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
Clayton Kt. Borough of Rygate Sir John Parsons Kt. John Parsons Esq Borough of â—uilford Morgan Randyll Esq Foot Onslow Esq Borough of Gatton Sir John Thompson Bar. Thomas Turgis Esq Borough of Haslemere Geo. Rodeney Bridges Esq Denzill Onslow Esq Susser 20. Sir John Pelham Bar. Sir Will. Thomas Bar. City of Chichester Sir Thomas Miller Kt. Thomas May Esq Borough of Horsham John Machell Esq Thomas White Jun. Gent. Borough of Midhurst Sir William Morley Knight of the Bath John Lewkner Esq Borough of Lewes Thomas Pelham Esq Richard Bridger Esq Borough of Shoreham Sir Edward Hungerford Knight of the Bath John Pery Esq Borough of Bramber Nicholas Barbon Esq Dr. John Radcliffe Borough of Steyning Sir John Fagge Bar. Robert Fagge Esq Borough of East-Greensted The Honourable Thomas Sackvile Esq Sir Thomas Dyke Bar. Borough of Arundel William Morley Esq James Butler Esq Warwickshire 6. William Bromely Esq Andrew Archer Esq City of Coventry Richard Hopkins Esq John Stratford Esq Borough of Warwick The Right Honourable William Lord Digby William Colemore Esq Westmorland 4. The Right Honourable Sir John Lowther of Lowther Bar. Sir Christopher Musgrave of Musgrave Kt. and Bar. Borough of Appleby The Honourable William Cheyne Esq Charles Boyle Esq Wilthshire 34. The Right Honourable Edw. Viscount Cornbury Sir Walter S. John Bar. City of New Sarum Thomas Hoby Esq Thomas Pitt Esq Borough of Wilton Sir Richard Grubham How Kt. and Bar. Thomas Windham Esq Borough of Downton Sir Charles Raleigh Kt. Maurice Bockland Esq Borough of Hindon Robert Hide Esq Thomas Chaffyn Esq Borough of Westbury The Honourable Peregrine Bertie Esq Richard Lewys Esq Borough of Hytesbury William Ash Esq Will. Trenchard Esq Borough of Calne Henry Baynton Esq Henry Chivers Esq Borough of the Devizes Sir Tho. Fowles Kt. Walter Grubb Esq Borough of Chipenham Richard Kent Esq Alexander Popham Esq Borough of Malmesbury The Honourable Goodwin Wharton Esq Sir James Long Bar. Borough of Criclade Edmund Webb Esq Charles Fox Esq Borough of Great Bedwin The Right Honourable Anth. Viscount Falkland Sir Jonath Raymond Kt. Borough of Ludgersale Thomas Neale Esq John Deane Esq Borough of Old Sarum Sir Thomas Mompesson Kt. William Harvey Esq Borough of Wootton-Basset Henry St. John Esq John Wildman Jun. Esq Borough of Marlborough Sir John Ernle Kt. Sir George Willoughby Kt. Worcestershire 9. Sir John Packington Kt. Thomas Foley Esq City of Worcester Sir John Somers Kt. William Bromely Esq Borough of Droitwich The Right Honourableâ— Richard Earl of Bellemont â—hilip Foley Esq Borough of Evesham Sir James Rushout Bar. Edward Rudge Esq Borough of Bewdley Henry Herbert Esq Yorkshire 30. The Right Honourable Thomas Lord Fairfax Sir Joyn Kay Bar. City of York Robert Waller Esq Henry Thompson Esq Town of Kingston upon Hull John Ramsden Esq Charles Osborne Esq Borough of Knaresborough William Stockdale Esq Thomas Fawkes Esq Borough of Scareborough Will. Thompson Esq Francis Thompson Esq Borough of Rippon Sir Edm. Jenings Kt. Sir Jonath Jenings Kt. Borough of Richmond Sir Mark Milbanck Bar. Theodore Bathurst Esq Borough of Heydon Henry Guy Esq Matth. Appleyard Esq Borough of Boroughbrig Sir Henry Goodrick Kt. and Bar. Sir Bryan Stapleton Borough of Malton Sir William Strickland Bar. William Palmes Esq Borough of Thriske Thomas Frankland Esq Richard Staines Esq Borough of Aldborough Sir Mich. Wentworth Kt. Christopher Tancred Esq Borough of Beverly Sir Michael Wharton Kt. William Gee Esq Borough of North-Allerton Sir William Robinson Bar. Thomas Lascells Esq Borough of Pontefract The Honourable Henry Dawney Esq Sir John Bland Bar. BARONS of the Cinque-Ports 16. Port of Hastings The Honourable John Beaumont Esq Peter Gott Esq Town of Winchelsea Sir Robert Austin Bar. Samuel Western Esq Town of Rye Sir John Austen Bar. Sir John Darrel Kt. Port of New Rumney Sir Charles Sidley Kt. John Brewer Esq Port of Hythe Sir Philip Butler Bar. Will. Brockman Esq Port of Dover Thomas Papillon Esq James Chadwick Esq Port of Sandwich John Thurbarne Serjeant at Law Edward Brent Esq Port of Seaford William Campion Esq Henry Pelham Esq WALES 24. Anglesey 2. The Right Honourable Rich. Viscount Bulkely Town of Beaumaris Thomas Bulkely Esq Brecon 2. Sir Rowland Gwyn Kt. Town of Brecon