Rent of the Shops above and below Stairs and the vaulted Cellars under Ground Which comes to about 4000 l. a Year besides 30 l. Fine which is paid for every Shop And as Dr. Chamberlain observes this goodly Fabrick not taking up quite an Acre of Ground is perhaps the richest piece of Ground in the whole World In our Way towards Westminster before we come to St. Pauls Cathedral are three Things worth taking notice of On the left hand a Statute of King Charles II. on Horseback in Stock-Market with a fine Conduit to it Bow steeple in the middle of Cheapside and on the right hand the Guild-hall The first done in white Marble at the Cost and Charges of Sir Robert Viner The other a solid and beautifull Structure composed of four of the Orders of Building which shews the rare Invention of the Architect The whole Height of it from the Ground is 225 foot and yet is but half so high as the intended Dome of St. Pauls Cathedral is designed to be Noted besides for its Ring of Bells reputed to be the best in all England Guildhall where the the City Courts of Judicature are held and where the Lord Mayor Aldermen and Common-Council meet for the Management of the City-Concerns is a spacious Building but more glorious within than without At the first coming in is a spacious Hall set out among other Things with the Pictures of Their Majesties King William and Queen Mary with those of several Judges Here are also two Giauts that stand up in their bulky Figures Blackwell-Hall is so near this Place and so famous for the Sale of Woollen-Cloths that I cannot pass it by in Silence The same was purchased by the Lord Mayor and Commonalty in the Beign of Richard II and has been since imployed as a Weekly Market-Place for all sorts of Woollen-Cloth broad and narrow brought from all Parts of the Kingdom there to be sold And it is to this day the greatest Market and Store-house for all sorts of Woolen-Cloth And now we come to St. Pauls Cathedral seated on the highest Part of all the City and first built by Sebert the first Christian King of the East-Saxons Before the Fire it was in Length 690 Foot that is 20 foot longer than St. Peter's in Rome which for beauty proportion and divers other Things excels all other Churches It s Breadth and Height were proportionable to the Length so that it stood upon so much ground as contained above 3 Acres and a half This famous Church as vast and solid as it was was devoured by that dreadfull Fire in the Year 1666. But some Years after Sir Christopher Wren having by the King's Command designed a new Model of it a new Foundation was laid accordingly And ever since this stately Fabrick has been carried on to that height we see it now So that for Greatness and Figure for Solidity Magnificence and curious-Architecture 't is like to excel all Churches in Christendom except in some particulars St. Peter's Church in Rome To this Cathedral belongs a Dean and thirty Prebendaries c. Within the Liberties The Two Sergeants Inns one in Fleetstreet and the other in Chancery-Lane Two Inns of Court the Inner and the Middle-Temple in Fleetstreet Five Inns of Chancery viz. Clifford's-Inn in Fleetstreet and these four in Hoâ—born Thavies Furnivals Bernards and Staple-Inns Without the Liberties Two other Inns of Court viz. Grays Inn in Holborn and Lincolns Inn in Chancery Lane Three Inns of Chancery viz. Clements Inn New Inn and Iyons Inn. The Sergeants Inns are so called because divers Judges and Sergeants at Law keep their Commons and Lodge there in Term-time The Number of these is about 26 who being arrived to the highest Degree in the Study of the Common Law have here their Lodging and Diet. Out of these are all the Judges of the Kings Bench Common Pleas and Exchequer elected by the King â—t being a Degree in the Common Law anâ—werable to that of Doctor in the Civil Law But whereas Doctors of Law are allowed to it covered within the Bar the Sergeants stand â—are-headed without the Bar only with Coifs â—or Caps on For they are called Servientes 〈◊〉 Legem and Servitutis Appellatio-est Ministeâ—ii Doctoris vero Magisterii The Degrees by which the Student in the â—ommon Law rises to that of a Sergeant are first by being bred 2 or 3 years in the University in the Study of Logick and Rhetorick with some Insight into the Civil Law Upon which he is admitted to one of the four Inns of Court where he is first called a Student or Inner-Barrister till after 7 Years Study he becomes a Mootman or Utter-Barrister and some Years after a Bencher Those are Utter-Barristers who from their Learning and Standing are called by the Benchers in the Mooting Time to plead and argue Moots that is doubtfull Cases and Questions And whilst they argue the said Cases they sit uttermost on the Forms of the Benchers Out of these Mootmen are chosen Readers for the Inns of Chancery where in Term-Time and Grand Vacations they argue Cases in the presence of Attorneys and Clerks In the four Inns of Chancery seated in Holbourn the Moots are read either by those of Grays-Inn or Lincolns-Inn and in the others by those of the two Temples The Benchers so called from the Bench whereon they sit at the upper end of the Hall are the Seniors to whom is committed the Government of the whole House and out of whose Number is yearly chosen a Treasurer who receives disburses and accounts for all Moneys belonging to the House Out of these are also chosen those Readers whose Reading is kept with so much feasting and solemnity To which are invited the chief Nobles Judges Bishops great Officers of the Kingdom and sometimes the King himself Such a Feasting as has cost some Readers 1000 l. After which the Reader wears a long Robâ—different from other Barristers and is then in a capacity to be made a Sergeant at Law the Sergeants being usually chosen out of these Readers The Manner of their Choice is thus When the Number of Sergeants is small the Lord chief-Chief-Justice of the Common Pleas by the advice and consent of the other Judges makes choice of some of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellour or Lord Keeper Who sends by the King 's Writ to each of them to appear on such a day before the King to receive the State and Degree of a Sergeant at Law At the appointed Time they being habited in party-coloured Robes come to Westminster-Hall accompany'd with the Students of the Inns of Court and attended by a Train of Servants and Retainers in their Cloth Liveries Where they take in publick a solemn Oath and are cloathed with Coifs which they wear always in publick After this they feast the great Persons of the Nation in a most splendid manner and present them with gold Rings
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business 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 though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or common-Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's
presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants 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 here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original
a King De Jure and a King De Facto But those Diseases I thank God are not so Epidemical as to indanger a Convulsion in the State There are excellent and approved Remedies for them in the Pastoral Letter of the present Bishop of Salisbury and in the Collection of Papers but particularly in the late Book put out by that eminent Divine Dr. Sherlock to which for brevity sake I referâ— the Diseased But if Reason cannot Time I hope will wear out their Distempers And so I bid them Farewell CHAP. XV. Of the present KING and QVEEN's Court. THeir Majesties Court is composed of two distinct Bodies one of Laymen another of Churchmen I shall begin with the first not out of any Disrespect to the second but because this seems to me the most proper and natural Method The Court-Laymen are subdivided into two distinct Parts Civil and Military But before we descend to Particulars 't is to be observed I. That the Court wherever it is has within it self a certain Latitude of Jurisdiction called the Verge of the Court which is every way within 12 miles of the chief Tunnel of the Court except London which is exempted by Charter II. That the King's Court or Pallace where is Majesty resides is counted so sacred a Place â—at not only Striking of any one there in â—assion is severely forbidden but also all Ocâ—asions of Striking The first by the ancient â—aws of England was punished with Death â—â—d Loss of Goods And to this day whoâ—â—er presumes to strike another within the Palâ—ce where the King's Person resides and does 〈◊〉 draw blood by his Stroke is liable â—thout His Majesties Pardon to lose his right Hand to be Fined at the King's Will and ly in Prison till the Fine be paid And further to deter any one from presuming to Strike in the King's Court the Punishment for it is executed with great Ceremony III. That as great as the Court is yet it falls much short of what it has been formerly whether we consider the prodigious Plenty the Court lived in or the Greatness of the Houshold The Diminution whereof was first occasioned by the Troubles in the Reign of Charles I continued by Charles his Son and made greater by the late King James Before the Troubles aforesaid this Court went far beyond all others in Plenty and Magnificence no less than 86 Tables being kept here furnished in all with about 500 Dishes each Meal with all Things sutable A Profuseness I confess becoming the Times when the English were more addicted to Feasting than they are at present But to come to the present State of the Court the King's Houshold is managed in chief by these three principal Officers whose respective Salaries I have annexed Viz.  Wages Board-wages The Lord Steward 100 00 00 1360 00 00 The Lord Chamberlain 100 00 00 1100 00 00 The Master of the Horse 1200 00 00  Under whom are almost all the King's Officers and Servants The Lord Steward is the Principal Officer oâ— the King's Houshold To whom the State oâ— the House is committed to be ruled by hiâ— Discretion and all his Commands in Court to be obeyed and observed His Authority reaches over all Officers and Servants of the King's House except those of the King's Chamber the Stable and the Chappel He is a White-Staff Officer and the White-staff is taken for a Commission In the King's Presence he holds it up in his hand and at other times when he goes abroad 't is carried by a Footman bare-headed Upon the King's Death he breaks his Staff over the King's Herse and thereby discharges all Court-Officers under him By his Office without any Commission he judges of all Treasons Murders Felonies and Bloudsheds committed in the Court or within the Verge Which is much for the King's Honour that where His Majesty is no Justice should be sought but immediately from his own Officers At the beginning of Parliaments he attends the King's Person and at the end he adjusts the Parliament Expences c. To take the Accounts for all Expences of the King's Houshold there is a Place at Court called the Compting-House And in this House is kept that ancient Court of Justice called the Green Cloth of a Green Cloth whereat the Court sits The Officers that sit in the Compting-House and at the Board of Green Cloth with their respective Salaries are Besides the Lord Steward in chief  Wages Board-wages The Treasurer and Cofferer of the Houshold 223 14 08  The Comptroller 107 17 06 1092 02 06 The Master of the Houshold 66 13 04 433 06 08 Two Clerks of the Green Cloth and Two Clerks Comptrollers each 44 06 08 455 13 04 Amongst which the Lord Steward the Treasurer and the Comptroller are usually of the King 's Privy Council and the two last are also White-Staff Officers Their Office in the Compting House is there to sit day by day to take as I said before the Accompts for all Expences of the King's Houshold to make Provisions for it to make the Payments and such Orders as they think fit for the Servants In short to Them is committed the Charge and Government of the King's House with Power to correct all the Servants therein that shall any way offend and to keep the Peace not only within it but within the Verge of the Court. And whereas the King's Servants are free from Arrest the Creditors of such as are backward to pay have no other way for Payment but to make their application to the Board of Green Cloth which upon hearing of the Matter take care to see Justice done to the Creditors In the Lord Steward's Absence the Treasurer has power with the Comptroller and Steward of the Marshalsea by virtue of their Office and without Commission to hear and determine Treasons Felonies and other Crimes committed within the King's Pallace and that by Verdict of the King's Houshold And if any Servant within the Check-Roll be found guilty of Felony he is incapable of the Benefit of the Clergy The Comptroller's Office is to Comptrol the Accounts of the Green Cloth The Cofferer pays the Wages to the King's Servants above and below Stairs and for the Houshold Provisions according to the Allowance and Direction of the Green Cloth He has also a particular Charge and Oversight of the inferiour Officers of the King's House The Master of the Houshold surveys the Accounts of the House The Clerks of the Green Cloth sum up all Bills of Comptrolment Parcels and Brievements And the two Clerks Comptrollers do let and allow them But besides the foresaid Officers belonging to the Compting House and Green Cloth there are inferiour Officers and Servants relating to the same Viz.  Per Annum  Wages Board-wages Two Yeomen each 05 00 00 73 00 00 Two Grooms each 02 13 04 54 15 00 A Messenger 02 13 04 37 06 08 In the inferiour Offices below Stairs all under the Lord Steward there is
eldest Sons Marquesses younger Sons Barons Vicounts eldest Sons Earls younger Sons Barons eldest Sons Vicounts younger Sons Barons younger Sons But 't is to be observed that all Dukes that are not Princes of the Bloud are preceded by these four Great Officers of the Crown though they be but Barons viz. the Lord Chancellour the Lord Treasurer the Lord President of the Privy Council and the Lord Privy Seal I leave out the Lord High Steward of England because none of this Office is continued beyond the present Occasion As for the Lord Great Chamberlain of England the Lord High Constable the Lord Marshal the Lord High Admiral the Lord Steward of the King's Houshold and the Lord Chamberlain of the King's Houshold they sit above all of their Degree only The Nobility of England have at all times injoyed many considerable Priviledges Though neither Civil nor Common Law allow any Testimony to be valid but what is given upon Oath yet the Testimony of a Peer of England given in upon his Honour without any oath is esteemed valid And whereas the law allows any one of the Commonalty arraigned for Treason or Felony to challenge 35 of his Jury without shewing Cause and others by shewing Cause a Peer of the Realm cannot challenge any of his Jury or put any of them to their Oath the Law presuming that they being Peers of the Realm and judging upon their Honour cannot be guilty of Falshood Favour or Malice In Criminal Causes a Peer cannot be tried but by a Jury of the Peers of the Realm who are not as other Juries to be put to their Oath but their Verdict given in upon their Honour sufficeth All Peers of the Realm being lookt upon as the King 's constant Counsellors their Persons are at all Times priviledged from Arrests except in Criminal Cases Therefore a Peer cannot be Outlawed in any Civil Action and no Attachment lies against him The only Way for satisfaction from a Peer is by Execution taken forth upon his Lands and Goods and not by Attachment or Imprisonment of his Person So tender is the Law of the Honour Credit Reputation and Persons of Noblemen that there is a Statute on purpose called Scandalum Magnatum to punish all such as by false Reports â—ring any scandal upon them They are exempted from all Attendance at Leets or Sheriffs Turns where others are obliged to take the Oath of Allegiance And whereas for the suppressing of Riots the Sheriff may raise the Posse Comitatus yet he cannot command any Peer of the Realm to attend that Service In Civil Causes they are not to be Impanelled upon any Jury or Inquest de facto though in a Matter between two Peers and if a Peer be returned upon any such Jury there lies a special Writ for his Discharge They are upon no Case to be bound to their good Behaviour or put to swear they will not break the Peace but only to promise it upon their Honour which was ever counted so sacred as upon no terms to be violated Every Peer of the Realm summoned to Parliament may constitute in his lawful absence a Proxy to Vote for him which none of the Commons may do And any Peer in a Place of Trust is free to make a Deputy to act in his absence whilst