and cleanse the said noble River Westward of seventy nine stops or hatches consisting of sundry great stakes and piles purposely erected by Fishermen for their private lucre and standing illfavouredly for passengers near unto the Fair deep but none of them remain now but such as stand out of the passable high stream and can be no prejudice to passers by yet some are permitted to be planted at the waters bottome and so they serve as a great succour to the young brood of fish being placed so remote on the River Nor is this provident care for security of passengers and conservation of the young fry or fish a new thing for it appears that the like course was kept in the Reign of Henry the fourth and after in Henry the eighth as Records and Chronicles do shew Moreover there is a watchful eye that no carren or dead carkasses be thrown into the River to pollute or infect the stream To all these intents and purposes the Lord Mayor and the Aldermen his Brethren with the under Officers do use to meet eight times yearly in the four Counties of Middlesex Surrey Kent and Essex and have a judicial sitting for maintenance of the Rivers Rights and Priviledges where they have power to empanel Juries to make Inquisition after all offences committed upon the River within their extent And as the Verdict given up by the Jury make it appear so they proceed to the punishment of the transgressors according to the quality of the offence and it is worthy the observation to know the manner of their so solemn proceedings whereof this instance shall be produced extracted out of authentick Records Sir Iohn Iolles Knight and Lord Mayor of the City of London and Conservator of the River of Thames and waters of Medway assisted and accompanyed by the Aldermen and two Sheriffs then contemporary and attended by the Recorder and the Sub-conservator or Water-bayly with fifty Officers and servants took their Barges at Belmsgate the third of Iuly 1616 and within few hours arriv'd at Gravesend in Kent where a Session for the conservancy of the said River was kept before the said Lord Mayor and his forenamed Assistants At which time and place a Jury of the Freeholders of the said County being sworn to enquire of all offences committed in any part of the River whatsoever within the said County the Common Sergeant of the City the Recorder being then absent upon extraordinary occasions deliver'd them a charge to this effect That forasmuch as there had not been any Session of Conservancy in many years passed kept by any Lord Mayor of London in that place it was probable and evident they could not be well informed neither of the Lord Mayors jurisdiction and power to reform annoyances and offences there and to inflict due punishments upon the Offendors nor of the nature of the service to be by them performed in the course of their enquiry therefore he thought it convenient to make it known unto them both the one and the other Hereupon he shew'd them The Jurisdiction of the Court of London in the River of Thames from Stanes-bridge Westward unto the points of the River next the Sea Eastward appear'd to belong to the City in manner and form following First In point of right by Praescription as it appeareth by an ancient Book call'd Dunthorne that Civitatis fundationis aedificationis constructionis causa erat Thamesis Fluvius quorum vero Civitatis Fluminis gubernationem tam Duces Majores Custodes Vicecomites Aldr. magnates Civitatis memoratae hucusque obtinuerunt habuerunt Whence he inferr'd that the government of the River hath belong'd to the City time out of mind In 21. Hen. 3. Iorden Coventry one of the Sheriffs of the City was sent by the Mayor and Aldermen to remove certain Kiddles that annoy'd the Rivers of Thames and Medway who ultra Yenland versus Mare did take divers persons that were Offendors and imprison'd them Whereupon complaint being made to the King he took the matter ill at the first and sent for the Lord Mayor and Citizens to Kennington where upon hearing of the matter before the said King the Cityes Jurisdiction over the said River was set forth and allow'd and the Complainants convinc'd and every one of them amerc'd at 10 l. and the amercements adjudged to the City And afterward their Nets were burnt by judgement given by the Lord Mayor and Aldermen in the Hustings Moreover 1. Richardi secundi Writs were directed to the Sheriffs of Essex and Kent reciting the Cities Title with command not to suffer the Citizens of London to be molested contrary to the Liberties formerly granted and allowed unto them Secondly in point of right by allowance in Eire the conservation of the Thames belongs to the City for it was produc'd that 1. Rich. ◠before Hugh Bigot being Justice Itinerant the Sheriffs and Citizens of London were call'd in question for their Jurisdiction exercised on the Thames before whom it was found by a Jury in Southwark Quod nullus habeat aliquid juris in Thamisia usque ad novum gurgitem nisi Cives Londonens In the 14. of Ed. 2. the Constable of the Tower was indited by divers Wards of London before the Justices in Eire at the Tower De muneris et recep cove pro kidellis in Thamisiis et Constabularius ad Kidellas respondet quód Iustic non habent jurisdictionem extra London plitum inde cognoscere cum predict kidelli sunt in aliis comitatibus et Justic. dixerunt Aqua Thamisiae pertinet ad Civitatem London usque mart si velit respondeat who then pleaded Not guilty 3. He went further that this Jurisdiction belonged to the City by ancient Charters 8. R. 1. Dominus Ricardus Rex filius Regis Henrici secundi concessit firmiter praecepit ut omnes Kidelli qui sunt in Thamisia amoveantur ubicunque fuerint in Thamisia 1. Ioh. Rex concessit firmiter praecepit ut omnes kidelli qui sunt in Thamisia vel in Medway amoveantur ne caeteri kidelli alicubi ponantur in Thamisia vel in Medway super sort X. li. sterlingorum Then he urg'd the famous Charter of King Henry the third which ran thus Henry by the Grace of God King of England Lord of Ireland Duke of Normandy and Aquitaine and Earl of Anjou unto all Archbishops Bishops Abbots Priors Earls Barons Justices Sheriffs Stewards Ministers and to all Bayliffs and to all his true Men Greeting Woreth well that We for the health of our soul and the health of the soul of King John our Fader and the souls of all our Ancestors and also for common profit of our City of London and of all our Realms have granted and steadfastly commanded That all the Weares that be in Thames or in Medway be done away And that from henceforth no Weares be set in Thames or Medway upon the forfeiture of 10. l. Also we claim quit to our Citizens of London
away at last their own Legions whereupon the Iland being thus grown weak much depopulated and to a long deâ—uetude of Arms the Saxons who are now the English yet keep still their first denomination of Saxons both in the British and Irish Tongues to this day came over with a considerable strength and having in a Parly on Salsbury Plains musiered most of the British Nobility by a stratagem and taken Vortiger the King Prisoner He for his ransom was forc'd to give not only London but most part of the Iland to the Saxons And the chief Magistrate of London they call'd Portreve which is a Gardian or Governour of a Port and that name is yet used in England in some places The Saxons then changed their names into Englishmen yet they continued Pagans a long time after but at last the Britains converted them to Christianity and then the City of London flourished exceedingly for many Ages till there came over a swarm of Danes who proved more fatal to London then any other Nation for by fire and sword they had almost utterly destroyed Her had not the Londoners at last rowz'd up their spirits who making vertue of necessity did fall upon King Swein the insulting Enemy with such a resolution that by a mighty slaughter and extraordinary prowesse they utterly repel'd him The City having recovered her former lustre though 't was a good while first she continued under the English Government and the Magistracy of a Portreve till the Norman rush'd in yet the Title was not alter'd a good while after when at last he came to be call'd Bayliffe and sometimes Provost Richard the first for supporting the Croy sada and his Warres in the Holy Land got great Contributions of monies from the Londoners in lieu whereof he gave them leave to choose two Bayliffs annually King Iohn after him chang'd their Bayliffs into a Maior and two Sheriffs To these Henry the third adds some Aldermen who though yeerly Elegible at first grew afterwards Perpetual Now this Word Alderman is consonant to Senator being both derived from old Age and Gravity The first Alderman we read of in England was in the time of King Edgar about 800 years agoe whose name was Ailwine and was descended of the blood Royal as appeares by his Epitaph in that goodly Monastery in the I le of Ely whereof he was founder himself which Epitaph runs thus Hic requiescit Dom. Ailwinus inclyti Regis Edgari Cognatus totius Angliae Aldermannus hujus Sacri coenobii miraculosus Fundator Here resteth the Lord Ailwine Cousin to Noble King Edgar Alderman of all England