Jeossery Jeffreys Esq Cardigan 2. Sir Carbety Price Bar. Town of Cardigan Hector Philips Esq Carmarthen 2. Sir Rice Rudd Bar. Town of Carmarthen Richard Vaughan Esq Carnarvan 2. Sir Wil. Williams of Vaynal Bar. Town of Carnarvan Sir Robert Owen Kt. Denby 2. Sir Richard Middleton Bar. Town of Denby Edward Brereton Esq Flint 2. Sir Roger Puleston Kt. Town of Flint Thomas Whitley Esq Glamorgan 2. Bussey Mansel Esq Town of Cardiffe Thomas Mansell Esq Merioneth 1. Sir John Wynne Kt. and Bar. Montgomery 2. Edward Vaughan Esq Town of Montgomery Charles Herbert Esq Pembroke 3. Sir Hugh Owen Kt. Town of Haverford-west Sir William Wogan Kt. Town of Pembroke Arthur Owen Esq Radnor 2. Richard Williams Esq Town of New Radnor Robert Harley Esq In all 513. A List of the Lords and others of His Majesties most Honourable Privy Council with the Clerks of the Council HIS Royal Highness Prince George Thomas Marquess of Camarthen Lord President Henry Duke of Norfolk Earl Marshal Charles Duke of Bolton Robert Earl of Lindsey Lord Great Chamberlain of England William Earl of Devonshire Lord Steward Charles Earl of Dorset Lord Chamberlain Aubrey Earl of Oxford William Earl of Bedford Thomas Earl of Pembroke and Montgomery John Earl of Bath Charles Earl of Macclesfield Daniel Earl of Nottingham Secretary of State William Earl of Portland Thomas Earl of Faulconberg Charles Earl of Monmouth John Earl of Marlborough Richard Earl of Scarborough Henry Earl of Warrington Ralph Earl of Montague Henry Viscount Sidney Henry Lord Bishop of London Francis Lord Newport Marquess of Winchester Lord Chief Justice Holt. Sir Robert Howard Sir Henry Capel Sir Henry Goodrick Sir John Lowther Vice-Chamberlain Richard Hampden Esq Hugh Boscawen Esq Thomas Wharton Esq Comptroller of the King's Houshold Edward Russel Esq William Harbord Esq Henry Powle Esq Master of the Rolls Lords Commissioners of the Privy Seal William Cheyne Esq Sir John Knatchbull Bar. Sir William Palteney Kt. The Clerks of the Council Sir John Nicholas Kt. Mr. Blathwait Mr. Mountague Mr. Coleing A List of the Lords Commissioners and other Officers of the Court of Chancery The Lords Commissioners Sir John Trevor Knight Sir William Rawlinson Knight Sir Geo. Hutchins Knight Masters of Chancery Henry Powle Esq Master of the Rolls whose Sâ—cretary is Mr. John Rawlinson Sir William Child Sir John Hoskins Sir John Franklyn Sir Adam Oatley Sir Robert Legar Sir John Edgeburg Sir James Astrey Sir Miles Cook Roger Meredith Esq John Methwyn Esq Samuel Keck Esq The Six Clerks in Chancery Sir Rob. Marsham Kt. Sir W. Perkins Kr. â—hem Bridges Esq Littleton Powel Esq Rich. Garth Esq Basil Herne Esq The Cursitors Mr. Abraham Nelson Principal Mr. Mich. Terry Assistants Mr. Geo. Davies Assistants For Suffolk and
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-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
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
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
England into Counties there is a common way of dividing it but into Two Parts North and South that is all the Counties on the North and South-side of the River Trent Which way is followed by the Justices in Eyre of the Forest and likewise by the Kings at Arms. Another Division there is relating to the publick Administration of Justice by the Itinerant of Judges And that is into Six Circuits of which I shall give a particular Account in my second Part. Lastly for the Church Government England is divided first into two Provinces or Archbishopricks namely Canterbury and York and these two Provinces into 22 Diocesses or Bishopricks these into Archdeaconries Archdeaconries into Rural Deanries and these last into Parishes The Number whereof setting aside the 12 Counties of Wales amounts to near Ten Thousand CHAP. II. The Advantages of ENGLAND from its Situation in opposition to Inland Countries The natural Beauty of it A Description of its principal Rivers OF all the States of Europe there 's none more happy than ENGLAND whether we consider the Advantages of its Situation the Temperateness of its Air the Richness of its Soil the happy temper of its Inhabitants or the Blessed Constitution of its Government especially under their present Majesties As it is in a manner surrounded by the Sea it injoys Two great Advantages the One