he attends the Person of the King Where a Peer of the Realm is Defendant no Day of Grace is to be granted to the Plaintiff the Law presuming that a Peer of the Realm must always be ready to attend the Person of the King and the Service of the Commonwealth Therefore he ought not to be delayed any longer than the ordinary Use of the Court but tâ— have expedition of Justice In any Civil Trial where a Peer of the Realâ— is Plaintiff or Defendant there must be at leasâ— one Knight returned of the Jury Otherwisâ— the Array may be quashed by Challenge In all Cases wherein the Priviledge of the Clergy is allowed to other Men and in divers Cases where that Priviledge is taken away from them a Peer of the Realm upon his Request shall be for the first time adjudged as a Clerk Convict though he cannot read And that without burning in the Hand loss of Inheritance or Corruption of Bloud In case of Amerciaments of the Peers of the Realm upon Non-Suits or other Judgments a Duke is to be amerced but Ten Pounds and all others under Five This to be done by their Peers according to Magna Charta though it has been often done of late by the King's Justices A Peer of the Realm being sent for by the King to Court Parliament Council or Chancery has the Priviledge passing by the King's Park or Forest both coming and returning to Kill one or two Deer An Earl has 8 Tun of Wine Custom-free and the rest proportionably All Peers of the Realm have a Priviledge of Qualifying a certain Number of Chaplains to hold Plurality of Benefices with Cure of Souls But it must be with a Dispensation first obtained from the Archbishop and the same ratified under the Great Seal of England Thus a Duke may qualify six Chaplains a Marquess and Earl five a Viscount four and a Baron â—hree A Peer of the Realm has also the Priviledge â—f Retaining six Aliens whereas another may â—ot Retain above four These are the chief Priviledges belonging to â—e Nobility of England which are great and â—onsiderable And yet none of them ever had the Priviledge of the Grandees of Spain to be covered in the King's Presence except Henry Ratcliff Earl of Surrey 'T is true the Princes of the Bloud have often had the honour of being covered but then it was by the King 's gracious Command not by virtue of any constant Priviledge Neither are our Noblemen exempted as in France from Tailles and Contributions but always bear a share proportionable And in case of a Poll-Act they are usually thus Rated according to their several Degrees of Honour Viz. Â l. s. d. A Duke 50 00 00 A Marquess 40 00 00 An Earl 30 00 00 A Viscount 25 00 00 A Baron 20 00 00 Those of their Sons which have attained to 16 Years of Age are thus taxed As. Â l. s. d. The Eldest Son of A Duke 30 00 00 The Eldest Son of A Marquess 25 00 00 The Eldest Son of An Earl 20 00 00 The Eldest Son of A Viscount 17 00 00 The Eldest Son of A Baron 15 00 00 A Younger Son of A Duke 25 00 00 A Younger Son of A Marquess 20 00 00 A Younger Son of An Earl 15 00 00 A Younger Son of A Viscount 13 06 00 A Younger Son of A Baron 12 00 00 The Nobles to bear up their Rank have generally great and plentiful Estates some of them beyond those of several Princes beyond Sea And till the Civil Wars in the Reign of Charles I. they lived with suitable splendour and Magnisicence Keeping a plentiful Table and a numerous Attendance with several Officers delighting in
not to be made up by new Creations but be suffered to diminish as appears by their Patent And yet the very Founder King James I transgressed the first his Rule by creating 203. Charles his next Successor made 455. But King Charles II outdid them both by creating near upon 900 during his Reign At this time there are reckoned above 700 living Sir Nicholas Bacon of Suffolk was the first Baronet created whose Successor is therefore stiled Primus Baronettorum Angliae No Honour is ever to be created between Barons and Baronets As for the other two Degrees of Knighthood they are but Personal and not Hereditary so that the Honour dies with the Person Knighted and descends not to his Son Knights of the Bath are so called from their Bathing the Night before the Creation within the Lists of the Bath The first of this sort were made by Henry IV but now they are usually made at the Coronation of a King or Queen or Creation of a Prince of Wales They wear a Scarlet Ribbon Belt-wise and take place of Knights Batchelours but come after Baronets There are but a few Knights of this Order Knights Batchelours are the lowest sort of Knights and the most common Anciently this Degree was in greater esteem than it is at the present when it was only conferred upon Sword-men for their military Service who from the Gilt Spurs usually put upon them were called in Latine Equites Aurati Whereas now a days this Honour is also bestowed upon Gown-men viz. Lawyers and Physicians And all the Ceremony used in their Creation is their Kneeling down before the King and His Majesties lightly touching them on the shoulder with a naked Sword Anciently there was another Sort of Knights now disused I mean the Knights Bannerets who were Knighted in the Field This Order was accounted very honourable had the precedency of the Knights of the Bath and bore their Arms with Supporters which was not allowed to any under this Degree Next to Knights are the Esquires so called from the French Escuyer this from the Latine Scutiger which Name was given of old to him that attended a Knight in time of War and carried his Shield Whereas Esquire with us is a meer Title of Dignity next to and below a Knight and signifies a Gentleman or one that beareth Arms as a Testimony of his Nobility and Gentry They who by right claim this Title now are all the younger Sons of Noblemen and by the Common Law of England their very eldest Sons are Esquires and no more Next are the Esquires of the King's Body the eldest Sons of Noblemens younger Sons Knights eldest Sons and their elder Sons for ever Next Esquires created by the King by putting about their Necks a Collar of S's and bestowing on them a pair of Silver Spurs Those that are reputed or lookt upon as equal to Esquires tho none of them be really so are several Magistrates and Officers in the King's Court as Judges Sergeants at Law Sheriffs Mayors Justices of the Peace Counsellors at Law and the principal Commanders of an Army So Heads of Houses in the Universities Doctors of Law Physick and Musick usually take place next to Knights and before ordinary Gentlemen Lastly Gentlemen are properly such as are descended of a good Family bearing a Coat of Arms without any particular Title And these we call Gentlemen born But Use has so far stretched the signification of this Word both high and low that every Nobleman nay the King himself may be called a Gentleman And on the other side any one that without a Coat of Arms has either a liberal or genteel Education that looks Gentleman-like whether he be so or not and has wherewithall to live freely and handsomely is by the Courtesy of England usually called a Gentleman Others by their Offices are lookt upon as such particularly most of the King 's Menial Servants and the principal Officers in Noble-mens Families c. The Military Profession which has been always counted Noble seems to give the very meanest Professors of it a Title to this Quality But it is more particularly adapted to two distinct Bodies of the King's Guards the one called Gentlemen Pensioners who gard his Person within Doors and the other the Gentlemâ—n of the Guard by whom is meant his Body of Horse Guards who gard the Kings Person on horseback without Doors As in Germany all Noblemens so in England all Gentlemens Arms descend to all the Sons alike Only the eldest Son bears Arms without difference which the younger may not Besides above 700 Knights Baronets and the few Knights of the Bath there are reckoned to this day above 1400 ordinary Knights and 6000 Esquires and Gentlemen whose younger Brothers in all may make up at least 12000 all over England And the Land in the Possession of them all has been computed to amount at least to four Millions yearly The Law of England which is so Favourable to the Nobility has not a proportionable Regard for the Gentry For whether they be Knights Esquires or Gentlemen they are all reckoned by law even Noblemens Sons amongst the Commons of England So that the eldest Son of a Duke though by the Courtesy of England stiled an Earl shall be Arraigned if charged with a Crime by the Title of Esquire only and tried by a Jury of Common Free-holders In Parliament he can sit only in the House of Commons if elected unless he be called by the King 's Writ to the House of Lords Knights are distinguished in England by the Title of Sir prefixt to their Christen names And Gentlemen have no other Title but that of Master when spoken of and that of Sir when spoken to But if one writes to an Esquire the Direction ought to be thus as To Thomas Whitfield Esquire The Epithet of Honourable is usually given to any Knight Esquire or Gentleman distinguished by some eminent and personal Worth CHAP. XXI Of the Commonalty of England BY the Commonalty I mean Yeomen Merchants Artificers Tradesmen Mariners and all others getting their Livelyhood after a Mechanick Way Yeomen are such amongst the Commonalty who having Land of their own to a good value Keep it in their own hands husband it themselves and live with their Families upon it They are therefore by the Law called Freeholders because they hold Lands or Tenements Inheritable by a perpetual Right to them and their Heirs for ever Their Number is great in England and many of them have Estates fit for Gentlemen Forty or Fifty pounds a Year is veâ—â—â—ordinary 100 or 200 l. a Year in some Counties is not rare in Kent there are those who have 1000 l. and some more per Annum Which is not easy to be found amongst Men of this Rank any where else in Europe And whereas Husbandry is commonly lookt upon as the most innocent Life and the freest from the Corruption and Cheats that attend other Professions therefore the Law of England has a better
of the House or to speak irreverently of the Court of Parliament in Time of Parliament several have been sent for by the Sergeant to answer it to the House and Committed Dec. 1641. it was Resolved that the setting of any Gards about this House without the Consent of the House is a Breach of the Priviledge of this House and that therefore such Gards ought to be dismissed Which Resolve was followed by three others Nemine Contradicente The first that the Priviledges of Parliament were broken by his Majesties taking notice of the Bill for suppressing of Souldiers being in agitation in both Houses and not agreed on The second that his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to Him by the Consent of both Houses was a Breach of the Priviledge of Parliament The third that His Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and preparation of that Bill was a Breach of the Priviledge of Parliament And whereas in January following the King did come to the House of Commons in a warlike manner with armed Men some posted at the very Door of the House and others in other Places and Passages near it to the Disturbance of the Members then fitting and treating in a peaceable and orderly manner of the great Affairs of the Kingdoms of England and Ireland and His Majesty having placed himself in the Speakers Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House that the same is a high Breach of the Rights and Priviledges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with safety of their own Persons or the Indemnities of the Rights and Priviledges of Parliament sit there any longer without a full Vindication of so high a Breach of Priviledge and a sufficient Gard wherein they might conside Lastly both Houses of Parliament are the proper Judges of their respective Priviledges and the inferiour Courts have nothing to do with it CHAP. II. Of the King's Privy Council NEXT to the Court of Parliament which is the great Wheel that gives motion to the rest is the Kings Privy Council A Court of great Honour and Antiquity Incorporated as it were to the King Himself and bearing part of his Cares in the great Bufiness of the Government Insomuch that upon their Wisdom Care and Watchfulness depends the Honour and Welfare of His Majesties Dominions in all Parts of the World For according to their Oath they are chiefly to Advise the King upon all Emergencies to the best of their Judgment with all the Fidelity and Secrecy that becomes their Station And as the King has the sole Nomination of them so 't is his main Interest to make choice of such eminent Persons as are best able with their Wisdom Experience and Integrity to â—nswer those great Ends they are appointed for They ought to be Persons of several Capacities that nothing be wanting for good Counsel and Advice in a Court from whence in a great measure depends the Safety Honour and Welfare of the King and Kingdom Generally they are pickt out amongst the Nobility and for Things that relate to Church Affairs the Arch-bishop of Canterbury and the Bishop of London use to be Members thereof In the late Kings Reign not only Popish Lords were admitted contrary to Law but in defiance as it were of the Nation a Traytor by the Law and the worst of Counsellours a mercurial hot-headed Jesuit whose pernicious Counsels and Influences proved accordingly fatal to King James and all the Popish Party As for the Number of Privy Counsellours 't is at His Majesties pleasure Anciently they used to be but twelve or thereabouts but since their Number has increased sometimes to forty The Privy Council is kept in the Kings Court or Pallace and the King himself do's commonly sit with them The usual Days for their sitting is Wednesdays and Fridays in the Morning out of Parliament or Term-time and in the Afternoon in Parliament or Term-time But upon extraordinary Occasions the King calls them together at any time Accordingly they wait on His Majesty in the Council-Chamber and fit at the Council Board in their Order bare-headed when the King presides To whom His Majesty declares what He thinks fit and desires their Advice in it At all Debates the lowest Counsellour delivers his Opinion first that so he may be the more free and the King last of all by declaring his Judgment determines the Matter 'T is with the Advice of the Privy Council that the King puts out Proclamations Orders and Declarations which being grounded upon Statute or Common Law are binding to the subject And upon any sudden Emergency â—herein the publick Safety may be Indangered â—or want of speedy Redress the King and Council may take a latitude of Power sutable 〈◊〉 the Occasion Formerly the Council heard and determiâ—ed Causes between Party and Party But of â—te lest private Causes should hinder the Publick they seldom meddle with them but leave â—em to the Kings Courts of Justice There are two distinct and important Offices â—longing to this Court. The first is the Lord Presidents who is one of the Nine Great officers of the Crown He is called Lord Preâ—â—dent of the Privy Council because by his office he is in a manner the Director of it â—Tis he that reports to the King when His â—ajesty has been absent from the Council the â—ate of the Businesses transacted there The other Great Office is that of Secretary â—mmonly called a Secretary of State which â—rmerly was single till about the end of Henry III. his Reign Who considering the Imâ—rtance of this great and weighty Office â—ought fit to have it discharged by two Perâ—â—ns of equal Authority and therefore both â—ed Principal Secretaries of State In those Days and some while after says 〈◊〉 Chamberlain they sat not at Council-board 〈◊〉 having prepared their Business in a Room joyning to the Council-Chamber they came 〈◊〉 and stood on either hand of the King â—d nothing was debated at the Table until 〈◊〉 Secretaries had gone through with their Proposals Which Method afterwards was altered in Q. Elizabeths Reign who seldom coming to Council ordered the two Secretaries to take their places as Privy Counsellours which has continued ever since And a Council is seldom or never held without the presence of one of them at the least Besides the publick Concerns of the Nation most of which pass through their hands they are also concerned with Grants Pardons Dispensations c. relating to private Persons For in their hands are lodged most of the Subjects Requests to be represented to the King whereupon they make Dispatches according to His Majesties Directions In short so great is their Trust and their Imployment of that great latitude that it requires their
