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
Delinquent is to stand in the Church Porch upon some Sunday bare head and feet in a white Sheet and a white Rod in his Hand there bewailing himself and beging every one that passes by to pray for him then to enter the Church falling down and kissing the ground then in the middle of the Church placed in a higher place in the sight of all the People and over against the Minister who declares the foulness of his crime odious to God and scandalous to the Congregation that God can no way be satisfied but by applying Christs sufferings nor the Congregation but by an humble acknowledging of his sin and testifying his sincere repentance and sorrow not in words only but with tears and promising there in the sight of God and his Holy Angels that by Gods assistance and by Prayer Meditation and daily works of Piety he will endeavor hereafter more carefully to watch against the temptations of the world the allurements of the flesh and the snares of the Devil which being done and the Priest in Christs name pronouncing the remission of sins the penitent humbly beseeches the Congregation to pardon him that great scandal against them and receive him into their holy Communion and to account him again a Member of their Church and in testimony hereof out of their Christian Charity to vouchsafe to say with him aloud the Lords Prayer And this way of the Church of England appears by divers Writers to be the antient way used by the Primitive Churches Note that it is ordained by the Canons of the Church of England that in case the crime be not notorious and publick the forenamed penance may at the parties request be commuted into a pecuniary Mulct for the poor of the Parish or some Pious uses provided that for the Reformation of the Delinquent that way appear to be the more probable way for some men will be thereby reclaimed who by publication of their offence would become more impudent and hardned when they perceive their reputation to be lost There remains one more punishment or Ecclesiastical censure which toucheth the body and that is denyal of Christian burial which is inflicted not in poenam mortuorum but in terrorem viventium who naturally desire that after their death their bodies may be decently interred And Christian burial is wont to be denyed by the Church of England to persons dying excommunicate to perjured persons to such as are hanged for Felony or that wilfully kill themselves and to Apostates Hereticks and Extortioners To these forenamed Censures and Punishments both Laity and Clergy are subject but besides these there are punishments whereunto the Clergy only are lyable as first Suspensio ab Officio when a Minister for a time is declared unfit to execute the Office of a Minister Then Suspensio a Beneficio when a Minister for a time is deprived of the profits of his Benefice and these two Censures are wont to be for smaller crimes Thirdly Deprivatio a Beneficio when for a greater crime a Minister is wholly and for ever deprived of his Living And fourthly Deprivatio ab Officio when a Minister is wholly and for ever deprived of his Orders and this is called Depositio or Degradatio and is commonly for some heynous crime meriting death and is performed by the Bishop in a solemn manner pulling off from the Criminal his Vestments and other Ensignes of his Order and this in the presence of the Civil Magistrate to whom he is then delivered to be punished as a Lay man for the like offence And herein Bishops are to take special care to behave themselves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not as lording over Gods Heritage not as absolute Masters over Servants to gain by their punishments but as Fathers over Children for their amendment and as being Ministers in Spiritual affairs to use their power for the good of Christians and to conduct that power by moderation Of the Parliament of England and therein of the Person summoning the manner of the summons the persons summoned their priviledges the place and manner of Sitting the passing of Bills in either House the passing of Acts of Parliament of Adjourning Proroguing and Dissolving of Parliaments A Brief Account of the Ecclesiastical Government having been given next follows the Civil Government towards which the first great wheel that moves is the Parliament of England Before the Conquest the Great Council of the King consisting only of the Great men of the Kingdom was called Magnatum Conventus or else Praelatorum Procerumque Concilium and by the Saxons in their own Tongue Micel Gemot the Great Assembly after the Conquest it was called by the French word Parlementum from Parler to talk together still consisting only of the Great men of the Nation until the Reign of H. 3. The Commons also were called to sit in Parliament for the first Writs sent forth to summon them bears date 49. H. 3. about 400 years agoe None but the King hath authority to summon a Parliament In the Kings absence out of the Realm the Custos Regni in the Kings name doth summon a Parliament and during the Kings minority within the Realm the Protector Regni doth the same No Parliament can begin without the Kings Presence either in Person or by Representation by Commissioners When the King of England is with his Parliament in time of peace he is then said to be in the height of his Royal Dignity as well as when he is at the head of his Army in time of War There is then scarce any thing that the King cannot do his power cannot be confined for Causes or Persons within any bounds He can with the concurrence of his Lords and Commons legitimate one that is born illegitimate bastardize one that is born legitimate that is to say one begotten in Adultery the Husband being then within the four Seas He can make an Infant of full age make an Alien or Forreigner an Englishman can attaint a man of Treason when he is dead when he is no more a man c. A Parliament is summoned in manner following About 40 days before the Parliament doth assemble the King issues out his Writ cum Advisamento Concilii sui and the Warrant is per ipsum Regem Concilium The Kings Writ which is a short Letter or Epistle is directed and sent to every particular person of the Lords Spiritual and Temporal commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to appear at a certain time and place to Treat and give their Advice in some certain important affairs concerning the Church and State c. Other Writs are sent to the High Sheriff of each County to summon the people to elect two Knights for each County two Citizens for each City and one or two Burgesses for each Burrough according to Statute Charter or Customs In these Elections antiently all the people had their Votes and most Votes carried it
but for avoiding of tumults and trouble it was enacted by H. VI. that none should have any suffrage in the election of Knights of the Shire but such as were Freeholders did reside in the County and had yearly Revenue 40 s. which till the discovery of the Gold and Silver in America was as much as 30 or 40 l. now whence it came to pass that the Lay-Commons were then elected as the Clergy-Commons the Procuratores Cleri were and ever have been viz. sine Prece sine Pretio sine Poculo c. The persons elected for each County are to be Milites Notabiles or at least Esquires or Gentlemen fit to be made Knights as it is in the Statutes of H. VI. They ought to be de discretioribus Militibus ad laborandum potentioribus as the words in some Writs have been they ought not to be of younger years for then it would be Juvenaâ—us si sic loqui liceat potiús quam Senatus not lazy Epicures but men of years vigorous active and abstemious men that will be content to give their constant attendance in Parliament or else to enjoy neither Priviledge nor Expences allowed to every Member of the Commons House They ought to be native English men or at least such as have been Naturalized by Act of of Parliament No Alien or Denizon none of the Twelve Judges no Sheriff of a County no Ecclesiastical person that hath cure of souls may be chosen a Parliament man to serve for any County City or Burrough Two things are said to be requisite to the legality of sitting in Parliament first that a man should be of full age that is 21 years old at the least for if no man under that age can dispose of his Estate nor make one legal Act to that purpose then much less may he bear any part in the supreme power of the Nation to Judge Vote or Dispose of the Estate of the whole Realm yet the practice in the House of Commons though never in the House of Lords hath sometimes been otherwise All Members of Parliament both Lords and Commons that they may attend the publick Service of their Countrey are priviledged with their menial Servants attending on their persons together with all their necessary Goods brought along with them from all Attachments and Imprisonments for Debts Trespasses Account or Covenant all the time that they are on the way to the place of Parliament all the time they are at Parliament and all the time they are on the way home again Eundo Morando ad propria redeundo for so were the old words but they are not priviledged from Arrests for Treason Felony or breach of the peace The place of meeting for the High and Honourable Assembly is in whatsoever City Town or House the King pleaseth but of latter times it hath been usually held at the Kings antient Palace and usual Residence at Westminster all the Lords in a fair Room by themselves and the Commons not far from them in another fair Room which was heretofore the antient free Chappel of S. Stephen The manner of sitting in the Lords House is thus The King as oft as he comes which hath usually been only at the opening of Parliaments or at the passing of Bills or at some solemn debates as the present King hath frequently done is placed at the upper end of the room in a Chair of State under a Cloth of State under which on either hand none but the Kings Children On the Kings right hand is a seat antiently for the King of Scotland when he was summoned to Parliament as he sometimes was in side legiantia but now it is for the Prince of Wales On the Kings left hand is a Seat for the Duke of York On the Kings right hand and next the wall are placed on a Form the two Archbishops next below on another Form the Bishops of London Durham and Winchester all the rest of the Bishops sit according to the priority of their Consecration On the Kings left hand upon Forms are placed the Lords Chancellor Treasurer President of the Kings Council and Lord Privy Seal if they are Barons above all Dukes except those of the Royal Family if they are not Barons then they sit uppermost on the Woolsacks On the same side sit the Dukes Marquisses and Earls according to their Creations Upon the first Form a cross the House below the Woolsacks sit the Viscounts and upon the next Forms the Barons all in Order The Lord Chancellor or Keeper if the King be present stands behind the Cloth of Estate otherwise sits on the first Woolsack thwart the Chair of State his Great Seal and Mace by him He is Lord Speaker of the Lords House Upon other Woolsacks sit the Judges the Privy Counsellors and Secretaries of State the Kings Council at