in Relation to foreign Trade and the Other in point of Security from forein Invasion In relation to forein Trade it lies open to all Parts of the World that are adjacent to the Sea either for the Exportation of home-bred or the Importation of foreign Commodities To which purpose as Nature has fenced its Sea-Coasts from the Irruptions and Inundations of the Sea with high Cliffs so she has furnished it with abundance of safe and capacious Harbours for the security of Ships As for a forein Invasion 't is certain that Islands of any great Importance are by Nature the most defensible Places and the least open to Conquests The Sea that fluid Element which surrounds them is such a Bar to their Enemies Attempts the Winds that govern it so fickle and uncertain the Charges of a Fleet and Land Army so vast the Preparations such as cannot be carried on with that speed and secrecy as for an Invasion by Land and the Difficulty of Landing so great in case of Opposition 'T is true no Continent perhaps was oftener Conquered than ENGLAND first by the Romans then by the Saxons afterwards by the Danes and last of all by the Normans But how was it done always by the help of some discontented or corrupted Party in the Island Thus Bericus a noble but disgusted Britain incouraged Claudius the Roman Emperour to stretch his Empire hither And Vortiger an Usurper of the British Throne called in the Saxons to his help who having got a footing here could not be so easily expelled as brought in In short it may be said England was never and can scarce be Conquered but by England especially since its happy Conjunction with Scotland and the Annexion of Wales As to the late Revolution 't is self evident that the chief Part of the Nation had a hand in it and as it proved we may justly call it not an Invasion as King James affected to do but a wonderful and signal Deliverance To those Two great Advantages of Trade and Security which England does injoy from its Situation near the Sea let us add the Prospect it has from the Sea-Coast of the wonderful Ocean one of the three great Antiquities of the World and the plentiful Variety of Fish and Sea-Fowl c. it affords to this Island But that which raises my Admiration of ENGLAND is the Beauty of it being generally a flat and open Country not overgrown with wild and unwholsom Forests nor dreadful high Mountains What Hills it has are generally very gentle and pleasant and raised as it were to give a charming Prospect to the Eye as its Forests seem only contrived for Variety and the pleasure of Hunting But one Thing there is which adds much to the Beauty of it and that is its excellent Verdure Which by reason of the mildness of the Air even in the Winter-Season exceeds in duration of Time the most fruitful Places of Europe To which add the Concourse of so many Rivers which glide through this Country and strive to make it agreeable and fruitful They are reckoned in all 325 the chief whereof are these following Viz. The Thames The Medway The Severn The Ouse The Trent The Humber The Tees The Tine The Twede The Thames is a Compound of the Thame and Isis two Rivers the first whereof rises in Buckinghamshire the other near Cirencester in Glocestershire both joyning together into one Stream by Dorcester in Oxfordshire where it parts that County from Barkshire From whence taking its course Eastward with many Windings and Turnings it parts Buckinghamshire from Barkshire Middlesex from Surrey and Essex from Kent Where being swelled with the Influx of several lesser Rivers it discharges it self into the Sea watering by the way amongst other Towns Reading and Windsor in Barkshire Kingston and Southwark in Surrey London in Middlesex Barking in Essex and Gravesend in Kent A River the Water whereof is extraordinary wholsom the Stream exceeding gentle and the Tides very commodious for Navigation For the Sea flows gently up this River about 80 Miles almost as far as Kingston being 12 Miles by Land and 20 by Water above London The Medway is a Kentish River not so remarkable for the length of its Course as for the Depth of its Channel and therefore made use of for harbouring the Royal Navy It runs thorough Maidstone Rochester and Chatham a few Miles from whence it empties it self in the Mouth of the Thames This River loses it self under Ground and rises again at