Bench so called because anciently the King sometimes there sate in person on a high Bench and his Judges on a low Bench at his Feet to whom the Judicature belongs in the absence of the King In this Court are handled the Pleas of the Crown all things that concern loss of life or member of any Subject for then the King is concerned because the Life and Limbs of the Subject belong only to the King so that the Pleas here are between the King and the Subject Here are also handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court moreover hath power to examine and correct all Errors in facto in jure of all the Judges and Justices of England in their Judgements and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and mixt except only in the Exchequer In this High Court sit commonly Four Grave Reverend Judges whereof the First is stiled the Lord Chief Justice of the Kings Bench and is created not by Patent but by a short Writ thus Johanni Keeling Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste me ipso apud Westm The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenirint salutem Sciatis quod constituimus dilectum fidelem Richardum Rainsford Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Judges and all the Officers belonging to this Court have all Salaries from the King and the chief of them have Robes and Liveries out of the great Wardrobe In this Court all young Lawyers that have been called to the Bar are allowed to plead and practice This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction of this Court is general and extendeth to all England is more uncontroulable than any other Court for the Law presumes that the King is alwayes there in person None may be Judge in this Court unless he be a Serjeant of the Degree of the Coif that is a Serjeant at Law who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after A List of the several Officers belonging to His Majesties Court of Kings-Bench LOrd Chief Justice Sir John Keeling Knight Justices are Sir Thomas Twisden Knight and Baronet Sir Richard Rainsford Knight Sir William Morton Knight Clerk of the Crown Sir Thomas Fanshaw Knight his Secondary Jasper Waterhouse Esquire Protonotary Sir Robert Henley Knight his Secondary William Livesay Esquire Marshal or Keeper of the Kings Bench Prison Stephen Mosedell Esquire Custos Brevium Justinian Paget Esquire Andrew Vivean and Francis Woodward Clerks of the Paper Office Sealer of the Writs Edward Coleman Gilbert Barrel Clark of the Rules Clerk of the Errors Henry Field George Bradford Clerk for Filing Declarations a Cryer Porter and some other inferiour Officers Then there are Filacers for the several Counties of England whose Office is in this Court to make out all Process upon original Writs as well real as personal and mixt They were lately these that follow Humphrey Ironmonger Edward Parnel James Buck Samuel Astrey Francis Greg John Hynde Thomas Stone Thomas Leach Gilbert Eveleigh Henry Ewin Joshua Langrige William Oglethorp John Philips William Osborn Rob. Hyde and Anthony Rouse The manner of Tryals in this and all other Common Law Courts in England being different from that of all other Countries and peculiar to England shall be at large described apart in a Chapter with other peculiars Of the Court of Common Pleas. THe next Court for execution of Laws is the Court of Common-Pleas so called because there are debated the usual Pleas between Subject and Subject Some say this Court as well as other Courts were at first held in the Kings House wheresoever he resided but by the Statute of Magna Charta it was ordained that this Court should not be ambulatory but be held at a certain place and that hath ever since been in Westminster-Hall None but Serjeants at Law may plead in this Court and so many of them as the King shall appoint are bound by oath to assist all that have any Cause depending in that Court This Court may grant prohibitions as the Court of the Kings Bench doth The chief Judge in this Court is called the Lord Chief Justice of the Common-Pleas or of the Common-Bench holdeth his place by Letters Patent durante bene placite and so do the other inferiour Judges of this Court whereof there are commonly three In this Court all Civil Causes Real and Personal are usually tryed according to the strict Rule of the Law Real Actions are pleadable in no other Court nor Fines levyed or Recoveries suffered but only in this Court at Westminster The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine â—s is done to the Lord Chief Justice of the other Bench also to the other Judges of this Court and to four Serjeants is allowed Fees Reward and Robes to each one In the 11th and 12th of Edward 3. there were eight Judges belonging to the Common Pleas at other times seven six and five and so in the time of Henry 6. and Edward 4. but since usually but four as at this day Before the Reign of Queen Mary these and the rest or the twelve Judges rode upon Mules and not upon Horses as they