which some interpret chief Justice miraculous Founder of this holy Abbey Hence it may be infer'd that the appellation of Alderman is not only venerable but ancient honourable And from this Lord Ailwine it seemes the first Maior of London descended who was Henry Fitz-Alwin Anno 1191. who continued many years in the Office lies buried in St. Mary Bothaw near London-stone and the next Maior to him was Roger Fitz-Alwin after whom he Office grew annual The City being thus in tract of time come to a fixed and setled Government she began to flourish exceedingly And as she increased in Men Manufactures and Merchandizing so the Kings did enlarge their royal favours unto Her Anno 1226. Henry the third confirmed unto the Citizens of London free Warren or liberty to hunt about the City and in the Warren of Stanes Moreover that the Citizens of London should passe Toll-free throughout all England and that the Keddles and Weres in the Rivers of Thames and Medway should be plucked up and destroyed for ever because Navigation to London might be more free Roger Renger was Maior when these Patents were granted A few years after the liberties and franchises of London were ratified by the same King who granted that either Sheriff should have two Clarks and two Sargeants and that the Citizens should have a Common Seal A little after the same King granted that the Maior Elect should be presented to the Barons of the Exchequer and they should admit him Moreover he gave way that the City should be fortified with Posâ—s and Iron Chains drawn athwart over the streets Anno 1326. Edward the third much increased the Immunities of the City and the Authority of the Maior for he granted that the Maior should be Iustice for the Gaol delivery at Newgate and have power to reprieve Prisoners That the Citizens of London should not be constrained to go out of the City of London to any Warre He granted also that the liberties and franchises of the City should not after that time be taken into the Kings hands as it had bin often before when a Custos was put in Moreover He granted by Letters Patents that there should be no other Eschetor in the City but the Maior Anno 1338. He granted that the Sargeants attending the Maior and the Sheriffs should bear Maces silver and gilt with the Royal Arms engraven Anno 1356. The same King ordained that whereas the Aldermen were used to be chang'd yeerly they should not be removed without special cause for the future Then for the higher honour and Authority of the Office the Sword was added with the Cap of Maintenance Thus in proceâ—s of time the Government of London grew to be more and more established Anno 1415. Sir Henry Barton being Maior ordained Lanthorns and Lights to be hang'd out on the Winter Evenings betwixt Alhollontide and Candlemas Sir Iohn Norman being Maior was the first who went upon the River to Westminster having made a stately Barge to that purpose Anno 1453. And the rest of the Companies followed that laudable Example with their Barges also Anno 1473. Sir Iohn Tate being Maior the Sheriffs of London were appointed each of them to have sixteen Serjeants and every Serjeant to have his Yeoman Moreover they were to have six Clerks a Secondary a Clark of the Papers with fower other Clarks besides the Under Sheriffs Clark Anno 1484. It happened that there was successively one after the other three Mayors and three Sheriffs of London in the compasse of one year by reason of the sweating sickness which rag'd so extreamly Anno 1501. Sir John Sha being Maior added some state to the Office for it was ordered that the Aldermen his Brethren should attend him on Horseback from Guild-hall to the Rivers side when he took Barge for Westminster Besides he was the first who kept Court in his own House for redressing of such matters that came before him Sir William Capel being Maior of London caus'd Cages to be set up in every Ward for the punishments of Vagabends and Rogues Anno 1556. Sir Thomas Ossley being Mayor the Night Bel-man was first ordained Queen Elizabeth did much favour the City of London and for the better Government thereof gave way for a Provost Marshal to be appointed Thus have we observed that the Governours in chief of the City of
Edward the black Prince sonne to Edward the third who was in his life time lodged there and 't was called the Prince of VVales his Court which was afterward for a long time a common Hostry having the sign of the Black Bell. Of the Eleventh Ward or Aldermanry of the City of London called Candle-wick Ward WE will now see what light Antiquity can give us of Candle-wick street or Candle-wright street Ward It beginneth at the East end of great East-cheap it passeth West through East-cheap to Candle-wright street and thorough the same down to the North end of Suffolk Lane on the South side and down that Lane by the West end of St. Lawrence Church-yard which is the farthest West part of that Ward the street of Great East-cheap is so called of the Market there kept in the East part of the City as VVest-cheap is a Market so called being in the West This East-Cheap is now a Flesh-market of Butchers there dwelling on both sides of the street it had sometime also Cooks mixed amongst the Bâ—tchers and such other as sold Victuals ready dressed of all sorts For of old time when friends did meet and were disposed to be merry they never went to dine and Sup in Taverns but to the Cooks where they called for meat what them liked 〈◊〉 they alwayes sound ready dressed and at a reasonable rate for Vintners 〈◊〉 â—old onâ—y Wine In the year 1410. the eleventh of Henry the fourth upon the Even of Saint Iohn Baptist the Kings Sonnes Thomas and Iohn being in East-Cheape at Supper or rather at break-fast for it was after the Watch was broken up betwixt two and three a Clock after mid-night a great debate happened between their men and other of the Court which lasted one houre till the Maior and Sheriffs with other Citizens appeaâ—â—d the same For the which afterwards the said Maior Aldermen and Sheriffs were called to answer before the King his Sons and divers Lords being highly moved against the City At which time William Gascoignâ— chief Justice required the Maior and Aldermen for the Citizens to put them in the Kings Grace whereunto they answered that they had not offended but according to the Law had done their best in stinting debate and maintaining of the peace upon which answer the King remitted all his Ire and dismissed them And to prove this East-Cheape to be a place replenished with Cooks it may appear by a Song called London lick-penny made by Lidgate a Monk of Bury in the Reign of Henry the fifth in the person of a Country-man comming to London and travelling thorough the same In West-Cheape saith the Song he was called on to buy fine Lawn Paris Thred Cotton Umble and other linnen Clothes and such like he speaketh of no silk In Corn-hill to buy old Apparel and Houshold-stuffe where he was forced to buy his own Hood which he had lost in Westminster-hall In Candlewright-street Drapers proâ—cred him Cheap Cloth In East-Cheape the Cooks cryed hot Ribs of Beef rosted Pies well baked and other Victuals There was clattering of Pewter-Pots Harp Pipe and Sawtry yea by cock nay by cock for greater Oaths were spared some sang of Ienkin and Julian c. All which Melody liked well the Passenger but he wanted money to abide by it and therefore gat him into Gravesend-Barge and home into Kent Candlewright so called in old Records of the Guild-hall of St. Mary Overies and other or Candlewick-street took that name as may be supposed either of Chaundlers or Makers of Candles both of Wax and Tallow for Candle-wright is a Maker of Candles and of Wick which is the Cotton or yarn thereof or otherwise which is the place where they used to work them as scalding wick by the Stocks-Market was called of the Poulterers dressing and scalding their Poultry there And in divers Countries Dairy-houses or Cottages wherein they make Butter and Cheese are usually called Wickes There dwelled also of old time divers Weavers of Woollen Clothes brought in by Edward the 3d for I read that in the four and twentieth of his Reign the Weavers brought out of Flanders were appointed their meetings to be in the Church-yard of St. Lawrence Poultney and the Weavers of Brabant in the Church-yard of St. Mary Sommerset There were then in this City Weavers of divers sorts to wit of Drapery or Tapery and Nappery these Weavers of Candlewicke street being in short time worn out their place is now possessed by rich Drapers Sellers of Woollen Cloth c. On the Northside of this Ward at the West end of East-Cheape have ye St. Clements Lane a part whereof on both sides is of Candlewicke street Ward to wit somewhat North beyond the Parish Church of St. Clement in East-cheape Though this Church be small yet there are some comely Monuments in it among others of William Chartney and William Overy who founded a Chantry there Next is St. Nicholas Lane for the most part on both sides of this Ward almost to St. Nicholas Church Then is Abchurch Lane which is on both sides almost wholly of this Ward the Parish Church there called of St. Mary Abchurch