Loose not far from Cox-Heath The Severn rises in Montgomeryshire a County of North-Wales From whence it runs through Shropshire Worcestershire and Glocestershire where it does so expatiate it self that the Mouth of it is more like an Arm of the Sea than any part of a River It waters in its course Shrewsbury Worcester and Glocester the chief Towns of the foresaid three Counties and takes in by the way several Rivers of good note two Avons the Temd the Wye and the Vsk The Ouse has its source in the South-Borders of Northamptonshire From whence it runs through the Counties of Bucks Bedford Huntington Cambridge and Norfolk where it discharges it self into the Ocean watering in its Course Buckingham Bedford Huntington Ely and the Sea-Port of Lyn in Norfolk The River that runs through York has also the Name of Ouse being a Compound chiefly of these three Yorkshire Rivers the Swale the Youre and the Warfe And between Norfolk and Suffolk you will find the little Ouse which parting these Two Counties runs at last into the great Ouse The Trent which divides England into Two Parts North and South has its Rise
Sir Thomas Pilkington was chosen in his room In whose Person the Chance is turned almost quite contrary For if he do's outlive the Time appointed for his Mayoralty by his late Re-election instead of being Mayor but one Year according to the usual Course his Mayoralty will reach near two Years and a half Next to the Lord Mayor there are 26 Aldermen A Recorder Two Sheriffs A Chamberlain Besides the Vnder-Sheriffs the Town-Clerk or Common Clerk and a Remembrancer these two last being both Esquires by their Places The 26 Aldermen preside over the 26 Wards of the City a peculiar Alderman being assigned to every Ward Who has under him a certain Number of Common-Council-Men and one of them his Deputy besides Constables Scavengers Beadles c. Now the Aldermen who have been Lord Mayors and the three eldest Aldermen that have not yet arrived to that honourable estate are by the City-Charter Justices of Peace of the City Upon the Death of an Alderman the Lord Mayor issues out his Precept to the Ward whereof he was Alderman to chuse two substantial Men of the City and return their Names to the Court of Aldermen Which being done the Lord Mayor and Court of Aldermen select one of the two such as they judge fittest for that Station The Recorder is usually a grave and learned Lawyer well versed in the Laws and Customs of the City and in that Capacity is an Assistant to the Lord Mayor He takes his place in Councils and in Court before any Man that has not been Mayor and 't is he that delivers the Sentences of the whole Court The two Sheriffs of this City are also Sheriffs of the County of Middlesex They are yearly chosen in the Guildhall on Midsummer-Day by the Livery-Men of the respective Companies that is by the Citizens from among themselves A high Priviledge considering the Importance of this Magistracy especially in their power of Impanelling Juries Yet my Lord Mayor by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs In which Case the Usage has been for the Commons to confirm such a Person and to elect another to serve with him However the new-chosen Sheriffs are not sworn till Michaelmas Eve and till then they do not enter upon their Office If any of the Parties chosen refuse to hold he inours a Penalty of 450 l. unless he do take his Oath that he is not worth ten thousand pounds Each Sheriff has under him an Vnder-Sheriff and six Clerks viz. a Secondary a Clerk of the Papers and four other Clerks He has also a certain Number of Sergeants and every Sergeant a Yeoman The Vnder-Sheriffs have also Clerks under them The Chamberlain is an Officer of great Power in the City For without him no man can set up Shop or follow his Trade without being sworn before him neither can one be bound an Apprentice to any Tradesman but by his Licence He may Imprison any that disobey's his Summons or anv Apprentice that misdemeans himself or else he may punish him in another manner But these are only general Notions of the chief Officers and Magistrates of London for the Particulars I refer you to the Courts of Judicature in my Third Part. In relation to Trade which is the Life of this City the Traders thereof are divided into Companies which are so many Bodies Politique all injoying