Law the Masters of Chancery Thâ—se being not Barons have no suffrage in Parliament onely sit to give their advice when it is required The reason why these Sages are placed upon Woolsacks may probably be to mind them of the great importance of Wooll and Sheep to the Nation that it-never be neglected On the lowermost Woolsack are placed the Clerk of the Crown now Henry Barker Esquire and Clerk of the Parliament at present John Brown Esquire whereof the former is concerned in all Writs of Parliament and Pardons in Parliament the other recordeth all things done in Parliament and keepeth the Records of the same This Clerk hath also two Clerks under him who kneel behind the same Woolsack and write thereon Without the Bar of the Lords House sits the Kings first Gentleman Usher called the Black Rod from a black sttaff he carries in his hand under whom is a Yeoman Usher that waits at the door within a Cryer without and a Sergeant at Mace always attending the Lord Keeper When the King is present with his Crown on his head none of the Lords are covered The Judges stand till the King gives them leave to sit When the King is absent the Lords at their entrance do reverence to the Chair of State as is or should be done by all that enter into the Kings Presence-Chamber The Judges then may sit but may not be covered till the Chancellor or Keeper signify unto them the leave of the Lords The Kings Council and Masters of Chancery sit also but may not be covered at all The Commons in their House sit promiscuously onely the Speaker hath a Chair placed in the middle and the Clerk of that House near him at the Table They never had any Robes as the Lords ever had but wear every one what he fancieth most which to strangers seems very unbecoming the Gravity and Authority of the Great Council of England and that during their attendance on Parliament a Robe or grave vestment would as well become the Honourable Members of the House of Commons as it doth all the Noble Venetians both young and old who have right to sit in the Great Council
of Venice and as it doth the Senators of Rome at this day c. The time of sitting in Parliament is on any day in the morning or afore dinner onely it hath antienly been observed not to assemble upon some high Festival days but upon ordinary Sundays oft-times as days accounted by all Christians less solemn then divers other Festivals which are celebrated but once a year When the day prefixt by the King in his Writs of Summons is come the King usually cometh in person with his Crown on his Head and clothed with his Royal Robes declares the cause of the Summons in a short Harangue leaving the rest to the Lord Keeper who then stands behind His Majesty the Commons in the mean time standing bare at the Barr of the Lords House are afterwards in the Kings name commanded to choose them a Speaker which without the Kings Command they may not do whereupon they returning to their own House make choice of one of their own Members whom afterwards upon another day they present to the King and being approved of by His Majesty sitting in his Chair and all His Lords both Spiritual and Temporal in their Robes of Scarlet he makes a modest refusal which not allowed he petitioneth His Majesty that the Commons may have during their sitting First a free Access to his Majesty Secondly Freedom of Speech within their own House Thirdly Freedom from Arrests Before any affair be medled with all the Members of the House of Commons take the Oath of Allegiance and Supremacy in the presence of an Officer appointed by the King By that old Manuscript called Modus tenendi Parliamentum it doth appear that the House of Commons did antiently as the House of Lords at this day consist of Clergy-men as well as Lay-men there sate the Procuratores Cleri two for each Diocess representing all the Clergy-Commons of the Diocess as the Knights of the Shire doth all the Lay-Commons of the Shire for it was then judged expedient that every Freeman of England as well Clergy as Laity should in passing of all Laws touching propiety whereunto they were to be subject give their consent personally or immediately by themselves or else by some that by their Election should mediately undertake for them and the words of the Writ for summoning the Procuratores Cleri as aforesaid seem to warrant the same at this day The Power and Priviledges of both Houses of Parliament are divers and distinct one from an other The Lords House hath a power not onely in making and repealing Laws but also in tractando consilium impendendo as the words of the Writ are also in judging of Controversies judging in the arraignment of any Peer of the Realm putting men to their Oaths especially in matters of importance as the Corruption of Judges and Magistrates in Errours Illegal proceedings in other Courts in Appeals from Decrees in Chancery c. The Lords that in their Religion conform not to the Church of England may yet sit and have Suffrage in the Lords House All the Lords Spiritual and Temporal have this Priviledge That if by reason of Sickness or other business they cannot appear they may make Proxies to vote in their stead after Licence obtained by a Letter under the Kings Signet to be excused for their absence so that in every Parliament every person in England either by himself Proxy or Representative is said to be there and to have his Suffrage for making or repealing any Law The Commons have also a power in making and repealing Laws they also have their Negative Voyce for Levying of any money upon the Subject the Bill is to begin in the Commons House because from them doth arise the greater part of Moneys The Commons have the Priviledge to supplicate and propose Laws to impeach publick Delinquents even the highest Lords of the Kingdom both Spiritual and Temporal The House of Commons is the Grand Inquest of the Realm summoned from all parts to present publick grievances and Delinquents to the King and Lords to be redressed and punished by them and to this purpose the Lords sit in their Robes on the Bench covered as Judges do in other Judicatories they swear and examine Witnesses and at length pass sentence whilst the Members of the Commons House stand bare at the Bar of the Lords House produce Witnesses mannage evidence c. Note that although every Member of the Commons House is chosen to serve for one particular County City or Burrough yet he serves for the whole Kingdom and his voyce equal to any other his power absolute to consent or dissent without ever acquainting those that sent him or demanding their assent as the States General of the United Neatherlands are obliged to do in many Cases Yet are they to make that their special care to promote the Good of that County City or Borough for which they serve Although the Lords of Parliament are to bear their own charges because they represent there only themselves yet all the Commons both Lay and Clergy that is the Procuratores Cleri are to have rationabiles Expensas as the words of the Writ are that is such allowance as the King considering the Prices of all things shall judge meet to impose upon the people to pay In the 17 Edward 2. it was 10 groats for Knights and 5 groats for Burgesses but not long after it was 4 s. a day for dubbed Knights and 2 s. for all others which in those days as appears by the prices of all things was a considerable sum above 20 times more than it is now for not onely their expences were considered though that was great by reason of the sutable attendance that then every Parliament man had but also their pains their loss of time and necessary neglect of their own private affairs for the service of their Country and when the Countries Cities and Burroughs paid so dear for their expences they were wont to take care to choose such men as were best able and most diligent in the speedy dispatch of affaires by which means with some other more business in those times was dispatched in Parliament in a week then is now perhaps in ten so that the Protections for Parliament men and their Servant from Arrests were not then grievous when scarce any Parliament or Session lasted so long as one whole Term. In the Raign of Edward 3. the Parliaments sometimes sate but eight days and sometimes less as may be seen in the Records of the Tower and yet transacted several and weighty affairs of the Nation many things being prepared before hand as some think by the King and his privy Council as they are at present in Sweden and that commonly they then debated onely upon such things as the King did propose which is now done by the Convocation of the Clergy of England The afore-mentioned expences being duly paid did cause all the petty decayed Burroughs of England to become humble Suitors to the King
Borough of Cricklade Sir George Hungerford Kt. Sir John Earnely Kt. Borough of Great Bedwin Sir John Trevor Kt. Henry Clerk Esq Borough of Lugdersal William Ashburnham Esq Thomas Gray Esq Borough of Old Sarum Edward Nicholas Esq Sir Eliab Harvey Kt. Borough of Wooten Basset Sir Walter St. John Bar. John Pleydal Esq Borough of Marleborough John Lord Seymour Jeoffery Daniel Esq Worcester Sir John Packington Bar. Samuel Sandys Sen. Esq City of Worcester Sir Rowland Berkly Kt. Thomas Street Esq Borough of Droitwich Henry Coventry Esq Samuel Sandys Jun. Esq Borough of Evesham Sir John Hanmer Kt. Sir James Rushout Kt. Borough of Bewdly Sir Henry Herbert Kt. York Conyers Darcy Esq Sir Thomas Slingsby Kt. City of York Sir Metcalf Robinson Kt. Sir Thomas Osborn Bar. Town of Kingston upon Hull Anthony Gilby Esq Andrew Marvel Gent. Borough of Knaersborough Sir John Talbot Kt. William Stockdale Esq Borough of Scarborough Sir Phillip Munckton Esq William Thompson Esq Borough of Rippon Sir Jo. Nicholas Kt. of the Bath Thomas Burwell Dr. of Laws Borough of Richmond Sir William Killegrew Kt. Marmaduke Darcy Esq Borough of Heydon Henry Guy Esq Sir Hugh Bethel Kt. Borough of Burrowbridge Sir Rich. Malevere Kt. and Bar. Robert Long Esq Borough of Malton William Palmes Esquire Sir Thomas Gowre Kt. Borough of Thirske Sir Thomas Ingram Kt. Will. Franklin Esquire Borough of Aldborough Sir Soloman Swale Bar. Sir Francis Goodrick Kt. Borough of Beverley Michael Wharton Esquire Sir John Hotham Bar. Borough of North-Allerton Sir Gilbert Gerard Kt. and Bar. Roger Talbot Esquire Borough of Ponfract Sir John Dawney Kt. Sir William Lowther Kt. Barons of the Cinque Ports Port of Hastings Edward Waller Esquire Sir Denny Ashburnham Bar. Town of Winchelsea Francis Finch Esquire Robert Austin Gent. Town of Rye Sir John Robinson Kt. and Bar. Sir Jo. Austin Bar. Port of New Rumney Sir Charles Sidley Bar. Sir Norton Knatchbull Bar. Port of Hyth John Harvey Esquire Sir Henry wood Kt. and Bar. Port of Dover George Montague Esquire Edward Lord Hinchenbroke Port of Sandwich Jo. Strode Esquire James Thurbarne Esquire Port of Seaford Sir William Thomas Kt. and Bar. Nicholas Pelham Esquire WALES Anglesey Nicholas Bagnall Esquire Town of Bewmorris John Robinson Esquire Brecon Edward Progers Esquire Town of Brecon Sir Herbert Price Bar. Cardigan Edward Vaughan Esquire Town of Cardigan Sir Charles Cotterel Kt. Carmarthen Sir Henry Vaughan Kt. Town of Carmarthen John Lord Vaughan Knight of the Bath