Apechurch or Upchurch as I have read it standeth somewhat near unto the South end thereof on a rising ground It is a fair Church Simon de Winchcombe sounded a Chauntery there the 19th of Richard the Littletonâ—ounded â—ounded another and Thomas Hondon another Here are likewise some remarkable Monuments particularly of Sir Iames and Sir Iohn Branch both Lord Mayors of London about the year 1570. On the South side of this Ward beginning again at the East is St. Michaels lane which lane is almost wholly of this Ward on both sides down towards Thames street to a Well or Pump there on the East side of this Lane is Crooked Lane aforesaid by St. Michaels Church towards New Fishstreet One of the most ancient Houses in this Lane is called the Leaden Porch and belonged sometime to Sir John Merston Knight the first of Edward the 4th It is now called the Swan in Crooked Lane possessed of strangers and retailing of Rhenish Wine The Parish Church of this St. Michaels was sometime but a small and homely thing standing upon part of that ground wherein now standeth the Parsonage House and the ground thereabout was a filthy plot by reason of the Butchers in East-Cheape who made the same their Lay-stall VV. de Burgo gave two Messuages to that Church in Candlewick street 1317. John Loveken Stock-fish monger fout times Maior builded in the same ground this fair Church of St. Michael and was there buried in the Quire under a fair Tombe with the Images of him and his Wise in Alabaster the said Church hath bin since increased with a new Quire and side Chappels by Sir W. Walworth Stock-fishmonger Maior sometime Servant to the said John Loveken Also the Tombe of Loveken was removed and a flat stone of gray marble garnished with Plates of Copper laid on him as it
the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aroâ—e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adultâ—mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idonâ—os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Peâ—y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chanceâ—y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents
Sheriffs and other Accounts keep their day of prefixion 6. The green Was is certified into this Office and by him delivered to the Clerk of the Estreats 7. There ought to be brought into this Office all the Accounts of Customers Controulers and all other to make an entry of Record in this Office to avoid delay and concealments The Oath of the Barons of the Exchequer consists of ten parts First That he shall well and truly serve in the Office of Baron 2. That truly he shall charge and discharge all manner of people as well poor as rich 3. That for Higness nor for Riches nor for hatred nor for any deed gift or promise of any person which is made unto him nor by craft engine he shall let the Kings right 4. He shall not let disturbe or respite contrary to the Lawes of the Land the Right of any other person 5. He shall not put in respite the Kings Debts where goodly they may be levied 6. That he shall speed the Kings need before others 7. That neither for gift wages nor good deed he shall layn disturb nor let the profit or reasonable advantage of the King in the advantage of any other Person nor of himself 8. That nothing he shall take of any Person to do wrong or right to delay or deliver or to delay the people that have to do before him that as hastily as he may them goodly to deliver without hurt of the King c. 9. Where he may know any wrong or prejudice to be done to the King he shall put and do all his power and diligence that to redresse 10. The Kings Counsel he shall keep and layne in all things In the Exchequer Chamber all cases of difficulty either in the Kings bench or the Common Pleas were used to be debated argued and resolved by all the Judges of England and the Exchequer Barons The Treasurer of the Kings Chamber and the Keeper of the privy purse with such domestick Offices of the Kings House are not subject to this Court of Exchequer This Court was first erected for the particular profit and service of the Soveraign Prince And this profit is mediat or immediat Immediat as of Lands Rents Franchises Hereditaments Debts Duties Accounts Goods Chatrels and other profits and benefits whatsoever due unto the Soveraign Prince Mediate as the priviledge of the Officers and Ministers of the Court for two things do principally support the jurisdiction of a Court as my Lord Coke hath it first the preservation of the dignity thereof and then the due attendance of the Officers and Ministers of the same The chief Baron is created by Letters Patents and the Office is granted Quamdiu se bene gesserit wherein he hath a more fixed estate it being an estate of life than the Justices of other Benches have who are durante beneplacito And in like manner are the rest of the Barons constituted with the Patents of the Attorney General and Solicitor There is a Court called the Court of Equity in the Exchequer Chamber The Iudges of this Court are the Lord Treasurer the Chancelor of the Exchequer and the Barons Their jurisdiction is as large for matter of Equity as the Barons of the Exchequer have for the benefit of the King by the common Law but if in either Court they hold any Plea that doth not concern the profit of the King there lieth a Prohibition To conclude there are seven Courts that belong to the Exchequer 1. The Court of Pleas or of the Barons 2. The Court of Accounts 3. The Court of Receits 4. The Court of the Exchequer Chamber being the Assembly of all the Iudges of England for matters in Law 5. The Court of Exchequer for Errors in the Court of Exchequer 6. A Court in the Exchequer Chamber for Errors in the Kings Bench. 7. The Court of Equity spoken of a little before But touching all the Officers either coordinate or inferior that belong to the Exchequer and the Revenues Customes perquisits of the Soveraign Prince they are very many far more in number than in any other Court as was touched before yet nothing so numerous as those Financiers and swarm of other Officers which belong to the Revenues of France which are so many that their fees being payed there comes not a Quardecu in every Crown clearly to the Kings Coffers which is but the fourth part But there is one publick advantage in it that thousands of younger Brothers and others have a handsome subsistance to carry themselves hereby in the garbe and equipage of men OF THE COURT OF ADMIRALTY HAving thus made some inspections into so many Courts we must not pretermit the Court of Admiralty for Great Britain being an Island which makes the Sea and Woodden Castles to be her chiefest Conservators the Court of Admiralty may be said to be more pertinent and necessary to her then to divers other States therefore the Lord High Admiral is by the Law of England one of the four Officers of the Crown with the Lord Chancelor the Lord Treasurer and Lord privy Seal Some hold the Etymology of Admirall to come from the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth Salsugo maris the saltness of the Sea others derive it from Ammir an Arabian word which signifieth a King or Emperor And some would have it to come from the low Dutch Aen-meer-all which signifie on the Sea all The Reader according as his own judgement leads him may adhere to which he please for I know of none that have positively asserted which is the truest But to know the nature and jurisdiction of this Court it will conduce very much if we insert here certain grievances which the Lord Admiral presented in the 8th year of K. Iames concerning Prohibitions granted by the Judges of the Courts of Westminster against the Jurisdiction and Prerogatives of this Court with the answer which the Judges returned to every point 1. The first Objection was that whereas the cognizance of all Contracts and other things done upon the Sea belongeth to the Admirals jurisdiction the same are made tryable at the common Law as if they had bin done in Cheapside and such places The Judges of Westminster-Hall answered that by the Lawes of the Realm the Court of the Admiral hath no cognizance power or jurisdiction of any manner of Contract plea or querele within any County of the Realm either upon the Land or the water but every Contract Plea or querele and all other things arising in any County of the Realm either upon the Land or the water and also Wrecks of the Sea ought to be tryed discussed determined and remedied by the common Lawes of the Land and not before or by the Admiral or his Lieutenant in any manner so that it is not material whether the place be upon the water intra fluxum refluxum aqua or whether it be upon any other water within the precincts of a County But the said