large Privileges granted by former Kings unto them Those Companies are in all about 70 twelve whereof are called the Chief Companies Viz. The Mercers The Grocers The Drapers The Fishmongers The Goldsmiths The Skinners The Merchant Taylors The Haberdashers The Salters The Iron-Mongers The Vintners The Cloth-Workers Each Company or Mystery has a Master yearly chosen from among themselves and other subordinate Governours called Wardens and Assistants Such is the Harmony of this Government that these Companies do exactly correspond to the general Government of the City by a Lord Mayor and Common Council who are selected out of these several Companies For he that is chosen Lord Mayor must be free of one of these 12 Companies and if he be of any other Company he presently removes to one of these Which have got so great Credit and Reputation in the World that several Kings have honoured some of them by taking their Freedom thereof The present King was lately pleased to accept of the Freedom of the Company of Grocers presented to Him in a golden Box in the Name of the City by Mr. Box upon which he was Knighted by His Majesty In short such are the Priviledges of the Citizens of London that they are Toll-free throughout England And the Lord Mayor usually at the Request of any Citizen that trades in remote Parts grants him his Warrant or Certificate They have also the Priviledge to keep out all Artificers and Handicraftsmen not free of the City So that if a Freeman of London do imploy any such to work within the City or Liberties he is liable to the Forfeiture of 5 l. a Day and an Action lies against him for the same An Alien indeed may be imploy'd six Weeks but no longer And how severe soever this may seem to Foreiners yet it is grounded upon Equity For were it not for that Priviledge here would be such a Concourse of Foreiners that it would prove as it has by Experience the utter undoing of a great Number of poor Citizens and Freemen whose Livelyhood depends upon their Handicrafts Another great Priviledge they have is their sending no less than four Members to Parliament which is twice the Number of other Cities and Borough-Towns in England And it is observable that their Members do usually appear in their Scarlet-Robes the first Day the Parliament sits when all other Members except the Speaker of the House appear in their usual Habit. Thus the Lord Mayor of London under the gracious Influences of the English Monarchs makes a Figure more like a Prince than a Subject And the Citizens of London though under the same general Government as all the rest of the Kings Subjects yet live within themselves blest with so many Advantages that I can compare them no better than to the old Citizens of Rome under the best of their Emperours And indeed the main Thing which has incouraged Trade here to that degree as to render this Place so rich and flourishing is the great Charters Priviledges and Immunities it is invested with by the Munificence of several of the former Kings Whereby the Londoners are Impowered to chuse their own Magistrates to do themselves Justice to maintain their own Peace and pursue all the good and advantagious Ends of Trade with the better Success and greater Security In order to which they keep within themselves many Courts and Councils where they make Laws for the better Government of the several Ranks and Orders of Men among them And though these grand Priviledges were judged to be forfeited by the Court of Kings Bench upon the Quo
Defenders of the Faith Which last Title was given by Pope Leo X to King Henry VIII for a Book written by him against Luther in Defence of some Points of the Romish Religion and afterwards confirmed by Act of Parliament for Defence of the ancient Catholick and Apostolick Faith as it is now professed by the Church of England Whereas the King of France is called Most Christian and the King of Spain Most Catholick The Title of Majesty came not into use in England till the Reign of Henry VIII Instead whereof the Title of Grace now appropriated to the Dukes and the two Archbishops was given to former Kings and that of Highness to the foresaid King Henry till the Word Majesty prevailed When we speak to the King the Word Sir is often used besides Your Majesty according to the French Sire which is likewise applied â—o that