Carnarvon Sir Richard Wynne Bar. Town of Carnarvon William Griffith Esquire Denbigh John Wynne Esquire Town of Denbigh Sir John Salisbury Bar. Flint Sir Thomas Hanmer Bar. Town of Flint Roger Whitely Esquire Glamorgan Sir Edward Mansel Bar. Town of Cardiffe Robert Thomas Esquire Merioneth Henry Wynne Esquire Pembroke Arthur Owen Esquire Town of Haverdford-West Sir Frederick Hyde Kt. Town of Pembroke Rowland Lagherne Esquire Montgomery Andrew Newport Esquire Town of Montgomery Henry Herbert Esquire Radnor Sir Richard Lloyd Kt. Town of Radnor Sir Edward Harley Kt. of the Bath Note that some Knights and Burgesses being lately deceased others are not yet elected in their Room Of the Executive Power in Temporal Matters A Brief account of the Legislative power in Temporall affairs having been given next may be considered the Executive power in those affairs and that is generally in the King he is the Fountain of Justice he is the Fountain of Justice he is the Lord Chief Justice of England and therefore as all the Laws of England are called the Kings Laws because he is Caput Principium Finis Parliamenti by which the Laws are made and that nothing can have the Force of a Law but what he wills so all the Courts of Judicature are called the Kings Courts and all the Judges of those Courts are called the Kings Judges The highest Court of Judicature in England is the House of Lords in Parliament so that the Parliament is not only Concilium but Curia a Court of Judicature consisting as aforementioned of all the Lords Spiritual and Temporal as Judges and these assisted with the most grave and eminent Lawyers of England both in Common and Civil Law To the Judicature of this Supreme and most Honourable Court all other Courts and Persons that are Subjects of England are Subject and accountable for all Crimes not properly tryable remediable or punishable in other inferiour Courts of Justice and to this Court all last Appeals are to be made and from whose Sentence there lies no appeal but to a succeeding Parliament and this supreme Judicatory or Judicial Power lyes only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation impeach the highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence after which there can be no farther proceeding till the King informed of the whole matter gives His Royal Assent for the Execution of the said Sentence or grant His gracious Pardon In the late Long Parliament the House of Commons pretended to be also a Court of Judicature and at length usurped a most exorbitant power to the total ruine of Monarchical Government and it is worth observing by what Gradations they arrived thereto In the time of Queen Elizabeth and not before the Commons began to take upon them as saith Mr. Pryn a learned Member of that House to seclude one another for undue Elections whereas formerly the King and Lords were accounted the sole Judges of all Members of the Commons House and to have the sole power to judge of their undue Elections Returns Misdemeanors Breaches of Privileges and of all other matters concerning their Membership also for freeing any Member from Arrest or Imprisonments did wholely and solely belong to the Lords and not to the Commons unless it were by special order referred by the Lords to the House of Commons as heretofore sometimes hath been done In the time of King Charles the Martyr the Commons went farther took upon them utterly to expel out of their House some of their fellow Members as Projectors and Monopolizers although they had been duly elected After this in the same Kings time they expelled all such as adhered in Loyalty to the King next they secluded and imprisoned all such as the Officers of the late rebellious Army impeached or disliked then by the help of that Army 50 or 60 of the Members of that House expelled all the rest of their fellows and soon after voted down the King and whole House of Lords and voted themselves to be the Parliament to be the sole Legislators and the Supreme Authority of England into such a prodigious height of folly and impiety do men run when they once allow themselves to pass their due limits Of the Court of Justice called the Kings-Bench FOr the Execution of Laws after the House of Lords in Parliament the highest Court in England is the Kings
concerning the Kings Revenue either certain or casual All Securities either by Bond or Recognizances to the Kings Majesty for any of his Debts are taken here All Proceedings upon any Statute by Information for Custom Excises or any other penal Law All proceedings upon the said Bonds or Recognizances or any other Bonds taken in the Kings name by Officers appointed thereunto under the Great Seal of England and transmitted into this Office for recovery thereof From hence issue forth Process to cause all Accountants to come in and account In the Court of Exchequer there being a Court of Equity all proceedings touching the same are in this Office with many other things concerning the Kings Revenue This Office is in the Kings Gift Next is the Lord Treasurers Remembrancer John Osburn Esquire whose Office is to make Process against all Sheriffs Receivers Bailiffs c for their Accounts and many other things of moment as Estreat-Rules all Charters and Letters Patents whereupon any Rents are reserved to the King In this Office there were heretofore twelve sworn Clerks whereof the two first were called Secondaries but since the Tenures were taken away the said Office is declined and the number of Clerks diminished This Office also is in the Kings Gift Clerk of the Pipe is Sir Robert Crook Knight who hath all the Accounts and Debts due to the King drawn down out of the Remembrancers Office and chargeth them down in the Great Roll or Pipe and therefore probably was it called the Pipe Office He hath under him eight sworn Clerks William Burnet Esquire chief Secondary Nicholas Highmore Wil. Satterthwayte Burnet Junior Caryl c. Here also Accountants have their Quietus est and here are made Leases of extended Lands Comptroller of the Pipe Brewster Esquire who writeth out Summons twice every year to the High Sheriffs to levy the Farms and Debts of the Pipe he also keepeth a controlment of the Pipe that is keepeth a Roll of the Pipe Office Accounts whereby to discover any thing that shall be amiss Clerk of the Pleas is Richard Beresford Esquire in whose Office all the Officers of the Exchequer and other Priviledged persons as Debtors to the King c. are to have their Priviledge to plead and be impleaded as to all matters at the Common Law And the proceedings are accordingly by Declarations Pleas and Tryals as at the Common Law because they should not be drawn out of their own Court where their attendance is required Forrein Opposer is Charles Whittaker Esquire whose Office is whereunto all Sheriffs repair to be by him opposed of their Green Wax and from thence is drawn down a Charge upon the Sheriff to the Clerk of the Pipe this Office is kept in Greys-Inn Clerk of the Estreats Williams Esquire whose Office is to receive every Term the Estreats or Extracts out of the Office of the Remembrancer of the Lord Treasurer and to write them out to be levied for the King also to make Schedules for such Summs as are to be discharged Auditors of the Imprest Bartholemew Beal and Robert Wylde Esquires who audit the great accounts of the Kings Customs Wardrobe Mint First Fruits and Tenths Naval and Military Expences Moneys imprested c. Auditors of the Revenue there are seven Sir Edmond Sawyer Kt. John Philips Esq Sir Joseph Seymour Kt. Aldworth Parsons Morice Esquires and Sir William Godolphin Kt. These audiâ— all the accounts of the Kings other Revenue that ariseth by Aydes granted in Parliament Remembrancer of First Fruits and Tenths James Roger Esq whose Deputyes George Farrington and William Prettyman take all Compositions for First Fruits and Tenths and make process against such as pay not the same this Office is kept in Hatton Garden There are also two other considerable Officers called Deputy Chamberlains Mr. Vines and Mr Lawrence in whose Office at Westminster are preserved all the Counterfoyles of the Talleys whereof more anon so exactly ranged by Months and years that they may presently be found out to be joyned with their respective Stock or Tally when thereunto required which being done and proving true they deliver the same attested for a lawful Tally to the Clerk of the Pipe for to be allowed in the Great Roll but in case any corruption hath been used the same is easily and soon discovered and the Offender severely punished by Fine and imprisonment There are also divers other Officers as Clerk of the Parcels Clerk of the Nichils Marshals Usher of the Exchequer whose Office is executed by a Deputy also 4 under Ushers Of the other part of the Exchequer called by some the Lower Exchequer where the Kings Revenue is received and disbursed with admirable Order and Frugality THe Principal Officer is the Lord Treasurer of whom see the First Part of the Pres State of England Since the Death of the Earl of Southampton 1667. This great Office hath been in the hands of five Commissioners Now there are but three Commissioners the Lord Ashley Sir Thomas Clifford and Sir John Duncomb who execute the same at Whitehall They have each one a considerable Salary from the King There is one Secretary Sir George Downing Knight and Baronet Next is the Chancellour of the Exchequer who is also an Officer of great Account and Authority he hath a principal power not onely in the Exchequer Court but also here in the managing and disposing of the Kings Revenue he hath also the Custody of the Exchequer Seal This Office is injoyed by the forementioned Lord Ashley Then there are two Chamberlaines of the Exchequer Sir Nicholas Steward and Mr. Hyldiard in whose Custody are all Antient Records Leagues and Treaties with forreign Princes the Standards of Moneys Weights and Measures those antient famous Books called Doomes-day and the Black book of the Exchequer whereof the former is Liber Censualis totius Angliae the Tax Book of England made by William the Conqueror wherein is described all the Lands of England with the true value and their Owners name it was six years in making viz. from the 14th to the 20th year of that King and called at first Rotulus Wintoniae but since named Doomes-day Book because therein was set down an exact Account not onely of all the Cities Towns and Villages of England but the number of Families of Men Souldiers Husbandmen Bondmen Servants Cattle how much mony what Rent how much Meadow Pasture Woods Tillage Common Marsh Heath every one possessed and when any one cited or any difference arose about those things or Taxes c. there was no place for denying or deceiving the King whereof many men ever made little Conscience though all good Christians ever counted it a grievous and hainous sin when this Book was opened like as it will be at the opening of the Book at the great day of doom or general Judgment of the World This Book is kept under three Locks and Keys not to be lookt into under 6s 8d and for every line transcribed is to be paid 4d
