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
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
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
be spared because it intimates a distinct interest between the King and His Subjects which is not onely false but very dangerous to be allowed of The King is Pater patriae the Money given to him is for our use and benefit if we are niggardly to him we injure ourselves c. The Bill for the Kings general Pardon hath but one reading in either House for this reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same reason When the Bill for the general Pardon is passed by the King the Answer is thus les Prelats Signeurs communes en ce Parlament assemblez au nom de tous vos autres sujets remercient tres humblement vostre Majeste prient Dieu vous donner en sante bonne vie longue All Acts of Parliament before the Reign of Henry 7. were passed and enrolled in French now in Engliâ—h Most of our antient Acts of Parliament run in this stile The King at the humble request of the Commons with the assent of the Prelates Dukes Earles and Barons hath ordained or enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth enact of later times it hath been thus Be it enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and of the Commons although the words of the Writ for summoning the Commons which ought to be the main rule is onely ad Consentiendum and not ad Consilium impendendum as it is in the Writ to the Lords and it is evident that the Commons in the late long Parliament made that an advantage for justifying their usurpations against the King in that point and so in another Parliament the Commons endeavoured to maintain that the Concurrence of the Lords was not always necessary in an Act of Parliament because 1 Edward 6. cap. 5. in passing that Act against transportation of Horses the Lords were casually omitted yet by the Register of the Lords House it appears that that Bill began first in the Lords House and there passed before the Commons took it in debate and therefore the Kings Council at Law is very curious in wording rightly all Acts before they are brought to the King and the Clerks of the Parliament as carefull in transcribing and registring them However it is to be wished that to prevent future mischief to this Nation some clauses in the late Act of Oblivion and Indemnity might be amended or at least explained and more especially about the beginning of that Act these words That all manner of Treasons c. since January 1637. and before June 1660. by vertue of any Authority from His late Majesty King Charles or His Majesty that now is be pardoned c. which words might possibly be foisted in designedly to insinuate as if according to that most absurd and Traiterous position of some of the Rebellious Members of the Long Parliament the Kings person or any commissionated by him could be guilty of Treason against the Kings Authority or against His two Houses of Parliament by pursuing of Rebels to bring them to Justice according to the Laws of the Land It were also to be desired that to prevent the great dishonour of making additional and explanatory Acts of Parliament so frequently as hath of late been done all considerable Bills of Publick concernment once read in either House of Parliament may before they be passed be exposed to the view of all comers as antiently among the Romans was usual to the end that any other person besides those of the two Houses may within the space of certain days freely propose in Writing or otherwise his exceptions additions alterations or amendments Sed haec obiter When those things for which the Parliament was summoned have been sufficiently treated and brought to a conclusion then the King doth usually adjourn prorogue or dissolve the Parliament in maner following The adjournments are usually made in the Lords House by the Lord Keeper in the Kings Name to what other day the King pleaseth and also to what other place if he think fit to remove them as sometimes hath been done and then all things already debated and read in one or both Houses continue to the next meeting in the same state they were in before the adjournment and so may be resumed In the like maner the Parliament is Prorogued but by a Prorogation there is a Session and then the Bills that were almost ready in both Houses for the Royal Assent not having it must at the reassembling of the Parliament begin anew The Speaker of the House of Commons upon notice given that it is the Kings pleasure that House shall also adjourn doth say with the assent of the House This House is adjourned When the Kings pleasure is to prorogue or dissolve the Parliament His Majesty commonly cometh in person with His Crown on his Head sendeth for all the House of Commons to come to the Bar of the Lords House and after the Kings answer to each Bill signified as aforementioned His Majesty usually makes a Solemn Speech the Lord Keeper another and the Speaker of the House of Commons a third then the Lord Keeper by the special command of the King doth pronounce the Parliament prorogued or dissolved Note That the King being head of the Parliament if his death doth happen during the sitting of the Parliament it is ipso facto dissolved Antiently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intended that every one hath notice by his representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside The Number of Persons that have have Place and Suffrage in both Houses To the Lords House belong 3 Dukes of the Royal Blood though one be infra aetatem 7 other Dukes 3 Marquises 56 Earls 9 Vicounts and 67 Barons in all 154. Then there are two Archbishops and 24 Bishops so that the Total is 180. But many being under age some sick and infirm others abroad in the Kings Service the ordinary number is about 100. To the House of Commons belong first for the 40 Shires of England two for each in all 80 Knights then one for each of the twelve Counties of Wales 12 Knights For 25 Cities in England two to each and London four in all 52 Citizens For the Cinque Ports 16 Barons for the two Universities two Burgesses for each For 168 Burroughs there are about 330 Burgesses for some few of those Burroughs send but one Burgess apiece Lastly in each of the 12 Counties of Wales there is one Burrough that sends only one Burgess so the total Number of the House of
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
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
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
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