King For the King's Arms or Ensigns Armorial He â—ears in the first place for the Regal Arms of â—rance Azure 3 Flower de luces Or quarterâ—d with the Arms of England which are Gules 〈◊〉 Lions passant Gardant in pale Or. In the seâ—ond place for the Royal Arms of Scotland a â—ion rampant Gules within a double Tressure â—unter flowred de luce Or. In the third place or Ireland Azure an Irish Harp Or stringed â—rgent In the fourth place as in the first To which has been added since the present King's â—ccession to the Crown another Lion in the â—iddle thus blazoned Azure a Lion rampant â—r between an Earl of Billets Or. And all this within the Garter the chief Enâ—gn of that Order above which is an Helmet â—swerable to his Majesties Sovereign Jurisâ—iction and upon this a Mantle The Mantle 〈◊〉 Cloth of Gold doubled Ermin adorned with 〈◊〉 Imperial Crown and surmounted for a Crest 〈◊〉 a Lyon Passant Gardant Crowned with the â—â—ke The Supporters a Lyon Rampant Gardant 〈◊〉 Crowned as the former and an Vnicorn Arâ—â—t Gorged with a Crown thereto a Chain afâ—ed passing between his Fore-legs and reâ—xed over his Back Or. Both standing upon Compartment placed underneath and in the â—ce of the Compartment this Royal Motto â—en mon Droit that is God and my Right â—hich Motto was taken up by Edward the â—ird when he first claimed the Kingdom of â—ance Who also gave the Motto upon the â—â—ter Honi soit qui mal y pense that is Shame to him that evil thereof thinketh The Arms of France are placed first as being the greater Kingdom and perhaps thereby to induce the French the more easily to owâ— the English Title The Ensigns of Royalty such as Crowns Scepters Purple-Robe Golden-Globe and Holy Vnction the King of England has them all And so he has all the Marks of Sovereignty As the Power of making Treaties and League with forein States of making Peace or Waâ— of sending and receiving Ambassadours Creating of Magistrates Convening the Parliament of Adjourning Proroguing and Dissolving the same when he thinks fit of conferring Title of Honour of pardoning some Criminals oâ— Coyning c. All which Marks of Sovereignty are by Law lodged in the Crown Accordingly the King of England without the Concurrence of his Parliament levies Meâ— and Arms for Sea and Land-Service and may if need require press Men for that purpose He has alone the Choice and Nomination of aâ—â— Commanders and Officers the principal Direction and Command of his Armies and thâ— Disposal of all Magazines Ammunition Castles Forts Ports Havens Ships of War The Militia is likewise wholly at his Command And though he cannot of himself raise Mony upon his Subjects without his Parliament yet he haâ— the sole Disposal of publick Moneys In the Parliament He has a Negative Voice that is he may without giving any Reason for it refuse to give his Royal Assent to anâ— Bill though passed by both Houses of Parliâ—ment and without his Assent such a Bill 〈◊〉 but like a Body without Soul He may at 〈◊〉 pleasure increase the Number of the House 〈◊〉 Peers by creating more Barons or summoning thither whom he thinks fit by Writ and of the House of Commons by bestowing Priviledges on any other Town to send Burgesses to Parliament He has the Choice and Nomination of all Counsellours and Officers of State of all the Judges Bishops and other high Dignities in the Church In short the King is the Fountain of Honour Justice and Mercy None but the King has the Sovereign Power in the Administration of Justice and no Subject has here as in France Haute Moyenne basse Jurisdiction that is High Mean or Low Jurisdiction So that the King only is Judge in his own Cause though he deliver his Judgement by the Mouth of his Judges By Him is appointed the Metal Weight Purity and Value of Coyn and by his Proclamation he may make any forein Coyn to be lawful Mony of England So tender is the Law for the Preservation of his Sacred Person that without any overt Act the very Imagining or intending the Death of the King is High Treason by Law And though by Law an Idiot or Lunatick Non Compos Mentis cannot commit Felony nor any sort of Treason yet if during his Idiocy or Lunacy he shall Kill or go about to Kill the King he shall be punished as a Traytor In point of Physick by an ancient Record it is declared That no Physick ought to be administred to