It is as antient as the Civility of the Nation though perhaps by another name This Court proceeds either ordinarily according to the Laws Statutes and Customes of the Nation and in Latin granting out Writs mandatory and remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one the equitable part is by Bills Answers and Decrees to examine Frauds Combinations Trusts secret uses c. to moderate the Rigour of the Laws and rescue men out of the hands of their Oppressors To relieve a man especially in three things viz. against Cheats unfortunate accidents and breaches of Trust Out of this Court issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any person hath been amerced too high and for a reasonable part of Goods for Widdows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgements in inferiour Courts Writs of Audita Querela and Scire facias here are sealed and inrolled Letters Patent Treaties and Leagues with forreign Princes Deeds betwixt Party and Party touching their Lands and Estates or Purchasers taking recognizances and making of Extents upon Statutes and Recognizances for payment of Moneys or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are betwixt Subject and Subject hath its Original and Commissions from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds onely the person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the sole Judge whereas in other Courts there are three or four Judges but he may and doth often in cases of greater weight and difficulty in cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it was almost always antiently and so of later times by Sir Christopher Hatton and after by Doctor Williams Bishop of Lincoln to their great praise and commendation It is the highest Dignity in England that a Lay-man is capable of it is Summum ambientis animi quasi Solstitium and the Chancellor is Magistratuum omnium Antistes Antiently the Lord Chancellor had sometimes his Vicechancellor commonly called Keeper of the Great Seal but of later times they differ onely in name In France he that is made Chancellour is durante vita his place cannot be taken away although the Seales may It is said there that he is so to attend to the sole Interest of the King and People that he must not be sensible of any Relations or other consideration and therefore he may not put himself in mourning neither for his own Father nor for the King himself Chancellours have been in England as the learned Dugdale finds as soon as Christianity was embraced by the Saxons The Chancellor is said to be keeper of the Kings Conscience to judge secundum aequum bonum according to equity and conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact rigour and letter of the Law whereunto other Judges are strictly tyed for the Princes of this Realm in imitation of the King of Kings governing the World by justice and mercy have erected two supreme Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy wherein the Rigour of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the quirks of Lawyers the more it is guided by Conscience and Equity and therefore the Kings of England would have this Court superiour to the other Tribunals that so if any thing was done amiss by those following the Rigour of the Law here good by Conscience and Equity it might be amended wherein they followed the noble Pattern of the Great Constantine qui omnes suas leges imperfectas esse voluit ut inde subditi sui appellarent ad Episcopos and therefore in all former times the Judges of this Court were chosen out of the Clergy able Divines who by their skil in the Law of God and of Nations were best able to judge according to Moderation and Equity and most willing to execute accordingly also fittest to dispose of the Kings spiritual Benefices Besides when this High Office was given to Bishops and Clergy men in whom wealth and a publick Spirit being usually conjoyned what great publick Acts of Piety and Charity were done by them for this Nation to mention onely in Oxford What noble and rich foundations are Christ-church Magdalens New Colledge and Merton Colledge all founded by Bishops that were Chancellors and on the contrary since the places of Chancellor Treasurer Privy Seal c. have been usually in the Hands of Lay-men what one great work hath been done for the Publick but onely wealth heaped up for their own private Families The manner of Proceeding in this Court is much like that in the Courts of the Civil Law the Actions by Bill or Plaint the Witnesses examined in private the Decrees in Engliâ—h or Latin not in French No Jury of twelve men but all Sentences given by the Judge of the Court. The Chancellor or Lord Keeper hath twelve assistants antiently called Clerici or Magistri Cancellariae because they were usually in Holy Orders and all Doctors of Laws for Master and Doctor was antiently the same as at this day a Doctor in the Arts is called Magister in Artibus The first of these is called Master of the Rolls a place of great dignity and is in the gift of the King either for life or during His Majesties pleasure and this Officer hath jure Officii the gift of those considerable Offices of the six Clerks in Chancery hath the keeping of the Rolls hath the House of the converted Jews now called the Rolls and in the absence of the Chancellor heares Causes and makes Orders by Vertue of a Commission with two Masters and not jure Officii One reason why the Masters of Chancery were ever Civilians may be because for all cases almost imaginable some Law or case conformable thereunto may be fetched by a good Civilian out of that Law of Laws called the Civil Law Another may be because the Chancery more antient then in any other Court of England for all Original writs and Comissions whereupon the other Courts do ground all their proceedings do come from thence hath probably been taken from the Civil Law divers points
of proceedings not used in Common Law Courts as the Defendants answering to the Bill and sometimes to the Interrogatories upon Oath though to the accusing of a mans self in divers matters dammageable and penal also by the whole manner of publication the depositions of Witnesses by the examining of witnesses upon Interrogatories and in perpetuam rei memoriam by the term and use of final Decree and many other points differing from the Common Law and wholly agreeing with the Civil Law This Court is alwayes open when all the others are shut but onely in Term time so that if a man be wrongfully imprisoned in the Vacation time out of Term the Lord Chancellour may grant his Writ of Habeas Corpus and do him justice according to Law So likewise may this Court grant Prohibitions in time of Vacation as well as in Term time A List of the several Officers belonging to the High Court of Chancery SIR Orlando Bridgman Knight and Barronet Lord Keeper of the Great Seal of England Then the 12 Masters of the Chancery as followeth Sir Harbottle Grimston Baronet Master of the Rolls Sir William Childe Knight Doctor of Laws Sir Justinian Lewin Knight Doctor of Laws Sir Thomas Escourt Knight Sir Mundeford Bramston Knight Doctor of Laws Sir Nathaniel Hobart Knight Sir William Glascock Knight Sir John Coel Knight Sir Robert Stewart Knight Sir Timothy Baldwin Knight Doctor of Laws Sir Andrew Harket Knight Sir William Beversham The House founded at first for the converted Jews was after their expulsson out of England annext for ever to the Office of Master of the Rolls where he hath the custody of all Charters Patents Commissions Deeds Recognisances which being made up in Rolls of Parchments gave occasion of the Name At present there are kept all the Rolls since the beginning of Henry 7. the rest are kept in the Tower of London In his gift are besides the six Clerks Offices the Offices of the Examiners and three Clerks of the Pettibag Next Clerk of the Crown Henry Barker Esquire this Office is of high importance he is either by himself or Deputy continually to attend the Keeper of the Great Seal for special matters of State and hath a place in the Higher House of Parliament he makes all Writs for summoning Parliaments and upon a Warrant directed to him by the Speaker of the House of Commons upon the Death or removal of any Member he makes a Writ for a new Election Protonatary of this Court is Robert Pescod Esquire this Office is chiefly to expedite Commissions for Embassies It is executed by a Deputy Clerk of the Hamper or Hannaper sometime stiled Warden of the Hannaper Whose Office is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal dayly in Term time and at all times of Sealing with leather baggs now but antiently probably with Hampers wherein are put all sealed Charters Patents c. and then those Baggs delivered to the Comptroller of the Hamper This Office is now enjoyed by Henry Seymer Esquire and executed by a Deputy Warden of the Fleet or Keeper of the Fleet-Prison is an Office very considerable and is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt to the King or his Laws or such as will not pay their Debts c. The present Warden is Sir Jeremy Whitchcote It is executed by a Deputy Serjeant at Armes is Humphrey Ley Esq whose Office is to bear a great gilt Mace before the Lord Keeper c. Six Clerks are Officers of great account next in degree to the twelve Masters in Chancery whose Office is to inroll Commissions Pardons Patents Warrants c. That are passed the Great Seal They were antiently Clerici and afterwards forfeited their places if they did marry till by Act of Parliament in the time of Hen. 8. they were allowed to take Wives They are also Atturneys for Plaintiffs and Defendants in causes depending in this Court The present six Clerks Sir John Marshal Matthew Pindar Esq Matthew Bluck Esq Sir Cyril Wyche John Wilkinson Esq and Edward Abney Esq who sit altogether at their Office in Chancery Lane Examiners in Chancery there are two Sir Robert Peyton and Sir Nicholas Strode Their Office is to examine the Witnesses in any suit on both sides on their Oaths This Office also is executed at the Rolls Clerks of the Petty Bag in Chancery are three Edmund Warcup Esq John Hobson Esq and George Low Esq they are under the master of the Rolls Their Office is to make all Patents for Customers Comtrollers all Conge d' eslires first summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The Subpena Office is to issue out Writs to call a person into Chancery This Office is in the hands of Frances Lady Vane Sir Walter Vane and Charles Vane and executed by a Deputy Clerk of the Patents or of Letters Patents under the Great Seal of England is Sir Richard Pygot and executed by a Deputy erected 16 Jac. The Register of the Court of Chancery the Farl of St. Albans under whom are three Deputy Registers for the Court two Deputy Registers for the Rolls two entring Clerks and a Keeper of the Books Cursiters Office in the Chancery is to make out Original Writs they were antiently called Clerici de Cursu of these there are twenty four whereof each one hath certain Counties and Cities allotted to them into which they make out such Original Writs as are required These Clerks are a Corporation within them-themselves and are all persons of Quality whose names follow The Names of the Cursiters now in being are these that follow JOhn Symonds Principal William Barker Assistants Benjamin Gladman Assistants Henry Edmonds Ge. Norbury Abr. Nelson Rich· Plumpton Roger Brown John Norbury Richard Cross Edmund Eyre Will. Adderley Abr. Skynner Jo. Shelbury Will. Plumpton Thomas Fisher Elias Gladman Roger Twisden Ben. Storke John More William Loe. H. Amhurst Philip Barecroft Rich. Parmee Esquires who execute these Offices by themselves or by their Deputies This Office is kept near Lincolns Inn. Clerk of the Presentations of Spiritual Benefices Edwes Esquire Commissioners Sir George Courthop Sir Edm. Turner Halsal Esq Alienation Office N. Crew Esq Receiver Gen. Joh. Nichols All the forementioned Courts of Judicature at Westminster are opened four times the year called the four Termes viz. Easter Term which beginneth alwayes the seventeenth day after Easter and lasteth 27 dayes Trinity Term begins the 5 th day after Trinity Sunday and lasteth 20 dayes Michaelmas Term began heretofore a little after that Feast but now by a late Statute begins the 23 October and lasteth 37 dayes Lastly Hilary Term begins now 10 dayes after St. Hilary Bishop or the 23 of January and lasteth 21 dayes so in all 105 dayes from whence must be deducted about 20 Sundayes and Holydayes which