Wall of stone embattail'd and also caused a deep ditch to be cast about the same and thought to have environ'd it with the River of Thames The Lion Tower was built by Edward the fourth Frederick the Emperor having sent for a present three Leopards they were first kept at Woodstock which was the first Park of England seven miles about to the destruction of some Churches and Chappels adjacent by Henry the third but afterwards all such wild Beasts as Lions which are call'd the Beasts of the Royall Prerogative together with Leopards Linxes and Propentines have been kept in that part of the Tower which is called Lions Tower And we read that Edward the 2d commanded the Sheriff of London to pay 6d per diem to the Keeper oâ— the Lions and Leopards for their sustenance and three half pence a day for the Keeper's diet out of the Fee-farm of the City In former times there were persons of high quality that kept these Beasts whereof the Earl of Oxford was one and they had a Pension from the Crown belonging to the Office Mr. Robert Gill a very worthy Gentleman hath the place now and hath had it many years Noâ— was the Tower ever better furnish'd with Lions than it is now there being six in all young and old Edward the fourth fortified the Tower of London and enclosed with Brick a certain enclosure of ground taken from Tower-hill Westward now call'd the Bullwark His Officers also set up upon the said Hill a Gallowes and a Scaffold for the execution of offendors whereupon the Lord Mayor complaining to the King all the answer he had was that it was not done to the derogation of the City In the year 1216 the Tower of London was delivered to Lewis of France by the Barons of England who banded against the King Anno 1222. the Citizens of London having made an uprore against the Abbot of Westminster Huberâ— de Burgh chief Justice of England came to the Tower of London and summoned before him the Mayor and Aldermen of whom he enquired and demanded the principal Authors of that Insurrection Among whom one Constantine Fitzaeluphe confess'd that he was the man saying undauntedly that he was the man and that he had done much lesse than he had thought to have done Whereupon the Justice passed him over to Fulke de Brent who with a band of arm'd men brought him to the Gallowes where he was executed Anno 1244. Griffeth the eldest Son to Luellin Prince of Wales being kept prisoner in the Tower devised means to escape and having made a Line of the Sheets and Hangings he put himself down from the top of the Tower but in the sliding the weight of his Body he being a corpulent man brake the rope with his neck together King Hen. the 3d. imprisoned the Sheriffs of London Anno 1253. for the escape of a prisoner out of Newgate The same Henry with his Queen to secure himself from rebelling Barons kept his Court at the Tower sent for the Lords to hold a Parliament and the next year his Queen passing through London-Bridge the Londoners did outrage her as she pass'd hurling stones and dirt at her in so much that she was forc'd to return hereupon the Mayor Aldermen and Sheriffs were sent to divers Prisons and a Custos was set over the City for the time ' viz. Othon Constable of the Tower until submission had bin made and other satisfaction given It is upon Record that Edw. 2. allowed a Knight 2d per diem and a Squire a peny for their Diet as long as they were prisoners in the Tower upon his Command Roger Mortimer being prisoner in the Tower gave his Watchmen a sleeping potion and so escaped but afterwards he was arraigned and condemned by his Peers without personal appearance and so executed at the Elmes where he hung two dayes The Londoners in the year 13â—6 seized upon the Tower wresting the keys out of the Constables hands they freed all the Prisoners and kept it in their hands for the use of Queen Isabel and her Son Edward both Tower and City The first gold that was coin'd in the Tower was in the raign of Edward the third and the peeces were call'd Florences of the value of 6s 8d Perceval de post being Master of the Mint at that time All great sums before were used to be payd by the weight as so many pounds or marks of silver or so many pounds or marks of gold but they bore no stamp the lesser payments were in Starlings which was the only coin then current and stamp'd which were pence so call'd And they had their antiquity no further then from the raign of King Henry the second Nevertheless the Saxon coines before the Conquest were pence of fine silver somewhat weightier and better then the latter starlings and the probablest Reason that is given why it was starling money was because in the ring or border of the peny there was a Starre stamped But to return to the Tower of London In the year 1360. Iohn the French King being Prisoner in the Tower King Edward the third being newly returned victoriously from France the first thing he did was to visit his Prisoner whose ransome was assessed afterwards at three millions of Florences or Nobles whereupon he was brought honourably to the Sea side Anno 1387. King Richard kept his Christmas in the Tower and the year after was clapt up Prisoner there In the year 1458. there were Justs and Tournements in the Tower wherein the chief Actor was the Duke of Somerset Anno 1465 Henry the sixth was brought Prisoner to the Tower where he remained many years of whom was given this Character that he was a good King but born in an ill time The Mayor of London Sir Richard Lee and the Aldermen freed the said King Henry once from his imprisonment but being sent thither again he was pittifully murthered Anno 1478. The Duke of Clarence was drowned in a But of Malmsey within the Tower and 5. years after young Edward the fifth with his Brother were by the practices of Richard the third stiâ—â—ed there betwixt two Fetherbeds as the current story goes Iohn Earl of Oxford Anno 1485. was made Constable of the Tower and he had also the keeping of the Lions and Leopards as the story makes mention Queen Elizabeth Wife to Henry the 7th died in the Tower Anno 1502. in Child-birth and the year before there was running at tilt and tourney there The Chappel in the high white Tower was burnt Anno 1512. Queen Anno Bullein was beheaded in the Tower 1541. and a little after the Lady Katherine Howard both Wifes to Henry the eighth Anno 1546. a strange accident happened in the Tower for one Foxley who was Pot-maker for the Mint being fallen asleep he could not be awakened by pinching cramping or burning for fourteen dayes at which time he awak'd as fresh as at the first day he began to sleep In Henry the
Tribulations and perplexities wherein we have exceeding much bin encumbred by comforting us and by applying and in powring remedies upon us beyond all hope and expectation There was also adjoyning hereto a Palace the ancient Habitation of the Kings of England from the time of King Edward the Confessor which in the Raign of King Henry the eighth was burnt by casual fire to the ground A very large stately and sumptuous Palace this was and in that age for building incomparable with a Vawmure and Bulwarks for defence The remains whereof are the Chamber wherein the King the Nobles with the Councellors and Officers of State do assemble at the High Court of Parliament and the next unto it wherein anciently they were wont to begin the Parliaments known by the name of St. Edwards painted Chamber because the Tradition holdeth that the said King Edward therein dyed Adjoyning unto this is the White-Hall wherein at this day the Court of Requests is kept beneath this is that Hall which of all other is the greatest and the very Praetorium or Hall of Justice for all England In this are the Judicial Courts namely The Kings Bench The Common Pleas and the Chancery and in places near thereabout the Star-Chamber the Exchequer Court of Wards and Court of the Dutchy of Lancaster c. In which at certain set times we call them Termes yearly Causes are heard and tryed whereas before King Henry the third his dayes the Court of Common Law and principal Justice was unsetled and alwayes followed the Kings Court But he in the Magna Charta made a Law in these words Let not the Common Pleas follow our Court but be holden in some certain place which notwithstanding some expound thus That the Common Pleas from thenceforch be handled in a Court of her own by it self a part and not in the Kings Bench as before This Judgement-Hall which we now have King Richard the second built out of the ground as appeareth by his Arms engraven in the Stone-work and many Arched Beams when he had plucked down the former old Hall that King William Rufus in the same place had built before and made it his own Habitation For Kings in those dayes sate in Judgement place in their own persons And they are indeed the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Judges whose mouth as the Royal Writer saith shall not erre in judgement But the foresaid Palace after it was burnt down in the year of our Lord 1512. lay desolate and King Henry the eighth translated shortly after the Kings Seat from thence to an House not far off which belonged but a while before to Cardinal Woolsey and is called White Hall This House is a Princely thing enclosed on the one side with a Park that reacheth also to another House of the Kings named Saint James where anciently was a Spittle for Mayden Lepers demolished by King Henry the eighth as is spoken else-where Hard by near unto the Mues so called for that it served to keep Hawkes and now is become a most fair Stable for the Court Horses there remaineth a Monument in memorial of that most pious and kind Queen Eleanor erected