the King without a Warrant signed by the Privy Council by no other Physician but what is mentioned in the Warrant and the Physicians to prepare it themselves with their own hands If there be occasion for a Surgeon he must be likewise authorized by a Warrant And such is the Honour and Respect the King of England receives from his Subjects that 〈◊〉 Prince in Christendom receives more Homage Not only all Persons stand bare in his presence but even in his absence where he has a Chaiâ— of State All People at their first Address kneel to him and he is at all times served upon the Knee 'T is true the King of England is not free to act contrary to or to dispense with the known established Laws Neither can he of himself repeal a Law or make any new Law without the Concurrence of both Houses of Parliament A happy Impotency both to King and People For whilst the King keeps within the Bounds of the Law he can do no Wrong and the People can receive no Harm Had the late King but acted accordingly he might have been a most glorious Monarch instead of being now a general Object of Pity Far from being necessitated to creep under the shelter of a Proud Monarch he might have been a Curb to his Pride and the Refuge of many Nations that suffered Fire and Sword to advance what he called his Glory Three Crowns at once are too great a Sacrifice not to God but to a Mercenary Crew of Priests and Jesuits Tantum Religio potuit suadere Malorum As to the Rank and Reputation
Maâ—sties a bold Thing I confess for my Pen to â—â—dertake but such as I can make it it may â—ake us the more sensible of our Happiâ—ess The King is a Prince perhaps the best qualiâ—ed for a Throne He is Great without Pride â—rue to his Word Wise in his Deliberations â—ecret in his Counsels Generous in his Atâ—â—mpts Undaunted in Dangers Valiant withâ—â—t Cruelty Unchanged under all Events He â—ves Justice with Moderation Government â—ithout Tyranny Religion without Persecuâ—â—on and Devotion without Hypocrisy or Suâ—rstition How often has he exposed his Life through â—re and Sword for a sinking Commonwealth â—ll at last he rescued it from the open Violence of one King and the Undermining of another No Temptation could draw him away from 〈◊〉 generous Principle nothing but true Greatneâ— could make him Great To Save us here when we were at the Britâ— of Ruin designed for a Prey to those two Inseparable Monsters Popery and Slavery He hâ—ventured his Life by Sea and Land By Sea 〈◊〉 the worst Season of the Year in the face 〈◊〉 Two great Monarchs his Professed Enemies anâ— upon an Element which at his first setting oâ— seemed to Declare against Him By Land hâ—ving a great Army to oppose many Hardshiâ— to undergo Uncertainties to struggle with tâ—â— Romish consecrated Daggers and Poyson to pâ—vent Undaunted he went through all and without shedding of Blood restored of a suâ—den two languishing Nations France thâ— laughed at the Attempt was amazed at thâ— Success and her superfine Politicks blushed 〈◊〉 the sight of this But that which is admirable is to see a Prinâ— of a Temper so even as neither to be disheaâ—ned with Hardships and Misfortunes nor pâ— up with Success Always the same though â—â—der various Circumstances which is a trâ— Symptom of a great Soul Whereas Mutahiâ—ty is the proper Character of a mean aâ—cowardly Soul sometimes huffing other timâ— sneaking sometimes ready to tear his Sâ—â—jects to pieces at other times fawning upâ—â— them From those great Things His Majesty 〈◊〉 done hitherto one may guess at his next â—â—tempt assoon as Ireland is reduced The Freâ— King's Invasions and Devastations and his hâ—rid Persecution of his Protestant Subjects 〈◊〉 â—hings not to be forgotten Manet alta mente â—â—stum and I am much mistaken if the wild 〈◊〉 at last don't meet with a Hercules Che va â—â—no va sano As for the Queen She is the Glory of her â—ex the fairest and yet the best natured â—incess in the World Humble and affable in â—er Conversation never seen in any Passion â—ways under a peculiar Sweetness of Temper â—loved of her Friends admired by her Eneâ—ies Moderate in her Pleasures full of Zeal 〈◊〉 her Devotions and of Charity towards Peoâ—le in Distress A professed Enemy to Idleâ—ess and as great a Lover of Vertue and Knowâ—dge In a word She is a Princess of many â—â—traordinary Vertues and Excellencies