Writs These are in the Gift of the Lord Chief Justice and hold for Life As also The four Exigenters whose Office is to make all Exigents and Proclamations in all Actions where Process of Outlawry does ly Now an Exigent is a Writ so called because it requires the Parties Appearance to answer the Law and lies against a Transgressor of the Law that can't be found nor any of his Goods within the County Whereupon he is Summoned by the Sheriff at five several County Courts and if he appear not he is Outlawed that is excluded from the Protection of the Law Which looks upon him as unworthy of it that acts in contempt of the Law Lastly there are four Criers and a Porter belonging to this Court CHAP. VI. Of the Courts of Exchequer and Dutchy of Lancaster THese two I joyn together because they both concern the King's Revenue and take Cognizance of all Causes arising from it The Judges of this Court are called Barons of the Exchequer ever since Barons of the Realm used to sit here as Judges though in latter times Men learned in the Law have usually filled up this Station They are commonly four that sit in this Tribunal as in the two former Courts the principal whereof is stiled Lord Chief Baron But 't is to be observed that the Lord Treasurer and the Chancellour of the Exchequer may sit here as Principal though they seldom do it The Lord Chief Baron is created by Letters Patents to hold this Dignity Quamdiu se bene gesserit which the Law intends for Life so that he is better fixed than either of the Chief Justices His Place is of great Honour and Profit In Matter of Law Information and Plea he answers the Bar and gives Order for Judgement thereupon He alone in the Term-time doth sit upon Nisi prius that come out of the King's Remembrancer's Office or out of the Office of the Clerk of the Pleas which can not be dispatched in the Mornings for want of time He takes Recognizances for the King's Debts for Appearances and Observing of Orders He takes the Presentation of all Officers in Court under himself and of the Mayor of London and sees the King's Remembrancer to give them their Oaths He also takes the Declaration of certain Receivers Accounts of the Lands of the late Augmentation made before him by the Auditors of the Shires and gives two Parcel-makers Places by vertue of his Office In his absence his Place is supplied by the other three Barons his Assistants according to their Seniority These Judges and those of the two former Courts of King's Bench and Common Pleas make up the Number of Twelve who all sit in on their Tribunals in Robes and square Caps Next to the four Barons of this Court is first the Cursitor who administers the Oath to the Sheriffs Under-Sheriffs Bayliffs Searchers Surveyors c. of the Custom-House Then the King's Remembrancer in whose Office are entred the States of all Accompts whatsoever concerning the King's Revenue except Sheriffs and Bayliffs Accounts Here also are taken all Securities either by Bonds or Recognizances to the King for the faithful Performance of those Persons imployed in the Collecting of his Majesties Revenue and for the Payment of his Debts And all Proceedings upon the said Bonds or Recognizances or any other Bonds taken in the Kings Name by Officers thereunto appointed under the Great Seal of England besides all Proceedings upon any Statute by Information for Custom Excises or any other Penal Law concerning the Kings Revenue are transmitted hither for the Recovery thereof and properly belong to this Office From whence accordingly issue forth Process to cause all Accountants to come in and account And as the Exchequer do's consist of two Courts the one of Law and the other of Equity all Proceedings touching the same are in this Office with many other Things relating to the Kings Revenue To this Office being in the Kings Gift belong eight sworn Clerks whereof the two first are called Secondaries The Lord Treasurer's Remembrancer who makes Process against all Sheriffs Receivers Bayliffs c. for their Accompts and into whose Office all Charters and Letters Patents upon which any Rents are reserved to the King are transcribed and sent by the Clerk of the Pettibag Out of this Office Process is made to levy the Kings Fee-Farm Rents c. This Office is likewise in the Kings Gift and there are several Clerks belonging to it the two first being distinguished from the rest by the Name of Secondaries The Remembrancer of the First-fruits and Tenths who takes all Compositions for the same and makes Process against such as do not pay them He has two Clerks under him The Clerk of the Pipe who receives into his Office all Accompts which pass the Remembrancer's Office He makes Leases of the Kings Lands and extended Lands when he is ordered so to do by the Lord Treasurer and Chancellor of the Exchequer or the Lords Commissioners of the Treasury He has under him 8 sworn Clerks by whom all Accounts of Sheriffs and Bayliffs are made up and when the Accounts are even he gives the Accomptants their Quieâ—us est All Tallies which vouch the Payments contained in such Accounts are examined and allowed by the chief Clerk in the Pipe called the Secondary The Comptroller of the Pipe who writes out the Summons twice every Year to the high Sheriffs to levy the Debts charged in the great Roll of the Pipe He also writes in his Roll all that is in the great Roll and nothing entered in this can be discharged without his privity The Forein Opposer whose Office is to oppose all Sheriffs upon the Schedules of the Green Wax This Office is kept in Grays-Inn The Clerk of the Pleas in whose Office all the Exchequer Officers and other Debtors to the King are to plead and be impleaded as at the Common Law The Reason why it is done here is because their Attendance is required in this Court. And therefore here are four sworn Attorneys The Clerk of the Estreats who receives every Term the Estreats or Extracts out of the Lord Treasurer's Remembrancer's Office and â—rites them out to be levied for the King He â—lso makes Scheduâ—es of such Sums as are to be â—ischarged A Clerk of the Parcels and another of the â—ichils Two Auditors of the Imprest who Audit the great Accompts of the Kings Custoâ—s Wardrobe â—int First-fruits and Tenths Naval and Miâ—tary Expences Moneys Imprested c. Seven Auditors of the Revenue who Audit all Accompts of the Kings Lands Revenue and all Taxes granted by the Parliament There are also several Receivers of the Kings Revenues arising from Lands and Rents whose Accompts are yearly made up by the Auditors To which add a Receiver of the First-Fruits Revenue As for the Tenths the Bishops are Collectors of them and account yearly for the same But there are two other considerable Officers not to be omitted viz. the Deputy Chamberlains In whose
Office at Westminster are preserved all the Counterfoils of the Tallies ranged by Months and Years and by that means easily found out to be joyned with their respective Stock or Tally There is also the chief Vsher of the Exchequer an Office of Inheritance four Vnder-Vshers a Marshal and six Messengers As to the Court of the Dutchy of Lancaster also kept at Westminster it concerns particularly the Revenue belonging to that Dutchy long since annexed to the Crown The chief Judge of this Court is the Chancellour of the Dutchy assisted by the Attorney of the same Next to whom is the Receiver General the Vice-Chancellor of the Dutchy the two Auditors the Clerk of the Dutchy and a Messenger CHAP. VII Of the Sheriffs and their two Courts called the county-County-Court and the Sheriffs Turn of Justices of Peace and their Quarter-Sessions with an Account of the Grand Jury of the Coroners Clerks of the Markets and their Courts FOR the Civil Government of Counties Cities Towns and Villages there are divers Officers to whom belong several Courts for the due Administration of Justice First in every County except Durham and Westmorland there is a Sheriff which is a yearly Office the Power whereof extends all over the County except such Cities and Towns as are Counties of themselves that is which have the Priviledge of Counties In Middlesex only there are two Sheriffs upon the account of London the Capital City of the Kingdom The Sheriffs were heretofore chosen as Knights of the Shire by the Suffrages of the People But now they are appointed by the King after this manner First the Judges nominate six fit Men of each County that is Knights or Esquires of good Estates Out of that Number three are chosen by the Privy Counsellors and the twelve Judges assembled in the Exchequer and there sworn in order to it And out of this Number the King himself chuses whom he thinks fit Heretofore the same Sheriff served many years together and to this day this Office is hereditary to the Cliffords in the County of Westmorland by Charter from King John The Sheriffs Office is both Ministerial and Judicial As Ministerial he is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to Impannel Juries to bring Causes and Criminals to Trial and to see the Sentences executed In short there is no Execution of the Law but by the Sheriff for by him all Suits begin and all Process served He is likewise to collect all publick Profit as Taxes Fines Distresses and Amerciaments into the Kings Exche quer or where-ever the King shall appoint and to make such Payments out of it as he shall have due Order for At the Assizes he is to wait on and gard the Itinerant Judges so long as they continue within the County As to the Judicial Part of his Office he holds by virtue thereof two several Courts the one called the County-Court and the other the Sheriffs Turn The County-Court is held every Month by the Sheriff himself or his Deputy the Vnder Sheriff wherein he hears and determines Civil Causes of the County under 40 shillings which anciently was a considerable Sum. But this is no Court of Record The Sheriffs Turn is held twice a Year viz. within a month after Easter and within a montâ— after Michaelmas In this Court he inquire of all Criminal Offences against the Common Law wherein he is not restrained by any Statute For all the Bishops Earls Barons and all such as have Hundreds of their own to be kept are exempted from the Jurisdiction of this Court. In short this is a Court of Record in all Things that belong to it 'T is the Kings Leet through all the County whereof the Sheriff is Judge this Court being incident to his Office The Justices of Peace anciently called Wardens or Gardians of the Peace are such amongst the Gentry and sometimes amongst the Clergy as are appointed by the Kings Commission to attend the Peace of the County where they dwell Their Original is from the first year of Edward the III but they were not called Justices till the 36th Year of his Reign Their Office is to call before them examine and commit to Prison Rioters wandering Rogues Thieves Murderers false Moneyers those that hold Conspiracies and almost all Delinquents that may occasion the Breach of Peace and Quiet to the Kings Subjects and to see them brought forth in due time to Trial. If any one Swears himself to be in danger of his Life upon the Threats of another he may bind him over to his good Behaviour and the Justice shall commit him to Prison unless the finds good Security for his good Behaviour during a Year and a Day Among the Justices of Peace the Number whereof is as His Majesty thinks fit there are some particularly called Justices of the Quorum from these Words in the Commission Quorum A.B. unum esse volumus As for Example Where a Commission is directed to seven Persons or any three of them Whereof A.B. and C.D. to be two these are said to be of the Quorum because the rest cannot proceed without them So that a Justice of Peace and Quorum is one without whom the rest of the Justices in some Cases cannot proceed Every Quarter or three Months the Justices of each County meet at the chief or Shire Town from whence this Court came to be called the Quarter Sessions Where the Grand Inquest or Jury of the County is summoned to appear who upon Oath are to inquire of Malefactors Rioters and suspected Persons The G and Jury do's commonly consist of 24 grave and substantial Gentlemen or some of the better sort or Yeomen chosen indifferently or at least ought so to be by the Sheriff out of the whole Shire to consider of all Bills of Inditement preferred to the Court. Which Bills they do either approve by Writing upon them Billa Vera or disallow by indorsing Ignoramus Presently upon the Allowance of a Bill the Party concerned is said to be Indited and is committed to Prison But what Bills are Disallowed are delivered to the Bench by whom they are forthwith cancelled or torn If the approved Bills touch Life and Death they are further referred to another Jury to be considered of because the Case is of such Importance but others of lighter moment are proceeded upon by fining the Delinquents without any more ado Unless the Party traverse the Inditement or challenge it for Insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Jury and in the latter transmitted to a higher Court. In short the Trial is usually referred to the next Assizes when the Judges at Westminster go their Circuits Originally this Court seems to have been erected only for Matters touching the Peace but now it extends much further The Sheriff or his Under-Sheriff is bound to attend upon this Court with his Constables Bayliffs
thereof Justices of Assize from their Commission of Assize by vertue whereof they are to do Right upon Writs called Assizes and brought before them by such as are or pretend to be wrongfully thrust out of their Lands The Writs so called 1. Because they settle the Possession and so an outward Right in him that obtaineth by them 2. Because they were originally executed at a certain Time and Place formerly appointed 3. For that they are tried commonly by special Courts appointed for that purpose But besides this Commission there are four others by which these Itinerant Judges administer Justice in the Country As the Commission to take Nisi-prius directed to none but the Judges themselves and their Clerks of Assizes by which they are called Justices of Nisi prius Which is a common Adjournment of a Cause in the Common Pleas to put it off to such a Day Nisi prius Justiciarii venerint ad eas Partes ad capiendas Assisas from which Words Nisi prius the Writ came to be called a Writ of Nisi prius the Justices Justices of Nisi prius as well as Justices of Assize Yet there is this Difference that as Justices of Assize they have Power to give Judgement in a Cause whereas Justices of Nisi prius take only the Verdict Besides that those in a strict sense meddle only with the possessory Writs called Assize but these do deal in Causes both real and personal Another is a Commission of Peace in every County of the Circuit But the largest Commission of all is That of Oyer and Terminer directed to the Judges and many others of the best account in their Circuits but in this Commission the Judges of Assize are of the Quorum so as without them there can be no Proceedings This Commission gives them Power to judge of Treasons Murders and all manner of Felonies and Misdemeanors Lastly they have a Commission of Goal Delivery directed only to themselves and the Clerk of the Assize associate By which Commission they are to deal with every Prisoner in Goal for what Offence soever he be there Now these Courts are usually held at the principal Town of every County with great pomp splendour and feasting two Judges being appointed for every Circuit Then the Sheriff of the County is bound to attend in person with his Under-Officers the Clerks Stewards of Courts Bayliffs of Hundreds Constables Jaylors Sergeants or Beadles and a gallant Train of Servants in rich Liveries all riding on Horseback at the Reception of the Judges whom they wait on and guard so long as they continue in the County If the Sheriff cannot come himself he must depute one to fill up his Place who is to be allowed by the Judges The Justices of Peace are also to wait on the Judges And if either the Sheriff or they fail in this part of their Duty without lawful Impediment the Judges may set a Fine upon him or them at their pleasure and discretions The Dispatch of these Itinerant Judges in the Administration of Justice in their several Circuits is worthy our Observation For within each County all Controversies grown to Issue in the Courts at London are commonly determined here in two or three Days Which is done not as in forein Countries by the sole Arbitrement of the Judges but by a Jury of Twelve Men in each County chosen by the Sheriff thereof and only directed in point of Law by the Judges For every Trial by Assize be the Action civil or criminal publick or private personal or real is referred for the Fact to a Jury as it is in most Courts of the Common Law and as they find it so passeth the Judgement The Way of Trying Criminals in England being