by King Edward the first her most dearly beloved Husband and certainly the memory of her conjugal love shall remain worthy to be consecrated to eternity For she the Daughter of Ferdinand the third King of Castile being given in Mariage to Edward the first King of England accompanied him into the Holy Land where when as he was secretly fore-laid and by a certain Moor wounded with an envenomed Sword and by all the remedies that Physitians could devise was not so much eased as afflicted she took her to a strange cure I must needs say and never heard of before howbeit full of love care and affection For her Husbands wounds infected with the poyson and which by reason of the malignity thereof could not be closed and healed she day by day licked with her Tongue and sucked out the venomous humor which to her was a most sweet Liquor by the vigour and strength whereof or to say more truly by vertue of a Wives sâ—ingular fidelity she so drew unto her all the substance of the poyson that the wounds being closed and cicatrized he becam perfectly healed and she caught no harm at all what then can be heard more raâ—e what admirable then this Womans faithful more love That a Wives Tongue thus annoynted as I may so say with faith and love to her Husband should from her well beloved draw those poysons which by an approved Physitian could not be drawn and that which many and those right exquisite Medicines effected not the love only and piety of a Wiâ—e performed These are the words of the aâ—cient Record But we must not passe by the Mewse so sleightly that place was called so of the Kings Faulcons there kept which in former times was an Office of high esteem But Henry the eighth having his Stablings at Lomesberry now called Blomesberry which was then a Mâ—nnor in Holborn it fortuned that the same was consumed by â—ire with Hay and Horses whereupon the Mewse was enlarged and made fit for the Kings Stables which hath continued ever since receiving divers additions from time to time But now we are according to the method of our Discourse summoned to appear at Westminster-Hall But I had almost pretermitted one signal thing which belongs to the great Dome or Temple of Westminster Abbey which is the great priviledge of Sanctuary it had within the Precincts thereof viz. the Church the Church-yard and the Close whereof there are two the little and the great Sanctuary vulgarly now called Centry from whence it was not lawful for the Soveraign Prince himself much lesse any other Magistrate to fetch out any that had fled thither for any offence which Prerogative was granted near upon a thousand years since by King Sebert then seconded by King Edgar and afterwards confirmed by Edward the Confessor whose Charter I thought worthy the inserting here the Tenor whereof runs thus in the modern English Edward by the Grace of God King of Englishmen I make it to be known to all Generations in the VVorld after me that by special Commandment of our holy Father Pope Leo I have renewed and honoured the holy Church of the blessed Apostle St. Peter of Westminster and I order and establish for ever that what Person of what estate or condition soever he be and from whence soever he come or for what offence or cause it be either for his refuge into the said holy place he be assured of his life liberty and Limbs And over I forbid under pain of everlasting damnation that no Minister of mine or any of my Successors intermeddle themselves with any the Goods Lands or possessions of the said persons taking the said Sanctuary For I have taken their Goods and Livelihoods into my special protection And therefore I grant to every each of them in as much as my Terrestrial
power may suffice all manner of freedom of joyous liberty and whosoever shall presume or doth contrary to this my grant I will he lose his name VVorship Dignity and Power and that with the great Traytor Judas that betrayed our Saviour he be in the everlasting fire of Hell And I will and ordain that this my Grant endure as long as there remaineth in England either love or dread of Christian name And this Record may be ranked among the most ancient of the Land About what time King Edward the Confessor did renew it he removed St. Margarets Church which before was within the Abbey to the place where now it stands Of Westminster-Hall and all the Tribunalls of Iustice which have their motion therein And first of the High Court of Parliament HAving visited God Almighties House we will now take a view of the chief Praetorium of Great Britain which is VVestminster-Hall and of the Courts of Judicature which are thereunto annexed And first of the Court Paramount the high national Court of Parliament vvhich great Councel vvas used to be the Bulwark of our liberties the boundary and bank vvhich kept us from slavery from the inundations of Tyrannical encroachments and unbounded VVill-Government And in this High Court there was used to be such a Co-ordination of power such a wholsome mixture 'twixt Monarchy Optimacy and Democracy I mean 'twixt Prince Peers and Commonalty during the time of consultation that of so many distinct parts by a rare co-operation and unanimity they made but one Body Politique like that sheaf of Arrowes in the Fable they made but one entire concentrical peece and the results of their deliberations but as so many harmonious Diapazons arising from the touch of different strings And what greater mark of freedom can there be to a people then to be lyable to no Lawes but what they make themselves to be subject to no Contribution Assement or pecuniary Levies whatsoever but what they vote and voluntarily yield unto themselves For in this great compacted Body politick there be all degrees of people represented The Yeoman Marchant Tradesman and mechanick have there their inclusive Votes as well as the Gentry and Freeholders in the persons of their Trustees viz. their Burgesses and Knights The Clergy also which make a considerable part of the Common-wealth were used to have their Representatives there not only in the persons of the Bishops which at the first constitution were the prime Parliament and continued so many Ages but in the Convocation which was an Assesmbly of Divines fairly chosen to that purpose Nor is this Soveraign super-intendent Councel and Epitome of this Iland only but it may be said to represent the whole Universe according to the primitive constitution The Soveraign Prince was as the Sun the Nobles the fixed Starres the Itinerant Iudges and other Officers that were wont to go with Messages 'twixt both Houses to the Planets The Clergy when there was a Convocation House as was said before to the Element of fire The Commons to the solid body of the Earth and the rest of the Elements He who hath bin conversant with the Chronicles of this Iland will finde it hath bin her fare to be four times conquered but the Scot never till now of late These so many Conquests must needs bring with them many tumblings and tossings many disturbances and changes in Government yet I have observed that notwithstanding these various tumblings England retained still the form of Monarchy and something there was alwayes that held an Analogy with the great Assembly of Parliament The first Conquest was made by Claudius Caesar at which time it may be said that the Standard of the Crosse came in together with the Roman Eagles 't is well known how the Roâ—an governed He had his Comitia which bore a resemblance with our Convention in Parliament the place of meeting was called praetorium and the Lawes which were enacted were called Plebiscita The Saxon Conquest succeeded next in which were the English and the Saxons governed by Parliament though it was under other names as Michel Gemote Michel Sinoth and VVitenage Mote There are Records near upon a thousand years of these Parliaments in the Raigns of King Ina Offa Ethelbert and others The third Conquest was by the Danes and they governed also by such generall Assemblies in the Raign of Canutus and others Then came the Norman whose Successors did revive and ratifie the way of governing by Parliament witness Magna Charta which was used to be called the Foundation of the English liberty and it may be compared to divers outlandish graffs set upon one stock for the choysest of the British Roman Saxon Danish and Norman Lawes being cull'd and pick'd out and gathered as it were in one bundle out of them the foresaid grand Charter was extracted the establishment whereof was a work of a Parliament Now by an ancient Statute of Edward the third it was enacted That all Statutes are repealed which are against Magna Charta or Charta de foresta Nor are the Lawes of this Iland only and the immunities of the people conserved by Parliament but all the best policed Countries of Europe have the like The Germans have their Diets The Dane and Swedes their Rich-daghs The Spaniard las Cortes and the French the Assembly of the three Estates though it hath bin for many years discontinued And touching England the Parliament was uâ—ed to be the principal Fountain whence the Soveraign Prince derived his happiness and safety It was the great Conduit-Pipe which conveighed unto him the Peoples bounty and love It was the truest Looking-Glasse wherein he discerned their affections and allegiance In Parliament the Soveraign Prince used to appear like the Sun in the Meridian in the altitude of his glory in his highest Royal State as the Law tells us But we will go now more particularly to work and treat of this great National Conncel according to the first constitution and establishment thereof This Court consisteth of the Kings Majesty sitting there as in his Royal politick Capacity and of the three Estates of the Realm viz. of the Lords spiritual Arch Bishops and Bishops being in number twenty four who sit there by succession in respect of their Counties or Baronies parcel of their Bishopricks which they hold also in their politick Capacity And every one of these when any Parliament is to be holden ought Ex debito justitiae to have a writ of Summons The Lords Temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities which they hold by Descent or Creation and likewise every one of these being of full age ought to have a writ of Summons ex debito justitiae for they are called Parliamentary Barons The third Estate is the Commons of the Realm whereof there be Knights of shires or Counties Citizens of Cities and Burghesses of Burghes All which are respectively elected by the Shires or Counties Cities and Burghes