are as the Dies Nefâ—sti wherein the Courts sit not so that in one fourth part of the year and that in one City all considerable causes of the greatest part of England are fully decided and determined whereas in forreign parts the Courts of Justice are open all the year except high Holydayes and Harvest and that in all great Cities This may seem therefore strange to all Forreigners till they know that the English have alwayes been given more to peaceableness and industry then other people and that rather then go so far as London and be at so great Charges with Attourneyes and Lawyers they will either refer their differences to the Arbitration of their Parish Priests who do or ought to think it a Principal part of their Duty to reconcile differences within their Parishes or to the Arbitration of honest Neighbours or else are content to submit their differences to tryal before the Judges of Assises or the Itinerant Judges who twice a year viz. after the end of Hilary Term and after the end of Trinity Term two by two of these principal Judges ride several Circuits and at the Principal Town of every County sit to hear and determine all Causes of lesser moment both civil and criminal a most excellent wise Constitution begun by King Hen. 2. Anno 1176. who at first divided England into six Circuits not the same that are now and to each Circuit allotted three judges Wales also is divided into two Circuits North and South Wales for which are designed in like manner two Sergeants at Law for each Circuit These Judges give Judgment of the Pleas of the Crown and all Common Pleas within those Counties dispatching ordinarily in two or three days all Controversies in a County that are grown to issue in the fore-mentioned Courts at London between Plaintiffs and Defendants and that by their Peers a Jury of 12 men ex viceneto out of the neighbourhood where about the business lyes So that twice a year in England and Wales Justice may be said to be rightly and speedily administred even at our own doors Besides the forementioned Courts at Westminster Henry 8. erected for the more ease of the Subject a Court in the North of England another for the County of Wales and Counties adjoyning and intended another for Cornwall and Devonshire and these in manner of those Courts called in France Parlements where all cases might be decided both according to the Laws of England and according to equity in Chancery Of these Courts that for Cornwal was never fully erected those people desiring rather to come to London for Justice that of the North was by the late long Parliament taken away and so was that of Wales but this last since the Restauration of the King again erected Of this Court or Council of the Marshes of Wales is a Lord President at present the Lord Vaughan Earl of Carbury divers Councellors Secretary Attourney Sollicitor Surveyor who have Salaries from His Majesty HAving given a brief Account of the Civil Government of all England in General next shall be described the particular Government of Counties Hundreds Cities Burroughs and Villages For the Civil Government of all Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers men of worth and parts who have their usual residence in the County so many as His Majesty pleaseth to keep the Peace of the County and these by Commission under the great Seal are called Justices of Peace and such of them in whom the King doth more particularly confide or respect are called Justices of the Quorum from those words in the Commission Quorum A. B. unum esse volumus that is some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of Peace and Quorum is by the Lord Keeper made Custos Rotulorum so called because he hath the Custody of the Rolls or Records of the Sessions and is to bring them to each Quarter Sessions The Original of Justices of Peace is from the first year of Edward 3. Their Office is to call before them examine and commit to Prison all Theeves Murderers wandring Rogues those that hold Conspiracies Conventicles Riots and almost all other Delinquences that may occasion the breach of Peace and quiet to the Kings Subjects to commit all such to prison as either cannot or by Law are not to be bailed that is cannot be set at liberty by Sureties taken for their appearance at a place and time certain land to see them brought forth in due time to Tryal Every Quarter or three months the Justices meet at the chief or Shire Town where the Grand Enquest or Jury of the County is summoned to appear who upon Oath are to inquire of all Traitors Hereticks Theeves Murderers Money-coiners Riots c Those that appear to be guilty are by the said Justices committed to prison to be tryed at the next Assises when the Judges of Westminster come their Circuits aforementioned For execution of Laws in every County except Westmorland and Durham the King every Michaelmas Term nominates for each County a Sheriff that is a Reeve of the Shire Praepositus or Praefectus Comitatus a Governor or Guardian of the County for the words of the Patent are Commisimus tibi Custodiam Commitatus nostri de N. The Sheriffs Office is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to empannel Juries to bring Causes and Criminals to Tryal to see the sentences both in Civil and Criminal affairs executed to wait on and guard the Itenerant Judges twice a year so long as they continue within the County which at the Assises is performed with great Pomp Splendor Feasting c In order to the better execution of his Office the Sheriff hath attendant his Under-Sheriff divers clerks Stewards of Courts Bayliffs of Hundreds Constables Gaolers Sergeants or Beedles besides a gallant train of servants in rich Liveries all on Horseback at the Reception of the Judges He was antiently chosen as Knights of the Shire but to avoid Tumults it is now thus Every year about the beginning of November the Judges Itinerant nominate six fit men of each County that is Kts. or Esquires of good Estates out of these the Lords Keeper Treasurer Privy Councellors and 12 Judges assembled in the Exchequer Chamber and sworn make choice of three of which the King himself after chooseth one to be Sheriff for that year only though heretofore it was for many years and sometimes heriditary as at this day to the Cliffords who by dissent from Robert de Vipont are Sheriffs heriditary of the County of Westmoreland by Charter from King John Furthermore the Sheriffs Office is to collect all publick profits Customes Taxes of the County all Fines Distresses and Amerceaments and to bring them into the Kings Exchequer or Treasury at London or else where as the King shall appoint The
Sheriff of each County hath a double function first Ministerial to execute all Processes and Precepts of the Courts of Law and to make returns of the same Secondly Judicial whereby he hath authority to hold two several Courts of distinct nature the one called the Sheriffs Turn which he holdeth in several places of the County enquiring of all Criminal Offences against the Common-Law not prohibited by any Statute The other called the County Court wherein he hears and determines civil Causes of the County under 40 s. which antiently was a considerable summe so that by the great fall of the moneys now the Sheriffs authority in that part is much diminished He is said to be the life of Justice of the Law and of the County for no suit begins and no process is served but by him then no Execution of the Law but by him lastly he is the chief Conservator of the Peace in the whole County Every County being subdivided into Hundreds so called at first either for containing an hundred houses or 100 men bound to find Armes or Wapentakes so called from touching a weapon when they swore Allegiance as the manner at this day is in Sweden at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike every such Wapentake oâ— Hundred hath commonly a Bayliff a very antient Officer but now of small Authority also Officers called High Constables first ordained by the Statute of Winchester 13 Edw. 1. for conservation of Peace and view of Armour they disperse Warrants and Orders of the Justices of Peace to each Pety Constable There are also in every County two Officers called Coroners whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death and to enter the same upon Record which is matter Criminal and a plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Free holders of the County by vertue of a Writ out of the Chancery They were antiently men of estates Birth and Honour and therefore in the Reign of Edward III. a Merchant being chosen a Coroner was removed quia communis Mercator fuit whereas he ought to have been a Gentleman which have no Trades man is reckoned to be by our Laws Every County also hath an Officer called Clerk of the Mercat whose Office is to keep a Standard of all Weights and Measures exactly according with the Kings Standard kept in the Exchequer and to see that none others be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are otherwise He hath a Court and may keep and hold Plea therein Of the Civil Government of Cities EVery City of England by their Charters or Priviledges granted by several Kings is a little Common-wealth apart governed not as the Cities of France by a Nobleman or Gentleman placed there by the King but wholly by themselves they choose amongst themselves their own Governor in Cities a Mayor is chosen commonly out of 12 Aldermen In some other Coâ—porations a Bailiff is chosen out of a certain number of Burgesses They are not taxed but by their own Officers of their own Corporation every trade having some of their own alwayes of the Council to see that nothing be enacted contrary to their profit Every City by Charter from the King hath haute moyenne basse Justice a jurisdiction amongst themselves to judge in all matters criminal and civil onely with this restraint that all civil causes may be removed from their Courts to the Higher Courts at Westminster The Mayor of the City is the Kings Lieftenant and with the Aldermâ—n and Common Council as it were King