuse then to blame any noble person unless called by Authority to witness against them c. This Officer hath a double Salary double to the two other Kings and hath moreover Fees at the Instalments yearly wages given by the Knights of the Garter hath the uppermost Garment at their Installments c. The two Provincial Kings at Armes Clarentius and Norroy are created by Letters Patents a Book a Sword c. as Garter and with almost the same Ceremonies A Herald at Armes is also created with the like Ceremony onely his Coat of Armes must be Sattin embroidered and enricht with gold and must be brought in with two Heralds as the Kings at Arms are by two Kings at Armes They take a solemn Oath to be true to the King to be serviceable to Gentlemen to keep secrets of Knights Esquires Ladies and Gentlewomen to assist distressed Gentlemen and Gentlewomen Widows and Virgins to avoid Taverns Dicing and Whore-houses c. Pursuivants at Armes are created also by Letters Patents a Book a Bowl of Wine and a Coat of Arms of Damask and to be brought in as the Heralds before the Earl Marshal or his Deputy and to swear in solemn manner to be true to the King to be serviceable to all Christians to be secret and sober to be more ready to commend then to blame to be humble lowly c. This Office since the late dreadful fire is held in the Queens Court at Westminster where are some always waiting to satisfy comers touching Descents Pedigrees Coates of Armes c. as was formerly done at the forementioned house up in London which is now begun to be rebuilt by the Members of the Colledge and it is hoped may in a short time by the bountiful Contributions of all men that have any sence of Honour remaining be compleated to the glory of this City and Kingdom All of this Colledge being the Kings sworn servants the Reader may find a List of their Names in the First Part about the Kings Court. Within the Walls of London also is seated a Colledge built by the forementioned worthy person Sir Thomas Gresham and indowed in manner following After he had built the Royal Exchange he gave the Revenue thereof the one Moity to the Mayor and Commonalty of London and their Successors and the other moity to the Company of Mercers in trust that the Mayor and Aldermen should find in all time to come four able persons to read within this Colledge Divinity Geometry Astronomy and Musick and to allow to each of them besides their fair lodging 50 l. a year And that the Company of Mercers should find Three more able men to read Civil Law Physick and Rhetorick and to allow to each one of them besides fair Lodgings 50 l. a year And that these several Lecturers should read in Term time every day in the week except Sundayes aforenoon in Latin and afternoon the same in English The Musick Lecture to be read onely in English There is also within London another called Sion Colledge founded by Thomas White Doctor in Divinity for the use of the Clergy of London and of the Liberties thereof and a part thereof to be for 20 poor people to perform all which he gave 3000 l. and for the maintenance of those poor he setled 120 l a year for ever and 40 l. a year for a Sermon in Latin at the beginning of every quarter and a plentiful Dinner for all the Clergy that shall then meet there In this Colledge is a fair spacious Library built by John Sympson Rector of Saint Olaves Hart street and one of the said Doctor Whites Executors and by the bounty of divers Benefactors this Library hath been well furnished with Books chiefly such as are useful for Divines This Colledge felt the rage of the late Fire but is almost repaired again A little without the Walls stands another Colledge or Collegiate House called antiently the Chartreuse
among the learned is very considerable saith of one Colledge of Oxford in his time what might be said of some others there and in Cambridge Non credo in orbe terrarum extra Angliam simile esse addam aut fuisse Magnae illic opes vectigalia c. Verbo vis dicam Unum Oxoniense Collegium rem inquisivi superat vel decem nostra The whole number of Students in Oxford that partake of the Revenues of the Colledges are about One thousand and of other Students about twice as many There were anciently in this University before the founding of Colledges Two hundred Hospitia Studiosorum Inns Hostels or Halls and as Armachanus Writes there were Thirty thousand Students and Twenty miles round Oxford were by the Kings of England set apart for Provision in Victuals for this City The Discipline of these Colledges and Halls is far more exact and excellent then in any Foreign University First All that intend to take any Degree are to take their Dyet and Lodging and have a Tutor constantly in some Colledge or Hall then they are to perform all Exercises to be subject to all Statutes and to the Head of the House Next they are to be subject to the cheif Magistrate of the University to perform Publick Exercise and to be subject to the Publick Statutes thereof They are to suffer themselves to be shut up by night in their several Houses They are never to be seen abroad out of their Chambers much less out of their Colledges without their Caps and Gowns an excellent order no where observed in Foreign Parts but in Spain Their Gowns are all to be black onely the Sons