businessse aforesaid so that the business may not by any means remain undone for want of such power or by reason of the unprovident Election of the foresaid Knights Burgesses and Citizens But we will not in any case that you or any other Sheriff of our said Kingdom shall be elected And at the day and place aforesaid the said Election being made in a full County Court you shall certifie without delay unto us in our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto us the other part of the Indenture aforesaid affil'd to these presents ogether with the Writ Witness our Self at Westminster This Commission or Writ is the foundation whereon the whole fabrick of the power and duty of both Houses of Parliament is grounded The first House is to parley or have conference and to treat and consult with the King the other House is to do and consent only unto what the other shall ordain This was the Law and usage in former times but what is the power of the Commons in these dayes now that the Government is altred and cast into another mould the House of Peers being dissolved it is not the intent of this Discourse to determine At the return of the Writs aforesaid the Parliament could not begin but by the Royal presence of the King either in Perâ—on or by Representation By Representation two wayes either by a Gardian of England by Letters Patenrs under the Great Seal when the King was in remotis out of the Realm or by Commission under the Great Seal to certain Lords of Parliament representing the Person of the King he being within the Realm but absent in respect of some infirmity On the first day of the Parliament the King himself or most commonly the Lord Chancellor or Keeper in the presence of the Lords and Commons did shew the causes of the calling of High Court of Parliament but the King might have appointed any other to be his Prolocutor in this case Then the Commons are to choose their Speaker but in regard that after their choyce the King might refuse him for avoiding of time and contestation the use was as in the Congè deslire of a Bishop that the King doth recommend a discreet and learned man whom the Commons elect but without their Election no Speaker can be appointed for them because he is their mouth and intrusted by them and so necessary that the House of Commons cannot sit without him therefore a grievous sickness is a good cause to remove him as in Henry the 4th Raign Iohn Chervy Speaker was for sickness discharged and Sir Iohn Dorewoold chosen in his place but sickness is no cause to remove any Knight Citizen or Burgesse The Speaker being voted in the House was presented to the King where being allowed he made a supplication consisting of three parts First That the Commons in Parliament might have free speech Secondly That in any thing he should deliver in the name of the Commons if he should commit any error no fault should be imputed to the Commons Thirdly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by the directions of the House have access to his Royal Person Any of the Peeâ—s by the Kings leave may absent himself and make a proxy to another Lord but a Knight Citizen or Burgess cannot make a Proxy because he is elected and intrusted by multitudes of people And it is to be observed though one be chosen for one particular County or City yet when he is returned and sits in Parliament he serveth for the whole Common-wealth There belongs to Parliament a Prorogation or adjournment which differ in this A Prorogation presupposeth a Session and then such Bills as passed in either House or by both Houses and had no Royal assent unto them must at the next Assembly begin again for every Session in Parliament is in Law a several Parliament but if it be but adjourned then there is no Session When a Parliament is called and doth sit and is dissolved without any Act passed or judgement given it is no Session of Parliament but a Convention Touching the Power and Jurisdiction of Parliament for making of Lawes in proceeding by Bill it is so transcendent and absolute as it cannot be confined within any bounds No Alien is capable to be chosen a Parliament-man nor can any of the Judges of the Kings Bench or Common Pleas or Barons of the Exchequer that have Judicial places or any Church-man that hath care of souls be chosen a member of the House of Parliament For others the King cannot grant a Charter of Exemption to any man to be freed from Election of Knight or Burgesse of the Parliament because the Elections of them ought to be free for the publique service OF THE COVRT OF THE KINGS-BENCH THE Royallest Court in the Land Now called The Upper Bench. THe Lawes of England presuppose the King to be the Fountain and Oracle of Justice and to have special inspirations from Heaven to that purpose therefore all the Tribunals of Judicature were used to be ambulatory with his Court and He was wont to sit in Person in the Upper Bench which is the Supreme Tribunal of the Land The Justices in this Court are the soveraign Justices of Oyer and Terminer Goal-delivery Conservation of the Peace c. in the Realm In this Court the Kings of this Realm have sat as being the highest Bench and the Judges of that Court on the lower Bench at his Feet but Judicature only belongeth to the Judges of that Court and in his presence they answer all Motions c. The Justices of this Court are the soveraign Coroners of the Land and therefore where the Sheriffs and Coroners may receive appeals by Bill à fortiori the Justices of this Court may do it so High is the authority of this Court that when it comes and sits in any County the Justices of Eire of Oier and Terminer Coal-delivery they which have conusance c. do cease without any writing to them But if any Indictment of Treason or Felony in a Forain County be removed before certain Commissioners of Oier and Terminer in the County where this Court sits yet they may proceed because this Court for that this Indictment was not removed before them cannot proceed for that offence But if any Indictment be taken in Midd in the vacation and after this Court sit in the next Term in the same County if this Court be adjourned then may special Commissioners of Oier and Terminer c. in the interim proceed upon that Indictment but the more usual way is by special Commission And this was resolved by all the Judges of England at Winchester Anno 1 ' Iacobi Regis in the Case of Sir Everard Digby and others and so had it been resolved Mich. 25 and 26 Eliz. in the Case of Arden and Somervile for