Lords and Commons in Parliament can make Laws called By-Laws for the Government of the City He is for his time which is but for one year as it were a Judge to determine matters and to mitigate the Rigour of the Law The next in Government of Cities are two principal Officers called though improperly the Sheriffs who are Judges in civil causes within this City and to see all execution done whether penal or capital and should rather be called Stat-reeves or Port-reeves i. e. Urbis vel Portus Praefecti In Cities the people are generally made more industrious by Manufactures and less idleness suffered then in other places so that in some Cities children of six or seven years old are made to gain their own expences In the City of Norwich it hath of late yeares been computed and found that yearly children from 6 to 10 years of age have gained 12 thousand pounds more then what they spend and that chiefly by knitting fine Jersey Stockings The Government of Burroughs and other Towns corporate is much after the same manner In some there is a Mayor in others one or two Bailiffs who have equal power with a Mayor and Sheriffs and during their Offices they are Justices of the Peace within their Liberties and have there the same power that other Justices of the Peace have in the County For the better Government of Villages the Lord of the place hath ordinarily power to hold a Court-Baron so called because antiently such Lords were called Barons as they are still in many parts of France or else Court Baron i. e. Court of Freeholders as the Barons of Germany are called Frey herren so the Barons of the Cinque Ports in England are but the Freeholders of the Cinque Ports And this Court may be held every 3 weeks Also for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place this Officer is to keep the Peace in case of quarrels to search any house for Robbers Murdrers or others that have any way broken the peace to raise the Hue and Cry after Robbers fled away to seize upon them and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasiions either to bring crrminals before them or to carry them by their command to the common Prison Every little Village almost hath an Epitome of Monarchical Government of Civil and Ecclesiastical policy within it self which if duly maintained would render the whole Kingdome happy First for the civil Government there is the Lord of the Soyl who from the Crown immediately or mediately holds Dominium soli and is said to have in him the Royalty as if he were a little King and hath a kind of Jurisdiction over the Inhabitants of the Village hath his Court-Leetâ— or Court-Baron to which they owe suit and service and where may be tryed smaller matters happening within the Mannour Escheats upon Felonies or other accidents Custody of Infants and Lunaticks power of passing Estates and admitting of Tenants Reliefs Hariots Hunting Hawking Fishing c. under the Lord is the Constable or
Headborough to keep the Peace to secure offenders to bring them before the Justice c. Then for the Ecclesiastical Government of Villages there is as before hath been mentioned the Parson or Vicar who hath Curam Animarum the Care of Souls as the Lord of the Mannor hath in some measure Curam Corporum for which he hath the Tythes Glebe and Church Offrings hath under him the Church-wardens and Sides-men to take care of the Church and Church Assemblies the Overseers of the Poor to take care of the Poor Sick Aged Orphans and other Objects of Charity and Lastly the Clark to wait on him at Divine Service Thus admirable and excellent is the Constitution of the present English Government above and beyond any other Government in Christendom O Fortunatos nimium bona si sua norint Angligenas If English men did know their Bliss Too great would be their Happiness Of the Military Government of England IT was a smart Motto that the Great Henry the IV. of France Grandfather to our Gracious King now raigning caused to be engraven on his Great Guns Ratio Ultima Regum Intimating thereby that when Subjects refuse to submit to the Laws of the Land or Neighbours to the Law of Nations then Kings have recourse to Force and Armes to bring them to Reason So long as Subjects are prone to Sedition and Neighbour-Princes and States to Ambition there will be a necessity of a Military Power in every State both by Land and likewise by Sea where the Country is any where bordering on the Sea Of the Military power of England both by Land and Sea the King of England hath the sole supreme Power Government Command and disposition And neither one nor both Houses of Parliament have any right to levey any Forces or make any War Offensive or Defensive as they have at large declared in Parliament Anno 14 Car 2. By Land the next under the King was the late Duke of Albemarle who by His Majesties Commission dated 4 th of April 1660. at Breda was made Generalissimo of all His Majesties Forces in all His Three Kingdoms Horse and Foot Land Souldiers in pay as well within Garrison as without Since the Death of the aforementioned Duke the Horse and Foot which are in constant Pay are thus ordered there are four excellent Regiments of Foot The first is called the Kings Regiment consisting of 24 Companies and near 1700 men commanded by Coll. John Russel whose Lieftenant Coll. is Edw. Grey brother to the Lord Grey and whose Major is William Rolleston The next is the Duke of Yorks Regiment 720 men commanded by Sir Charles Littelton whos 's Lieft. Coll. is Sir John Griffith and his Major Nath. Dorrel Of the third Regiment 600 men Sir Walter Vane is Coll. Thomas Howard of Suffolk Lieft. Coll. and Sir Thomas Ogle Major Of the fourth Regiment 960 men the Coll. is the Earl of Craven his Lieft. Col. is Sir James Smith his Major John Millar There is also a Gallant Regiment of Horse consisting of 8 Troops about 500 Horse besides Officers commanded by the Earl of Oxford and his Major is Francis Windham His Majesty hath besides 3 compleat Troops for his Life Guards whereof one is called the Kings Troop consisting of 200 Horse and commanded by the Duke of Monmouth Another the Queens Troop 150 Horse and commanded by Sir Philip Howard and the third the Duke of Yorks Troop 150 Horse and commanded by the Marquis of Blanquefort whereof see more in the first Part of the Present State of England The pay of a Colonel of Foot is 20 s. per diem and of a Colonel of Horse 12 s. per diem the other Officers have proportionable pay Each Foot Souldier in London hath 10 d. a day and each Horseman 2 s. 6 d. a day Onely those of the Life Guard have each 4 s. a day The rest of His Majesties Forces that are in constant pay are disposed of into several Garrisons a List whereof follows Alphabetically with the names of their several Governors Barwick Lord Widdrington Carlile Sir Philip Musgrave Chepstow Captain Roger Vaughan Chester Sir Jeofry Shackerly Dover Capt. Strode Deale Capt Titus Guernsey Lord Hatton Gravesend Sir Francis Leak Harwich Sir Charles Littleton Hull John Lord Bellassis Jersey Sir Thomas Morgan Languard Fort Major Dorrell St. Maws Sir Viel Vivian Pendenis Richard Lord Arundel Plimouth Earl of Bath Portsmouth D. of York Sir Philip Honywood Lieutenant Governor Scarborough Sir Tho. Slingsby Scylly Isle Sir Will. Godolphin Shereness Sir Bourcher Wray Tinmouth Col. Edward Villars Tower Sir John Robinson Vpner Castle Windsor Castle Prince Rupert Isle of Wight Sir Robert Holmes York the Lord Freschevile In some of these Garrisons His Majesty is at the charge of above 500 men constantly each Garrison Souldier hath 8 pence a day Of all the land Forces in pay the Commissaries Gen. of Musters are Henry Howard of Suffolk and Sir Cecil Howard The Pay-master of all the Forces is Sir Stephen Fox The Judge Advocate Dr. Sam. Barrow For regulating and ordering His Majesties Land Forces that are in constant pay there are no Orders yet setled by Act of Parliament as there are for his Sea Forces but may be in a short time Besides the afore-mentioned Forces there is the standing Militia by Land of all England setled in the King to be governed ordered and enlarged from time to time as his Majesty shall see occasion For the management of these standing Land Forces the King himself makes choice of divers of the principal Peers of his Kingdome and by Commission creates them Lord Lieutenants of the several Counties of England with power to arm array and form into Companies Troops and Regiments to conduct upon occasion of Rebellion or Invasions and employ the men so armed within the Counties and Places for which the said Lords are commissioned or into any other County as the King shall give order To give Commissions to Colonels or other Commissioned Officers to present to the King the names of the Deputy-Lieutenants who have in the absence of the Lord Lieutenant the same power and these are to be of the prime Gentry of the County to charge any person in the County with Horse Horsemen and Arms or Foot Souldiers and Arms within the said County proportionable to their estates with limitation that no person be charged with a Horse unless he hath 500 l. yearly Revenue or 6000 l. in personal Estate No person to be charged with a Foot Souldier unless he hath 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together to find a Horse and Horseman or a Foot Souldier The forementioned Horse and Foot are to muster once or twice a year and each Horseman during the time of the Muster to be allowed him for whom he serves 2 s. a day and each Foot Souldier 12 d. a day For furnishing Ammunition and other Necessaries the Lord Lieutenant
