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

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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 3●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 Pl●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 ●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
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 ●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
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
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 ●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 a● 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
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
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 U●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 Lie●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