this kind of special Commission of Oier and Terminer and herewith agreeth Pl. Com. in the Earl of Leic ' Case Anno 1 Mar. Reginae And so supream is the Jurisdiction of this Court that if any Record be removed into this Court it cannot being as it were in his Center be remanded back unlesse it be by Act of Parliament And this appeareth by the Judgment of the Parliament in Anno 6. H. 8. but by the authority of that Act Indictments of Fellonies and Murders removed into the Kings Bench may by the Justices of that Court be remanded and this Court may send down aswell the Bodies of all Felons and Murderers as their Indictments into the Counties where the same Murders of Felonies were committed or done c. in such manner c. as if the Indictments had not been brought into the Kings Bench. Out of this Court are other Courts derived as from one Fountain several Springs and Rivers in repect of the multiplicity of Causes which have encreased Jurisdictio istius curiae est originalis seu ordinaria non delegata The Justices of this Court have no Commission Letters Patents or other means to hold Pleas c. but their power is original ordinary They were called ancienlty Iusticiae Justiciarii locum tenentes Domini Regis c. The chief Justice Justicia Angliae Justicia prima Iusticiarius Angliae Capitalis and Iusticiarius noster Capitalis adplacita coram nobis terminand ' To observe the Changes of these names and the reason and Changes thereof is worthy of observation Before the Reign of E. 1. the Chief Justice of this Court was created by Letters Patents and the form thereof taking one example for all was in these words Rex c. Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Vicecomitibus Forestariis c. omnibus aliis fidelibus regni Angliae salutem Cum pro conservatione nostra tranquillâ—tatis regni nostri ad justiciam universis singâ—lis de rengo nostro exhibendam constituerimus dilectum et fidelem nostrum Philippum Basset Iusticiarium Angliae quamdiu nobis placuerit capit alem vobis mandamus in fide qua nobis tenemini firmiter insungentes quatenus in omnibus quae ad officium Justitiarii praedicti nec non ad conservationem pacis nostrae et regni nosâ—ri eidem dum in officio praedicto steterit pleniùs sitis intendentes Teste Rege c. The King c. to all Archbishops Bishops Abbots Priors Earls Barons Vicounts Foresters c. and to all other faithful to the Kingdom of England greeting Whereas for our conservation and the tranquillity of our Kingdom c. for the exhibition of justice to all and every one of our Kingdom We haâ—e constituted our beloved and faithful Philip Basset chief Justice of England as long as we shall please We command you upon the faith you hold unto us and firmly enjoyn you to all things that belong unto the office of Chief Justice aforesaid for the conservation of our Peace and of our Kingdom and that you be very intentive as long as you stand in the said Office Witnesse the King c. This Philip Basset was the last of this kind of creation by any like Letters Patents and he died Chief Justice near to the end of the Reign of H. 3. King E. 1. being a wise and prudent Prince knowing that Cui plus licet quam par est plus vult quà m licet as most of these Summi Iusticiarii did made three alterations 1. By limitation of his authority 2. By changing Summus Iusticiarius to Capitalis Iustic 3. By a new kind of creation viz. By Writ lest if he had continued his former manner of creation he might have had a desire of his former Authority which three do expresly appear by the Writ yet in use c. Rex c. E. C. Militi salutem Sciatis quod constituimus vos Justiciarium nostrum capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste c. The King c. to E. C. greeting Know ye that we have constituted you our Capital or Chief Justice in Pleas held before us during our pleasure Witnesse c. A short Writ but of large extent in point of Authority The rest of the Judges of the Kings Bench have their Offices by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenerint salutem Sciatis quod constituimus dilectum et fidelem Johannem Doderidge Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Justices of the Kings Bench are styled 1. Capitales 2. Generales 3. Perpetui 4. Majores à latere Regis residentes But the Chief Justice is only by the King Capitalis Justiciarius noster They are called first Capitales in respect of their supream Jurisdiction 2. Generales in respect of their general jurisdiction throughout all England c. 3. Perpetui for that they ought not to be removed without just cause 4. Majores à latere Regis residentes for their honor and safety that they should be protected by the King in administration of justice for that they be à latere Regis that is by the Kings fide And vvhereas 5. E. 4. it was holden by all the Justices in the Exchequer Chamber that a man cannot be Justice by Writ but by Patent or Commission it is to be understood of all the Judges saving the Chief Justice of this Court But both the Chief Justice and the rest of the Judges may be discharged by Writ under the Great Seal None can be a Judge of this Court unlesse he be a Serjeant of the degree of the Coif and yet in the Writ or Patent to them made they are not named Sergeants There have been for a long time and still there are great Complaints for multiplicity of Suits in Law and it were a wholsome and happy thing could it be prevented but because a Disease cannot be cured without knowledge of the Cause it is to be observed that there be six Causes of the increase of them whereof two be general the other four particular The general be Peace and Plenty The particular 1. The dissolution of so many Monasteries Chanâ—eries c. and the dispersing of them into so many several hands 2. The swarm of Informers 3. The number of Concealors 4. The multitude of Atturneys For the first general In the Reign of E. 3. R. 2. H. 4. H. 5. and part of the Reign of H. 6. in respect of the wars in France c. in the residue of the Reign of H. 6. in the Reign of E. 4. in respect of the bloody intestine Wars in almost continual Alarms within the bowls of this Kingdom between the Houses of Lancaster York there could not be so many Suits in Law as since this Kingdom hath enjoyed Peace which is
this Court are heard those that are Delators or Informers in popular or penal Actions having thereby part of the profit assign'd unto them by the Law In this Court if any question be 't is determined by the Common Law of England by twelve men and all Subsidies Taxes and Customes by account For in this Office the Sheriffs of the Countries do attend upon the execution of the Commandements of the Judges If any Fines or Amercements be extracted out of any Court or any arrearages of accounts of such things as is of Customes Taxes Subsidies and other such like occasions the same the Sheriff of the Country doth gather and is answerable therefore to the Exchequer This Court is divided into two parts viz. Iudicial accounts called Scaccarum computorum And into the Receit of the Exchequer The prime Officer of this Court as was meâ—tioned before is the Lord high Treasurer of England who receives a White Staff from the King But in former time he had this Office by delivery of a Golden Key Then there is Cancellarius Scaccarii the Chancelor of the Exchequer who keepeth the Seal Then you have the chief Baron and his Associates whereof one though he sits there yet he hath no voice therefore he was used to be call'd by way of Drollery Baron Tell-clock yet he takes the same Oath that others do he hath a Fee of 100 Marks per annum At daies of prefixions he hath to do with the Sheriffs Accounts he can take Recognizances but he hath not the Robes nor any suffrage upon the Bench in point of Judicature And that nickname Baron Tellclock came up first in Baron Southertons time who when he felt the Chimes ring in his Stomach towards dinner he was us'd to tell chief Baron Tanfield My Lord 't is twelve a clock Then have you sundry other inferiour Officers more then in any other Court except the Kings House This Court is called Exchequer from a French word vne place quarree a four-square place because the Carpet that lay before the Judges is in the form of a Chess-board and of two colours thence the name of Exchequer was derived Now it is to be observe'd that albeit the Barons are the sole Judges of the Exchequer Court yet the Lord Treasurer is joyn'd with them in keeping of the Records The Lord Treasurer hath also granted him by Parent under the great Seal Thesaurarium Scaccarii Regis Angliae which of ancient time as the Lord Coke hath it was a distinct Office by it self Then is there the Pipe Office whereof the Chancelor of the Exchequer is Contrarotulator or Controuler The Original institution of the Pipe Office was taken from a Conduit of water which was conveyed by Pipes into a Cestern which lay in a Court for as water is derived from many Fountains Springs by Aquaeducts into a Cestern House and from thence into several Offices of the same so this golden and silver stream is drawn from sundry Courts as Fountains of Justice and other Springs of Revenue reduc'd and collected into one Pipe and thereby conveyed into the Grand Cestern of the Princes receit c. Therefore all Accounts and Debts to the Crown are delivered and collected out of the Offices of the Kings Remembrancer and Treasurers Remembrancer and so drawn and pâ—t in charge in the Pipe There be five Auditors of the Revenue Royal within the survey of this Court and their Office is to take Accounts of the Kings Receivers Sheriffs Escheators Collectors and Customers and to audite and perfect the Account But an Auditor cannot allow any Licence or Grant in regard he knoweth not whether it be good this belongs to the Barons Neither can the Auditor put any thing in Charge his Office being only to take and audite Accounts There is the Auditor of the Prests whose Office it is to take the Accounts of the Mint Ireland and Barwick and of all other imprested or moneys advanc'd before hand Then is there the Auditor of the Receits which is an Office very considerable and consisting of many parts For first he is a kind of Filazer for he fileth the Tellers Bills and entreth them Secondly he is a Remembrancer for he gives the Lord Treasurer a certificate of the money received the week before Then he is an Auditor for he makes Debenturs to every Teller before they pay any money and takes and audites their Accounts Besides all this he keepeth the black Book of Receits and