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
are as the Dies Nefâ—sti wherein the Courts sit not so that in one fourth part of the year and that in one City all considerable causes of the greatest part of England are fully decided and determined whereas in forreign parts the Courts of Justice are open all the year except high Holydayes and Harvest and that in all great Cities This may seem therefore strange to all Forreigners till they know that the English have alwayes been given more to peaceableness and industry then other people and that rather then go so far as London and be at so great Charges with Attourneyes and Lawyers they will either refer their differences to the Arbitration of their Parish Priests who do or ought to think it a Principal part of their Duty to reconcile differences within their Parishes or to the Arbitration of honest Neighbours or else are content to submit their differences to tryal before the Judges of Assises or the Itinerant Judges who twice a year viz. after the end of Hilary Term and after the end of Trinity Term two by two of these principal Judges ride several Circuits and at the Principal Town of every County sit to hear and determine all Causes of lesser moment both civil and criminal a most excellent wise Constitution begun by King Hen. 2. Anno 1176. who at first divided England into six Circuits not the same that are now and to each Circuit allotted three judges Wales also is divided into two Circuits North and South Wales for which are designed in like manner two Sergeants at Law for each Circuit These Judges give Judgment of the Pleas of the Crown and all Common Pleas within those Counties dispatching ordinarily in two or three days all Controversies in a County that are grown to issue in the fore-mentioned Courts at London between Plaintiffs and Defendants and that by their Peers a Jury of 12 men ex viceneto out of the neighbourhood where about the business lyes So that twice a year in England and Wales Justice may be said to be rightly and speedily administred even at our own doors Besides the forementioned Courts at Westminster Henry 8. erected for the more ease of the Subject a Court in the North of England another for the County of Wales and Counties adjoyning and intended another for Cornwall and Devonshire and these in manner of those Courts called in France Parlements where all cases might be decided both according to the Laws of England and according to equity in Chancery Of these Courts that for Cornwal was never fully erected those people desiring rather to come to London for Justice that of the North was by the late long Parliament taken away and so was that of Wales but this last since the Restauration of the King again erected Of this Court or Council of the Marshes of Wales is a Lord President at present the Lord Vaughan Earl of Carbury divers Councellors Secretary Attourney Sollicitor Surveyor who have Salaries from His Majesty HAving given a brief Account of the Civil Government of all England in General next shall be described the particular Government of Counties Hundreds Cities Burroughs and Villages For the Civil Government of all Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers men of worth and parts who have their usual residence in the County so many as His Majesty pleaseth to keep the Peace of the County and these by Commission under the great Seal are called Justices of Peace and such of them in whom the King doth more particularly confide or respect are called Justices of the Quorum from those words in the Commission Quorum A. B. unum esse volumus that is some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of Peace and Quorum is by the Lord Keeper made Custos Rotulorum so called because he hath the Custody of the Rolls or Records of the Sessions and is to bring them to each Quarter Sessions The Original of Justices of Peace is from the first year of Edward 3. Their Office is to call before them examine and commit to Prison all Theeves Murderers wandring Rogues those that hold Conspiracies Conventicles Riots and almost all other Delinquences that may occasion the breach of Peace and quiet to the Kings Subjects to commit all such to prison as either cannot or by Law are not to be bailed that is cannot be set at liberty by Sureties taken for their appearance at a place and time certain land to see them brought forth in due time to Tryal Every Quarter or three months the Justices meet at the chief or Shire Town where the Grand Enquest or Jury of the County is summoned to appear who upon Oath are to inquire of all Traitors Hereticks Theeves Murderers Money-coiners Riots c Those that appear to be guilty are by the said Justices committed to prison to be tryed at the next Assises when the Judges of Westminster come their Circuits aforementioned For execution of Laws in every County except Westmorland and Durham the King every Michaelmas Term nominates for each County a Sheriff that is a Reeve of the Shire Praepositus or Praefectus Comitatus a Governor or Guardian of the County for the words of the Patent are Commisimus tibi Custodiam Commitatus nostri de N. The Sheriffs Office is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to empannel Juries to bring Causes and Criminals to Tryal to see the sentences both in Civil and Criminal