now do in great State aâ— the beginning of the Term. A List of the several Officers belonging to His Majesties Court of Common-pleas LOrd Chief Justice Sir John Vaughan Kt. Sir Thomas Tyrrel Kt. Sir John Archer Kt. Sir William Wylde Kt. and Bar. these are the present Judges of that Tribunal Then there is an Officer called Custos Brevium the first Clerk of the Court whose Office it is to receive and keep all Writs returnable in that Court to receive of the Protonotaries all the Records of Nisi Prius called Postea's He holdeth his Place by Patent from the King and hath the Gift of the second Protonotary's Place and of the Clerk of the Juries· Sir Joseph Ash hath this Office and doth execute it by his Deputy Thursby Esquire There are three Protonotaries a word compounded of Greek and Latin which with the Antients was usual and signifies the first Notaries they are chief Clerks of this Court and by their Office are to enter and inroll all Declarations Pleadings which the Filazers did formerly promiscuously do Assises Judgments and Actions to make out Judicial Writs c. These considerable Offices are in the hands of Thomas Robinson Alan Lockhart and Humphrey Wirley Esquires The Chirographer also from two Greek words signifying to acknowledge a Debt by setting ones
placito The Proctors belonging to this Court aforementioned are persons that exhibite their Proxies for their Clients and make themselves parties for them and draw and give in Pleas or Libells and Allegations in the behalf of their Clients produce the Witnesses prepare the Causes for Sentence and attend the Advocates with the Proceedings They are also admitted by the Fiat of the Archbishop introduced by the Two Senior Proctors and are allowed to practise immediately after their admission they wear Black Robes and Hoods lined with White Fur. According to the Statutes of this Court all Arguments made by Advocates and all Petitions made by the Proctors are to be in the Latin Tongue All Process of this Court run in the name of the Judge thus Egi. Sweit Miles LL. Dr. Almae Curiae Cant. de Arcubus Lond. Officialis Principalis and returnable before him heretofore in Bow Church now in the Common Hall at Exeter House The Places and Offices belonging to this Court are all in the gift of the Archbishop of Canterbury whose Court it is Here note That the next Morning after the sitting of this Court the Judge of the Court of Audience did usually sit but since the late Troubles that Court hath been discontinued Next is the Court of Admiralty whereof see more in Chapter of the Military Government The present Judge of this Court is Sir Leolin Jenkins Knight Doctor of Laws whose Title is Supremae Curiae Admiralitatis Angliae locum tenens Judex sive Praesidens The Writs and Decrees run in the name of the Lord High Admiral and are directed to all Vice-Admirals Justices of Peace Majors Sheriffs Bailiffs Constables Marshals and others Officers and Ministers of our Soveraign Lord the King as well within Liberties as without To this Court belongs a Register Orlando Gee Esquire a Marshal who attends the Court and carries a Silver Oar before the Judge whereon are the Arms of the King and of the Lord High Admiral The Lord Admiral hath here his Advocate and Proctor and all other Advocates and Proctors are presented by them and admitted by the Judge This Court is held on the same day with the Arches but in the afternoon and heretofore at St. Margarets Hill in Southwark but now in the same Common Hall at Exeter house But the Admiralty Session is still held for the Tryal of Malefactors and Crimes committed at Sea at the Antient place aforesaid The places and Offices belonging to this Court are in the Gift of the Lord High Admiral Next is another Court belonging to the Archbishop of Canterbury called the Prerogative Court whereof see more in the Chapter of the Ecclesiastical Government of England The Judge of this Court is the forenamed Sir Leolin Jenkins and his Title here is Curiae Prerogativae Cant. Magister Custos sive Commissarius All Citations and Decrees run in the name of the Archbishop This Court is kept in the same Common Hall in the afternoon next day after the Arches and was heretofore held in the Consistory of St Pauls The Judge is attended by a Register Marke Cottle Esquire who sets down the Decrees and Acts of the Court and keeps the Records all Original Wills and Testaments of parties dying having Bona Notabilia c. The place is commonly called the Prerogative Office now kept in the Savoy where for a moderate Fee one may search for and have a Copy of any such Testament made since the Rebellion of Wat Tiler and Jack Straw by whom many Records and Writings in several places of London were then burnt and destroyed The Places belonging to this Court are in the Gift of the Archbishop of Canterbury From the forementioned Courts Appeals do lye to the Court of Delegates whereof more pag. 76 the Judges whereof are appointed by the Lord Keeper under the great Seal of