something singular and different from other Nations it will not be improper after that excellent and most ingenious Author Sir Thomas Smith to shew the Manner of it were it but for the satisfaction of Foreiners How Criminals are taken into Custody in order to their Trial and how the same are Indited at the Quarter-Sessions I have already shewed The Inditement is no definitive Sentence but only Praejudicium or the Opinion the Country has of the Malefactors Case Therefore Men are often Indited in their absence But no Man once Indicted can be delivered without an Arraignment for as a Jury of Twelve Men have given a Prejudice against him so Twelve again must acquit or condemn him At the Assizes the Judges sit either in the Town-house or in an open Place where a Tribunal is set up for Judgement The Judges sit in the middle the principal Justices of Peace on each side of them according to their Degree and the rest on a lower Bench before the Judges Seat Something lower a Table is set before them at which the Custos Rotulorum or Keeper of Writs the Under-Sheriff the Escheater and the Clerks do sit Near the Table there is a Bar for the Jury to come in when they are called and behind that space another Bar for the Prisoners to stand at who are brought thither in Chains Then the Cryer crieth and commandeth Silence One of the Judges makes a short Speech wherein he declares amongst other Things the cause of their coming His Speech is no sooner ended but the Prisoners are called in by Name and every one must answer to his Name Then the Keeper of the Writs produces the Inditements and the Judges name one or two or three of the Prisoners Indited to proceed upon their Trial. The Clerk bids one of them come to the Bar and hold up his hand Then he charges him with his Crime to which he bids him answer Guilty or Not Guilty If the Prisoner stands mute and will not answer after he has been once or twice so Interrogated which happens very seldom he is Judged Mute or Dumb by Contumacy the Punishment whereof is to be Pressed to Death of which more afterwards If the Prisoner cries Guilty which is but seldom too his Trial is over and all the Business is to pronounce Sentence upon him according to Law But the common Answer is Not Guilty though the Party be never so apparently Guilty and his Answer be perhaps contrary to his Confession of the Fact before the Justice of Peace by whom he was examined and committed The Reason is because he flatters himself that he may chance to come off for want of right Evidence For the Law of England is so tender of Mens Lives that unless the Evidences which are upon their Oaths be positive and clear against any Prisoner he may come off Upon the Prisoner's pleading Not Guilty the Clerk asketh him whether he will be Tried by God and the Country If he answer Yes the Clerk tells him he has been Indited of such a Crime c. That he has pleaded Not Guilty to it â—nd that being asked how he would be Tried he has answered by God and the Country Then he tells him of the Jury present that represent the
the Letter T. for a Thief or M. for Manslayer Then he is delivered to the Bishops Officer to be kept in the Bishops Prison from whence after a certain time he is delivered by a Jury of Clerks But if he be taken and found Guilty again and his Mark discovered then 't is his Lot to be hanged But he whom the Jury pronounces Not Guilty is Acquitted forthwith and Discharged paying the Jaylor his Fees And as to those Prisoners who stand not Indited but were only sent to Prison upon Suspicion the Way is to Proclaim 'em first in this manner A. B. Prisoner stands here at the Bar If any Man can say any thing against him let him now speak for the Prisoner stands at his Deliverance If upon this no Evidence appears against him he is set free paying the Jaylor his Fees Which Way of Deliverance is called Deliverance by Proclamation CHAP. X. Of the Court Martial and Court of Admiralty THE Court Martial otherwise called Court of Chivalry is the Fountain of Martial Law and is only held in Time of War for Martial Discipline The proper Judges of this Court are the Lord High Constable and the Earl Marshal of England which last is also to see Execution â—tone The Court of Admiralty is about Maritime Concerns and the Judge thereof is commonly 〈◊〉 Dr. of the Civil Law For the Sea being out of the reach of the Common Law the Proceeding of this Court in all Civil Matters is according to the Civil Law And whereas the Sea by its Flux and Reâ—ux advances and runs-back twice a Day which makes the Bounds of the Sea and Land â—ovable every Day It is agreed upon that 〈◊〉 far as the Low-Water Mark is observed is within the Counties Jurisdiction and Causes â—ence arising are Determinable by the Common Law But upon a full Tide the Admiral has â—urisdiction as long as the Sea-flows over â—ll Matters done between the Low-Water Mark and the Land So that here is as Dr. Chamberlain says Divisum Imperium between the Common Law and the Court of Admiralty Besides the Civil Law which this Court proceeds by great Use is made here of the Maritime Laws of Rhodes and Oleron two Islands the former whereof is in the Mediterranean not far from the Continent of Asia the other in the Ocean near the Mouth of the Garonne in the Bay of Aquitain The Rhodian Laws were compiled by the Inhabitants of Rhodes a People anciently very powerful at Sea and whose Maritime Laws were esteemed so just and equitable that the very Romans so skilful in making of good Laws referred all Debates and Controversies in Sea-Affairs to the Judgment of the Rhodian Laws Those of Oleron called le Rolle d' Oleron were made by Order of King Richard I theâ— possessed of Aquitain and being at Oleron Which proved such excellent Laws for Sea-Matters that they came to be almost aâ— much respected and made use of in these Western Parts as the Rhodian Laws in the Levant To which King Edward III added very excellent Constitutions concerning Maritime Affairs still in force In Imitation whereof several other Sea-faring Nations have done the like for their respective Sea-Trade As to Criminal Matters especially about Piracy the Proceeding in this Court of Admiralty was according to the Civil Law till the Reign of Henry VIII When two Statute were made for Criminal Matters to be trieâ— by Witnesses and a Jury by the Kings special Commission to the Lord Admiral where 〈◊〉 some Judges of the Realm are ever Commissioners The Writs and Decrees of this Court run in â—he Name of the Lord High Admiral or Lords commissioners executing that Office and are â—irected to all Vice-Admirals Justices of â—ace Mayors Sheriffs Bayliffs Constablesâ—â—arshals and other Officers and Ministers as â—ell within Liberties as without To this Court belongs a Register and a Marâ—al The Marshal attends the Court and carâ—es a Silver Oar before the Judge whereon â—e the Kings Arms and the Lord High Adâ—irals Here the Lord Admiral has his Advocate â—d Proctor by whom all other Advocates and â—â—octors are presented and admitted by the â—â—dge All the Places and Offices belonging 〈◊〉 this Court are in the Gift of the Lord â—â—igh Admiral and now of the Lords Comâ—issioners The Court is held in the Afternoon in the common Hall at Drs. Commons But the Adâ—iralty-Session for the Trial of Malefators and Crimes committed at Sea is still â—eld at the ancient Place viz. S. Margaret's â—ll in Southwark CAHP. XI Of the Court of Marshalsea the Courts of Conscience the Court of Requests disused the Forest-Courts and Pie-powder Courts THE first is the Court or Seat of the Knight Marshal of the Kings House where he judges of Debts for which the Party has been Arrested within the Kings Verge and sent to the Marshalsea Which iâ— a Prison in Southwark where this Court iâ— kept King Charles I. erected a Court by Letters Parents under the Great Seal by the Name oâ— Curia Hospitij Domini Regis c. which takes Cognizance more at large of all Causes thaâ— the Marshalsea could of which the Knight Marshal or his Deputy are Judges The Courts of Conscience are inferiour Courtâ— established and settled by Parliament in many Parts of the Realm for the Relief of poâ—â— People whose Debt do's not amount to forty Shillings So that by any of these Courts the Creditor may recover his Debt and the Debtor pay it at an easy rate As for the Court of Requests 't was a Court of Equity much of the same nature with the Chancery but inferiour to it Called Court â—f Requests as being principally Instituted for the help of such Petitioners as in conscionable cases dealt by Supplication with the King This Court followed the King and was not â—xt in any Place But in process of time it â—sumed so great a Power and grew so burdenâ—â— and grievous to the Subject that it was â—ken away together with the Star-Chamber 〈◊〉 Statute made in the Reign of Charles I. For the Conservation of the Kings Forests â—â—d to prevent all Abuses therein there are â—ree Courts established one called the Juâ—ice of Eyres Seat another the Swainmote and â—â—e third the Court of Attachment The first is or should be by ancient Cuâ—â—m held every third Year by the Justices Eyre of the Forest journeying up and down 〈◊〉 the purpose aforesaid Swainmote is another Court as incident to a forest as a Pie-powder Court to a Fair. By â—e Charter of the Forest it is held thrice a â—ear before the Verderors as Judges What â—hings are Inquirable in the same you may 〈◊〉 in Cromp. Jurisd fol. 150. The lower Court is called the Attachment because the Verderors of the Forest have thereâ— no other Authority but to receive the Attchments of Offenders against Vert and Veniâ—n taken by the rest of the Officers and to Inrol â—â—em that they may be presented and punishâ—â— at the next Justice-Seat Now the Attachments are made three
were not fit to live in the World In England where they are charitably lookt upon as reconciled to God upon their penitent Departure out of this World their Friends are allowed to inter them decently where they think fit He therefore that has Friends to look to his Burial go's to the Place of Execution his Coffin in the Cart with him a good Memento Mori And after he has hanged about a quarter of an hour he is cut down laid in his Coffin and conveyed in a Coach to the Place from whence he is designed to be buried But Apostates Hereticks and Extorsioners all perjured Persons and such as die Excommunicate also any one that is Felo de se or that has wittingly made himself away all such are by Law denied Christian Burial And so are for the most part Men that die for High Treason and Robbers guilty of Murder For Petty Larceny or small Theft that is under the ancient value of 12 d. the Punishment since Edward III. is by Whipping and in the late Reigns has been often by Transportation into the West-Indies where they live for some Years a slavish Life But if the Ofsender be found by the Jury to have fled for the same he forfeits all his Goods For Misprision of High-Treason that is for neglecting or concealing it the Offender's Punishment is Forfeiture of the Profits of his Lands during Life and of all his Goods besides Imprisonment for Life Perjury whereby Mens Estates Reputation and Lives ly at stake is commonly punished only with the Pillory never with Death though it has cost the Lives of many 'T is true a Perjurer Convict is by Law incapable of being a Witness or Administrator or of bearing any publick Office And in the strictness of the Law he ought to be burnt in the forehead with a P his Goods to be Confiscated and his Trees growing upon his Ground rooted up But all this is counted too little by those Nations where wilful Perjury is punished with Death At least it seems but equitable which is the Practice of Spain that the Perjurer should suffer the same Punishment which he intended for another by his Perjury Forgery Blasphemy Cheating Libelling False Weights and Measures Forestalling the Market Offences in Baking and Brewing are also punished with standing in the Pillory But sometimes the Offender is Sentenced besides to have one or both Ears nailed to the Pillory and cut off or his Tongue there bored through with a hot Iron For Striking in the Kings Court so as to draw Bloud the Criminal is to have his right Hand cut off in a most solemn manner And for Striking in Westminster-Hall whilst the Courts of Justice are there sitting the Offender is imprisoned during Life and all his Estate forfeited For one found in a Praemunire that is one who incurs the same Punishment which was inflicted on those who transgressed the Statute of Rich. II. commonly called the Statute of Praemunire which Statute was properly made against such as avouched the Popes pretended Right of bestowing by Provision most of the best Livings in England by Mandates the Punishment is Forfeiture of all his Estate to be put out of the King's Protection and Imprisoned during the King's Pleasure Vagabonds and the like who can give no good account of themselves are punished by setting their Legs in the Stocks for certain hours And Scolding Women that are always teazing their Neighbours by being set in a Cucking Stool placed over some deep Water and duck'd therein three several times to cool their heat and choler Other Misdemeanours are commonly punished with Imprisonment or Fines and sometimes with both Those are the Corporal Punishments commonly used in England for Criminals that happen to fail into the hands of Justice But there are also Spiritual Punishments such as concern the Soul especially and are in the power of the Spiritual Courts 'T is true they are but seldom put into practice but let us see however what the Law is in this point First for refusing to appear in the Ecclesiastical Court upon Summons or for not obeying the Orders of the Court the Party Delinquent is admonished If he slight the Admonition then comes upon him Minor Excommunicatio the Lesser Excommunication whereby he is Excommunicated or excluded from the Church if not from the Church at least from the Communion of the Lords Supper And by this lesser Excommunication he is disinabled to be Plaintiff in a Law-suit c. Which Power of Excommunication the Bishop may delegate to any grave Priest with the Chancellour But for Heresy Incest Adultery Perjury and other grievous Crimes Excommunicatio major or the greater Excommunication is used and pronounced by the Bishop himself in person Now this is not only an Exclusion from the Company of Christians in Spiritual Duties but also in Temporal Concerns For a Person so excommunicated cannot in any Civil or Ecclesiastical Court be Plantiff or Witness And if he continue 40 Days Excommunicated without acknowledging and giving satisfaction for his Offence the Chancery grants the King 's Writ against him De Excommunicato capiendo to take him up and cast him into Prison without Bail where he is to ly till he has fully satisfied for his Offence Then comes the Anathema but this is only inflicted upon an obstinate Heretick Whereby he is declared a publick Enemy of God cursed and delivered over to eternal Damnation And this is to be â—one by the Bishop himself in Person assisted by the Dean and Chapter or twelve other grave Priests Sometimes the Delinquent is compelled to make a publick Confession of his Fault and to bewail it in the Church before the whole Congregation Now this is called a publick Penance and the Manner of it is thus The Delinquent is to stand in the Church-porch upon a Sunday bare-headed and bare-footed in a white Sheet and with a white Rod in his hand Having there bewailed himself and begged every one that passes by to pray for him he enters the Church falling down and Kissing the Ground Then he is placed in the middle of the Church in a conspicuous Place over against the Minister Who makes a Discourse upon the foulness of his Crime and having received his humble Acknowledgement of the same and his solemn Promise with God's help and assistance to watch more carefully for the time to come against the Temptations of the World the Flesh and the Devil pronounces in Christ's Name the Absolution The Penitent on his side humbly beseeches the Congregation to pardon him and receive him into their holy Communion and in testimony thereof to vouchsafe out of their Christian Charity to say with him aloud the Lord's Prayer Which seems to be the Way used by the Primitive Churches But when the Crime is not notorious and publick the foresaid Pennance may by the Canons of the Church be commuted at the Parties Request into a Pecuniary Mulct for the Poor of the Parish or some pious Uses Provided that