of a Sergeant is altered his long Robe and Cap his Hood and Coif are the same but there is besides a Cloak put over him and closed on his right shoulder and instead of a Caputium lined with Lambskin now a Caputium lined with Minever or de Minuto vario divers small pieces of white rich Furre Note that to the two Sergeants Innes belong the Twelve Judges and about Twenty six Sergeants Antiently the Fee expected by a Sergeant from his Client for Advice given at his Chamber or for pleading in any Court of Judicature was no more then Twenty shillings and the Fee of a Barister Ten shillings which yet is much more then is usually given in any of our neighbour Nations at this day but at present it is become almost ordinary to give some Setgeants Ten pound and sometimes Twenty pound and to a Barister half as much at the hearing of any considerable Cause whereby it comes to pass that some Lawyers in one year gain in Fees Three thousand pounds and some Four thousand pounds and in few years purchase Estates fit for Lords and sometimes live to see themselves advanced to be Peers of the Realm as the late Lord Keepers Coventry Finch and others Now all these forementioned Innes or Colledges for the Students in our Common law being not far distant one from another do make the most famous Profession of the Law that is in the World and it will be a very difficult thing to find in any one Forreign University so many Students of the Law that are of that ripe age past Childhood and of that high quality most Gentlemen and a considerable number of the Sons of the higher Nobility Of the Colledge of Civilians called Doctors Commons ALthough Degrees in the Civil Law may be had onely in Oxford and Cambridge and the Theory best there to be acquired yet the Practice thereof is most of all in London where a Colledge was long since purchased by Dr. Henry Harvey Dean of the Arches for the Professors of the Civil Law in this City and where commonly did reside the Judge of the Arches the Judge of the Admiralty and the Judge of the Prerogative Court with divers other eminent Civilians who there living for Diet and Lodging in a Collegiate manner and Commoning together it was usually known by the name of Doctors Commons and stood near S. Pauls in the Parish of S. Bennets Pauls-Wharf which being consumed by the late dreadful Fire they now all reside at Exeter House in the Strand in the same manner until their House be rebuilt and keep there their several Courts and Pleadings every Term which begins and ends almost at the same time with the Term at Westminster The cheif Court of the Archbishop is that of the Arches whereof see more in the Chapter of the Ecclesiastical Government of England The Principal Official or Judge of this Court is stiled Dean of the Arches and is at present Sir Giles Sweit Knight Doctor of Laws He fitteth alone without any Assessors and heareth and determineth all Causes without any Jury of Twelve Men as is necessary in Common Law Courts To this Court belongeth an Actuary a Register and a Beadle The Office of the Actuary is to attend the Court set down the Judges Decrees Register the Acts of the Court and send them in Books to the Registry This Office is enjoyed by John Clements Batchelor of Laws and Publick Notary The Register of the Court is another of the same name whose Office is by himself or Deputy to attend the Court receive all Libels or Bills Allegations and Exhibets examines all Witnesses Files all Sentences and keeps the Records of the Court. The Beadle attends the Court carrieth a Mace before the Judge and calls the Persons cited to appear Those that are allowed to be Advocates and plead in this Court are all to be Doctors of the Civil Law in one of our English Universities who upon their Petition to the Archbishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court upon condition not to practice for one whole year after such admittance The manner of their Admittance is thus The Two Senior Advocates in their Scarlet Robes with the Mace before them conduct him up to the Court with three low Reverences and present him with a short Latin Speech and the Rescript of the Archbishop Then the Oaths of Allegiance Supremacy and some other prescribed in the Statute of the Arches being taken he is admitted by the Judge and a place or seat in the Court assigned unto him which he is always to keep when he pleads The Judge and all the Advocates in this Court always wear their Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Minever Fur if of Cambridge and all round Black Velvet-Caps Here followeth a Catalogue of the Names of all the Advocates according to Seniority not Precedence DOctor Martin Dr. Heath Dr. King Chancellor of Ely Dr. Lewen Knight Master of Chancery Dr. Aldern Chancellor of Rochester Dr. Wiseman Knight Kings Advocate Dr. Chaworth Knight Vicar-General to the Archbishop of Canterbury Dr. Walker Knight Advocate to the Lord High Admiral Dr. Pepys Dr. Mills Chancellor of Norwich Dr. Crusoe Dr. Baldwin Knight Master of Chancery and Chancellor of Worcester and Hereford Dr. Nicholson Chancellor of Glocester Dr. Lowen Dr. Wake Chancellor of Peterborough Dr. Watkinson Dr. Birkenhead Knight Master of Request and Master of the Faculties Dr. Warren Dr. Bud Commissary of Huntingdon Dr. Alworth Chancellor of Oxford Dr. Jones Dr. Exton Chancellor of London Dr. Hughs Dr. Lloyd Commissary of Westminster Dr. Boucher Dr. Masters Chancellor of Exeter Dr. Clark Professor of Law in Cambridge Dr. Leighton Knight Dr. Digby Dr. Low Dr. Trumbal Dr. Falconbridge Dr. Pinfold Official of the Archdeacon of London Dr. Elliot Chancellor of Salisbury Dr. Raims Dr. Briggs Chancellor of Chichester Dr. Oldys Dr. Meal There we divers other Civilians whereof some not Advocates of this Court are Chancellors to Bishops or Commissaries as Sir Mundiford Brampstone Knight Doctor of Laws and Chancellor of Winchester Dr. Burrel Chancellor of Durham Sir Edward Lake Knight Doctor of Laws and Chancellot of Lincoln Dr. Dean Chancellor of Bath and Wells Dr. Wainwright Chancellor of Chester Dr. Jones Chancellor of Bristol Chancellor of Carlisle Rowland Nicols B. D. Mr. Awbery Chancellor of S. Davids Dr. Pennington Chancellor of Bangor Dr. Powell Chancellor of S. Asaph Here note That before the Vicar-General or Chancellors of the Bishops are Tryable all Ecclesiastical Causes within their respective Diocesses except Letters of Request are granted by the Diocesan Bishop to the Party to sue in the Court of Arches which is ordinary Note also That the Vicars-Generals and Chancellors are appointed by the respective Archbishops and Bishops by Letters Patents under their Seals and confirmed by the Dean and Chapter of the respective Cathedrals before which Confirmation those places are Durante bene
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