withâ—ut any appearance of Vanity or the least mixâ—â—re of Vice So that we have under this Government â—â—e fairest Prospect imaginable of a suture Hapâ—iness And after several weak and inglorious â—eigns we are like in this with Gods Blesâ—ing if we be not wanting to our selves to â—e once more the Delight of our Friends and 〈◊〉 Terrour to our Enemies CHAP. XIV The Vnreasonableness of the Disaffected Party under Their Majesties Gracious Government UNder our happy Circumstances of 〈◊〉 gentle and easy Government of seeing our Laws and Property Restored wâ— want nothing but Union to compleat our Happiness But instead of it we have Men amongst us that are already sick of it some Churchmen some Dissenters besides the generality of Roman Catholicks These indeed have the most reason to grumble who by losing King James have loâ—â— their greatest Hopes Yet if they do seriously consider what Indulgence they met with when they expected nothing but Vengeance they ought to rest satisfied and blush at their bloody Principles What have they suffered for all their Clamours Threats Insults and Outrages during the Reign of King James Scarce a Man hurt amongst them and but a few Houses pulled down by the Rage of the Mobile incouraged thereto by the Desertioâ— of King James when he left us without anâ— form of Government Ever since they have injoy'd the same Protection with the otheâ— Subjects of this Kingdom whatever has beeâ— maliciously suggested and published beyond Seâ— to the contrary and have been no where at least with Authority hindered in their Devotions So very Indulgent the King has been hitherto to his greatest Enemies But suppose King James had prevailed they would have had indeed Popery Triumphant fine Processions Monks in their proper Habits and our Saviour walking the Streets in a Box. But what 's all this to Property A Belly full of domineering Popery makes many an empty Belly for Slavery always attends it The Church of Rome is an hungry Church and the Princes of her Communion know best how to squeeze their Subjects Whilst they work upon the â—ody she works upon the Soul They pull one way she another and so they divide the Spoil making a Prey of the People every where Therefore if the English Papists understand their true Interest as their Wise Ancestors did they ought to stand for the English Liberty as â—ong as they can have any Indulgence in matter of Religion But besides the Roman Catholicks which are â—â—deed the most excusable in this Case who â—ould have imagined that Protestants should be â—anable of lessening themselves their own Hapâ—iness in this Change And amongst them â—senters disgusted but for what Because 〈◊〉 King has declared Himself particularly for 〈◊〉 Church of England I bear a Love to Disâ—â—ters as Christians and Protestants and Soâ—er People for the generality But they cannot â—pect to be blameless as long as Envy and Reâ—nge two Passions very opposite to Contenâ—ness and Meekness do so far possess some of â—â—em as never to be pleased till they get the â—â—ff in their hands Time was when they desired â—hing more but the Liberty of Serving God in their Way without Molestation This Liberty they got since this Change by Act of Parliament with the ready Concurrence of the Church of England Members and the King's Assent to it but now it won't serve their turn If nothing will please them but to see a Church run down that stood alone at the Gap in the late Reign that so learnedly baffled all the Popish Writers and was therefore by a Roman Decree to be stript of all and destroyed when the Dissenters were much in favour in that Court God forbid they should ever be pleased The King knows who are the best Friends to the Crown and upon whom he may safely rely He loves all his Subjects but perhaps not all alike The Mischief is that some of our Churchmen are also out of Humour or rather out of order One lies sick of a Scruple of Conscience another languishes in love with King James a third is e'en distracted betwixt
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
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-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
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
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
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