Huntingt Mr. Nelson For Nottingh Northamp Mr. Terry For Devon and Kent Mr. Davies For Devon and Kent Mr. Shorthose For Essex and Berks. Mr. Abr. Skinner For Hartf and Derbysh Mr. Mat. Colborn For Lond. and Middlesex Mr. S. Laytow For Lond. and Middlesex Mr. Hen. Martin For Lond. and Middlesex Mr. Wil. Fish For Lincoln and Somers Mr. Hen. Caesar For York and Westm Mr. J. Hawkins For York and Westm Mr. Jo. Paget For Glocester and Camb. Mr. J. Hungerford For Glocester and Camb. Mr. Fra. King For Southampt and Warw. Mr. J. Reynolds For Norfolk and Cumb. Mr. Cha. Pickering For Dors and Northumb. Mr. Will. Finch For Leicest and Cornwal Mr. John Hussey For Surrey and Salop. Mr. Steph. Terry For Heref. and Monm Mr. Osb. Newman For Oxon and Rutl. Mr. Rob. Hart. For Staff and Wiltsh Mr. Jer. Hale For Bedf. and Buck. Mr. Ric. Plompton For Sussex and Glocest Mr. Wil. Wickliff Clerk of the Crown in Chancery Henry Barker Esq His Deputy Tho. Milton Esq Clerk of the Office Mr. Ralph Hale The Register Deputy-Registers Mr. Geo. Edwards Mr. Carew Guidot Mr. Edw. Goldsborough Mr. Richard Price The Deputy-Register for filing the Reports and Keeper of the Books of Entry Mr. Richard Bournford The Entring Clerks in the Register's Office Mr. Robert Davenish and Mr. Henry Davenish Secretary of the Presentation of the Spiritual Benefices Mr. Richard Brook Clerk of the Patents I Richard Pigot Clerk of the Affidavits Mr. Samuel Poynter Clerk of the Hanaper Mr. Edward Seymore The Principal Clerks in the Petty-Bag Office Mr. Aaron Pingrey Mr. John Lloyd Mr. John Dauling Clerks in the Rolls Chappel Mr. William Grimes Mr. Woodford Mr. Sam. Killingworth Mr. Henry Watson Mr. Vincent Mr. Haley Clerks in the Inrollment Office Mr. Andrew Young Mr. Edw. Portington Master of the Subpoena Office Sir Walter Vane Kt His Deputy Mr. Nich. Hook Master of the Patent Office Sir Richard Pigot Kt. His Deputy Mr. Brook The two Clerks Mr. Richard Pickering and Mr. Nicholas Nichols In the Alienation Office The Commissioners Peregrine Bertue Esq The Commissioners John Sanderson Esq The Commissioners William Glandvil Esq The Civilian formerly a Doctor Mr. George Morley His Clerk to indorse the Writs Mr. Bernard Halfpeny Receiver of the Fines Edward Nicholas Esq The Register Mr. Thomas Web. Porter Charles Brook Examiners in Chancery William Adderly Esq Francis Twisden Esq To which add the Usher to the Court of Chancery Mat. Bluck Esq Cryer Mr. James Sparrow Warden of the Fleet Richard Manlove Esq Sergeant at Arms George Charnock Esq A List of the Judges and Officers of the Court of Kings Bench. The Judges Sir John Holt Lord Chief Justiee Sir William Dolben Justices Sir William Gregory Justices Sir Giles Eyres Justices Clerk of the Crown in the Kings Bench. Sir Samuel Astrey Kt. His Secondary Simon Harcourt Esq The Entring Clerks Mr. Rob. Seyliard Chief Clerk Mr. Rich. Horton Mr. John Weekely Mr. John Cook Mr. William Eyre Mr. Lionel Fanshaw Mr. Rice Foulks Mr. Benedict Brown Mr. Rob. Wintour Mr. Wil. Leighton Mr. Edward Croke Praenotary or the Kings chief Clerk on the Plea-side Sir Robert Henley Kt. His Secondary Mr. Richard Aston Receiver and Signer of Writs Mr. Thomas Bromfield To which add the Masters of the Nisi-Prius Office Custos Brevium and Recordorum Thomas Goodwin Esq Masters of the Nisi-Prius Office Custos Brevium and Recordorum Simon Foulks Esq Clerk of the Rules Robert Pugh Esq His Deputy Mr. Barth Pickering Clerks of the Papers on the Plea-side Mr. Robert Stone Mr. Giles Clark Clerk of the Errors Mr. Thomas Waerg Clerk of the Bills of Middlesex Mr. Fr. Rouse Clerk for filing Declarations Mr. John Slater Clerk of the Remembrances and Dockets Mr. Robert Walker Clerk of the Bails and Posteas Mr. Fr. Thacker Filazers and Exigenters For Bedf. Mr. Child For Berks. Mr. Rob. Hastings For Kent Cornwal Nott. Warw. Cumberl Rutland Northumb Suff. Mr. James Fuller For Darbyshire Mr. Tho. Statham For Devon Mr. John Green For Dors Mr. John Martin For Essex Mr. Geo. Woodson For Gloc. London Middesex and Surrey Mr. John Teye For Hartf Mr. Wil. Ravenhill For Heref. Mr. Wil. Hastings For Huntingt Mr. For Kent Mr. Tho. Bathurst For Leicest Mr. William Benson For Lincoln Mr. John Browning For Monmouth Mr. John Smith For Norfolk Mr. William Avery For Northampt. Mr. Godfrey Wildbore For Oxon Mr. Henry Dod. For Salop Mr. Basil Herne For Somers Mr. Rob. Randal For Southampton Town and County Mr. Francis Caplyn For Staff Mr. Michael Martin For Sussex Mr. Rich. Aylwin For Westmorl Mr. John Hind For Wiltshire Mr. Sam. Porter For Worcest Mr. For Yorksh Mr. George Woodson For Canterbury Mr. For Coventry Mr. For Bristol Mr. John Ayres For Exeter Mr. For Glocester Mr. Henry Ewen For Kingston upon Hull Mr. William Osborn For Lincoln Mr. For Newcastle upon Tine Mr. For Norwich Mr. For Nottingham Mr. William Bennet For Pool Mr. For York Mr. Marshal hereditary of the Kings Bench William Lenthal Esq Marshal sworn William Brigs Esq Sealer of Writs Keeper of the Stamp Head-Cryer Mr. Coling Under-Criers Mr. John Partridge Mr. Ushers Tipslaves Mr. William Atton Mr. Weaver Mr. John Hopper Mr. Fielder A List of the Judges and Officers of the Court of Common Pleas. The Judges Sir Henry Pollixfen Lord Chief Justice Sir John Powel Justices Sir Tho. Rokesby Justices Sir Peyton Ventris Justices Custos Brevium Sir Joseph Ash Kt. His Deputy William Thursby Esq Chief Praenotary John Cook Esq His Secondary Mr. Richard Cook Clerk of the Jdgments Mr. Leyton Second Praenotary Thomas Winford Esq His Secondary Mr. Charles Cox Clerk of the Judgments Mr. Will. Winford Third Praenotary Charles Tempest Esq His Secondary Mr. George Walker Clerk of the Judgments Mr. George Wheeler Clerk of the Warrants Mr. William East His Deputy Mr. Robert Fish Clerk of the Essoins Mr. William Hall Clerk of the Juries Mr. Sympson His Deputy Mr. Rich. Hamden Chirographer Francis Lane Esq Secondary John Storer Esq Register Francis Blake Esq Clerk of the Proclam Mr. Tho. Basket Clerk of the King's Silver Henry Ludlow Esq Clerk of the Seal Clerk of the Treasury Mr. Green Keeper of the Treasury Mr. Williams Clerk of the Inrolment of Fines and Recoveries Mr. Edw. Mills Clerk of the Outâ—â—wries Mr. Franklyn Clerk of the Errors Mr. Halse Clerk of the Supersedeas Mr. Rich. Abbot Chief Proclamator Marshal and Barrier John Walker Esq Filazers For Bedford Berks Bucks and Oxon. Mr. Francis Child For Lond. Middlesex Cambr. and Huntington Mr. Philips For Devon Dorset Somerset Exeter Bristol and Pool Mr. Guy Fuller For Glocestersh Worcestersh and their respective Cities Corn. and Heref. Mr. Henry Dottin For Warwicksh Leicestersh Nottinghamsh and Nottingham Town Derby and City of Coventry Mr. Spicer For Salop Staff Northamptonsh Rutland and City of Litchf Mr. Shephard For Suffolk Mr. Ric. Middlemore For Norfolk and Norwich Mr. Caunter For Essex and Hartf Mr. Herbert For Kent Surrey and Sussex Mr. Hodgson
the Devil's Ditch Royston stands in the bottom of a Hill partly in this County and partly in Hartfordshire Whose Market is very considerable for Malt especially Lastly this County which formerly was Part of the Kingdom of the East-Angles and its Inhabitants part of the Iceni as the Romans called them is now in the Diocess of Ely Out of it are elected besides the 2 Knights of the Shire 4 Members of Parliament viz. 2 by the Town of Cambridge and 2 more by the Vniversity Cheshire CHESHIRE a Maritime County in the North-West Parts of England is bounded on the East by Derbyshire and Staffordshire on the West partly by the Irish Sea partly by Flintshire and Denbighshire two Counties of Wales Northward by Lancashire Southward part by Denbighshire and part by Shropshire and Staffordshire It contains in Length from East to West about 45 Miles in Breadth from North to South 25. The Whole divieled into 7 Hundreds 85 Parishes and 13 Market Towns As flat as this Country is yet it is not without several noted Hills besides the Mountains which divide it from Darby and Stafford Shires It has also several Woods and Forests as namely Delamere and Maclesfield Forests and is so well stored with Parks that almost every Gentleman has one peculiar to himself Heaths and Mosses are frequent here but the first serve to feed Sheep and Horses and Mosses to make Turves of for Fewel As for Rivers this Country is well watered with them the South-west Parts with the Dee the middle with the Weever and the North Parts with the Mersey which divides this County from Lancashire The Dee affords great plenty of Salmon And 't is observable of this River that upon the fall of much Rain it rises but little but if the South Wind beat long upon it it swells â—nd overflows the Grounds adjoyning Here are â—lso many Meres and Pools in all which are aâ—undance of excellent Fish Here the Air for Temperature and the Soil for Fertility is inferiour to none and far exâ—eeding the Neighbouring Counties It s chief Commodities are Corn Cattel Sheep Fish Fowl Salt and Cheese the best â—n all England Chester otherwife called West-Chester by reason of its Western Situation is the chief Place of this County bearing from London North-West and distant therefrom by common Computation 150 Miles thus Viz. from London to St. Albans 20. from thence to Stony-Stratford 24 to Daventry 16 more from Daventry to Coventry 22 thence to Lichfield â—o more to Stone 18 to Nantwich 15 and to Chester 15 more This City was raised from the Fort Ostorius Lieutenant of Britain for the Emperour Clauâ—ius And 't is pleasantly seated on the River Dee about 25 miles from its fall into the Sea the River widening it self all the way to a great breadth But the Channel is so choakt up with Sand for some Miles that all Ships now â—ome to a Place called the New Key about 6 miles distance Over the River it has a fair Stone-bridge â—uilt upon 8 Arches with a Gate at each â—nd from whence issue the Walls of the City â—n a quadrangular form high and strongly â—uilt In this Wall are 4 Gates viz. the East-Gate Bridge-gate Water-gate and North-Gate the first being esteemed one of â—he stateliest Gates in England Besides these â—our principal Gates there are three others of â—ess note called the Posterns and on the Wall are 7 Watch-towers and broad Battlements for Pieces of Ordnance On the South side is a stately strong Castle built in a circular form with a Court-yard about it inclosed with a Wall In the North Part is the Cathedral adjoyning to which is the Bishops Pallace In short this City is beautify'd with divers fair Buildings both publick and private and graced with large and well-ordered Streets which are supplied with fresh Water by Conduit Pipes from a Tower at the Bridge calleâ— Water-Tower 35 yards high and 8 broad Along the chief Streets are Galleries or Rowâ— as they call them with Shops on one side through which Galleries one may walk freâ— from Wet in the greatest Showers As to the Number of Parishes in it I finâ— no less than ten so well frequented this Plaâ—â— is by Gentry and Tradesmen For besides thâ— Assises held here twice a Year Chester being a County Palatine has also its Courts Palatine kept here And as it stands commodiously for Ireland with which it has a greaâ— Intercourse so it is a constant Thorough-farâ— for that Kingdom Of late it has been of particular Note foâ— being the Rendezvous of great part of ouâ— Forces that have been transported for thâ— Reduction of Ireland and Highlake on thâ— North-side of the River's Mouth for being thâ— proper Place for Shipping 'T was in this City of Chester that King Edgaâ— had his Barge rowed by way of Homage bâ— seven Kings of the Scots and Britains from 〈◊〉 Johns Church to his Pallace himself as sâ—preme Lord holding the Helm And 't is observable that the eldest Sons of the Kings 〈◊〉 England whether it be by birth or death 〈◊〉 their elder Brothers are ipso facto Earls of Chester The other Market Towns are Nantwich Sat. Middlewich Sat. Congleton Sat. Knutsford Sat. Malpas Mund. Maxfield Mund. Altrincham Tue. Fordsham Wedn. Sanbich Thu. Northwich Frid. Stopford Frid. Tarvin Frid. Amongst which Nantwich and Fordsham are feated on the Banks of the Weever Stopford on the Mersey Northwich and Congleton on the Dane which runs into the Weeve Middlewich on the Croke near its fall into the Dane Maxfield or Maclesfield on the Bollin Sandbich on the Welock Nantwich Middlewich and Northwich are of chief note for their Salt-pits but the first especially which next to Chester is the greatest and the fairest built Town in the County Here is the best white Salt made and great plenty of it At Congleton they make great store of Points Purses and leather Gloves Sandbich is only famous for its Ale sold at London for 12 pence the bottle which for strength and clearness does equalize Canary Maxfield or Maclesfield is a large and fair Town which drives a great Trade of Buttons But it is of most note for giving the Title of Earl to the Right Honourable Charles Gerard Earl of Maclesfield c. This County formerly a Part of the ancient Kingdom of Mercia and its Inhabitants part of the Cornavii as the Romans called them is now in the Diocese of Chester The Earls hereof were anciently accounted Palatines since William the Conquerour gave this Earldom to Hugh Lupus a noble Norman to be holden as freely by his Sword as the King himself held England by his Crown which was the Tenure of all Counts Palatine more like Princes than Subjects And though it be now and has long been reannexed to the Crown yet it still holds the Rights and Priviledges of a County Palatine having for the administration thereof a Chamberlain a Justice for the common-Common-Pleas of the Crown two Barons of the Exchequer a Sheriff an
this Town has been very much improved and beautified at their Charge and Industry Here is a Town-house erected upon Pillars and Arches of hewn Stone and underneath an Exchange for the Merchants Among its Antiquities a Castle on the South-side which commands the Pool built by King John during his stay here for a Wind to Ireland and on the West-side upon the River the Tower being a stately and strong Pile of Building Preston near to Leverpool is a fair large well inhabited and frequented Borough-Town Seated on the North-side of the Rible over which it has a very fair Stone-bridge In this Town are held the Court of Chancery and Offices of Justice for Lancaster as a County Palatine Not far from Preston aforesaid is a small Town from the River on which it is situate called Rible-Chester which has been esteemed and called the richest Town in Christendom No doubt but it has been a Place of great account in the Time of the Romans if we consider the many Statues pieces of Coin Altars Pillars Inscriptions and other Pieces of Antiquity that have been often digged up here Wigan is another Town of note in this Country Seated on the River Dowles and much inhabited by Braziers Pewterers Diers Weavers of Rugs Coverlets and Tackling for Bedding Of special note for the choicest Coal in England called Caunel but most of all for a burning Well not far from it Warington a good large Town is seated on the River Mersey over which there 's a fine Stone-bridge which leads to Cheshire Dignify'd of late with the Title of an Earldom in the person of the Right Honourable Henry Booth Earl of Warington and Baron De la Mere. Poulton Bury and Rochdale lie not far asunder the first on the Irwell and Rochdale on the River Rock in a Vale. Coln is situate on a little Hill near the Eastern Confines of the-County Blackborn near the Derwent Ormskirk not far from Merton Meer Kiâ—kham near the Mouth of the Rible Garstang near the Wire and Hornby on the Lon. This last noted for its Castle called Hornby-Castle the ancient Seat of the Lord Morley and Mounteagle Hawkshead is placed in a hilly and woody Country Clitheroe towards Pendle-hill Dalton in a Champain Country not far from the Sea and Vlverston commonly called Ouslon on a small Stream which empties it self not far off into the Sea or an Arm thereof near Lever-Sand Lastly this County formerly a Part of the Kingdom of Northumberland and its Inhabitants part of the Brigantes as the Romans called them is now in the Diocess of Lincoln It was made a County Palatine by King Edward the Third And out of it are elected besides the two Knights of the Shire 12 Members of Parliament Viz. two out of each of these Towns Lancaster Leverpool Preston Wigan Clitheroe and Newton Leicestershire LEICESTERSHIRE an Inland County is bounded on the East by the Counties of Lincoln and Rutland on the West by Warwickshire Northward by Derbyshire and Nottinghamshire and Southward by Northamptonshire It s Length from East to West is about 30 miles its Breadth from North to South about 25. The whole divided into six Hundreds wherein 192 Parishes and 12 Market-Towns The Air in this County is mild and wholsom and the Inhabitants accordingly are healthy and long-lived The Soil in the South-East parts especially is extream fertile for all sorts of Grain but chiefly Peas and Beans and has also rich Pastures feeding Cattel and Sheep in great Numbers whose Wool for its fineness is