447 150 38 Welcome 400 150 38 Yarmouth 608 180 44 Fifth Rate    Augustin 300 110 26 Briar 180 90 18 Colchester 287 110 24 Convert 250 110 26 Coventry 200 110 20 Dartmouth 220 110 22 Dolphin 130 80 14 Eagle 299 110 22 Forester 230 110 32 Fame 200 95 20 Gift 300 100 26 Garland 2â—5 1â—0 20 Greyhound 150 90 22 Half-Moon 300 110 26 Happy Entrance 200 100 20 Hector 150 90 20 Hound    Lizard 100 170 16 Milford 262 115 22 Mermaid 287 110 22 Norwich 258 110 22 Nightingale 300 110 22 Oxford 240 105 22 Constant Warwick  80 22 Pearl 285 110 22 Pembroke 210 110 22 Paul 240 95 22 Richmond 235 110 22 Rosebush 300 100 24 Success Frigat 230 115 24 Speedwell 200 100 20 Sorlings 250 110 22 Success 380 130 34 Satisfaction 220 110 26 Saphire 300 100 26 Westergat 300 100 26 Sixth Rate    Bramble 120 70 14 Blackmore 90 50 12 Carnation 100 60 12 Chesnut 90 45 10 Cag-way 60 40 8 Cignet 60 40 6 Drake 146 70 12 Dolphin 50 25 4 Diver Smack    Eaglet 60 40 8 Fox 120 70 14 Francis 90 50 10 Griffin 90 50 12 Gift 120 70 12 Hind 60 40 8 Hawk 60 40 8 Harp 60 40 6 Hart    Hunter 50 30 6 Henrietta Pinnace 65 25 6 Kingsale 90 50 10 Lark 80 50 10 Lilly 60 40 6 Martin 130 70 12 Mary 120 60 12 Marygold Hoy    Nonsuch Catch 60 40 8 Minion    Paradox 127 70 12 Pearl Brigant 50 25 4 Roe 60 40 8 Rose 60 40 6 Sparrow 90 60 12 Swallow 60 40 6 True Love 100 60 12 Vulture 100 60 12 Weymouth 120 70 11 Wolf 120 70 16 Besides the above mentioned Vessels there was the New Gally the Eagle Stork Violet Ostridge Church and Elias in all 160 sail During the late War with the United Netherlands France and Denmark some of these forementioned Vessels were lost and since the Peace concluded many have been new built even this present year four Ships of the first Rate and three of the third Rate have been to his Majesties great expences built and perfectly finished or will be in a short time Those new built Ships of the first Rate are the Royal James Prince St. Andrew London All his Majesties Maritime Forces are under the Command of the Lord High Admiral of England touching whose Name Titles Power Priviledges c. See the first part The Lord Admiral hath under him many Officers of high and low condition some at Sea others at Land some of a Military some of a Civil capacity some Judicial others Ministerial so that the Dominion and Jurisdiction of the Sea may justly be stiled another Commonwealth or Kingdom apart In Mari sunt Regna distincta idque Jure Gentium sicut in arida terra saith Baldus that learned Oracle of the Civil Law And the Lord High Admiral of England may fitly be stiled or at least reputed as a Vice-Roy of the Maritime Kingdom of England The Vice-Admiral of England is an Officer to whom next under the High-Admiral it belongs to see the Royal Navy kept in good repair the wages of Mariners and Ship-wrights duly paid and the Ships provided of all things necessary for any Expedition The Lord High-Admiral of England doth by virtue of his place appoint in divers parts of the Kingdom his several Vice-Admirals with their Judges and Marshals by Patent under the Great Seal of the High Court of Admiralty These Vice-Admirals and Judges do exercise Jurisdiction in Maritime affairs within their several limits and in case any person is agrieved by any Sentence or Interlocutory Decree that hath the force of a definitive Sentence he may appeal to the High Court of Admiralty The present Vice-Admirals of the several Coasts of England with their Judges are these that follow in Alphabetical order Bristol City Sir Thomas Bridges Vice-Admiral Cheshire and Lancashire the Earl of Derby Vice-Admiral Sir Tim. Baldwin Kt. Dr. of Laws Judge Cornwall South parts Trelawny Vice-Admiral Cornwall North parts Sir John Godolphin V. Admiral Mr. Scawen Judge Cumberland Earl of Carlile V. Admiral Durham Earl of Carlile V. Admiral Devonshire John Vowel Esq V. Admiral Dr. Masters Judge Dorsetshire Bullen Reyms Esq Essex Sir John Bramston V. Admiral Sir Mundiford Bramston Judge Glocester Thomas Cheston Esq V. Adm. Kent Duke of Richmond V. Adm. Lincoln Lord Castleton V. Adm. Newcastle Earl of Carlile V. Adm. Norfolk Lord Townsend V. Adm. Sir Justinian Lewen Kt. Dr. of Laws Judge Northumberland Earl of Carlile V. Adm. Somersetshire Sir Thomas Bridges V. Admiral Sussex Sir John Pelham V. Adm. Dr. Low Judge Suffolk Sir Henry Felton V. Adm. Dr. Clark Judge Southampton and Isle of Wight Sir Robert Holms V. Adm. Dr. Lloyd Judge Wales North parts Col. John Robinson V. Adm. Mr. Walter Mansel Judge York Earl of Mulgrave V. Adm. For handling of Maritime Affairs the Lord High Admiral hath Courts of his own whereof that at London is the principal or supreme where all Process and Proceedings run in his name and not in the Kings as it doth in all Common-Law Courts in this Court usually call'd the Court of Admiralty he hath a Lieutenant called Judge of the Admiralty who is commonly some learned Dr. of the Civil Law and is at present Doctor Jenkins lately knighted for his great worth and now called Sir Lionel Jenkins The Proceeding in this Court in all Civil Matters is according to the Civil Law because the Sea is without the limits of the Common-Law but under the Admirals Jurisdiction therefore the Civil Law onely all Common Law secluded is made use of and by Libel they proceed to the Action the Plaintiff giving Caution to prosecute the Sute and to pay what shall be judged against him if he fail in the Sute the Defendant on the contrary securing the Plaintiff by sufficient surety or caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratifie and allow all that his Proctor shall do in his name whereby the Clients are well assured to obtain that which by Law shall be adjudged to them let the Cause fall on which side soever In the Admiralty Court of England use is made not onely of the Civil Laws but the Laws of Rhodes and Oleron whereof the former is an Island in the Mediterranean Sea about twenty miles distant from the Continent of Asia Minor and is now under the Turk the antient Inhabitants whereof by their mighty Trade and Power at Sea grew so expert in the Regulation of all Maritime Matters and Differences and their Determinations therein were esteemed so just and equitable that their Laws in such affairs have ever since been observed for Oracles Those Laws were long ago incorporated into the Volumes of the Civil Law And the Romans who gave Laws to other
Nations and excelled all Nations in making of good Lawes yet for their Sea-affairs referred all Debates and Controversies to the Judgement of these Rhodian Lawes Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitane not far from the Mouth of the Garonne where our famous Warriour King Richard the First caused to be compiled such excellent Laws for Sea matters that in the Ocean Sea Westward they had almost as much repute as the Rhodian Laws in the Mediterranean and these Lawes were called La Rool d' Oleron King Edward the Third who first erected this Court of Admiralty as some hold made at Quinborough 1375. very excellent Constitutions concerning Maritime affairs and many Statutes and Ordinances have been made by other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and Messina yet that fragment of the Rhodian Law still extant with the Comments thereon by the old Jurisconsults inserted in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still holds the Preeminence The Customes and former Decrees of the English Court of Admiralty are there of force for deciding of Controversies Under this Court there is also a Court of Equity for determining differences between Merchants In Criminal affairs which is commonly about Piracy the proceeding in this Court was by Accusation and Information according to the Civil Law by a mans own confession or eye-witnesses found gulty before he could be condemned but that being found inconvenient there were two Statutes made by H. VIII that Criminal affairs should be tried by Witnesses and a Jury and this by special Commission of the King to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes Between the Common Law of England and the Admiralty there seems to be Divisum Imperium for in the Sea so far as the Low-water Mark is observed that is counted Infra Corpus Comitatus adjacentis and Causes thence arising are determinable by the Common-Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between the Low-water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For regulating and ordering His Majesties Navies Ships of War and Forces by Sea See those excellent Articles and Orders in Stat. 13 Car. 2. c. 9. Of the Navy Office where the whole business concerning the Kings Vessels of War is managed FIrst There is the Treasurer of the Navy the Earl of Anglesy whose Office is to receive out of the Exchequer by Warrant from the Lord Treasurer of England and to pay all charges of the Navy by Warrant from the principal Officers of the Navy for which he hath salary 220 l. 13 s. 4 d. besides 3 d. in the pound of all moneys paid by him This Office is executed pro tempore by Sir Thomas Osburn and Sir Thomas Littleton for which there are allowed to each fifteen hundred pounds per annum Next the Controller of the Navy Sir John Mennes whose Office is to attend and controll all payments of wages to know the Market rates of all stores belonging to shipping to examine and audit Treasurers Victuallers and Store-keepers Accounts c. his Salary is 500 l. yearly This Office is executed at present by the Lord Vicount Brounker the forementioned Sir John Mennes and Sir Jeremy Smith together Surveyor of the Navy Collonel Thomas Middleton whose Office is generally to know the state of all stores and see the wants supplyed to find the Hulls Masts Yards and estimate the value of repairs by Indentures to charge all Boatswains and Carpenters of His Majesties Navy with what stores they receive and at the end of each voyage to state and audit their Accounts his Salary is 490 l. Clerk of the Acts Samuel Pepys Esquire whose Office is to record all Orders Contracts Bills Warrants and other businesses transacted by the Principal Officers and Commissioners of the Navy c. Next the Commissioners of the Navy viz. the forementioned Lord Brounker and Sir Jeremy Smith whose Office is as above specified and Salary to each 500 l. yearly Two other Commissioners John Tippets And John Cox Esquires whose particular work is to be at Portsmouth and Chatham alwayes in readiness to give Orders for the better management of His Majesties affairs in his Yards or Store-Houses there Salary to each is 350 l. yearly Each of these Officers above named have two Clerks and some of them more all payd by the Treasurer of the Navy all hold their Places by Patent from the King and the most of them during Pleasure The King hath for his Navy Royal and Stores 4 great Yards or Store-houses viz. at Chatham Deptford Woollwich and Portsmouth where his ships are built repaired and laid up after their voyages In which Yards are employed divers Officers whereof there are six Principal whose Office Names and Salaries follow  Chat. Dep. Wool Port. Clerk of the Check 181 108 98 126 Store-keeper 236 164 128 119 Master attendant 2 at Chatham 200 100 100 108 Master ship-wright 103 113  130 Clerk of the Controll 100 120 80 80 Clerk of the Survey 140 102  84 Note that the charges of their Clerks and Instruments are included in the aforementioned Salaries Besides these four Yards His Majesty hath divers Rope Yards as at Chatham Woolwich and Portsmouth where are made all His Cables and Cordage for His Navy Also in time of a Sea-war the King hath another Yard at Harwich where there is out of War time continued an Officer at the charges of 100 l. yearly Yearly Pensions allowed by the King to to his Flag-Officers whilst they are at Land of Employment Two Admirals  salaries  l. Sir George Askew 250 Sir Thomas Allen 245 Three Vice-Admirals Sir Joseph Jordan 200 Sir Edward Sprag 250 Sir John Herman 200 Three Rere-Admirals  l. Riches Uâ—bert 150 Sir John Kempthorn 150 John Hubbert 150 All the Fore-mentioned Officers and the whole Navy Office are governed by the Lord High Admiral of England whose Lieâ—tenant Admiral is the Earl of Sandwich Salary 20 s. per diem and 10 s. per mens for each servant whereof he is allowed 16. Lord Adm. Secretary is Matthew Wren Esquire his Salary from the King is 500 l. yearly All the other under Officers as well those in the several Yards as those belonging to any of His Majesties ships hold their places by Warrant from the Lord High Admiral durante bene placito The ordinary yearly Charge of His Majesties Navy in times of Peace continuing in Harbour is so well regulated that it amounts to scarce 70000 l. besides all charges of building of ships c. or setting forth any Fleets which some years even in peaceable times amounts to 12 or 1300000 l. more as may easily be
and of the Liberties thereof ought still according to the aforementioned Acts to pay 2 s. 9 d. in the pound according to the true yearly value of the Rent of their Houses and Shops from time to time but the Citizens who think 2000 l. per annum not enough for an Alderman or for a Lawyer and yet 200 l. too much for a Pastor of a Parish opposing the same the business lies yet unestablished to the great dishonor of the Reformed Religion The Civil Government is not as it is at Paris Rome Madrid Vienna and other Capital Cities by a chief Magistrate some Nobleman set over the City by the King or Supreme Governor or as it was here in the time of the Romans when the chief Magistrate was called as it is still in Rome the Prefect of London or as it was in the time of the Saxons when he was called the Portgreve that is Custos or Guardian and sometimes Provost of London but after the coming in of the Normans the chief Magistrate was called Bailive from the French word Bailler tradere committere that is Commissarius or one that hath Commission to govern others and there were sometimes two Bailiffs of London till King Rich. I. Anno 1189. changed the name of Bailiff into MAYOR which also being derived from the French hath continued ever since a Citizen chosen by the Citizens annually unless sometimes for the disloyalty of the Citizens their Priviledges and Franchises have been taken from them and a Guardian set over them as was done by Hen. III. and Edw. I. Of latter times the Mayor of London though alwayes a Citizen and Tradesman hath been of such high repute and esteem that in all writing and speaking to him the Title of Lord is prefixt which is given to none others but either to Noblemen to Bishops Judges and of later times to the Mayor of York or to some of the highest Officers of the Realm He is also for his great Dignity usually knighted by the King before the year of his Mayoralty be expired His Table is and also the Table of each Sheriff such that it is not only open all the year to all commers strangers and others that are of any quality but so well furnished that it is always fit to receive the greatest Subject of England or of other Potentate nay it is recorded that a Lord Mayor of London hath feasted four Kings at once at his Table His domestick Attendance is very honorable he hath seven Officers that wait on him who are reputed Esquires by their places that is the Sword-bearer the Common Hunt who keepeth a gallant Kennel of Hounds for the Lord Mayors Recreation abroad the Common Cryer and four Water Bailiffs There is also the Coroner three Sergeants Carvers three Sergeants of the Chamber a Sergeant of the Channel four Yeomen of the Water-side one Under-water Bailiff two Yeomen of the Chamber three Meal-weighers two Yeomen of the Wood-wharfs most of which have their servants allowed them and have Liveries for themselves His State and Magnificence is remarkable when he appears abroad which is usually on horse-back with rich caparison himself alwayes in long Robes sometimes of fine Scarlet cloth richly furred sometimes Purple sometimes Puke with a great Chain of gold about his neck with many Officers walking before and on all sides of him c. but more especially on the 29. of October when he goes to Westminster in his Barge accompanied with all the Aldermen all his Officers all the several Companies or Corporations in their several stately Barges with their Arms Colours and Streamers and having there in the Exchequer Chamber taken his solemn Oath to be true to the King returns in like manner to Guild-Hall that is the great Common Hall of Guilds or incorporated Confraternities where is prepared for him and his Brethren a most sumptuous Dinner to which many of the great Lords and Ladies and all the Judges of the Land are invited This great Magistrate upon the Death of the King is said to be the prime person of England and therefore when King James was invited to come and take the Crown of England Robert Lee then Lord MAYOR of London subscribed in the first place before all the great Officers of the Crown and all the Nobility He is usually chosen on Michaelmas day out of the 26 Aldermen all persons of great wealth and wisdom His Authority reaches not only all over this great City and a part of the Suburbs but also on the famous River of Thames Eastward as far as Yendale or Yenleet and the mouth of the River Medway and Westward as far as Colny ditch above Stanes Bridge He hath power to punish and correct all that shall annoy the Stream Banks or Fish onely the strength and safety of the River against an Invasion and securing Merchandizing and Navigation by Blockhouses Forts or Castles is the Care of the King To the Lord Mayor and the City of London belong divers Courts of Judicature of high importance The highest and most antient Court is that called the Hustings i. e. Domus Causarum which doth preserve the Lawes Rights Franchises and Customs of the City There is a Court of Requests or Conscience The Court of the Lord Mayor and Aldermen where also the Recorder and Sheriffs sit Two Courts of the Sheriffs one for each Counter The Court of the City Orphans whereof the Mayor and Aldermen have the custody The Court of Common-Council consisting as the Parliament of England of two Houses one for the Lord Mayor and Aldermen and the other for the Commoners in which Court are made all By-laws which bind all the Citizens of London for every man either by himself or by his Representative gives his Assent thereunto wherein consists the great happiness of the English Subject above all the Subjects of any other Prince in the world that neither in Laws nor By-laws neither in Taxes or Imposts any man is obliged but by his own consent There is another Court of the Chamberlain of the City to whom belongs the Receipts of the Rents and Revenues of the City and to his Court the business of Apprentices over whom he hath a great authority To the Lord Mayor also belongs the Courts of Coroner and of Escheator and another Court for the conservation of the River of Thames Lastly the Court of Goal-delivery held usually eight times a year at the Old-Baily both for the City and Middlesex for the Tryal of Criminals whereof the Lord Mayor is the chief Judge and hath power of reprieving condemned persons There are other Courts called Wardmote or the meeting of Wards whereof there are 26 in the whole City In which Court inquiry is made into all things that can conduce to the regulating and well governing of the City Also the Court of Hall mote or Assembly of every Gild or Fraternity for regulating what belongs to each Company in particular The Traders of London are divided into Companies or
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
from his Parents all his life time after Besides these there are of late Grammar Schools founded and endowed in almost every Market Town of England wherein the children of the Town are onely to be taught gratis without any other allowance But in the multiplying of these Schools it may be doubted whether there appeared not more Zeal then Prudence for the Parents of such School-boys not able to advance them to the Universities all the rest besides Reading and Writing becomes useless and the Youths by Eight or ten years lazy living rendred unapt for the labor belonging to the more profitable Plough and divers Manufactures usually turn either Serving-men or Clerks to Justices or Lawyers whereby they learn much Chicanery they become cunning Petty-foggers multiply Law-sutes and cozen their Countrey or if perhaps they are set to Trades that little smattering in Learning got at the Grammar School renders them commonly proud stiff-necked self-conceited unapt to be governed apt to embrace every new Doctrine Heresie Schism Sect and Faction Or in case their Parents are able to put them to the University yet for want of sufficient maintenance and residence there they get onely to be half-learned and thereby a propensity to Preach Faction Sedition and Rebellion to seduce those that are more ignorant then themselves as was evident in our late unhappy troubles where it was observed that the Seducers were generally such as had been from those Market Latin Schools advanced to be either Commoners or Servitors for a short time in the University and the seduced ordinarily such as from those Schools became afterward Shop-keepers or Petty-foggers If such had been endowed with more or perhaps with less knowledge they had probably been much more humble loyal and obedient to their Governors both Civil and Ecclesiastical and therefore the late King of Spain consulting with his ablest Counsellors of State for a general Reformation of Matters that were found by experience to be inconvenient and prejudicial to His Kingdoms after mature deliberation came to this resolution That amongst other abuses the great number of Countrey Grammar Schools should by a solemn Prematica or Ordnance be diminished and the childrens time better employed at Manufactures Trades Husbandry c. Besides upon serious consideration it will be found that England is over-stocked with Scholars for the proportion of its Preferments and for its employments for Lettered Persons whereby it comes to pass that too many live discontented and longing for Innovations and Changes and watching for an opportunity to alter the Government both of Church and State This following List was provided to be inserted after the account of the standing Militia of England A List of the present Lords Lieutenants of the several Counties and Places of England in Alphabetical Order BEdford Earl of Alisbury Berks Lord Lovelace Bristol Duke of Ormond Bucks Earl of Bridgwater Cambridge Earl of Suffolk Cheshire Earl of Derby Cornwall Earl of Bath Cumberland Earl of Carlisle Derby Earl of Devonshire Devon Duke of Albemarle Dorset Duke of Richmond Durham Bishop of Durham Essex Earl of Oxford Glocester Marquess of Worcester Hereford Marquess of Worcester Hertford Earl of Essex Huntingdon Earl of Sandwich Kent Duke of Richmond Lancaster Earl of Derby Leicester Earl of Rutland Lincoln Earl of Lindsey Middlesex Earl of Craven Monmouth Marquess of Worcester Norfolk Lord Townsend Northampton Earl of Peterborough Northumberland Earl of Ogle Nottingham Duke of Newcastle Oxford Lord Say and Seal Purbeck Isle Sir Ralph Banks Rutland Viscount Camden Shropshire Lord Newport Southwark Borough Earl of Craven Somerset Duke of Ormond Southampton Lord St. John Stafford Lord Brook Suffolk Earl of Suffolk Surrey Lord Mordant Sussex Earl of Dorset Wales Earl of Carbery Warwick Earl of Northampton Westmerland Earl of Carlisle Wilts Earl of Essex Worcester Lord Windsor York East-Riding Lord Bellasis York West-Riding Duke of Buckingham THus the Reader hath had a small Map of a great Monarchy the most just and easie that ever any people lived under except onely those who lived in England before the late unparalleld Rebellion and many ways more happy then that which the great and good States-man Philip Comines so much admired in his days when he declared after he had much commended the Policy of the Venetian Commonwealth That amongst all the Seigneuries in the World England was the Countrey where the State was best ordered and where there was the least Violence and Oppression upon the People FINIS