England pro illa vice and upon every cause or business there is a new Commission and new Judges according to the nature of the Affair or Cause as sometimes Bishops Common-Law-Judges and Civilians and sometimes Bishops and Civilians and sometimes Common-Law-Judges and Civilians and sometimes Civilians onely To this Court belongs a standing Register and the Court is kept in the same Common Hall in the afternoon the day after the Prerogative The Citations and Decrees here run in the Kings Name From this Court lyes no Appeal in Common course But the King of His meer Prerogative Royal may and many times doth grant a Commission of Review under the Broad Seal In this Colledge also usually resides the Vicar-General belonging to the Archbishop bishop of Canterbury who as he is Primate hath the Guardianship of the Spiritualties of every Bishop within his Province during the Vacancy and executes all Episcopal Power and Jurisdiction by his Vicar-General who is at present in the Province of Canterbury Sir Richard Chaworth Knight Doctor of Laws The Archbishop of York hath the like Power in his Province and his Vicar-General is Dr. Burnel he also hath a Prerogative Court whereof the Judge is Dr. Levet Of the Colledge of Physitians in London AMongst other excellent Institutions in the City of London there is a Colledge or Corporation of Physitians who by Charters and Acts of Parliament of Henry VIII and since his Raign have certain Priviledges whereby no man though a Graduat in Phsick of Oxford or Cambridge may without Licence under the said Colledge Seal practice Physick in London or within seven miles of this City nor in any other part of England in case he hath not taken any Degree in Oxford or Cambridge Whereby also they can administer an Oath fine and imprison any Offenders in that and divers other particulars can make By-Laws purchase Lands c. Whereby they have Authority to search all the shops of Apothecaries in and about London to see if their Drugs and Compositions are wholesome and well made whereby they are freed from all troublesome Offices as to serve upon Juries to be Constable to keep watch and ward to bear Arms or provide Armes or Ammunition c. any Member of that Colledge may practice Surgery if he please not onely in London but in any part of England This Society had antiently a Colledge in Knight-Rider-Street the Gift of Doctor Linacre Physitian to King Henry the VIII since which a House and Ground was purchased by the Society of Physitians at the end of Amen street whereon the ever famous Dr. Harvey Anno 1652. did erect at his own proper charge a Magnificent Structure both for a Library and a Publick Hall for the meeting of the several Members of this Society endowed the same with his whole Inheritance which he resigned up while he was yet living and in Health part of which he assigned for an Anniversary Harangue to commemorate all their Benefactors to exhort others to follow their good Examples and to provide a plentiful Dinner for the worthy Company Anno 1666. This goodly Edifice could not escape the Fury of that dreadful Fire and
coming in not too late This office is now kept in Bishopsgate-street Of the Kings great Wardrobe THis Office was usually kept within the City near Puddle Wharfe in an antient House built by Sir John Beauchamp Son to Guy de Beauchamp Earl of Warwick and afterward sold to King Edward the Third The Master or Keeper of the Great Wardrobe is an office of great Antiquity and Dignity High Privileges and Immunities were conferred by Henry the Sixth and confirmed by his successors King James enlarged the same and ordained that this Great Officer should be an incorporation or Body Politique for ever His Office is to make Provisions for Coronations Marriages and Funerals to furnish the Court with Beds Hangings Carpets and other necessaries to furnish Houses for Ambassadors at their first arrival here Presents for Foreign Princes and Ambassadors Cloaths of Estate and other furniture for the Lord Lieutenant of Ireland Lord President of Wales and all His Majesties Ambassadors abroad to provide all Robes for Foreign Knights of the Garter for the Officers of the Garter Coats for Heralds and Pursuivants at Arms Robes for the Lord Chancellor Lord Treasurer c. Rich Liveries for the two Lords Chief Justice all the Barons of the Exchequor divers Officers in those Courts all Liveries for His Majesties domestick servants all Linnen for the Kings person c. To defray all the forementioned charges ordinarily there is expended yearly about twenty five thousand pounds besides all Extraordinaries as Coronations Funerals c. This Office is at present enjoyed by Edward Montague Earl of Sandwich one of His Majesties most Honourable Privy Council and Knight of the most Noble Order of the Garter The present Salary to his Lordship in compensation of all other antient Fees and Allowances is yearly 2000 l. The said House near Puddle Wharfe was long ago annext for ever to the Master of this Office but