the Lord Treasurers Key of the Treasury and seeth every Tellers money lock'd up in the new Treasury Of those Tellers there are four and their Office consists in four duties First to receive money due to the Soveraign Prince Secondly to pay all persons moneys by Warrant of the Auditor of the Receit Thirdly to make yearly and weekly Books of their Receits and payments which they deliver to the Lord Treasurer And lastly to give the Clerk of the Pell a Bill of what moneys they receive whereby he may be charged Now touching Clericus Pellis the Clerk of the Pell his duty is to enter every Tellers Bill into a Roll call'd Pellis Receptorum his Office also is to enter ino another Roll payments call'd Pellis exitus signifying by what Warrant the payment was made Concerning the Kings Remembrancer in the Exchequer his Office consists in eight Duties First to write Process against Collectors of Customs Subsidies and Fifteens 2. He entreth in his Office all Recognizances before the Barons and taketh Bond for any of the Kings Debts for observing of Order for appearances and his duty is to make out Process upon every of them 3. He maketh Process upon Informations upon penal Statutes all which Informations are entred into his Office 4 He maketh Bills of composition upon Informations upon penal Statutes 5. He taketh the stallment of Debts and entreth them 6. The Clerk of the Star-Chamber was us'd to certifie into his Office what fines were there set whereof he maketh a Record and draweth them down in the Pipe 7. In this Office ought to be kept all Assurances Conveyances and Evidences whereby any Lands Tenements Herediraments or other things are granted to the Soveraign Prince 8. There is a Court of Equity holden in the Exchequer Chamber by English Bill whereof all the proceedings and Bills are entred into this Office The Lord Treasurers Remembrancer is also an Office of trust and consequence which consisteth of seven Duties First To preserve the Royal tenures and to make out Process for the Revenues thereof 2. He maketh Process of Fierifacias to extend for Debts due to the Prince either in the Pipe or with the Auditors 3. He awards Process against all Sheriffs Escheators Receivers and Bayliffs to bring them to account 4. He is to make an entry of Record whereby it appears whether Sheriffs and other Accountants pay their proffers due at Easter and Michaelmas 5. He makes another entry of Record to the end that it may be known whether
neither could try it It was that one Peacock struck Lacy in alto Mari and the Ship landing at Scarborough Lacy dyed a little after of the stroke that was given at Sea there was a great contestation whether the Court of Admiralty or the common Lawyer should try Peacock but it was found that the cognisance hereof belonged to neither so the party escaped without condemnation But now we will resume the thred of our Survay of Westminster and add to that which hath bin already spoken of the Great Hall which as it hath bin and continueth still the usual place of pleadings and ministration of Justice so it was in former times the principal Seat and Palace of the Kings of England since the Conquest for here the Feasts of Coronation and other solemn Feasts as that of Christmas were kept It is recorded that at the day of Circumcision Henry the third commanded his Treasurer William de Haverhull to cause 6000. poor people to be fed at Westminster-Hall upon the Kings account Richard Earl of Cornwall the Kings Brother Anno 1243. being married to Cincia Daughter to the Countesse of Provence kept his Bridall Feast at Westminster-Hall where the story saith there were three thousand dishes of meat served in at dinner Rich. the second having repaired the Great Hall which had bin burnt by a pittiful fire kept his Christmas there in a most sumptuous manner with Justings and running at Tilt where there was such a huge confluence of People that for divers dayes there were spent 26. fat Oxen and 300 Sheep The King himself wore a Gown of Cloth of Gold garnished with precious stones which was valued at 3000 marks a mighty sum in those dayes Henry the 7th keeping his Christmas at Westminster-Hall invited Ralph Austry Lord Mayor of London with all the Aldermen to a Feast on Twelf-day The King the Queen and some Ambassadors sate at the Marble Table 60. Knights and Esquires served in the Kings meat which consisted of 60. dishes and the Queen as many The Mayor was served with 24. where after sundry sort of disports he supped also and it was break of day before He and the Aldermen returned by Barges to London Parliaments also were used to be kept frequently at Westminster-Hall and one was kept in Richard the seconds time which proved fatal unto him for he was deposed there notwithstanding that he had bin the greatest Repairer of that Hall when it had bin destroyed by fire For it hath bin the hard destiny of this Great Hall to suffer many times the fury of fire but the last that happened was in the beginning of Henry the eighths Raign Anno 1512. at which time a great part of the Palace was consumed which was never re-edified since so that the Kings Courts have bin from that time sometimes at Baynards Castle then at Bridewell and since at White-Hall called before York place as hath bin said before In this great Palace at Westminster there was St. Stephens Chappel which was built by King Stephen himself It was repaired and enlarged by Edward the third and 38. persons were appointed there to serve God viz. a Dean 12. secular Canons 13. Vicars 4. Clarks 6. Chorists a Verger and a Keeper of the Chappel who had endowments and Houses built them near the Thames there were also Lodgings assigned them 'twixt the Clock-house and the Wooll-Staple called the Weigh-house He also built for their use a strong Clochard in the little Sanctuary covered with Lead where there were three great Bells which usually rung at Coronations and Funeralls of Princes which gave such a huge sound that 't was commonly said they sowred all the drink in the Town but now there 's scarce any marks left of that Clochard This Chappel of St. Stephens at the suppression in Henry the eights time was valued to dispend one thousand eighty five pounds and in Edward the sixths time it was made to serve as a Parliament for the House of Commons who formerly were used to sit in the Chapter-house of the Abbot of Westminster Before the Great Hall there is a large Court called now the new Palace where there is a strong Tower of Stone containing a Clock which striketh on a great Bell every houre to give notice to the Judges how the time passeth when the wind is South South-West it may be heard into any part of London and commonly it presageth wet weather The Dean of St. Stephens was used to haâ—e the keeping of this Clock having six pence every day out of the Exchequer for keeping the Kings Clock or Great Tom of Westminster We must now make a step Southward before we leave Westminster and perform some further devotions to the old Abbey the prime Sanctuary of the Land whereunto belongs another very ancient priviledged place and Sanctuary of St. Martin le Grand hard by Aldersgate in London whereas formerly was said there was of old a fair and large Colledge of a Dean and secular Canons or Priests founded by Ingelricus 1056. and confirmed a little after by William the Conqueror as appeareth by that ample Charter he gave thereunto which in regard of the ancient Saxon Termes then used I thought worthy the inserting here and it runs thus Willimus Conquester per chartam suam corroborat confirmat Deo Ecclesiae Beati Martini intramuros London sitae quod sit quieta ab â—mni exactione inquietudine Episcoporum Archidiaconorum c. Et possessiones suas ab omni regali Iurisdictione liberari ab Exercitus expeditione Pontis restauratâ—one munitione Castelli auxilio quietas habent Secuam Toll Team Infangthese Blodwite Mundbrice Burghbrice Meskenning Seawing Alcesting Frithsorn Fleamina Finnithe Welgerthofe Vthleap forfeng fyhfeng Firdwite Firthwit Weardite Hengwite Hamsokne Forsteal si quas alias libertates consuetudines aliqua Ecclesiarum regni mei Anglie meliores habeat Si quis vero hoc in aliud quam concessimus transferre presumserit cum Iuda proditore Deiluat poenas Dat. Anno Dom. 1068. Annoque Regni mei secundo die Natalis Domini Et post modum in d'â— Pentecostes confirmo quando Matilda Conjux mea in Basilica Sancti Petri Westmonasterii in Reginam divino nutu est consecrata This priviledge of Sanctuary was confirmed and strictly enjoyned by divers succeeding Kings under the same Curse that the Infringers thereof should be eternally damned and suffer the like torments as Iudas the betrayer of God c. Touching the hard Saxons word of this Charter the Reader is referred to those worthy persons who made additionals to Mr. Stow where he shall find them explain'd For many Ages this Saint Martin le Grand continued by it self a place of as great priviledges as Westminster or Beverlay which were counted the chiefest in the whole Land But Henry the 7th annexed it at last to the Monastery of St. Peter of Westminster which claims Title ever since to the free Chappel the Priviledges and Sanctuary thereof