affairs executed to wait on and guard the Itenerant Judges twice a year so long as they continue within the County which at the Assises is performed with great Pomp Splendor Feasting c In order to the better execution of his Office the Sheriff hath attendant his Under-Sheriff divers clerks Stewards of Courts Bayliffs of Hundreds Constables Gaolers Sergeants or Beedles besides a gallant train of servants in rich Liveries all on Horseback at the Reception of the Judges He was antiently chosen as Knights of the Shire but to avoid Tumults it is now thus Every year about the beginning of November the Judges Itinerant nominate six fit men of each County that is Kts. or Esquires of good Estates out of these the Lords Keeper Treasurer Privy Councellors and 12 Judges assembled in the Exchequer Chamber and sworn make choice of three of which the King himself after chooseth one to be Sheriff for that year only though heretofore it was for many years and sometimes heriditary as at this day to the Cliffords who by dissent from Robert de Vipont are Sheriffs heriditary of the County of Westmoreland by Charter from King John Furthermore the Sheriffs Office is to collect all publick profits Customes Taxes of the County all Fines Distresses and Amerceaments and to bring them into the Kings Exchequer or Treasury at London or else where as the King shall appoint The
Sheriff of each County hath a double function first Ministerial to execute all Processes and Precepts of the Courts of Law and to make returns of the same Secondly Judicial whereby he hath authority to hold two several Courts of distinct nature the one called the Sheriffs Turn which he holdeth in several places of the County enquiring of all Criminal Offences against the Common-Law not prohibited by any Statute The other called the County Court wherein he hears and determines civil Causes of the County under 40 s. which antiently was a considerable summe so that by the great fall of the moneys now the Sheriffs authority in that part is much diminished He is said to be the life of Justice of the Law and of the County for no suit begins and no process is served but by him then no Execution of the Law but by him lastly he is the chief Conservator of the Peace in the whole County Every County being subdivided into Hundreds so called at first either for containing an hundred houses or 100 men bound to find Armes or Wapentakes so called from touching a weapon when they swore Allegiance as the manner at this day is in Sweden at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike every such Wapentake oâ— Hundred hath commonly a Bayliff a very antient Officer but now of small Authority also Officers called High Constables first ordained by the Statute of Winchester 13 Edw. 1. for conservation of Peace and view of Armour they disperse Warrants and Orders of the Justices of Peace to each Pety Constable There are also in every County two Officers called Coroners whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death and to enter the same upon Record which is matter Criminal and a plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Free holders of the County by vertue of a Writ out of the Chancery They were antiently men of estates Birth and Honour and therefore in the Reign of Edward III. a Merchant being chosen a Coroner was removed quia communis Mercator fuit whereas he ought to have been a Gentleman which have no Trades man is reckoned to be by our Laws Every County also hath an Officer called Clerk of the Mercat whose Office is to keep a Standard of all Weights and Measures exactly according with the Kings Standard kept in the Exchequer and to see that none others be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are otherwise He hath a Court and may keep and hold Plea therein Of the Civil Government of Cities EVery City of England by their Charters or Priviledges granted by several Kings is a little Common-wealth apart governed not as the Cities of France by a Nobleman or Gentleman placed there by the King but wholly by themselves they choose amongst themselves their own Governor in Cities a Mayor is chosen commonly out of 12 Aldermen In some other Coâ—porations a Bailiff is chosen out of a certain number of Burgesses They are not taxed but by their own Officers of their own Corporation every trade having some of their own alwayes of the Council to see that nothing be enacted contrary to their profit Every City by Charter from the King hath haute moyenne basse Justice a jurisdiction amongst themselves to judge in all matters criminal and civil onely with this restraint that all civil causes may be removed from their Courts to the Higher Courts at Westminster The Mayor of the City is the Kings Lieftenant and with the Aldermâ—n and Common Council as it were King Lords and Commons in Parliament can make Laws called By-Laws for the Government of the City He is for his time which is but for one year as it were a Judge to determine matters and to mitigate the Rigour of the Law The next in Government of Cities are two principal Officers called though improperly the Sheriffs who are Judges in civil causes within this City and to see all execution done whether penal or capital and should rather be called Stat-reeves or Port-reeves i. e. Urbis vel Portus Praefecti