since the great Fire this Office is kept in the Savoy The chief Officers under the Master are a Deputy Thomas Townsend Senior Esq his Salary 200 l. and a Clerk Thomas Townsend Junior Esq whose Salary in compensation of all Fees and Allowances is yearly 300 l. Both these Officers had likewise fair dwelling houses which were also consumed by the fire Belonging to this Office are divers Tradesmen Artificers and others to the number of about 40 all sworn Servants to the King To this Office have lately been added by Patent during pleasure two cousiderable Officers viz. a Controuler Andrew Newport Esquire Brother to the Lord Newport and a Surveyour Colonel Bullen Reymes whose Salaries are 300 l. yearly to each one Of the Colledges in London THe Famous City of LONDON may not unfitly be stiled an University for therein are taught all Liberal Arts and Sciences not onely Divinity Civil Law Physick which in other Universities are usual are read here but also the Municipal or Common Law of the Nation is here taught and Degrees taken therein which can be said in no other Nation Moreover all sorts of Languages Geography Hydography the Art of Navigation the Art of Fortification Anatomy Chirurgery Chymistry Calligraphy Brachygraphy or Short-Hand the Arts of Riding Fencing Dancing Art Military Fire-works Limming Painting Enamelling Sculpture Architecture Heraldry all sorts of Musick Arithmetick Geometry Astronomy Grammar Rhetorick Poetry and any other thing that may any way contribute to the accomplishment of an ingenious Nobleman or Gentleman The Colledges of Municipal or Common-Law Professors and Students are 14 called still Innes the old English word for Houses of Noblemen or Bishops or of extraordinary note and which is of the same signification with the French word Hostel at Paris There are Two Inns of Sergeants Four Inns of Court and Eight Inns of Chancery The Inns of Chancery were probably so named because there dwelt such Clerks as did chiefly study the forming of Writs which regularly appertain to the Cursitors that are Officers of Chancery The first of these is called Thavies Inn begun in the Reign of Edward the Third and since purchased by Lincolns Inn as was also Furnivals Inn then there is Bernards Inn New Inn Clements Inn Cliffords Inn antiently the House of the Lord Clifford Staple Inn belonging to the Merchants of the Staple and Lyons Inn antiently a common Inn with the Sign of the Lyon These were heretofore preparatory Colledges for younger Students and many were entred here before admitted into the Inns of Court Now they are for the most part taken up by Atturneys Sollicitors and Clerks who have here their Chambers apart and their Dyet at a very easy rate in a Hall together where they are obliged to appear in grave long Robes and black round knit Caps These Colledges belong all to some Inns of Court who send yearly some of their Barresters to read to to these In these Inns of Chancery one with another may be about Sixty persons The Innes of Court were so named as some think because the Students therein are to serve the Courts of Judicature or else because antiently these Colledges received onely the Sons of Noble men and better sort of Gentlemen as Fortescue affirmeth Of these there are Four First The Two Temples heretofore the dwelling of the Knights Templers and purchased by some Professors of the Common Law above Three hundred years ago They are called The Inner and Middle Temple in relation to Essex House which was a part of the Knights Templers and called The Utter Temple because it is seated without Temple Bar. The two other Inns of Court are Lincolns Inn belonging anciently to the Earls of Lincoln and Greys Inn belonging to the Noble Family of the Greys In the Reign of Henry the Sixth they so flourished that there were in each of these about Two hundred Students and a Student then expended yearly about 20 l. Which was as much as Two hundred pounds now for they had usually as the French Nobles have now in their Academies every one an old discreet Servant and divers Masters for to instruct them in all laudable qualities and therefore saith the same Fortescue Ultra Studium legum sunt quasi Gymnasia omnium morum And the Students were onely saith he Nobilium Filii that is Gentlemen at least for so the word Nobilis was then taken here and is still in France And therefore by command of King James none were to be admitted into these Colledges but Gentlemen by descent Our Ancestors thought those of inferior rank would rather debase the honor of the Law and would be prone to chicane or play tricks and not like to be so fit for Trusts and Honors whereas the consideration of Birth and Fortune makes Men more careful of their Honor and Reputation These Societies are no Corporations nor have any Judicial Power over their Members but have certain Orders among themselves which have by consent the Force of Laws For lighter offences they are onely excommoned or put out of Commons not to eat with the rest and