of the higher Nobility are herein indulged and all Doctors are honored with Purple or rather Scarlet Robes which anciently were allowed onely to Emperors or Kings but now in England besides the King all Peers in Parliament all Doctors in the Universities all Majors and Governors of Cities and all the Principal Judges are at certain times cloathed in Scarlet The Degrees taken in the University are onely two viz. Of Bachelar and Master for so they are anciently called as well in Divinity Law and Physick as in the Arts. At present the Degrees in those Three Professions are called Bachelars and Doctors onely in the Arts Bachelar and Master Yet is it not to be supposed That because in Musick one of the Liberal Arts he that takes the second Degree is usually now stiled a Doctor therefore to be preferred before a Master of Arts who is Doctor of all the Liberal Arts yet Men otherwise Learned have sometimes committed such Errors by their Ignorance in words and names Every year at the Act or time of compleating the Degree of Master both in the Three Professions and Arts which is always the Monday after the Sixth of July there are unless some extraordinary occasion hinders great Solemnities not onely for Publick Exercises but Feastings Comedies and a mighty concourse of Strangers from all parts to their Friends and Relations then compleating their Degrees whereby and by the set Fees it usually costs a Doctor of Divinity Law or Physick about One hundred pounds sterling and a Master of Arts 20 or 30 l. sterling In these Three Professions and in the Arts there proceed Masters or Doctors yearly about One hundred and fifty and every Lent about Two hundred Bachelars of Arts. The time required by Statute for studying in the University before the taking of the forementioned Degrees because it is much longer then what is required in any Foreign University shall here be set down more particularly To take the Degree of Bachelar in Arts is required four years and three years more for to be Master of Arts. To take the Degree of Doctor of Divinity the Student must necessarily first have taken the Degree of Master of Arts and then after seven years more he is capable of being Bachelar in Divinity and then four years more is requisite before the Degree of Doctor can be had To take the Degree of Doctor of Laws the more ordinary way is in three years after Master of Arts one may be capable of the Degree of Bachelar and in four years more of Doctor of Laws the like for Doctor in Physick The Exercises required for taking these Degrees are many and difficult enough yet not such but that may be performed in less time by any Men of good abilities But it was the Wisdom of our Ancestors so to order that before those degrees were conferred upon any and they allowed to practice they might first gain Judgment and Discretion which comes with Time and Years and perhaps that those of slower parts might by Time and Industry make themselves capable of that Honor as well as those of quicker abilities To speak now particularly of the Publick Schools in Oxford of the large Salary to each Publick Professor of the most famous Bodlean Library that for number of choice Books curious Manuscripts diversity of Languages liberty of Studying facility of finding of any Book equals if not surpasses the famous Vatican To speak of the curious Architecture and vast charges of the New Theater fabricked by the most ingenious Dr. Christopher Wren at the sole cost and charges of the most Reverend Father in God Gilbert the present Archbishop of Canterbury for the use of Scholastick Exercises and of that most excellent Printing Press there To speak of the beautiful solid Stone Buildings Chappels Halls Libraries large Revenues admirable Discipline of several Colledges To describe the most delightful Publick Physick Garden abounding with variety of choice Plants and surrounded with stately Stone Walls at the sole expences of the Right Honorable Henry Earl of Danby would require another Volume What hath been said of Oxford the like may be said of Her Sister Cambridge which for Antiquity Beautiful Colledges large Revenues good Discipline number of Students plenty of Diet and of all other things necessary for advancement of Learning if in complaisance she will at any time give place to Oxford yet at the same time will challenge precedence before any other University of the Christian World These are the two glorious Fountains of Learning to the fame whereof Foreigners come on Pilgrimage to offer up Honor and Admiration and yet even these had lately been like to be dried up by the over-heated Zeal of some ignorant Fanaticks These are the cheifest Store-houses of Lettered Men which sends forth yearly a great number of Divines Civilians Physitians c. to serve all parts of this Kingdom To supply these great Store-houses there are in several parts of England Grammar Schools whereof the principal are Pauls Westminster Winchester Eaton Merchant-Taylers the Charter-house all richly endowed to maintain Masters Ushers and a certain number of Scholars so that a childe once admitted into these Schools if he become capable may at length be preferred to be Scholar or Fellow in some Colledge of one of these Universities and will want little or no assistance