had in great esteem But the North-West part is generally barren and in some places rocky and stony About the Forest of Charwood where is Bardon-Hill is great store of Lime-Stone wherewith they manure their Ground For Fewel this Country is but thinly cloathed with Wood especially in the South-East Parts But this Defect is sufficiently supply'd by the great plenty of Pit-coal digged up in the North Parts Here are a great many small Rivers but none of any long Course besides the Stower and the Wreak Leicester the County Town bears from London North-North-West and is distant therefrom 78 miles thus Viz. from London to Northampton 54 for the particulars of which I refer you to Northamptonshire from Northampton to Harborough 12 and from thence to Leicester 12 more It is pleasantly seated in a good Air and rich Soil on the Banks of the Stower of old called Leir that washes its North and West Parts and over which it has two Bridges Once a Bishops See and in those Days beautified with a fair Collegiate Church a magnificent Abbey and a strong Castle all decay'd and ruined by the iniquity and injury of the Times As to the present State of it it is indifferent large containing 3 Parish Churches has several good Buildings and is well inhabited In short 't is in as good plight both for Trade and Buildings as most Towns are that want a navigable River And its Market which is on Saturdays is well served with Provisions and Country Commodities Noted besides for giving the Title of Earl to the Right Honourable Philip Sidney the present Earl of Leicester Derived to him from his Father Robert Son and Heir of Robert Sidney Viscount Lisle created Earl of Leicester and Baron of Penthurst by King James the first Anno 1618. Which Robert was descended of a Sister of Robert Dudley the last of many Earls of Leicester before him The other Market-Towns are Ashby Sat. Hinkley Mund. Mont-Sorel Mund. Melton-Mowbray Tue. Harborough Tue. Bosworth Wedn. Loughborow Thu. Waltham Thu. Hallaton Thu. Lutterworth Thu. Billesden Frid. Among which Ashby or Ashby de la Zouche is seated between two Parks on the Borders of Derbyshire In whose Neighbourhood is Cole Overton noted for its Pit-coals Hinkley stands on the Borders of Warwickshire beautified with a fair and large Church and a lofty Spire-Steeple Mont-Sorrel is seated on a great Eminency near the Stowr over which it has a Bridge Of some note formerly for its famous Castle that stood on a steep and craggy Hill but is long since demolished At Barrow near adjoyning is digged up excellent Lime much commended for its binding Melton-Mowbray is situate in a fertile Soil on the banks of the Wreak over which it has two Stone-bridges Harborough on the Borders of Northamptonshire and the banks of the Weland which parts the two Counties Bosworth is loftily seated on a Hill and in a fertile Soil Noted for the bloody Battle fought at Redmore near adjoyning betwixt Richard III. and his Successor Henry VII Which decided the long-depending Differences betwixt the Houses of York and Lancaster giving the Crown from Richard to Henry descended from the latter House Richard being slain in this Battle his Body was ignominiously cast cross a Horse's back naked and torn in pieces and meanly buried in the Grey-Friars of Leicester Which being afterwards destroy'd the Stone-Chest wherein the Corps lay serves now in an Inn for a drinking Trough for Horses Loughborow a good
New Buckenham ly not far from Thetford to the Eastward Diss and Harleston on the Waveney Watton Windham Hingham Swafham and East-Derham do not ly far asunder about the middle of the County Further to the Northward you will find Repeham Caston Fakenham Walsingham Holt Aleâ—ham Worsted North Walsham and Hickling this last in a Marsh-Ground not far from the Sea Downham is upon the Ouse over which it has a Bridge leading into Cambridgeshire Snetham North of Lyn is seated on a bivuler not far from the Sea Burnham-Market and Cromere are two Sea-Towns in the North Parts of the County Between which is Clay another Sea-Town on three sides incompassed with Waters and once a Market Town but now discontinued And near it Wayborn-hope a noted Place amongst Seamen as is Winterton Ness or Point in the East which is very coldly seated And yet it is observed that the Ground about Winterton is one of the richest and fattest in England Among the aforesaid Towns Walsingham was formerly renowned as for its Colledge of Canons so for the continual Concourse of Pilgrims to this Place Who came hither to pay their Superstitious Devotion to the Blessed Virgin at a Chappel near the two Wells called to this day the Virgin Mary's Wells It was also a Place of note for its good Saffron Near Burnham-Market within 2 Miles from it to the Westward is a small Country-Town called Brancaster the Ruins of an ancient Town known by the Name of Branodunum Seated near the Sea-shore and a Place of good account in the time of the Romans who kept here a Garrison Not far from Hickling in the North-East Parts is the ancient decay'd Abbey of St. Bennet's in the Holme built by the Danish King Canute An Abbey so fortified afterwards by its Monks with Walls and Bulwarks that it seemed rather a Castle than a Cloyster and yet was betrayed by a Monk to William the Conqueror The Bishop of Norwich retains to this Day the Title of Lord Abbot of St. Bennets And it is observable that hereabouts both Cockles and Perwinkles are digged out of the Ground Lastly this County which is the largest in England next to Yorkshire but much more populous was Part of the Kingdom of the East-Angles in the time of the Heptarchy and its Inhabitants part of the Iceni as the Romans called them It is observed of the People in this County that they are notably industrious for Plough and Manufactures insomuch that one shall hardly see a Beggar throughout all the Country And yet which one would wonder at they are notable Wranglers and generally so well versed in the Quirks of the Law that they create more work for the Assizes than almost all the Circuit else Accordingly Norfolk is the County which commonly yields the best Breed of Lawyers and has furnished the Courts of Justice with many an emiment Man in the Laws of England But a great Antiquary has made another material Observation That in this County are a hundred Families of ancient Gentry that never were attainted of high Treason Which if it be true the Gentry here have had better fortune than the Dukes Dutchesses and Earls of Norfolk His Grace Henry Howard the present Duke of Norfolk derives his Title from his noble Ancestor John-Lord Howard created Duke of Norfolk by King Edward IV. Anno 1483 and descended from the Lady Margaret Dutchess of Norfolk Daughter of Tho. de Brotherton Earl of Norfolk first Son of King Edward I. Out of this County are elected besides the two Knights of the Shire ten Members of Parliament Viz. Two out of each of these following Places Norwich Kings I yn Yarmouth Thetford and Castle-rising Northamptonshire NORTHAMPTONSHIRE an Inland County is bounded on the East with the Counties of Cambridge Huntington Bedford and Buckingham on the West with Rutland Leicestershire and Warwickshire Northward with the Counties of Lincoln Rutland and Leicester Southward with Buckinghamshire and Oxfordshire This County being long but narrow runs in Length from North to South ahout 50 miles and in Breadth from East to West but half The Whole divided into 20 Hundreds wherein 326 Parishes and 13 Market-Towns Here the Air is temperate and healthfull the Soil as rich either for Corn or Grass as in any Place in England And the Inhabitants find such a Profit here by Grazing and Tillage that they improve the Ground every where Insomuch that it is said there is less waste Ground in this County than in any other As for Rivers and other fresh Streams 't is as well watered as most Counties are It s principal Rivers are the Nen and the Weland both having their Rise here besides the Ouse which rises in the South Parts near Bucking hamshire A further Proof of the excellency of this County might be fetched from its Populousness For it is so garnished with Towns that in many Places 20 or 30 Steeples present themselves at one view And considering its Extent 't is said to be honoured with the Seats of as many if not more of the Nobility and Gentry as any County in the Kingdom Northampton the chief Place hereof ly's North-West from London and by common Computation is distant from it 54 miles thus From London to Barnet 10 thence to St. Allans 10 and to Dunstable 10 more from Dunstable to Stony Stratford 20 and to Northampton 10 more A Town pleasantly seated on the Banks of the River Nen where it meets with two Rivulets one from the North the other from the South And though it has suffered much by the sore hand of the Dane and other Calamities and of late particularly by the dreadfull Fire which buried it all in Ashes in September 1675 yet it has raised it self again more glorious than before So that for Circuit and Beauty it may at this time be ranked with many Cities Fortified heretofore with good Walls and a strong Castle and seated in so good an Air that once the Students of Cambridge had a mind to remove their University hither Here the Inhabitants drive a considerable Trade especially of Leather and its Market which is on Saturdays is well served with Provisions This Town is the Place where the County-Goal and the Assizes are kept Of special note for giving the Title of Earl to the Right Honourable George Compton the present Earl of Northampton Devolved to him from his noble Ancestor William Lord Compton and Lord President of Wales Created Earl of Northampton by King James I. Anno 1618. The other Market-Towns are Peterborough Sat. Oundle Sat. Higham-Ferrers Sat. Rothwell Mund. Thrapston Tue. Towcester Tue. King's Cliff Tue. Wellingborow Wed. Braâ—kley Wed. Daventry Wed. Kettering Frid. Bodkingham Among which Peterborough is seated in a Nook or Angle of the County bordering upon Cambridgeshire and Huntingtonshire where formerly had been a Gulf or Whirlpool of an exceeding depth 'T is seated on the River Nen over which it has a Bridge leading into Huntingtonshire A Town of no great account but for being a
the rest Seriatim every one answering apart Content or Not Content first for himself and then severally for so many as he hath Letters and Proxies For any Peer of the Realm by License of the King upon just Cause to absent may make a Proxy that is may constitute another Lord to give his Voice in the Upper House when any Difference of Opinion and Division of the House shall happen Otherwise if no such Division fall out it never comes to be questioned or Known to whom such Proxies are directed By an Order of this House in the Reign of Charles I it was Ordered that no Peer should be capable of receiving above two Proxies or more to be numbred in any Cause voted If a Bill passed in one House and being sent to the other this demur upon it then a Conference is demanded in the Painted Chamber Where the deputed Members of each House meet the Lords sitting covered at a Table and the Commons standing bare with great respect There the Business is debated and if they cannot agree it is nulled When Bills are passed by both Houses upon three several Readings in either House before they can have the force of Law they must have the Royal Assent which puts life into them For as there is no Act of Parliament but must have the Consent of the Lords and Commons and the Royal Assent of the King so whatsoever passeth in Parliament by this threefold Consent hath the force of an Act of Parliament The Royal Assent which used formerly to be deferred till the last Day of the Session is given after this manner whenever the King thinks fit His Majesty then comes into the House of Peers with his Crown on his Head and cloathed with his Royal Robes Being seated in his Chair of State and all the Lords in their Robes the House of Commons is sent for up as before by the Black Rod. Thus the King Lords and Commons being met the Clerk of the Crown reads the Title of each Bill and after the Reading of every Title the Clerk of the Parliament pronounces the Royal Assent according to his Instructions from the King If it be a publick Bill to which the King assenteth the Words are le Roy le veut the King wills it Whereas to a publick Bill which the King forbears to allow the Answer is Le Roy S'avisera the King will consider which is look'd upon as a civil Denial To a Subsidy-Bill le Roy remercie ses loyaux Sujets accepte leur Benevolence aussi le veut the King thanks his loyal Subjects accepts their Benevolence and so wills it And to a private Bill allowed by the King Soit fait comme il est desire be it done as it is desired But in case of a General Pardon as it is the King's Gift so the Return is from the Lords and Commons to His Majesty in these Words los Prelats Seigneurs Communes en ce Parlement assemblez au nom de tous vos autres Sujets remercient tres humblement Votre Majeste prient Dieu qu'il vous donne bonne longue Vie en Sante the Prelates Lords and Commons in this Parliament assembled in the Name of all Your other Subjects do most humbly thank your Majesty and pray God to give You a good and long Life in Health 'T is observable in the mean while how we have retained about making of Laws so many French Expressions derived to us doubtless from the Normans The Use of Committees is so necessary for the Dispatch of Parliament Business and their Way of managing Bills so fair and honourable that it will be proper to add something to what has been said before concerning them They consist of such Members as each House chuses from among them to make a strict Examination of the Bills and therein such Amendments and Alterations as their Reason will dictate upon a full Debate among themselves and to Report the same to the House Now there are three sorts of Committees viz. Standing Select and Grand Committees There are in the House of Commons five Standing Committees usually appointed in the beginning of the Parliament and remaining during all the Session Viz. One for Priviledges and Elections another for Religion a third for Grievances another for Courts of Justice and the fifth for Trade Amongst which the Committee for Priviledges and Elections has always had the Precedence being commonly the first Committee appointed either the same Day the Speaker did take his Place or the next day after Their Power was anciently to examine and make Report of all Cases touching Elections and Returns and all Cases for Priviledge as might fall out during the Parliament But that Power has been since abridged especially in Matters of Priviledge which are heard in the House and not in a Committee unless in some special Cases By a Select Committee I mean a Committee particularly chosen to inquire into a Bill In the Choice whereof this Rule is observed in the House that they who have given their Voice against the Body of a Bill cannot be of the Committee And though any Member of the House may be present at any select Committee yet he is not to give any Vote there unless he be named to be of the Committee As to their Number they are seldom less than eight but have been sometimes many more and commonly Men well versed in Parliament Business Upon the first Meeting of a Committee in their Committee Chamber they chuse among them a Chair-man who is much like the Speaker in the House After any Bill is Committed upon the second Reading it may be delivered indifferently to any of the Committee Who are first to read it and then to consider the same by Parts If there be any Preamble 't is usually considered after the other Parts of the Bill The Reason is because upon Consideration of the body of the Bill such Alterations may therein be made as may also occasion the Alteration of the Preamble which is best done last The Committee may not raze interline or blot the Bill it self but must in a Paper by it self set down the Amendments Which ought to â—oe done by setting down in the Paper the Number of the Folio where the Amendment is made naming the Place particularly where the Words of the Amendment are to be Inserted or those of the Bill Omitted The Breviat also annexed to the Bill must be amended accordingly and made to agree with the Bill When all the Amendments are perfected every one being Voted singly all of them are to be read at the Committee and put to the Question Whether the same shall be Reported to the House But when the Vote is to be put any Member of the Committee may move to add to those Amendments or to Amend any other part of the Bill If the Vote of the Committee pass in the Affirmative then commonly the Chair-man is appointed to make the Report Which being done that Committee is
