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
hand is an Officer who ingrosseth Fines acknowledged c. He holdeth his Place also by Patent and is at present Mr. Sparks in trust for Sir William Drake who doth execute it by a Deputy Mr. Wayt. All these Officers aforementioned sit in the Court covered with black round knit Caps according to the mode immediately before the invention of Hats which was since the beginning of the Reign of Queen Elizabeth Moreover they are all sworn and have their Offices for life as a Freehold There are in this Court 3 Officers unsworn and hold their Places durante bene placito One Clerk of the Treasury Mr. George Ingram who hath the charge of keeping the Records of this Court and makes out all Records of Nisi Prius and divers other things This Office is in the Gift of the Lord Chief Justice 2. Clerk of the Inrolements of Fines and Recoveries who is by Statute under the three puisne Judges of this Court and removeable at their pleasure Note that the Inrolement of Fines and Recoveries or any part thereof by Stat 23 Eliz. cap. 3. is of as good force and validity in Law to all intents and purposes for so much of any of them so inrolled as the same being extant and remaining were or ought by Law to be The general neglect whereof in this Kingdom hath occasioned many Law Suits and hath proved in process of time exceeding dangerous to many mens Estates 3. The Clerk of the Outlawries Mr. Annuel who makes out the Writs of Capias Utlagatum after the Outlawry in the name of the Kings Atturney whose Deputy he is pro tempore There are five Clerks more 1. Clerk of the Kings Silver Henry Nurse Esquire unto whom every Fine or Final Agreement in sale of Lands is brought after it hath been with the Custos Brevium and to whom Money is paid for the Kings use 2. Clerk of the Warrants Mr· Thomas Brown executed by a Deputy Mr. James Mayo who entreth all Warrants of Atturney for Plaintiff and Defendant 3. Clerk of the Juries Mr. John Green who makes out the Writs called Habeas Corpora and Distringas for appearance of the Jury either in this Court or at the Assises in the Country 4. Clerk of the Essoins or Excuses for lawful cause of absence Mr. Townley 5. Clerk of the Super sedeas Mr. Abbot which is held by Patent but before King James time made by the Exchequer In this Court are also Filazers for the several Counties of England so called from the French Fil a Thred because they file their Writs These make out all Process upon Original Writs and do many other things too long to be here set down of these there are 14. viz. Fabian Philips Esquire who hath London Middlesex Huntington and Cambridge Shires The rest of the Counties are divided amongst these that follow Sir Roger Hill Henry Dutton Spicer Grey Fr. Hill Robert Child Charles Clare Sir Thomas Stringer Thomas Child Bennet Mark Hildesley Herbert Matthews and Hughes who is Protonatory Filazer and Exigenter of Monmouth by Patent the rest in the Gift of the Lord Chief Justice and hold for life There are also four Exigenters whose Office it is to make all Exigents and Proclamations in all Actions where process of Outlawry doth lye This Writ is called an Exigent because it exacteth the Party that is requireth his appearance to answer the Law and lies against a Transgressor of the Law that cannot be found nor any of his Goods within the County so that after summons by the Sheriff at five several County Courts if he appear not he is outlawed The four Exigenters at present are William Petty John Dawling Charles Clare and Silvester Petty all in the Gift of the Lord Chief Justice and are for life There are also belonging to this Court four Cryers and a Porter Of the Court called the Exchequer THe next Court for Execution of Laws is that called the Exchequer so called as some think from a Chequer-wrought Carpet covering the great Table in that Court as the Court of Green Cloth in the Kings house is so called from the Green Carpet or else from the French word Eschequier a Chess board because the Accomptants in that Office were wont to use such Boards in their Calculation Here are tryed all causes which belong to the Kings Treasury or Revenue as touching Accounts Disbursements Customs and all Fines imposed upon any man In this Court may sit the Lord Treasurer the Chancellor of the Exchequer the Lord Chief Baron and four other Learned Judges called Barons of the Exchequer and one other Cursitor Baron but the two first seldom sit and the five last Seldom fail The first of these five is the Principal Judge of this Court and answers the Bar or the Baristers who direct their Speech to him takes Recognizances for the Kings Debts c. It