In Cities the people are generally made more industrious by Manufactures and less idleness suffered then in other places so that in some Cities children of six or seven years old are made to gain their own expences In the City of Norwich it hath of late yeares been computed and found that yearly children from 6 to 10 years of age have gained 12 thousand pounds more then what they spend and that chiefly by knitting fine Jersey Stockings The Government of Burroughs and other Towns corporate is much after the same manner In some there is a Mayor in others one or two Bailiffs who have equal power with a Mayor and Sheriffs and during their Offices they are Justices of the Peace within their Liberties and have there the same power that other Justices of the Peace have in the County For the better Government of Villages the Lord of the place hath ordinarily power to hold a Court-Baron so called because antiently such Lords were called Barons as they are still in many parts of France or else Court Baron i. e. Court of Freeholders as the Barons of Germany are called Frey herren so the Barons of the Cinque Ports in England are but the Freeholders of the Cinque Ports And this Court may be held every 3 weeks Also for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place this Officer is to keep the Peace in case of quarrels to search any house for Robbers Murdrers or others that have any way broken the peace to raise the Hue and Cry after Robbers fled away to seize upon them and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasiions either to bring crrminals before them or to carry them by their command to the common Prison Every little Village almost hath an Epitome of Monarchical Government of Civil and Ecclesiastical policy within it self which if duly maintained would render the whole Kingdome happy First for the civil Government there is the Lord of the Soyl who from the Crown immediately or mediately holds Dominium soli and is said to have in him the Royalty as if he were a little King and hath a kind of Jurisdiction over the Inhabitants of the Village hath his Court-Leetâ— or Court-Baron to which they owe suit and service and where may be tryed smaller matters happening within the Mannour Escheats upon Felonies or other accidents Custody of Infants and Lunaticks power of passing Estates and admitting of Tenants Reliefs Hariots Hunting Hawking Fishing c. under the Lord is the Constable or
expedient to premise somewhat of the Ecclesiastical persons in England IN the Government of the Church of England among the Ecclesiastical persons governing in the Englih Church is First the King of England who is as the Lawyers say Personae sacra mixta cum sacerdote The King is the supreme Bishop of England and at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical for as he hath put upon him Corona Regni as an Embleme of his King-ship and power in Temporals so hath he Stola Sacerdotis commonly called Vestis Dalmatica as a Levitical Ephod to signify his Priesthood and power in Spirituals He is Supreme Governor in all Causes Ecclesiastical as well as Civil is Patron Paramount of all Ecelesiastical Benefices in England to whom the last Appeal in Ecclesiastical Affaires are made who alone hath power to nominate persons for all Bishopricks and chief Dignities as Deaneries and some Prebends in the Church c as more at large may be seen in the First part of the Present State of England Next to the King in the Church Government are the Bishops whereof two are called Primats Metropolitans or Archbishops that is chief Bishops the one of Canterbury the other of York each of which have besides their Peculiar Dioceses a Province consisting of several Dioceses and therein by Common Law a Prerogative of proving Wills and granting Administrations where the person dying had bona notabilia that is above 5 l. in Divers Dioceses or Jurisdictions Also by Grants of several Kings they have each one certain Priviledges Liberties and immunities in their own Estates Under these two Archbishops are 26 Bishopricks whereof 22 are reckoned in the Province of Canterbury and four in the Province of York So that there are besides the two Archbishops twenty four Bishops all which have the Title of Lords by reason of their Baronies annext to their Bishopricks and have precedence of all other Barons both in Parliament and other Assemblies amongst these precedes always the Bishop of London who by antient right is accounted Dean of the Episcopal Colledg of that Province and by vertue thereof is to signify the Pleasure of his Metropolitan to all the Bishops of the Province to execute his Mandates to disperse his Missives on all emergency of affaires to precide in Convocations or Provincial Synods during the necessary absence of the Metropolitan Next to London in Parliament precedes Durham and then Winchester all the rest of the Bishops take place according to the Seniority of their Consecrations The Function of an English Bishop consists in what he may act either by his Episcopal Order or by his Episcopal Jurisdiction By his Episcopal Order he may ordain Deacons and Priests he may Dedicate Churches and burying places may administer the Rite and Ceremony of Confirmation without whom none of these things may be done The Jurisdiction of a Bishop is either Ordinary