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
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
Bench so called because anciently the King sometimes there sate in person on a high Bench and his Judges on a low Bench at his Feet to whom the Judicature belongs in the absence of the King In this Court are handled the Pleas of the Crown all things that concern loss of life or member of any Subject for then the King is concerned because the Life and Limbs of the Subject belong only to the King so that the Pleas here are between the King and the Subject Here are also handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court moreover hath power to examine and correct all Errors in facto in jure of all the Judges and Justices of England in their Judgements and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and mixt except only in the Exchequer In this High Court sit commonly Four Grave Reverend Judges whereof the First is stiled the Lord Chief Justice of the Kings Bench and is created not by Patent but by a short Writ thus Johanni Keeling Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste me ipso apud Westm The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenirint salutem Sciatis quod constituimus dilectum fidelem Richardum Rainsford Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Judges and all the Officers belonging to this Court have all Salaries from the King and the chief of them have Robes and Liveries out of the great Wardrobe In this Court all young Lawyers that have been called to the Bar are allowed to plead and practice This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction of this Court is general and extendeth to all England is more uncontroulable than any other Court for the Law presumes that the King is alwayes there in person None may be Judge in this Court unless he be a Serjeant of the Degree of the Coif that is a Serjeant at Law who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after A List of the several Officers belonging to His Majesties Court of Kings-Bench LOrd Chief Justice Sir John Keeling Knight Justices are Sir Thomas Twisden Knight and Baronet Sir Richard Rainsford Knight Sir William Morton Knight Clerk of the Crown Sir Thomas Fanshaw Knight his Secondary Jasper Waterhouse Esquire Protonotary Sir Robert Henley Knight his Secondary William Livesay Esquire Marshal or Keeper of the Kings Bench Prison Stephen Mosedell Esquire Custos Brevium Justinian Paget Esquire Andrew Vivean and Francis Woodward Clerks of the Paper Office Sealer of the Writs Edward Coleman Gilbert Barrel Clark of the Rules Clerk of the Errors Henry Field George Bradford Clerk for Filing Declarations a Cryer Porter and some other inferiour Officers Then there are Filacers for the several Counties of England whose Office is in this Court to make out all Process upon original Writs as well real as personal and mixt They were lately these that follow Humphrey Ironmonger Edward Parnel James Buck Samuel Astrey Francis Greg John Hynde Thomas Stone Thomas Leach Gilbert Eveleigh Henry Ewin Joshua Langrige William Oglethorp John Philips William Osborn Rob. Hyde and Anthony Rouse The manner of Tryals in this and all other Common Law Courts in England being different from that of all other Countries and peculiar to England shall be at large described apart in a Chapter with other peculiars Of the Court of Common Pleas. THe next Court for execution of Laws is the Court of Common-Pleas so called because there are debated the usual Pleas between Subject and Subject Some say this Court as well as other Courts were at first held in the Kings House wheresoever he resided but by the Statute of Magna Charta it was ordained that this Court should not be ambulatory but be held at a certain place and that hath ever since been in Westminster-Hall None but Serjeants at Law may plead in this Court and so many of them as the King shall appoint are bound by oath to assist all that have any Cause depending in that Court This Court may grant prohibitions as the Court of the Kings Bench doth The chief Judge in this Court is called the Lord Chief Justice of the Common-Pleas or of the Common-Bench holdeth his place by Letters Patent durante bene placite and so do the other inferiour Judges of this Court whereof there are commonly three In this Court all Civil Causes Real and Personal are usually tryed according to the strict Rule of the Law Real Actions are pleadable in no other Court nor Fines levyed or Recoveries suffered but only in this Court at Westminster The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine â—s is done to the Lord Chief Justice of the other Bench also to the other Judges of this Court and to four Serjeants is allowed Fees Reward and Robes to each one In the 11th and 12th of Edward 3. there were eight Judges belonging to the Common Pleas at other times seven six and five and so in the time of Henry 6. and Edward 4. but since usually but four as at this day Before the Reign of Queen Mary these and the rest or the twelve Judges rode upon Mules and not upon Horses as they now do in great State aâ— the beginning of the Term. A List of the several Officers belonging to His Majesties Court of Common-pleas LOrd Chief Justice Sir John Vaughan Kt. Sir Thomas Tyrrel Kt. Sir John Archer Kt. Sir William Wylde Kt. and Bar. these are the present Judges of that Tribunal Then there is an Officer called Custos Brevium the first Clerk of the Court whose Office it is to receive and keep all Writs returnable in that Court to receive of the Protonotaries all the Records of Nisi Prius called Postea's He holdeth his Place by Patent from the King and hath the Gift of the second Protonotary's Place and of the Clerk of the Juries· Sir Joseph Ash hath this Office and doth execute it by his Deputy Thursby Esquire There are three Protonotaries a word compounded of Greek and Latin which with the Antients was usual and signifies the first Notaries they are chief Clerks of this Court and by their Office are to enter and inroll all Declarations Pleadings which the Filazers did formerly promiscuously do Assises Judgments and Actions to make out Judicial Writs c. These considerable Offices are in the hands of Thomas Robinson Alan Lockhart and Humphrey Wirley Esquires The Chirographer also from two Greek words signifying to acknowledge a Debt by setting ones