c. There are also in every County commonly four Officers called Coroners vulgarly pronounced Crowners because they deal principally with Pleas of the Crown or Matters concerning the Crown His Office is to Inquire by a Jury of Neighbours how and by whom any Person came by a violent Death and to enter the same upon Record And whereas the Sheriff in his Turn may inquire of all Felonies by the Common Law except a Mans Death the Coroner can inquire of no Felony but of the Death of Man and that super visum Corporis upon view of the Body Which Inquisition of Death taken by him he ought to deliver at the next Goal-Delivery or certify the same into the Kings Bench. Therefore he ought to put in writing the â—ffect of the Evidence given to the Jury beâ—ore him and has power to bind over Witnesses to the next Goal-Delivery in that Counâ—y For doing his Office he is to take nothing â—pon grievous Forfeiture But by 3 H. 7. he 〈◊〉 to have upon an Inditement of Murder 13 s. d. of the Goods of the Murderer But besides his Judicial he has likewise a â—inisterial Power as a Sheriff As when there 〈◊〉 just Exception taken to the Sheriff Judicial Process shall be awarded to the Coroners for the execution of the Kings Writs in which Cases he is locum tenens Vicecomitis or supplies the Sheriffs place And in some special Case the Kings Original Writ shall be immediately directed unto him There are as I said before commonly four of these Officers in every County of England But Cheshire has but two and each Shire in Wales has no more The same are chosen by the Freeholders of the County by virtue of a Writ out of the Chancery and continue notwithstanding the Demise of the King in their Office Which was of old in so great esteem that none could have it under the degree of a Knight And by the Writ De Coronatore eligendo the Party to be chosen must have sufficient Knowledge and Ability to execute this Office which is implied in these Words Et talem eligi facias qui melius sciat possit Officio illi intendere After he is elected the Sheriff is to take his Oath only to execute his Office And the Court which he holdeth is a Court of Record Every County also has an Officer called Clerk of the Market Whose Office is to keep a Standard of all Weights and Measures exactly according to the Kings Standard kepâ— in the Exchequer and to see that none other be used in the same County He is to seal aâ— Weights and Measures made exactly by thâ— Standard in his Custody and to burn such a are otherwise He has a Court wherein hâ—â— may keep and hold a Plea CHAP. VIII Of Mayors and Aldermen Bailiffs Stewards and their respective Courts with an Account of the Constables Every City of England says Dr. Chamberlain is by their Charters or Priviledges granted by several Kings a little Common-wealth apart governed not as the â—â—ties of France and Spain by a Nobleman 〈◊〉 Gentleman placed there by the King but wholly by themselves For in Cities the Citizens chuse themselves for their Governour Mayor commonly out of 12 Aldermen And â—n some other Corporations a Bayliff is chosen â—f a certain Number of Burgesses The Mayor is the Kings Lieutenant and â—uring his Mayoralty which is but for one â—ear is in a manner a Judge to determine â—atters and to mitigate the Rigour of the â—â—w Therefore he keeps a Court with his â—ethren the Aldermen With these and the â—ommon Council he can make By-Laws for â—e better Government of the City provided â—â—ey be not repugnant to the known Laws of â—â—e Realm So that the Mayor Aldermen â—â—d Common Council assembled are in a manner an Image of the King Lords and Commons convened in Parliament If the Citizens be Taxed 't is by themselves or their Representatives every Trade having some of their own Members always of the Council to see that nothing be enacted to their Prejudice But the Sheriffs have also a good share in the Government of Cities as being the proper Judges of Civil Causes within the same and the principal Officers appointed to see all Executions done whether Penal or Capital As every County of England is divided into Hundreds so the King's Subjects formerly had Justice ministred to them by Officers of Hundreds called Bayliffs who might hold Plea of Appeal and Approvers But in the Reign of Edward III these Hundred Courts certain Franchises excepted were dissolved into the County-Courts Yet there are still divers considerable Towns the chief Magistrates whereof have retained the name of Bayliff as Ipswich Yarmouth Colchester c. Where the Bayliff's Authority is the same with the Mayor's in other Places and they keep Courts accordingly The Truth is they differ in nothing but the Name For the Mayor of London before the Reign of Richard the First was called the Bayliff of London So King John following the Example of Richard made the Bayliff of Kings Lynn a Mayor in the year 1204 and Henry V. made the Bayliff of Norwich a Mayor Annoâ—â— 1419. But there are others to whom the name of Bayliff is still appropriate as the Bayliff of Dover Castle that is the Governour thereof There be likewise Bayliffs of Mannors or Husbandry such as have the Oversight of Under-Servants to private Men of great Substance that set every Man to his Labour and Task gather the Profits to their Lord and Master and give him an Account thereof The vilest sort of Bayliffs to this day are those Officers that serve Writs and Arrest People by virtue thereof And these are of two Sorts Bayliffs Errants and Bayliffs of Franchises The first are such as the Sheriff makes and appoints to go any where in the County to serve Writs to summon the County Sessions Assizes and such like Bayliffs of Franchises be those that are appointed by every Lord of a Mannor to do such Offices within his Liberty as the Bayliff Errant doth at large in the County By Stewards I mean here such as are Imployed by some Lords of Mannors to hold their Courts called Court-Leet or View of Frank-pledge the word Leet signifying properly a Law-Day This is a Court of Record not incident to every Mannor but to those only which by special Grant or long Prescription hold the same For 't is likely Kings did not intrust any with this Power but such as they had great Kindness for and Confidence in To this Court those that are within the Homage and sometimes those out of it are called to Swear Fidelity to the Prince Here also Inquiry is made of Privy Conspiracies Frays Bloodshed and Murders To which was added the Oversight of Measures And what Offences are found especially great ones ought to be Certified to the Justices of Assize by a Statute made in the Reign of Edward III. For in whose Mannor soever this Court be Kept it is accounted
manner of Ways 1. by â—oods and Chattels 2. by the Body Pledges â—â—d Mainprise 3. by the Body only This â—ourt is kept every 40 Days Pie-powder Court is a Court held in Fairs to yield Justice to Buyers and Sellers and for Redress of all Disorders committed in them These Courts are so called from the French Pie a foot and poudreux dusty the Fairs being kept most usually in Summer to which the Country people use to come with dusty feet A Pie-powder Court is held de hora in horam every hour and such is the Dispatch made here that Justice ought to be summarily administred within three ebbing and three flowing of the Sea CHAP. XII Of the Ecclesiastical Courts and first of the Convocation TO consult of Church-Matters and make Ecclesiastical Laws now and then the Convocation meets and that in time of Parliament Which Convocation is a National Synod or general Assembly of the Clergy convoked after this manner Some time before the Parliament sits the King by the Advice of his Privy Council sends his Writ to the Arch-bishop of each Province for Summoning all Bishops Deans Arch-Deacons c. assigning them the Time and Place in the said Writ Upon which the Arch-Bishop of Canterbury directs his Letters authentically sealed to the Bishop of London as his Dean Provincial wherein he cites him peremptorily and willeth him to cite in like manner all the Bishops Deans Arch-Deacons Gathedral and Collegiate Churches and all the Clergy of his Province to the Place and Day prefixt in the Writ But he directeth withal that one Proctor be sent for every Cathedral or Collegiate Church and two for the Body of the Inferiour Clergy of each Diocese All which the Bishop of London takes accordingly care of willing the Parties concerned person 〈◊〉 to appear and in the mean time to cerâ—ify to the Arch-Bishop the Names of every one so warned in a Schedule annexed to the Letter Certificatory Upon which the other Bishops of the Province proceed the Cathedral and Collegiate Churches and the inferiour Clergy of each Diocese make choice of their Proctors Which done and certified to the Bishop of London he returneth all at the Day And the same Method is used in the Province of York The Chappel of Henry VII annexed to Westminster Abbey is the usual Place where the Convocation of the Clergy in the Province of Canterbury meets Whilst the Arch-Bishop of York holds at York a Convocation of all his Province in like manner Thus by constant Correspondence these two Provinces tho so â—r distant from each other do debate and â—onclude of the same Matters The Convocation is like the Parliament disided into two Houses the higher and the â—wer And all Members have by Statute the â—â—me Priviledges for themselves and menial â—ervants as the Members of Parliament have The higher House in the Province of Canterbury which is by much the larger of the two consists of 22 Bishops whereof the Arch-Bishop is President Who sits in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes and Hoods the Arch-Bishops Hoods furred with Ermin and the Bishops with Minever The lower House consists of all the Deans Arch-deacons one Proctor for every Chapter and two Proctors for all the Clergy of the Diocese Which make in all 166 Persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan Clergy The first Business of each House upon their Meeting is to chuse each a Prolocutor or Speaker The Prolocutor of the lower House being chosen he is presented to the upper House by two of the Members whereof one makes a Speech and the elect Person another both in Latine To which the Arch Bishop answers in Latine and in the Name of all the Lords approves of the Person The Matters debated by both Houses are only such as the King by Commission do'â— expresly allow viz. Church and Religion Matters first proposed in the Upper and thâ—â— communicated to the Lower House And the major Vote in each House prevails Sometimes there have been Royal Aids granted to the King by the Clergy in Convocation Anciently this Assembly might without 〈◊〉 now with the Royal Assent make Canon touching Religion binding not only them selves but all the Laity without Consent oâ— Ratification of the Lords and Commons iâ— Parliament Neither did the Parliament meddle in the making of Canons or in Doctrinal Matters till the Civil Wars in the Reign of Charles I. Only when thereto required they by their Civil Sanctions did confirm the Results and Consultations of the Clergy whereby the People might be the more easily induced to obey the Ordinances of their Spiritual Governours To conclude the Laws and Constitutions whereby the Church of England is governed are first general Canons made by general Councils with the Opinion of the orthodox Fathers and the grave Decrees of several holy Bishops of Rome which have been admitted from time to time by the Kings of England Then our own Constitutions made anciently in several Provincial Synods both by the Popes Legates Otho and Othobon and by several Arch-Bishops of Canterbury all which are of force in England so far as they are not repugnant to the Laws and Customs of England or the Kings Prerogative Next to those Constitutions this Church is also governed by Canons made in Convocations of latter times as in the first Year of the Reign of King James I and confirmed by his Authority Also by some Statutes of Parliament â—ouching Church-Affairs and by divers Immeâ—orial Customs But where all these fail the Civil Law takes place CHAP. XIII Of the Court of Arches the Court of Audience the Prerogative-Court the Court of Delegates the Court of Peculiars c. FROM the Church Legislative I come to the Executive Power for which there have been several Courts provided Amongst which is the Court of Arches the chief and most ancient Consistory that belongeth to the Arch-Bishop of Canterbury for the debating of Spiritual Causes So called from the arched Church and Tower of S. Mary le Bow in Cheapside London where this Court is wont to be held The Judge whereof is called Dean of the Arches or the Official of the Court of Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of 13 Parishes in London termed a Deanry being exempt from the Bishop of Londons Jurisdiction and belonging to the Arch-Bishop of Canterbury All Appeals in Church-Matters within the Province of Canterbury are directed to this Court. In which the Judge sits alone without Assessors hearing and determining all Causes without any Jury The Advocates allowed to plead in this Court are all to be Doctors of the Civil Law Who upon their Petition to the Arch-Bishop of Canterbury and his Fiat obtained are admitted by the Judge of this Court but must not practise the first Year Both the Judge and the Advocates always wear their Scarlet Robes with
and then Execution follows And for Criminal Causes they are here tried by Accusation as when one takes upon him to prove the Crime Or by Denunciation when the Church-Wardens present and are not bound to prove because it is presumed they do it without malice and that the Crime is notorious CHAP. XIV Of the Courts of London and first of the Mayor's Court the Court of Aldermen the Common Council Court the Hustings the Court of Goal-Delivery the Two Sheriffs and the Chamberlain's Courts THE City of London is amongst other Things so remarkable for her transcendent Priviledges in Keeping her own Courts of Justice that it will not be improper to describe 'em here I begin with the Lord Mayor's Court which is a Court of Record held in the Chamber of Guildhall The Recorder of the City is Judge of this Court but the Lord Mayor and Aldermen may sit as Judges with him if they please In this Court all manner of Actions may be entred and tried by a Jury as in other Courts for any Debt Trespass or other Matter whatsoever arising within the Liberties of London and to any value There are only four Attorneys belonging to it and six Serjeants at Mace one of them constantly attending at the Lord Mayor's House and the rest at the Attorneys Offices The Charge of entring an Action in this Court is but 4 d. besides the King's Duty It may be brought to a Trial for 30 s. Charge and in 14 Days time the Day for Trials being every Tuesday An Action entred in this Court will remain in force for ever although no Proceedings be had thereupon Whereas an Action entred at either of the Compters dies and may be crossed after 16 Weeks The Advantages of making Attachments in this Court are considerable as you may see in the Book called Lex Londinensis or the City Law The Court of Aldermen is a Court of Record held in the Inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the Time of Sessions of Goal-Delivery This Court does constantly appoint the Assize of Bread determines all Matters touching Lights Water-courses and Party-Walls and here must be sealed all Bonds and Leases that pass under the City-Seal Several Places are in the Gift of the Lord Mayor and this Court Viz. The Recorder Sword-bearer Four City Counsel a City Remembrancer the Common Hunt Water-Bayliff Cities Sollicitor Comptroller of the Chamber two Secondaries Four Attorneys of the Lord Mayor's Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Channel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Channel Under Water-Bayliff Meal-Weighers Clerk of the Cities Works Six Young-men Two Clerks of the Papers Eight Attorneys in the Sheriffs Court Eight Clerk-sitters Two Protonotaries Clerk of the Bridge-house Clerk of the Court of Requests Beadle of the Court of Requests Thirty Six Sergeants at Mace Thirty Six Yeomen the Gager Sealers and Searchers of Leather Keeper of the Green-Yard Two Keepers of the Compters Keeper of Newgate Keeper of Ludgate Measurer Steward of Southwark Bayliff of Southwark and Bayliff of the Hundred of Ossulston There are other Places in the gift of the Mayor Aldermen and Sheriffs as the City-Carpenter and other Artificers But the Rent-Gatherer has been put in by Mr. Chamberlain If any Officer says Lex Londinensis shall misbehave himself in his Office upon Complaint made thereof to this Court and Proof of the Fact such Offender may be and is usually suspended from the Profits of his Place during the pleasure of this Court The Rulers of the Company of Watermen are annually elected and