or Delegated the Ordinary is what by the Law of the Land belongs to each Bishop in his own Diocess the Delegated is what the King is pleased to confer upon him not as a Bishop but as he is a Subject and a considerable Member of the Kingdom For all Clergymen are in England as antiently among Gods own People the Jews and amongst the Primitive Christians so soon as they were under Christian Emperors judged fit to enjoy divers temporal honours and employments as First to be in the Commission of the Peace for who so proper to make and keep Peace as they whose constant duty it is to preach Peace who so fit as they whose main business and study it is to reconcile those that are at variance and therefore since His Majesties happy Restauration as well as before divers grave discreet Divines have been made Justices of Peace and thereby not only the poor Clergy-men have been protected from the oppression of their causeless enemies but many differences have been composed without any Law-sute in a more Christian and less expensive way Secondly to be of His Majesties Privy Council where frequently Cases of Conscience may arise relating to State matters that will admit neither of delay nor publication and therefore after the pattern of that excellent Christian Emperor Constantine the Great our good Kings both before and since the Reformation have always admitted some spiritual persons to their Council Tables and Closet-debates Thirdly to be employed in publick Treaties and Negotiations of Peace and this both the Ancient and Modern practice will justify that none hath been more frequently and succesfully used in such Messages then the Ambassadors of Christ Fourthly to enjoy some of the great Offices of the Crown as to be Lord Chancellor Lord Treasurer c. And it hath been observed that in the late Kings Raign when the Bishop of London was Lord Treasurer that Office was executed with as much diligence faithfulness dexterity and content to the Subject as well as to the King as ever it had been by any of his late lay-Predecessors In the ordinary Jurisdicton of a Bishop as a Bishop may be considered either the Jurisdiction it self or what is instated in him by the Law of the Land for the better execution of that Jurisdiction The Jurisdiction it self is established partly by Statute Law as to Licence Physitians Surgeons and School-Masters to unite and consolidiate small Parishes to assist the Civil Magistrates in the execution of some Statutes concerning Ecclesiastical affairs to compel the payment of Tenths and Subsidies due from the Clergy to the King Partly by Common Law as upon the Kings Writ to certify the Judges touching legitimate and illegetimate Births and Marriages to require upon the Kings Writ the burning of an obstinate Heretick also to require the Kings Writ for imprisoning the Body of one that obstinately stands excommunicated 40 dayes And partly by Common and Ecclesiastical Law together as to cause Wills of the Deceased to be proved to grant Administration of Goods of such as dye intestate to give order for the gathering and preserving of perishable Goods where none is willing to administer to cause Account to be given of Administrations to collate Benefices to grant Institutions to Benefices upon the Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the use of the Successors to defend the Franchises and Liberties of the Church to visit their particular Diocesses once in three years and therein to inquire of the Manners Carriages Delinquencies c. of Ministers of Church-wardens of the rest of the Parishoners and amongst them especially of those that profess themselves Physitians Surgeons School-masters Midwives of Wardens of Hospitals how they perform their several Duties and trusts also of all others professing Christianity and offending either against Piety as by Blasphemy Idolatry Superstition Perjury Heresie Errors against the 39 Articles Schism Conventicles absence from Divine Service unlawful abstinence
Headborough to keep the Peace to secure offenders to bring them before the Justice c. Then for the Ecclesiastical Government of Villages there is as before hath been mentioned the Parson or Vicar who hath Curam Animarum the Care of Souls as the Lord of the Mannor hath in some measure Curam Corporum for which he hath the Tythes Glebe and Church Offrings hath under him the Church-wardens and Sides-men to take care of the Church and Church Assemblies the Overseers of the Poor to take care of the Poor Sick Aged Orphans and other Objects of Charity and Lastly the Clark to wait on him at Divine Service Thus admirable and excellent is the Constitution of the present English Government above and beyond any other Government in Christendom O Fortunatos nimium bona si sua norint Angligenas If English men did know their Bliss Too great would be their Happiness Of the Military Government of England IT was a smart Motto that the Great Henry the IV. of France Grandfather to our Gracious King now raigning caused to be engraven on his Great Guns Ratio Ultima Regum Intimating thereby that when Subjects refuse to submit to the Laws of the Land or Neighbours to the Law of Nations then Kings have recourse to Force and Armes to bring them to Reason So long as Subjects are prone to Sedition and Neighbour-Princes and States to Ambition there will be a necessity of a Military Power in every State both by Land and likewise by Sea where the Country is any where bordering on the Sea Of the Military power of England both by Land and Sea the King of England hath the sole supreme Power Government Command and disposition And neither one nor both Houses of Parliament have any right to levey any Forces or make any War Offensive or Defensive as they have at large declared in Parliament Anno 14 Car 2. By Land the next under the King was the late Duke of Albemarle who by His Majesties Commission dated 4 th of April 1660. at Breda was made Generalissimo of all His Majesties Forces in all His Three Kingdoms Horse and Foot Land Souldiers in pay as well within Garrison as without Since the Death of the aforementioned Duke the Horse and Foot which are in constant Pay are thus ordered there are four excellent Regiments of Foot The first is called the Kings Regiment consisting of 24 Companies and near 1700 men commanded by Coll. John Russel whose Lieftenant Coll. is Edw. Grey brother to the Lord Grey and whose Major is William Rolleston The next is the Duke of Yorks Regiment 720 men commanded by Sir Charles Littelton whos 's Lieft. Coll. is Sir John Griffith and his Major Nath. Dorrel Of the third Regiment 600 men Sir Walter Vane is Coll. Thomas Howard of Suffolk Lieft. Coll. and Sir Thomas Ogle Major Of the fourth Regiment 960 men the Coll. is the Earl of Craven his Lieft. Col. is Sir James Smith his Major John Millar There is also a Gallant Regiment of Horse consisting of 8 Troops about 500 Horse besides Officers commanded by the Earl of Oxford and his Major is Francis Windham His Majesty hath besides 3 compleat Troops for his Life Guards whereof one is called the Kings Troop consisting of 200 Horse and commanded by the Duke of Monmouth Another the Queens Troop 150 Horse and commanded by Sir Philip Howard and the third the Duke of Yorks Troop 150 Horse and commanded by the Marquis of Blanquefort whereof see more in the first Part of the Present State of England The pay of a Colonel of Foot is 20 s. per diem and of a Colonel of Horse 12 s. per diem the other Officers have proportionable pay Each Foot Souldier in London hath 10 d. a day and each Horseman 2 s. 6 d. a day Onely those of the Life Guard have each 4 s. a day The rest of His Majesties Forces that are in constant pay are disposed of into several Garrisons a List whereof follows Alphabetically with the names of their several Governors Barwick Lord Widdrington Carlile Sir Philip Musgrave Chepstow Captain Roger Vaughan Chester Sir Jeofry Shackerly Dover Capt. Strode Deale Capt Titus Guernsey Lord Hatton Gravesend Sir Francis Leak Harwich Sir Charles Littleton Hull John Lord Bellassis Jersey Sir Thomas Morgan Languard Fort Major Dorrell St. Maws Sir Viel Vivian Pendenis Richard Lord Arundel Plimouth Earl of Bath Portsmouth D. of York Sir Philip Honywood Lieutenant Governor Scarborough Sir Tho. Slingsby Scylly Isle Sir Will. Godolphin Shereness Sir Bourcher Wray Tinmouth Col. Edward Villars Tower Sir John Robinson Vpner Castle Windsor Castle Prince Rupert Isle of Wight Sir Robert Holmes York the Lord Freschevile In some of these Garrisons His Majesty is at the charge of above 500 men constantly each Garrison Souldier hath 8 pence a day Of all the land Forces in pay the Commissaries Gen. of Musters are Henry Howard of Suffolk and Sir Cecil Howard The Pay-master of all the Forces is Sir Stephen Fox The Judge Advocate Dr. Sam. Barrow For regulating and ordering His Majesties Land Forces that are in constant pay there are no Orders yet setled by Act of Parliament as there are for his Sea Forces but may be in a short time Besides the afore-mentioned Forces there is the standing Militia by Land of all England setled in the King to be governed ordered and enlarged from time to time as his Majesty shall see occasion For the management of these standing Land Forces the King himself makes choice of divers of the principal Peers of his Kingdome and by Commission creates them Lord Lieutenants of the several Counties of England with power to arm array and form into Companies Troops and Regiments to conduct upon occasion of Rebellion or Invasions and employ the men so armed within the Counties and Places for which the said Lords are commissioned or into any other County as the King shall give order To give Commissions to Colonels or other Commissioned Officers to present to the King the names of the Deputy-Lieutenants who have in the absence of the Lord Lieutenant the same power and these are to be of the prime Gentry of the County to charge any person in the County with Horse Horsemen and Arms or Foot Souldiers and Arms within the said County proportionable to their estates with limitation that no person be charged with a Horse unless he hath 500 l. yearly Revenue or 6000 l. in personal Estate No person to be charged with a Foot Souldier unless he hath 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together to find a Horse and Horseman or a Foot Souldier The forementioned Horse and Foot are to muster once or twice a year and each Horseman during the time of the Muster to be allowed him for whom he serves 2 s. a day and each Foot Souldier 12 d. a day For furnishing Ammunition and other Necessaries the Lord Lieutenant