is an Office of High Honour and Profit he is styled Lord Chief Baron is Created by Letters Patents to hold this Dignity Quam dieu bene se gesserit wherein he hath a more fixed estate then the Chief Justices of either Bench for the Law intends this an Estate for Life in the absence of the Lord Chief Baron the other three Barons supply his place according to their Seniority but the fifth is said to be a Cursitor of the Court and administers the Oaths to the Sheriffs Under-Sheriffs Baylifs Searchers Surveyors c. of the Custom-house In the Exchequer are held two Courts one of Law another of Equity All Judicial Proceedings according to Law are coram Baronibus but the Court of Equity held in the Exchequer Chamber is coram Thesaurario Cancellario Baronibus This Court had its beginning primo Ph. Mar. The Authority of this Court is of original jurisdiction without any Commission Note also that all the other forementioned Courts were not Instituted by any Statute or written Law but have their Original from the antient Custom of the Kingdom For a long time after the Conquest there sat in the Exchequer both Spiritual and Temporal Barons of the Realm and in later times there sate in their places others that were not Peers of the Realm yet stiled Barons quia ibi sedere solebant Barones All the Twelve Judges belonging to these High Tribunals sit in Robes and Square Caps like those Doctors of Divinity because as some say they were antiently most commonly Clergy-men and Doctors Bishops or Prelates A List of the several Officers belonging to His Majesties Court of Exchequer In the Vpper Exchequer THe Kings Remembrancer Thomas Lord Vicount Fanshaw in whose Office are 8 sworn Clerks whereof John Payn and Thomas Hall Esquires at present are the two Secondaries the rest are Ansel Beaumont Hugh Frankland Butler Buggin George Wats Nicholas Sanders c. In this Office pass all the Accounts concerning the Kings Revenue for Customs Excise Hearth-money Subsidies and all Ayds granted to the King in Parliament and all other Accounts of what nature soever
that ground being but a Lease the present Fellows of this Colledge have purchased with their own Moneys a fair piece of Ground in Warwick-lane whereon they are now raising a sutable Edifice Of this Colledge there is a President Four Censors and Eight Elects who are all Principal Members of the Society and out of whom one is every year chosen to preside The Four Censors of the Colledge have by their Charter authority to survey correct and govern all Physitians or others that shall practise in London or within seven miles of the same to fine amerce and imprison any of them as they shall see cause Here followeth a List of all the Principal Physitians who now practise in London Socii Colleg. Med. Lond. SIr George Ent President Dr. Hamey Dr. Glisson Dr. Salmon Dr. Stane Censor Sir Alexander Frasier Dr. Micklethwait Dr. Paget Dr. Timothy Clark Dr. Goddard Censor Dr. King Dr. Cox Dr. Stanley Dr. Whistler Sir Charles Scarborough Dr. Wharton Dr. Merret Censor Dr. Samuel Collins Dr. Rugeley Sir William Petty Dr. Terne Sir John Babor Sir Edward Greaves Dr. Croyden Censor Dr. Bevoir Dr. Wolfe Dr. Luellen Sir John Finch Dr. Banes Dr. Walter Dr. Burwell Dr. Rogers Dr. Mills Dr. Lang. Dr. Betts Dr. Twisden Dr. Waldron Dr. Barwick Dr. Dacres Dr. Samuel Collins Dr. Collier Dr. James Clark Dr. Jasper Needham Dr. Henry Clark Dr. Carr. Dr. Packer Candidati Dr. Stracey Dr. Yerbury Dr. Allen. Dr. Hodges Dr. Millington Dr. Parker Dr. Jo. Smith Dr. Lawson Dr. Coysh Dr. Bruce Dr. Brooks Dr. Howarth Dr. George Smith Sir Thomas Bathurst Dr. Francklin Dr. Atfield Dr. Downes Dr. Trevor Dr. Croone Dr. Browne Dr. Burwell Dr. Short Dr. Marshall Socii Honorarii Dr. Frear Dr. Parker Dr. Gourdon Dr. Denton Sir John Colladon Dr. Meara Dr. Lampriere Dr. Bowle Dr. Bacon Sir Richard Napier Sir John Hinton Dr. Colestone Dr. Charleton Dr. Dawtrey Dr. Deodait Dr. Fogarsius Dr. Hames Dr. Jo. Skinner Dr. Timme Dr. Warner Dr. Harris Dr. Argall Dr. Arris Dr. Langham Dr. Meverell Dr. Stanley Sir Theodore de Veaux Dr. Witherley Dr. Titchborne Dr. Woodcock Dr. King Dr. Tayler Dr. Bright Dr. Moore Dr. Cursellis Dr. Walgrave Dr. Ball. Dr. Duke Dr. Harrison Dr. Man Dr. Barebone Dr. Napier Dr. Gelsthorpe Dr. Griffith Dr. Walter Needham Dr. Moesler Dr. Carter Dr. Trapham Dr. Henry Glisson Dr. Charleton Dr. John Clark Dr. Cavendish Dr. Dennis Gourden Dr. Bridgood Dr. Yardley Dr. Browne Dr. Paman Dr. Fisher Dr. Grinder Dr. Lawrence Dr Willis Dr. Dickenson Dr. Fielding Dr. Medford Dr. Grey Dr. Sagittary Dr. White Dr. Waterhouse Permissi Dr. Wedderburn Dr. Trist. Dr. Lenthall Dr. Barrough Dr. Broome Dr. Welman Dr. Vermuden Dr. Sydenham Antiently the usual Fee of a Doctor was 20 s. and of one that had not taken that degree 10 s. at present there is no certain rule But some that are eminent have received in Fees yearly 2 or 3000 l. and purchase great Estates which in other Countreys is very rare Besides the worthy persons mentioned in the List above there are divers Physitians that have good practice in London although they never had any Licence which is connived at by the Colledge and so is the too much practise of Empericks Mountebanks Pretended Chymists Apothecaries Surgeons Wise-women c. In which piece of folly the English surpass all the Nations of Christendom And yet by the Law of England if one who is no Physitian or Surgeon or not expresly allowed to practise shall take upon him a Cure and his Patient die under his hands this is Felony in the person presuming so to do Of the Colledge of Heralds NOt far from the Colledge of Doctors Commons stood the Colledge of Heralds that is of such as are to be Messengers of War and Peace that are skilful in Descents Pedigrees and Coats or Armories an Ancient House built by Thomas Stanley Earl of Derby who married the Mother of King Henry the Seventh and bestowed by Queen Mary on the Kings Heralds and Pursuivants at Arms for ever to the end that they and their Successors might dwell together if they so pleased and assemble confer and agree for the good Government of their Faculty and that their Records might there safely be preserved c. They were made a Colledge or Corporation by Charter of King Richard the Third and by him had several Priviledges granted unto them as to be free from Subsidies Tolls and all troublesome Offices of the Kingdom Afterwards another Charter of Priviledges was granted unto this Society by King Edward the Sixth in the third year of His Reign Of this Collegiate Society are first three stiled Reges Armorum Anglorum Kings at Arms six called Heralds and four Pursuivants at Arms. Amongst the Kings at Arms the first and principal is called Garter instituted by King Henry the Fifth whose office is to attend the Knights of the Garter at their Solemnities and to Marshal the Solemnities at the Funerals of all the higher Nobility of England to advertise those that are chosen of their new Election to call on them to be installed at Windsor to cause their Arms to be hung up upon their Seats there to carry the Garter to Kings and Princes beyond the Seas for which purpose he was wont to be joyned in Commission with some Principal Peer of the Realm c. The next is Clarencieux so called from the Duke of Clarence to whom he first belonged for Lionel Third Son to Edward the Third marrying the daughter and heir of the Earl of Ulster in Ireland had with her the Honor of Clare in the County of Twomond whereupon he was afterwards created Duke of Clarence or the Territory about Clare which Dukedom escheating to King Edward the Fourth by the death of His Brother George Duke of Clarence He made this Herald who properly belonged to that Duke a King at Arms and named him Clarentieux in French and Clarentius in Latin His Office is to marshal and dispose the Funerals of all the lower Nobility as Baronets Knights Esquires and Gentlemen on the South-side of Trent and therefore sometimes called Surroy or Southroy The third King at Arms is Norroy or Northroy whose Office is to do the like on all the North-side of Trent The two last are called Provincial Heralds England being by them divided into two Provinces These by Charter have power to visit Noblemens Families to set down their Pedigrees to distinguish their Arms to appoint Men their Arms or Ensigns and with Garter to direct the Heralds The Six Heralds anciently belonging properly to Dukes have been sometimes named Dukes at Arms and are thus called and ranked First Windsor secondly Richmond thirdly Chester fourthly Somerset fifthly York sixthly Lancaster Whose Office was anciently to attend Dukes in Marshal Executions Now they are to wait at Court attend Publick Solemnities Proclaim War and Peace c. thence perhaps named Heralds from two German words Here and Healt that is the Armies Champion to denounce War or offer Peace
that they might not be obliged to send Burgesses to Parliment whereby it comes to pass that divers were unburgessed as it was in particular granted to Chipping or Market Torriton upon their petition and then the number of the Commons house being scarce half so many as at present their Debates and Bills were sooner expedited no faction among them nor distinction of parties but altogether by a blessed unanimity amongst themselves and complyance with the Lords rarely denyed any thing to the King and as rarely were denyed any thing by the King The manner of debates of passing of Bills and Acts is thus It is the practise of each House to debate not onely of what the King hath proposed but of any other matters though heretofore that hath sometimes been by their Soveraign expressy forbidden It is free for any man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is first put in Writing and call'd a Bill which being read commonly after 9 of the clock in a full Assembly it is either unanimously rejected at first or else allowed to be debated and then it is committed to a certain number of the House presently nominated and called a Committee After it hath been amended and twice read two several days in the House then it is is engrossed that is written fair in Parchment and read the third time another day and then if it be in the Lords House the Lord Keeper in the Commons House the Speaker demandeth if they will have it put to the question whether a Law or no Law if the major part be for it there is written on the Bill by the Clerk So it baillè aux Communes or So it baillè aux Seigneurs retaining still in this and some other things about making Laws the custom of our Ancestors who were generally skilled in the French tongue Note that when the Speaker finds divers Bills prepared to be put to the question he gives notice the day before that on the morrow he intends to put such Bills to the passing or third reading and desires the special attendance of all the Members Note also that if a Bill be rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usuall to shew their respect attended with 30 or 40 of the Members of the House as they come up to the Lords Bar the Member that hath the Bill making three profound reverences delivereth it to the Lord Keeper who for that purpose comes down to the Barr. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other person whose place is on the Woolsacks and by none of the Member of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into consideration if aftewards it pass that House then is written on the Bill Les Communes ont assentèz When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech onely to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same day lest the whole time should be spent by two talkative persons Also if a Bill be debating in the House no man may speak to it in one day above once If any one speak words of offence to the Kings Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily Assembles not though many times they continue sitting long in the afternoon Committees sit after dinner where it is allowed to speak and reply as oft as they please In the Lords House they give their Suffrages or Votes beginning at the Puisne or lowest Baron and so the rest Seriatim every one answering apart content or not content In the House of Commons they vote by Yea's and No's altogether and if it be doubtful whether is the greater number then the Yea's are to goe forth and the No's are to sit still because these are content with their present condition without any such addition or alteration of Laws as the other desire and some are appointed to number them but at a Committee though it be of the whole House as is sometimes the Yea's go on one side and the No's on the other whereby they may be discerned If a Bill pass in one House and being sent to the other House they demur upon it then a Conference is demanded in the Painted Chamber where certain deputed Members of each House meet the Lords sitting covered at a Table the Commons standing bare with great respect where the business is debated if they then agree not that business is nulled but if they agree then it is at last brought with all other Bills which have passed in both Houses to the King who comes again with His Crown on his Head and clothed with His Royal Robes sometimes before His Pleasure is to prorogue or dissolve them and being seated in His Chair of State and all the Lords in their Robes the Clerk of the Crown reads the Title of each Bill and as he reads the Clerk of the Parliament according to his instructions from the King who before hath maturely considered each Bill pronounceth the Royal Assent If it be a publick Bill the Answer is Le Roy le veut which gives Life and Birth to that Bill that was before but an Embrio If a private Bill the Answer is Soit fait comme il est desire If it be a publick Bill which the King likes not then the Answer is Le Roys ' avisera which is taken for an absolute denyal in a more civil way and that Bill wholly nulled So that it is as true in England in some sence as in any Monarchy in the world Quod Principi placuit legis habet vigorem Not that whatever the King of England wills becomes immediately a Law but that nothing except what the King wills hath the force of a Law Note that the King without his personal presence can by Commission granted to some of his Nobles give His Royal Assent to any Bill that requires hast If it be a Bill for Moneys given to His Majesty then the answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut which antient Ceremorny of thanking the Subject for parting with their Money some think might better
Borough of Cricklade Sir George Hungerford Kt. Sir John Earnely Kt. Borough of Great Bedwin Sir John Trevor Kt. Henry Clerk Esq Borough of Lugdersal William Ashburnham Esq Thomas Gray Esq Borough of Old Sarum Edward Nicholas Esq Sir Eliab Harvey Kt. Borough of Wooten Basset Sir Walter St. John Bar. John Pleydal Esq Borough of Marleborough John Lord Seymour Jeoffery Daniel Esq Worcester Sir John Packington Bar. Samuel Sandys Sen. Esq City of Worcester Sir Rowland Berkly Kt. Thomas Street Esq Borough of Droitwich Henry Coventry Esq Samuel Sandys Jun. Esq Borough of Evesham Sir John Hanmer Kt. Sir James Rushout Kt. Borough of Bewdly Sir Henry Herbert Kt. York Conyers Darcy Esq Sir Thomas Slingsby Kt. City of York Sir Metcalf Robinson Kt. Sir Thomas Osborn Bar. Town of Kingston upon Hull Anthony Gilby Esq Andrew Marvel Gent. Borough of Knaersborough Sir John Talbot Kt. William Stockdale Esq Borough of Scarborough Sir Phillip Munckton Esq William Thompson Esq Borough of Rippon Sir Jo. Nicholas Kt. of the Bath Thomas Burwell Dr. of Laws Borough of Richmond Sir William Killegrew Kt. Marmaduke Darcy Esq Borough of Heydon Henry Guy Esq Sir Hugh Bethel Kt. Borough of Burrowbridge Sir Rich. Malevere Kt. and Bar. Robert Long Esq Borough of Malton William Palmes Esquire Sir Thomas Gowre Kt. Borough of Thirske Sir Thomas Ingram Kt. Will. Franklin Esquire Borough of Aldborough Sir Soloman Swale Bar. Sir Francis Goodrick Kt. Borough of Beverley Michael Wharton Esquire Sir John Hotham Bar. Borough of North-Allerton Sir Gilbert Gerard Kt. and Bar. Roger Talbot Esquire Borough of Ponfract Sir John Dawney Kt. Sir William Lowther Kt. Barons of the Cinque Ports Port of Hastings Edward Waller Esquire Sir Denny Ashburnham Bar. Town of Winchelsea Francis Finch Esquire Robert Austin Gent. Town of Rye Sir John Robinson Kt. and Bar. Sir Jo. Austin Bar. Port of New Rumney Sir Charles Sidley Bar. Sir Norton Knatchbull Bar. Port of Hyth John Harvey Esquire Sir Henry wood Kt. and Bar. Port of Dover George Montague Esquire Edward Lord Hinchenbroke Port of Sandwich Jo. Strode Esquire James Thurbarne Esquire Port of Seaford Sir William Thomas Kt. and Bar. Nicholas Pelham Esquire WALES Anglesey Nicholas Bagnall Esquire Town of Bewmorris John Robinson Esquire Brecon Edward Progers Esquire Town of Brecon Sir Herbert Price Bar. Cardigan Edward Vaughan Esquire Town of Cardigan Sir Charles Cotterel Kt. Carmarthen Sir Henry Vaughan Kt. Town of Carmarthen John Lord Vaughan Knight of the Bath Carnarvon Sir Richard Wynne Bar. Town of Carnarvon William Griffith Esquire Denbigh John Wynne Esquire Town of Denbigh Sir John Salisbury Bar. Flint Sir Thomas Hanmer Bar. Town of Flint Roger Whitely Esquire Glamorgan Sir Edward Mansel Bar. Town of Cardiffe Robert Thomas Esquire Merioneth Henry Wynne Esquire Pembroke Arthur Owen Esquire Town of Haverdford-West Sir Frederick Hyde Kt. Town of Pembroke Rowland Lagherne Esquire Montgomery Andrew Newport Esquire Town of Montgomery Henry Herbert Esquire Radnor Sir Richard Lloyd Kt. Town of Radnor Sir Edward Harley Kt. of the Bath Note that some Knights and Burgesses being lately deceased others are not yet elected in their Room Of the Executive Power in Temporal Matters A Brief account of the Legislative power in Temporall affairs having been given next may be considered the Executive power in those affairs and that is generally in the King he is the Fountain of Justice he is the Fountain of Justice he is the Lord Chief Justice of England and therefore as all the Laws of England are called the Kings Laws because he is Caput Principium Finis Parliamenti by which the Laws are made and that nothing can have the Force of a Law but what he wills so all the Courts of Judicature are called the Kings Courts and all the Judges of those Courts are called the Kings Judges The highest Court of Judicature in England is the House of Lords in Parliament so that the Parliament is not only Concilium but Curia a Court of Judicature consisting as aforementioned of all the Lords Spiritual and Temporal as Judges and these assisted with the most grave and eminent Lawyers of England both in Common and Civil Law To the Judicature of this Supreme and most Honourable Court all other Courts and Persons that are Subjects of England are Subject and accountable for all Crimes not properly tryable remediable or punishable in other inferiour Courts of Justice and to this Court all last Appeals are to be made and from whose Sentence there lies no appeal but to a succeeding Parliament and this supreme Judicatory or Judicial Power lyes only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation impeach the highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence after which there can be no farther proceeding till the King informed of the whole matter gives His Royal Assent for the Execution of the said Sentence or grant His gracious Pardon In the late Long Parliament the House of Commons pretended to be also a Court of Judicature and at length usurped a most exorbitant power to the total ruine of Monarchical Government and it is worth observing by what Gradations they arrived thereto In the time of Queen Elizabeth and not before the Commons began to take upon them as saith Mr. Pryn a learned Member of that House to seclude one another for undue Elections whereas formerly the King and Lords were accounted the sole Judges of all Members of the Commons House and to have the sole power to judge of their undue Elections Returns Misdemeanors Breaches of Privileges and of all other matters concerning their Membership also for freeing any Member from Arrest or Imprisonments did wholely and solely belong to the Lords and not to the Commons unless it were by special order referred by the Lords to the House of Commons as heretofore sometimes hath been done In the time of King Charles the Martyr the Commons went farther took upon them utterly to expel out of their House some of their fellow Members as Projectors and Monopolizers although they had been duly elected After this in the same Kings time they expelled all such as adhered in Loyalty to the King next they secluded and imprisoned all such as the Officers of the late rebellious Army impeached or disliked then by the help of that Army 50 or 60 of the Members of that House expelled all the rest of their fellows and soon after voted down the King and whole House of Lords and voted themselves to be the Parliament to be the sole Legislators and the Supreme Authority of England into such a prodigious height of folly and impiety do men run when they once allow themselves to pass their due limits Of the Court of Justice called the Kings-Bench FOr the Execution of Laws after the House of Lords in Parliament the highest Court in England is the Kings
only of Beer and Ale for the City of London though it be a very moderate Imposition is farmed or rented of the King at above one hundred and twenty thousand pounds a year and about one fourth part of all that Excise throughout England Churches Parish Churches besides Chappels there were in all 130. that is double the Number of Churches parochial to be found in any City of Christendom the Mother Church whereof is dedicated to the memory of Saint Paul the only Cathedral of that Name in Europe and founded by Sebert a Saxon King about the year 610. in a place where had stood a Temple dedicated to Diana and afterward enlarged by Erkenwald the 4 th Saxon Bishop thereof and that old Fabrick being almost destroyed by Fire Mauritius another Bishop of London in One thousand eighty three began and finished a great part of the present magnificent Pile in the space of 20 years but the Quire and Tower were not finished till 1221 and then it was dedicated in a most solemn manner as was the Temple of Solomon the King the Bishops and a vast number from all Parts of the Nation assisting thereat It is seated on the highest part of all the City and was more conspicuous perhaps then any Cathedral Church in the World it was a structure for length height and antiquity surpassing all other Churches the length thereof was 690 Foot therein excelling by 20 foot St. Peters in Rome which for beauty proportion and divers other things excels all other Temples it was in height 102 foot and in breadth 130. The Church was built as other Cathedrals in a perfect Cross and in the midst of the Cross upon mighty high Arches was a Tower of Stone 260 foot high and on that a spire of Timber covered with Lead in height 260 foot more in all from the ground 520 foot above which was a â—ole of Copper Gilt of 9 foot in compass whereon stood the Cross 15 foot and a half high and almost 6 foot a cross made of oak covered with Lead and another cover of Copper over the Lead above all stood the Eagle or Cock of Copper Gilt four foot long and the breadth over the Wings 3 foot and a half In the year 1561. a part of this magnificent Pile was much wasted and the rest endangered by a fire begun in that stately Timber Spire by the negligence of a Plummer who left his Pan of Fire there whilest he went to Dinner as he confest of later years on his Death Bed But by the great Bounty and Piety of Queen Elizabeth of the Citizens of London and of all the Clergy of the Province of Canterbury it was again repaired in the space of Five years After which the Stone work decaying apace by reason of the corroding quality of the abundance of Sea-coal smoak the Learned and Pious Doctor Laud coming to be Bishop of London and after of Canterbury was so zealous and vigorous for upholding this most Ancient Church and Stately Monument of England and glory of the City of London that by the Kings favor and liberal contribution of Godly People maugre all opposition of the Puritans the work was so eagerly pursued that before the year 1640. the whole Body was finished with Portland Stone excellent against all smoak and weather and the Tower scaffolded up to the top with a purpose to take it all down and to rebuild it more fair and of a greater height with a stately Pinnacle at each corner because the Arches were not thought strong enough to support another Steeple and to place in that Tower the biggest and most tunable Bells in the World For performance whereof and for adorning the Church there was in the Chamber of London above One hundred and seventy thousand pounds all taken out soon after and employed in an Unnatural War by a stiff necked People against the best of Kings in which one single act a great part of the Citizens of London and of the Long Parliament became deeply guilty of a horrid Rebellion and detestable Sacriledge After the Murder or rather Martyrdom of the forementioned Archbishop the Skaffolds were taken away and sold with some of the Lead which covered this famous Structure and this House of God made a Stable for Horses by the Disloyal Army and almost all suffered to decay till the Restauration of the King who having a pious intent to set upon the repair thereof again it was all ruined by the late dreadful Conflagration in 1666. Which yet hath not so discouraged our gracious King and the rest of our Church Governors but that in a short time they intend to begin again the repair of the Mother Church of the Mother City of this Kingdom to the glory of God and high honor of this City and Nation for the speedy promoting whereof both King and Parliament City and Countrey Clergy and Laity high and low seem to stand engaged to lend their aid and assistance Of the forementioned Fire that was able to destroy such a vast solid Structure as the Cathedral of S. Paul a brief account may here be acceptable especially to Foreigners who have had imperfect relations thereof THe City of LONDON within the Walls was seated upon near Four hundred and sixty Acres of Ground whereon was built about Fifteen thousand Houses besides Churches Chappels Halls Colledges Schools and other Publick Buildings whereof about Four parts of five were utterly devoured in the late dismal Conflagration and about One part of five of the whole City and Suburbs counting therein Westminster and Southwark There were then destroyed Eighty seven Parochial Churches Six Consecrated Chappels all the Principal Publick Edifices as the forenamed Cathedral of S. Paul the great Guild-Hall wherein are held Nine several Courts belonging to the City the Royal Exchange the Custome-House most Halls of Companies c. whereof the whole damage is almost incredible In that one commodity of Books onely wherewith London abounded was lost as Judicious Stationers have computed One hundred and fifty thousand pounds for the loss fell most upon that and Three or four other cumbersome commodities not easie on a sudden to be removed viz. Wines Tobacco Sugars and Plumbs wherewith this City was furnished beyond any City in the World Yet in this vast Incendy not above Six or eight persons were burnt Of this dreadful Fire there were many concurrent occasions First The Drunkenness or Supine negligence of the Baker in whose House it began or of his Men. Next The dead time of the night wherein it began viz. between One and two of the Clock after Midnight when some were wearied with working others filled with drink all in a dead sleep Thirdly The dead time of the week being Saturday night when Traders were retired to their Countrey Houses and none but Children or Young Servants left behind Fourthly The dead time of all the year being then the long Vacation on the Second of September when Tradesmen were generally abroad