appointed by this Court The Court of Common Council consists of two Orders as the Parliament of England viz. the Lord Mayor and Aldermen which represent the House of Lords and the Common Council Men which represent the House of Commons whose Number amounts to 231 belonging to their respective Wards whereof some have more some less This Court is held in the Chamber of Guildhall at such Times as the Lord Mayor appoints and directs being in his Lordships power to call and dismiss this Court at his pleasure Several Committees are annually appointed and elected by this Court for the better and more speedy Dispatch of the City-Affairs who make Report to this Court of their Proceedings as Occasion requires Viz. a Committee of 6 Aldermen and 12 Commoners for letting and demising the Cities Lands and Tenements who usually meet every Wednesday in the Afternoon at Guildhall for that purpose A Committee of 4 Aldermen and 8 Commoners to let and dispose of the Lands and Tenements given by Sir Tho. Gresham who usually meet at Mercer's Hall at such Times as the Lord Mayor for the time being directs and appoints and the Lord Mayor himself is commonly chosen one of this Committee This Court does also annually elect Commissioners for the Sewers and Pavements And by this Court are annually elected a Governour Deputy-Governour and Assistants for the Management of the Cities Lands in Ulster in Ireland A Stranger born may be made free of this City by Order of this Court and not otherwise The Places of Common Serjeant Town-Clerk and Common Crier are in the Gift of this Court. The Judges of the Sheriffs Court have sometimes been elected by this Court and sometimes by the Court of Aldermen The Hustings is a very ancient Court of Record always held in Guildhall and commonly every Tuesday before the Lord Mayor and Sheriffs of London for the time being When any Matter is to be argued or tried in this Court Mr. Recorder sits as Judge with the Lord Mayor and Sheriffs and gives Rules and Judgement therein And though the Original Writ be directed to the Mayor and Sheriffs joyntly yet these by Commandment of the Lord Mayor are Ministers to execute all Process out of this Court In this Court Deeds may be Inrolled Recoveries passed Wills proved and Replevins Writs of Error Right Patent Waste Partition and Dower may be determined for any Matters within the City of London and the Liberties thereof The Attorneys of the Lord Mayor's Court are Attorneys also in this Court and the second Attorney is always Clerk of the Inrollments and Inrolls all Deeds brought for that purpose Now a Deed Inrolled in the Hustings is counted as good as a Fine at Common Law for that it bars the Wife from claiming her Dower In this Court also the Burgesses to serve for the City in Parliament are elected by the Livery-men of the respective Companies which is done after this manner in the presence of the Court. First the Lord Mayor and Aldermen are put up according to ancient Custom for Candidates and after them are usually nominated four Commoners And out of them all the four that have the plurality of Voices are declared by the Sheriffs to be duly chosen But if there be any Contest about the Election it is usually decided by a Poll. The
become bound to bring in an Inventory the Court of Aldermen have power to send him to Newgate there to remain till â—he submit and the Courts at Westminster will not release such Person After the Bond given the Executor must procure 4 Freemen to appraise the Testator's Goods In order to which he must cause them to appear before a Justice of Peace in London and take their Oaths that they shall make a just and true Valuation and Appraisement of the Goods and Chattels of the Deceased according to the best of their Judgements and Skills When the Appraisement is to be made the Common Crier is to have notice of it before-hand being appointed by the Court of Aldermen to see the same be fairly done and to the best advantage of the Orphan And unless the Common Crier or his Deputy be present and the Inventory signed by the Common Crier the Court of Aldermen will not allow thereof The Appraisement being made as aforesaid and signed by the Common Crier and the Appraisers it must be given to the Common Sergeant of the City or one of his Clerks at his Office in Guildhall-Yard he being the only Person intrusted by the Court of Aldermen to take all Inventories and Accounts of Freement Estates If he approves thereof he will cause it to be Ingrossed and a Duplicate of it to be made for the Executor or Administrator And when the same is examined by him and his hand set thereto in testimony thereof the Executor or Administrator must in the Court of Aldermen swear the same Inventory to be a true Inventory of the Goods and Chattels of the Party deceased according to the best of his Knowledge When the Inventory is so exhibited the Executor must become bound in a considerable Penalty either to bring in the Mony that shall appear due to the Orphans by the Inventory or within two Months to give good Security to pay the same into the Chamber of London for the Use of the Orphans when they shall come to Age or be married If the Executor pay the Mony into the Chamber of London the Court of Aldermen usually allow five per Cent Interest for so much Mony of the Testator's Estate as is due to the Orphans by the Custom of London so as the same exceed not 500 l and for Legacy-mony 3 l. 6 s. 8. d. per Cent. But if the Executor shall not think fit to pay the Mony into the Chamber he must become bound with 3 Sureties to the Chamberlain of London for the time being in one or more Recognizances or else by Bond to pay the Mony due to Orphans And in case the Security live within the Liberties of London they must be bound by Bond. Now as to Recognizances the Custom is never to make any touching Orphans of greater Penalty than 400 l. and not for the Payment of above 300. Therefore if the Sum for Example be 900 l. the Security must become bound by 3 Recognizances each for the Payment of 300 l. If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to account for the Rents and Profits thereof The Securities must take particular care that â—one of the Orphans marry or be put Apprenâ—ice with their Consents without the Leave of the Court of Aldermen first obtained for that â—urpose And as the Orphan comes to be of the Age of 21 Years or to be married with the Consent of the Court of Aldermen the Securities must take care to bring him to Guildhall with a person to prove his Age. Then the Orphan must acknowledge satisfaction for the Mony due to him or her of the Testator's Estate which must be done in the Court of Aldermen And upon Motion made by Mr. Common Sergeant the Court does order that all Bonds entered into for the Payment of such Orphan's Portion shall be delivered up and cancelled And if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances The Chamber of London is counted the safest and best Security in or about London 〈◊〉 the Moneys paid therein to the Use of the City or any Orphan being constantly repaid upon Demand without any trouble And when Orphans come to Age or be married with the Consent and Approbation of the Couâ— of Aldermen they may receive their Portion if paid into the Chamber at an hours notice though the Sum be 10000 l. or more Mâ— Chamberlain and his Clerks attending daily 〈◊〉 that purpose The finding or Interest Mony is constantly paid as it becomes due and the Court haâ— always taken great Care that every Orphaâ— shall receive his or her Portion out of the Chamber of London without paying any other or greater Fees than has been paid timâ— out of mind The Custody of Orphans is committed by the Court of Aldermen to such Person or Persons as they think fit And if any Person whatsoever do intermarry with any Orphaâ— without Leave of the said Court such Persoâ— may be fined by that Court according to the quality and portion of the Orphan And unâ—â— less such Person do pay the Fine or give Bonâ— to pay the same in some reasonable Timâ— though he shall have ten times a better Estate 〈◊〉 the Orphan he intermarries yet the Court may commit him to Newgate there to remain â—â—til the Fine be paid But if he settle an Estate upon the Orphan as the Court shall diâ—â—ct and make application to the Court â—â—y Petition to have the Fine remitted they â—ill in probability shew favour to such Perâ—on as they have done in the like Caâ—s The Lord Mayor Aldermen and Commons of the City of London in Common Council â—ave made several good Acts and Orders to preâ—ent Freemens Children from Marrying without the Consent of their Parents and Guardians â—nd to keep them from vicious Courses More â—articularly an Act of Common Council called Judds Law made in the Mayoralty of Sir Andrew Judd Knight in the Fifth year of King â—dward VI. Which Law though unrepealed the Lord Mayor and Aldermen have sometimes for special Reasons thought fit to dispense with in favour of Orphans that have â—ought Relief against the Penalties therein mentioned By the Custom of London a Freemans Wiâ—ow may require a third part of his Personal â—state after his Debts paid and Funeral Charâ—es discharged besides her Widows Chamber â—mished and his Children may require anoâ—er third part thereof The other third part â—f his Estate he may by his last Will give away â—ther to his Wife or any of his Children or â—ny other Person whatsoever But if he die â—thout Issue his Widow may require a Moity â—f his personal Estate after Debts paid together â—ith her Widows Chamber furnished And 〈◊〉 a Freeman make his Will contrary to this Custom and give away more than a third of his Estate from his Wife and Children they may be relieved against such Will by exhibiting their Bill in this Court
1688. Henry Pollixfen Esq Lord Chief Justice of the common-Common-Pleas Knighted at Whitehall March 5th 1688. Charles Sidley Knighted at Whitehall March 12. 1688. Thomas Pilkington Esq Lord Mayor of London Knighted April 10th 1689. William Whitelock Esq of the Middle-Temple Knighted April 10th 1689. Robert Harrison Esq Knighted at Whitehall April 12. 1689. Captain John Ashby and Captain Clovesty Shovel both Knighted on Shipboard May 16th 1689. Charles Hedges of Doctors Commons London Judge of the Admiralty Knighted at Whitehall June 4th 1689. Edward Mosely of Huling in Lancashire Esq Knighted at Whitehall June 4th 2689. Ralph Box of London Esq Knighted at Whitehall Octob. 25th 1689. Christopher Lethulier and John Houblon Knighted at Whitehall Octob. 29th 1689. Edward Clerk Alderman and Francis Child Goldsmith Knighted at Whitehall Octob. 29th 1689. Nicholas Lechmere Esq One of the Barons of the Exchequer All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. Tho. Rokesby Esq One of the the Justices of the common-Common-Pleas All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. Giles Eyres Esq One of the Justices of the Kings-Bench All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. Peyton Ventris Esq one of the Justices of the common-Common-Pleas All four Knighted in the Bedchamber at Whitehall Oct. 31. 1689. John Turton Esq One of the Barons of the Exchequer All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. George Hutchins Esq One of the Lords Commissioners of the Treasury All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. Will. Wogan Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. J. Tremain Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. W. Thompson Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. J. Trenchard Esq Their Majesties Serjeants at Law All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. John Somers Esq their Majesties Sollicitor General All Knighted in the Bedchamber at Whitehall Oct. 29. 1689. James de Castillo Knighted at Whitehall Dec. 1. 1689. William Cranmer Merchant Knighted at Whitehall Dec. 14th 1689. Thomas Miller of Chichester Esq Knighted at Whitehall Dec. 23. 1659. Pury Cust of Stamford Esq Knighted at Whitehall April 10th 1690. William Hussey of London Merchant lately sent Embassador to Constantinople Knighted at Whitehall April 17th 1690. Joseph Herne of London Merchant Governor of the East-India Company Both Knighted at Kingsington Sept. 15th 1690. Thomas Cook of London Goldsmith Deputy-Governor of the said Company Both Knighted at Kingsington Sept. 15th 1690. George Meggot Esq of Horsey Down in Surrey Knighted at Kinsington Oct. 9th 1690. Stephen Evans of London Knighted at Kinsington Octob. 14th 1690. A List of the present Deans both in England and Wales S. Asaph Bangor Bristol Canterbury Carlisle Chester Chichester Christchurch in Oxford S. Davids Durham Ely Exeter Glocester Hereford Lichfield Lincoln Norwich S. Pauls London Peterborough Rochester Salisbury Wells Westminster Winchester Windsor and Woolverhampton Worcester York Dr. Bright Dr. Jones Dr. Levet Dr. Sharp Dr. Mr. Musgrave Dr. Ardern Dr. Hawkins Dr. Aldrich Dr. Ellis Dr. Greenvill Dr. Spencer Dr. Annesly Dr. Jane Dr. Benson Dr. Addison Dr. Brevint Dr. Fairfax Dr. Tillotson Dr. Kidder Dr. Ullock Dr. Pearce Dr. Bathurst Dr. Sprat Bp. of Rochester Dr. Meggot Dr. Haskard Dr. Hicks Dr. Wickham The Colledge of Civilians called Doctors Commons exercent in London DR George Oxinden Dean and Official Principal of the Arches-Court of Canterbury and Vicar General of the Arch-Bishop of Canterbury Sir Charles Hedges Kt. Dr. of Laws Judg of the High Court of Admiralty Master of the Faculties and Chancellor of the Diocese of Rochester Sir Richard Raines Kt. Dr. of Laws Judg of the Prerogative Court of Canterbury and Chancellor to the Bishop of Lichfield and Coventry Dr. Thomas Bourchier Commissary of the Diocese of Canterbury Dr. Watkinson Vicar-General to the Arch-Bishop of York Sir Thomas Pinfold His Majesties Advocate-General Chancellor to the Lord Bishop of Peterborough and Official to the Dean and Chapter of St. Pauls Dr. Edward Masters Chancellor to the Lord Bishop of Exeter Dr. William Oldys Their Majesties Advocate for the Office of Lord High Admiral of England and to the Lords of the Prizes and Chancellor of the Diocese of Lincoln Dr. Henry Falconbridge Chancellor to the Bishop of St. Davids Dr. Pepper Chancellor to the Bishop of Norwich Dr. Henry Newton Chancellor to the Bishop of London Dr. Henry Aileworth Chancellor to the Bishop of Oxford Sir Timothy Baldwin Chancellor to the Bishops of Hereford and Worcester Dr. Briggs Chancellor to the Bishop of Chichester The Honourable Mountague Batchelor of Laws Chancellor to the Bishop of Durham Dr. John Cook Chancelor to the Bishop of Ely Morley Batchelor of Laws Chancellor to the Bishop of Winchester Dr. Powel Chancellor to the Bishop of St Asaph Dr. Richard Parsons Chancellor to the Bishop of Glocester Dr. Henry Jones Chancellor to the Bishop of Landaff Dr. Nicholas Chancellor to the Bishop of Carlisle Dr. Baylie Chancellor to the Bishop of Bath and Wells Dr. Wainwright Chancellor to the Bishop of Chester Dr. Jones Chancellor to the Bishop of Bristol Dr. Pennington Chancellor to the Bishop of Bangor Chancellor to the Bishop of Salisbury Doctors of Laws Sir William Trumball Kt. late Ambassador at Constantinople Dr. John Edisbury Official to the Dean and Chapter of Westminster Dr. Joseph Taylor Dr. Charles Davenant Dr. Fisher Littleton Dr. John St. John Dr. George Brampston Dr. Stephen VValler Dr. Mathew Tindale Dr. John Conant Dr. Thomas Lane Dr. Richard Paget Dr. Philip Foster Dr. Bryan VValton Dr. John Harwood Dr. John Rudston Registers Thomas Oughton Gent. Register to the High Court of Delegates John Clements Esq Register of the Arches Court of Canterbury Thomas Smith Deputy Register Thomas Tillot Actuary of the same Orlando Gee Esq Register of the High Court of Admiralty Thomas Bedford Gent. Deputy Register John Cheek General Marshal Proctors of the Arches and in all other Courts Samuel Francklyn Esq Batchelor of the Laws Their Majesties Proctor-General Mr. Ralph Suckley Mr. Everard Exton Mr. Batchel of Laws Mr. VVilliam Cole Mr. John Hill Mr. Ric. Newcourt Mr. Thomas Smith Mr. Francis Nixon Mr. Godfrey Lee. Mr. Robert Chapman Mr. Thomas Tillot Mr. Thomas Swallow Mr. Peter Parret Mr. Thomas Rock Mr. Samuel Wiseman Mr. John Hungerford Mr. John Miller Mr. Thomas Shepard Mr. Keate VValler Mr. Edward Shaw Mr. John Lovell Mr. Richard Martin Mr. John Roberts Mr. Robert Bargrave Mr. John Tomlinson Mr. George Sayer Mr. Robert Constable Mr. Robert Peirson Mr. John Playdell Mr. John Chase Mr. Joseph Patten Mr. Goldsmith Mills Mr. Edward Cooke The Prerogative Office or Registry for the Prerogative Wills in the Arch-Bishoprick of Canterbury Register of the Prerogative Court of Canterbury Everard Exton Batchelor of Laws Deputy Register Mr. Thomas VVelham Clerks in the said Office Mr. Charles Pinfold
the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges