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A31599 The second part of the present state of England together with divers reflections upon the antient state thereof / by Edward Chamberlayne ...; Angliae notitia. Part 2 Chamberlayne, Edward, 1616-1703. 1671 (1671) Wing C1848; ESTC R5609 117,915 324

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Commons is a little above 500 persons whereof commonly near 200 are absent upon business or sickness c. Note that the Barons of the Cinque Ports are at this day onely as other Burgesses in Parliament but are still called Barons after the antient manner because heretofore they got great renown by their exploits at Sea in defending the Kingdom in memory whereof they have yet the Priviledge to send Burgesses to bear the Cloth of State over the Kings Head on the day of his Coronation and to dine that day in the Kings Presence A List of all the Knights Citizens Burgesses and Barons of the Cinque Ports that at present serve in the Parliament of England Bedford SIR Humphry Winch Bar. Sir John Nappier Bar. Town of Bedford Pawlet St. John Esq Sir William Beecher Kt. Berks. Richard Nevil Esq Sir Richard Powle Kt of the Bath Burough of New Windsor Sir Richard Braham Kt. Sir Thomas Higgons Kt. Borough of Reading Sir Thomas Doleman Kt. Richard Aldworth Esq Burough of Wallingford Sir John Benet Knight of the Bath Robert Packer Esq Borough of Abingdon Sir George Stonehouse Bar. Bucks Sir William Bowyer Kt. and Bar. Sir William Terringham Kt. of the Bath Town of Bucks Sir Richard Temple Bar. Sir William Smith Bar. Borough of Chipping Wiccomb Sir Edmond Pye Kt. and Bar. Sir John Burlace Bar. Borough of Aylesbury Sir Richard Ingoldsby Knight of the Bath Sir Thomas Lee Bar. Borough of Agmondesham Sir Will. Drake Kt. Sir Thomas Proby Bar. Borough of Wendever Richard Hampden Esq Robert Crooke Esq Borough of great Marlowe Peregrine Hobby Esq Charles Cheyney Esq Cambridge Sir Thomas Chicheley Kt. Sir Thomas Wendy Knight of the Bath Vniversity of Cambridge Thomas Crouch Master of Arts Sir Charles Wheeler Bar. Town of Cambridge William Lord Allington Roger Pepis Esq Chester Sir Foulke Lucy Knight Thomas Cholmly Esq City of Chester Sir Thomas Smith Bar. John Radcliff Esq Cornwall Sir Jonath Trelawny Kt. Sir John Corryton Bar. Borough of Dunhivid alias Launceston Sir Richard Edgecombe Knight of the Bath Sir Charles Harbord Knight His Majesties Surveyor General Borough of Leskeard John Harris Esq Barnard Greenvile Esq Borough of Lestwithiel Charles Smith Esq Silas Titus Esq Borough of Truroe John Arundel Esq Edward Boscawen Borough of Bodmin Sir John Carew Bar. Hender Roberts Esq Borough of Helston Sir William Godolphin Bar. Sidney Godolphin Esq Borough of Saltashe Francis Buller Junior Esq John Buller Esq Borough of Camelford Thomas Coventry Esq Sir Will. Godolphin Kt. Borough of Port-Pigham alias Westlow Sir Henry Vernon Bar. John Trelawny Esq Borough of Grampound Charles Trevanion Esq John Tanner Esq Borough of Estlow Henry Seymour Esq Sir Robort Atkins Kt. of the Bath Borough of Penryn William Pendarvis Esq John Birch Esq Borough of Tregony Hugh Boscawen Esq Thomas Herle Esq Borough of Bossiny Robert Roberts Esq Richard Rous Esq Borough of St. Ives James Praed Esq Edward Nosworthy Esq Borough of Fowey Jonathan Rashley Esq John Rashly Gent. Borough of St. Germains John Elliot Esq Edward Elliot Esquire Borough of St. Michael Matthew Wren Esq Francis Ld Hawley Borough of Newport John Speccot Esq Nicolas Morice Borough of St. Mawes Arthur Spry Esq Sir Joseph Tredinham Borough of Kellington Sir Cyril Wych Kt. Sam. Roll Esq Cumberland Sir George Fletcher Bar. Sir John Lowther Bar. City of Carlile Sir Philip Howard Kt. Christopher Musgrave Esq Borough of Cockermouth Sir Wilfrid Lawson Kt. John Clark Esq Derby William Lord Cavendish Sacheveril Esq Town of Derby John Dalton Esq Anchetel Grey Esq Devon Sir John Roll Knight of the Bath Sir Copplestone Bamfield Kt. City of Exeter Sir James Smith Kt. Robert Walker Esq Borough of Totnes Sir Edward Seymour Bar. Sir Thomas Clifford Kt. Borough of Plymouth Sir William Morice Kt. Sir Gilbert Talbot Kt. Town and Borough of Okehampton Sir Edward Wise Knight of the Bath John Harris Esq Borough of Barnstable Sir John Norcot Bar. Nicholas Dennis Esq Borough of Plympton Sir William Stroude Kt. Sir Nicholas Slanning Kt. and Bar. Borough of Honiton Sir Courtney Poole Bar. Peter Prideaux Esq Borough of Tavistok George Howard Esq William Russel Esq Borough of Ashburton Sir Geo. Sonds Kt. of the Bath John Fowel Esq Borough of Clifton Dartmouth Hardnes William Harbord Esq William Gould Esq Borough of Beeralston Sir John Maynard Kt. the Kings Sergeant at Law Joseph Maynard Esq Borough of Tiverton Thomas Carew Esq Henry Ford Esq Dorset Giles Strangeways Esq Sir John Strode Kt. Town of Poole Sir John Moreton Bar. Thomas Trenchard Esq Borough of Dorchester James Gould Esq John Churchill Esq Borough of Kings Lime Sir John Shaw Kt. and Bar. Henry Henly Esq Borough of Weymouth Sir John Covenrry Kt. of the Bath Sir Winston Churchill Kt. Borough of Kings-mellcombe Bullen Reymes Esq Anthony Ashley Esq Borough of Bridport Humphrey Bishop Esq John Strangewaise Esq Bor. of Shaston alias Shastbury Henry Whittacre Esq John Bennet Esq Borough of Wareham George Pit Esq Robert Culleford Esq Borough of Corfe Castle Sir Ralf Banks Kt. John Tregonwell Esq Essex Banestre Maynard Esq Sir John Bramstone Knight of the B●rb● Borough of Colchester Sir Harbottle Grimstone Baronet Master of the Rolls Sir John Shaw Kt. Borough of Malden Sir John Tirril Kt. Sir Richard wiseman Kt. Borough of Harwich Thomas King Esq Sir Capel Luckin Gloucester John Grubham How Esq Sir Bainham Throgmorton Kt. City of Gloucester Sir Edward Massy Kt. Evan Seyes Serjeant at Law Borough of Cirencester Henry Fowle Esq John George Esq Borough of Tewksbury Sir Henry Capel Kt. of the Bath Richard Dowdswel Esq Hereford John Kerle Bar. Thomas Price Esq City of Hereford Roger Vaughan Esq Herbert Westphaling Esq Borough of Leompster Reynald Graham Esq Humphrey Cornwall esq Borough of Weobly John Barnaby Esq Sir Thomas Tompkins Kt Hertford Sir Richard Franklyn Knight and Baronet Will. Hale Esq Borough of St. Albans Sam. Grimston Esq Thomas Arris Doctor of Physick Borough of Hertford Sir Edward Turner Knight Speaker Thomas Lord Fanshaw Knight of the Bath Huntingdon Robert Vicount Mandeville Henry Williams Esq Borough of Huntingdon Sir John Cotton Bar. Lyonel Walden Esquire Kent Sir Thomas Peyton Bar. Sir John Tufton Kt. and Bar. City of Canterbury Thomas Hard●es Serj. at Law Sir Edward Masters Kt. City of Rochester Sir Francis Clerk Kt. Richard He●d Esquire Borough of Maidstone Thom●s He●l●ckenden Esquire Sir Robert Barneham Bar. Borough of Queenborough James Herbert Esquire Sir Edward Hales Bar. Lancaster Sir Roger Bradshaw Kt. Thomas Preston Esquire Borough of Lancaster Richard Kirkby Esquire Richard Harrison Esquire Borough or Town of Preston in Amounderness Edward Rigby Esquire John Otway Esquire Borough of Newton Richard Lord Gorges Richard Leigh Esq Borough of Wigon Charles E●rl of Ancram Sir Jeofry ●h●kerley Kt. Borough of Clitheroe Sir John Heath Attorney of the Dutchy Ambrose Pudrey Esq Borough of Liverpoole Sir William Bucknell Kt. Sir Gilbert Ireland Kt. Leicester John Lord Roos George Faunt Esq Town of Leicester
Borough of Cricklade Sir George Hungerford Kt. Sir John Earnely Kt. Borough of Great Bedwin Sir John Trevor Kt. Henry Clerk Esq Borough of Lugdersal William Ashburnham Esq Thomas Gray Esq Borough of Old Sarum Edward Nicholas Esq Sir Eliab Harvey Kt. Borough of Wooten Basset Sir Walter St. John Bar. John Pleydal Esq Borough of Marleborough John Lord Seymour Jeoffery Daniel Esq Worcester Sir John Packington Bar. Samuel Sandys Sen. Esq City of Worcester Sir Rowland Berkly Kt. Thomas Street Esq Borough of Droitwich Henry Coventry Esq Samuel Sandys Jun. Esq Borough of Evesham Sir John Hanmer Kt. Sir James Rushout Kt. Borough of Bewdly Sir Henry Herbert Kt. York Conyers Darcy Esq Sir Thomas Slingsby Kt. City of York Sir Metcalf Robinson Kt. Sir Thomas Osborn Bar. Town of Kingston upon Hull Anthony Gilby Esq Andrew Marvel Gent. Borough of Knaersborough Sir John Talbot Kt. William Stockdale Esq Borough of Scarborough Sir Phillip Munckton Esq William Thompson Esq Borough of Rippon Sir Jo. Nicholas Kt. of the Bath Thomas Burwell Dr. of Laws Borough of Richmond Sir William Killegrew Kt. Marmaduke Darcy Esq Borough of Heydon Henry Guy Esq Sir Hugh Bethel Kt. Borough of Burrowbridge Sir Rich. Malevere Kt. and Bar. Robert Long Esq Borough of Malton William Palmes Esquire Sir Thomas Gowre Kt. Borough of Thirske Sir Thomas Ingram Kt. Will. Franklin Esquire Borough of Aldborough Sir Soloman Swale Bar. Sir Francis Goodrick Kt. Borough of Beverley Michael Wharton Esquire Sir John Hotham Bar. Borough of North-Allerton Sir Gilbert Gerard Kt. and Bar. Roger Talbot Esquire Borough of Ponfract Sir John Dawney Kt. Sir William Lowther Kt. Barons of the Cinque Ports Port of Hastings Edward Waller Esquire Sir Denny Ashburnham Bar. Town of Winchelsea Francis Finch Esquire Robert Austin Gent. Town of Rye Sir John Robinson Kt. and Bar. Sir Jo. Austin Bar. Port of New Rumney Sir Charles Sidley Bar. Sir Norton Knatchbull Bar. Port of Hyth John Harvey Esquire Sir Henry wood Kt. and Bar. Port of Dover George Montague Esquire Edward Lord Hinchenbroke Port of Sandwich Jo. Strode Esquire James Thurbarne Esquire Port of Seaford Sir William Thomas Kt. and Bar. Nicholas Pelham Esquire WALES Anglesey Nicholas Bagnall Esquire Town of Bewmorris John Robinson Esquire Brecon Edward Progers Esquire Town of Brecon Sir Herbert Price Bar. Cardigan Edward Vaughan Esquire Town of Cardigan Sir Charles Cotterel Kt. Carmarthen Sir Henry Vaughan Kt. Town of Carmarthen John Lord Vaughan Knight of the Bath Carnarvon Sir Richard Wynne Bar. Town of Carnarvon William Griffith Esquire Denbigh John Wynne Esquire Town of Denbigh Sir John Salisbury Bar. Flint Sir Thomas Hanmer Bar. Town of Flint Roger Whitely Esquire Glamorgan Sir Edward Mansel Bar. Town of Cardiffe Robert Thomas Esquire Merioneth Henry Wynne Esquire Pembroke Arthur Owen Esquire Town of Haverdford-West Sir Frederick Hyde Kt. Town of Pembroke Rowland Lagherne Esquire Montgomery Andrew Newport Esquire Town of Montgomery Henry Herbert Esquire Radnor Sir Richard Lloyd Kt. Town of Radnor Sir Edward Harley Kt. of the Bath Note that some Knights and Burgesses being lately deceased others are not yet elected in their Room Of the Executive Power in Temporal Matters A Brief account of the Legislative power in Temporall affairs having been given next may be considered the Executive power in those affairs and that is generally in the King he is the Fountain of Justice he is the Fountain of Justice he is the Lord Chief Justice of England and therefore as all the Laws of England are called the Kings Laws because he is Caput Principium Finis Parliamenti by which the Laws are made and that nothing can have the Force of a Law but what he wills so all the Courts of Judicature are called the Kings Courts and all the Judges of those Courts are called the Kings Judges The highest Court of Judicature in England is the House of Lords in Parliament so that the Parliament is not only Concilium but Curia a Court of Judicature consisting as aforementioned of all the Lords Spiritual and Temporal as Judges and these assisted with the most grave and eminent Lawyers of England both in Common and Civil Law To the Judicature of this Supreme and most Honourable Court all other Courts and Persons that are Subjects of England are Subject and accountable for all Crimes not properly tryable remediable or punishable in other inferiour Courts of Justice and to this Court all last Appeals are to be made and from whose Sentence there lies no appeal but to a succeeding Parliament and this supreme Judicatory or Judicial Power lyes only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation impeach the highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence after which there can be no farther proceeding till the King informed of the whole matter gives His Royal Assent for the Execution of the said Sentence or grant His gracious Pardon In the late Long Parliament the House of Commons pretended to be also a Court of Judicature and at length usurped a most exorbitant power to the total ruine of Monarchical Government and it is worth observing by what Gradations they arrived thereto In the time of Queen Elizabeth and not before the Commons began to take upon them as saith Mr. Pryn a learned Member of that House to seclude one another for undue Elections whereas formerly the King and Lords were accounted the sole Judges of all Members of the Commons House and to have the sole power to judge of their undue Elections Returns Misdemeanors Breaches of Privileges and of all other matters concerning their Membership also for freeing any Member from Arrest or Imprisonments did wholely and solely belong to the Lords and not to the Commons unless it were by special order referred by the Lords to the House of Commons as heretofore sometimes hath been done In the time of King Charles the Martyr the Commons went farther took upon them utterly to expel out of their House some of their fellow Members as Projectors and Monopolizers although they had been duly elected After this in the same Kings time they expelled all such as adhered in Loyalty to the King next they secluded and imprisoned all such as the Officers of the late rebellious Army impeached or disliked then by the help of that Army 50 or 60 of the Members of that House expelled all the rest of their fellows and soon after voted down the King and whole House of Lords and voted themselves to be the Parliament to be the sole Legislators and the Supreme Authority of England into such a prodigious height of folly and impiety do men run when they once allow themselves to pass their due limits Of the Court of Justice called the Kings-Bench FOr the Execution of Laws after the House of Lords in Parliament the highest Court in England is the Kings
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 ●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 a● 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
447 150 38 Welcome 400 150 38 Yarmouth 608 180 44 Fifth Rate       Augustin 300 110 26 Briar 180 90 18 Colchester 287 110 24 Convert 250 110 26 Coventry 200 110 20 Dartmouth 220 110 22 Dolphin 130 80 14 Eagle 299 110 22 Forester 230 110 32 Fame 200 95 20 Gift 300 100 26 Garland 2●5 1●0 20 Greyhound 150 90 22 Half-Moon 300 110 26 Happy Entrance 200 100 20 Hector 150 90 20 Hound       Lizard 100 170 16 Milford 262 115 22 Mermaid 287 110 22 Norwich 258 110 22 Nightingale 300 110 22 Oxford 240 105 22 Constant Warwick   80 22 Pearl 285 110 22 Pembroke 210 110 22 Paul 240 95 22 Richmond 235 110 22 Rosebush 300 100 24 Success Frigat 230 115 24 Speedwell 200 100 20 Sorlings 250 110 22 Success 380 130 34 Satisfaction 220 110 26 Saphire 300 100 26 Westergat 300 100 26 Sixth Rate       Bramble 120 70 14 Blackmore 90 50 12 Carnation 100 60 12 Chesnut 90 45 10 Cag-way 60 40 8 Cignet 60 40 6 Drake 146 70 12 Dolphin 50 25 4 Diver Smack       Eaglet 60 40 8 Fox 120 70 14 Francis 90 50 10 Griffin 90 50 12 Gift 120 70 12 Hind 60 40 8 Hawk 60 40 8 Harp 60 40 6 Hart       Hunter 50 30 6 Henrietta Pinnace 65 25 6 Kingsale 90 50 10 Lark 80 50 10 Lilly 60 40 6 Martin 130 70 12 Mary 120 60 12 Marygold Hoy       Nonsuch Catch 60 40 8 Minion       Paradox 127 70 12 Pearl Brigant 50 25 4 Roe 60 40 8 Rose 60 40 6 Sparrow 90 60 12 Swallow 60 40 6 True Love 100 60 12 Vulture 100 60 12 Weymouth 120 70 11 Wolf 120 70 16 Besides the above mentioned Vessels there was the New Gally the Eagle Stork Violet Ostridge Church and Elias in all 160 sail During the late War with the United Netherlands France and Denmark some of these forementioned Vessels were lost and since the Peace concluded many have been new built even this present year four Ships of the first Rate and three of the third Rate have been to his Majesties great expences built and perfectly finished or will be in a short time Those new built Ships of the first Rate are the Royal James Prince St. Andrew London All his Majesties Maritime Forces are under the Command of the Lord High Admiral of England touching whose Name Titles Power Priviledges c. See the first part The Lord Admiral hath under him many Officers of high and low condition some at Sea others at Land some of a Military some of a Civil capacity some Judicial others Ministerial so that the Dominion and Jurisdiction of the Sea may justly be stiled another Commonwealth or Kingdom apart In Mari sunt Regna distincta idque Jure Gentium sicut in arida terra saith Baldus that learned Oracle of the Civil Law And the Lord High Admiral of England may fitly be stiled or at least reputed as a Vice-Roy of the Maritime Kingdom of England The Vice-Admiral of England is an Officer to whom next under the High-Admiral it belongs to see the Royal Navy kept in good repair the wages of Mariners and Ship-wrights duly paid and the Ships provided of all things necessary for any Expedition The Lord High-Admiral of England doth by virtue of his place appoint in divers parts of the Kingdom his several Vice-Admirals with their Judges and Marshals by Patent under the Great Seal of the High Court of Admiralty These Vice-Admirals and Judges do exercise Jurisdiction in Maritime affairs within their several limits and in case any person is agrieved by any Sentence or Interlocutory Decree that hath the force of a definitive Sentence he may appeal to the High Court of Admiralty The present Vice-Admirals of the several Coasts of England with their Judges are these that follow in Alphabetical order Bristol City Sir Thomas Bridges Vice-Admiral Cheshire and Lancashire the Earl of Derby Vice-Admiral Sir Tim. Baldwin Kt. Dr. of Laws Judge Cornwall South parts Trelawny Vice-Admiral Cornwall North parts Sir John Godolphin V. Admiral Mr. Scawen Judge Cumberland Earl of Carlile V. Admiral Durham Earl of Carlile V. Admiral Devonshire John Vowel Esq V. Admiral Dr. Masters Judge Dorsetshire Bullen Reyms Esq Essex Sir John Bramston V. Admiral Sir Mundiford Bramston Judge Glocester Thomas Cheston Esq V. Adm. Kent Duke of Richmond V. Adm. Lincoln Lord Castleton V. Adm. Newcastle Earl of Carlile V. Adm. Norfolk Lord Townsend V. Adm. Sir Justinian Lewen Kt. Dr. of Laws Judge Northumberland Earl of Carlile V. Adm. Somersetshire Sir Thomas Bridges V. Admiral Sussex Sir John Pelham V. Adm. Dr. Low Judge Suffolk Sir Henry Felton V. Adm. Dr. Clark Judge Southampton and Isle of Wight Sir Robert Holms V. Adm. Dr. Lloyd Judge Wales North parts Col. John Robinson V. Adm. Mr. Walter Mansel Judge York Earl of Mulgrave V. Adm. For handling of Maritime Affairs the Lord High Admiral hath Courts of his own whereof that at London is the principal or supreme where all Process and Proceedings run in his name and not in the Kings as it doth in all Common-Law Courts in this Court usually call'd the Court of Admiralty he hath a Lieutenant called Judge of the Admiralty who is commonly some learned Dr. of the Civil Law and is at present Doctor Jenkins lately knighted for his great worth and now called Sir Lionel Jenkins The Proceeding in this Court in all Civil Matters is according to the Civil Law because the Sea is without the limits of the Common-Law but under the Admirals Jurisdiction therefore the Civil Law onely all Common Law secluded is made use of and by Libel they proceed to the Action the Plaintiff giving Caution to prosecute the Sute and to pay what shall be judged against him if he fail in the Sute the Defendant on the contrary securing the Plaintiff by sufficient surety or caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratifie and allow all that his Proctor shall do in his name whereby the Clients are well assured to obtain that which by Law shall be adjudged to them let the Cause fall on which side soever In the Admiralty Court of England use is made not onely of the Civil Laws but the Laws of Rhodes and Oleron whereof the former is an Island in the Mediterranean Sea about twenty miles distant from the Continent of Asia Minor and is now under the Turk the antient Inhabitants whereof by their mighty Trade and Power at Sea grew so expert in the Regulation of all Maritime Matters and Differences and their Determinations therein were esteemed so just and equitable that their Laws in such affairs have ever since been observed for Oracles Those Laws were long ago incorporated into the Volumes of the Civil Law And the Romans who gave Laws to other
Nations and excelled all Nations in making of good Lawes yet for their Sea-affairs referred all Debates and Controversies to the Judgement of these Rhodian Lawes Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitane not far from the Mouth of the Garonne where our famous Warriour King Richard the First caused to be compiled such excellent Laws for Sea matters that in the Ocean Sea Westward they had almost as much repute as the Rhodian Laws in the Mediterranean and these Lawes were called La Rool d' Oleron King Edward the Third who first erected this Court of Admiralty as some hold made at Quinborough 1375. very excellent Constitutions concerning Maritime affairs and many Statutes and Ordinances have been made by other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and Messina yet that fragment of the Rhodian Law still extant with the Comments thereon by the old Jurisconsults inserted in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still holds the Preeminence The Customes and former Decrees of the English Court of Admiralty are there of force for deciding of Controversies Under this Court there is also a Court of Equity for determining differences between Merchants In Criminal affairs which is commonly about Piracy the proceeding in this Court was by Accusation and Information according to the Civil Law by a mans own confession or eye-witnesses found gulty before he could be condemned but that being found inconvenient there were two Statutes made by H. VIII that Criminal affairs should be tried by Witnesses and a Jury and this by special Commission of the King to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes Between the Common Law of England and the Admiralty there seems to be Divisum Imperium for in the Sea so far as the Low-water Mark is observed that is counted Infra Corpus Comitatus adjacentis and Causes thence arising are determinable by the Common-Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between the Low-water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For regulating and ordering His Majesties Navies Ships of War and Forces by Sea See those excellent Articles and Orders in Stat. 13 Car. 2. c. 9. Of the Navy Office where the whole business concerning the Kings Vessels of War is managed FIrst There is the Treasurer of the Navy the Earl of Anglesy whose Office is to receive out of the Exchequer by Warrant from the Lord Treasurer of England and to pay all charges of the Navy by Warrant from the principal Officers of the Navy for which he hath salary 220 l. 13 s. 4 d. besides 3 d. in the pound of all moneys paid by him This Office is executed pro tempore by Sir Thomas Osburn and Sir Thomas Littleton for which there are allowed to each fifteen hundred pounds per annum Next the Controller of the Navy Sir John Mennes whose Office is to attend and controll all payments of wages to know the Market rates of all stores belonging to shipping to examine and audit Treasurers Victuallers and Store-keepers Accounts c. his Salary is 500 l. yearly This Office is executed at present by the Lord Vicount Brounker the forementioned Sir John Mennes and Sir Jeremy Smith together Surveyor of the Navy Collonel Thomas Middleton whose Office is generally to know the state of all stores and see the wants supplyed to find the Hulls Masts Yards and estimate the value of repairs by Indentures to charge all Boatswains and Carpenters of His Majesties Navy with what stores they receive and at the end of each voyage to state and audit their Accounts his Salary is 490 l. Clerk of the Acts Samuel Pepys Esquire whose Office is to record all Orders Contracts Bills Warrants and other businesses transacted by the Principal Officers and Commissioners of the Navy c. Next the Commissioners of the Navy viz. the forementioned Lord Brounker and Sir Jeremy Smith whose Office is as above specified and Salary to each 500 l. yearly Two other Commissioners John Tippets And John Cox Esquires whose particular work is to be at Portsmouth and Chatham alwayes in readiness to give Orders for the better management of His Majesties affairs in his Yards or Store-Houses there Salary to each is 350 l. yearly Each of these Officers above named have two Clerks and some of them more all payd by the Treasurer of the Navy all hold their Places by Patent from the King and the most of them during Pleasure The King hath for his Navy Royal and Stores 4 great Yards or Store-houses viz. at Chatham Deptford Woollwich and Portsmouth where his ships are built repaired and laid up after their voyages In which Yards are employed divers Officers whereof there are six Principal whose Office Names and Salaries follow   Chat. Dep. Wool Port. Clerk of the Check 181 108 98 126 Store-keeper 236 164 128 119 Master attendant 2 at Chatham 200 100 100 108 Master ship-wright 103 113   130 Clerk of the Controll 100 120 80 80 Clerk of the Survey 140 102   84 Note that the charges of their Clerks and Instruments are included in the aforementioned Salaries Besides these four Yards His Majesty hath divers Rope Yards as at Chatham Woolwich and Portsmouth where are made all His Cables and Cordage for His Navy Also in time of a Sea-war the King hath another Yard at Harwich where there is out of War time continued an Officer at the charges of 100 l. yearly Yearly Pensions allowed by the King to to his Flag-Officers whilst they are at Land of Employment Two Admirals   salaries   l. Sir George Askew 250 Sir Thomas Allen 245 Three Vice-Admirals Sir Joseph Jordan 200 Sir Edward Sprag 250 Sir John Herman 200 Three Rere-Admirals   l. Riches U●bert 150 Sir John Kempthorn 150 John Hubbert 150 All the Fore-mentioned Officers and the whole Navy Office are governed by the Lord High Admiral of England whose Lie●tenant Admiral is the Earl of Sandwich Salary 20 s. per diem and 10 s. per mens for each servant whereof he is allowed 16. Lord Adm. Secretary is Matthew Wren Esquire his Salary from the King is 500 l. yearly All the other under Officers as well those in the several Yards as those belonging to any of His Majesties ships hold their places by Warrant from the Lord High Admiral durante bene placito The ordinary yearly Charge of His Majesties Navy in times of Peace continuing in Harbour is so well regulated that it amounts to scarce 70000 l. besides all charges of building of ships c. or setting forth any Fleets which some years even in peaceable times amounts to 12 or 1300000 l. more as may easily be
following are a few heads or particulars of them viz. The Leagues of foreign Princes and the Treaties with them And all the Atchievements of this Nation in France and other Foreign Parts The Original of all the Laws that have been Enacted or Recorded until the Reign oi Richard the Third The Homage and Dependency of Scotland upon England The Establishment of Ireland in Laws and Dominions The Dominion of the British Seas totally excluding both the French and Hollander to Fish therein without Licence from England proved by Records before the Conquest The Interest of the Isle of Man and the Isles of Jersey Gernsey Sark and Alderny which four last are the remaining part of the Norman possession The Title to the Realm of France and how obtained And all that the Kings or Princes of this Land have until that time done abroad or granted or confirmed unto their Subjects at home or abroad Tenures of all the Lands in England Extents or Surveys of Mannors and Lands Inquisitions post mortem being of infinite advantage upon tryals of Interest or Descent Liberties and Priviledges granted to Cities and Towns Corporate or to private Men as Court-Leets Waiffs Estrays Mercats Fairs Free warren Felons Goods or what else could come to the Crown or pass out of it Several Writs Pleadings and Proceedings as well in Chancery as in all the Courts of Common Law and Exchequer Inspeximus's and Inrolments of Charters and Deeds made and done before the Conquest Deeds and Contracts between party and party and the just establishment of all the Offices in the Nation The Metes and Bounds of all the Forests in England with the several respective Rights of the Inhabitants therein to Common of Pasture c. Besides many other Priviledges and Evidences which are too long to be here repeated or inserted And are therefore in the Petition of the Commons of England in Parliament An. 46 Edw. 3. num 43. said to be the perpetual Evidence of every Mans right and the Records of this Nation without which no story of the Nation can be written or proved These Records are reposited within a certain Place or Tower called Wakefield Tower adjoyning to the Bloody Tower near Traytors Gate There is another place called Julius Caesars Chappel in the White Tower The going up to this Chappel is in Gold Harbor Eighty four Steps up with Six or eight great Pillars on each side and at the upper end thereof there was a Marble Altar which in the late times of Rebellion was caused to be beaten down as a Monument of Tyranny and Superstition There are many Cart load of Records lying in this place out of which William Prynne Esquire late Keeper of the same with indefatigable labor Collected and Printed many of Publick Utility Annis 1659 1660 1662 1664. in Four several Volumes beginning Primo Regis Johannis for before that time there are no Rolls but onely Chartae Antiquae or Ancient Transcripts made and done before and since the Conquest until the beginning of King John Then follows His Son Henry the Third where the first Offices Post Mortem begins Then there is Edward the First Second and Third Richard the Second Henry the Fourth Henry the Fifth Henry the Sixth and Edward the Fourth and the Inquisitions Post Mortem of Richard the Third who reigned onely Three years The Rolls of that King are in the Chappel of the Rolls in Chancery Lane The Rolls in the Tower are variously distinguished viz. Rotuli Patentium Cartarum Parliamentorum Clausarum finium Scotiae Vasconiae Franciae Hiberniae Walliae Normanniae Alemanniae Oblatae Liberatae Extractae Perambulationes Forestae Scutag Rotul Marescal Romae de Treugis Chart. Patent fact in partibus transmarinis Patent de Domibus Judaeorum Protection de Perdonation c. Stapulae cum multis aliis which are lately depicted upon the outside of every Press in the Repository belonging to each Kings Reign and very easily to be brought forth for the use of the Client By a Table of Orders hanging up in the said Office and subscribed by the Keeper hereof The same is to be kept open and constantly attended for all Resorters thereto from the hours of Seven till eleven of the Clock in the Morning and from One till five in the Afternoon every day of the week except in the Moneths of December January and February and in them from Eight till eleven in the morning and from One to four in the Afternoon except on Holidays Publick Fasting and Thanksgiving days and times of great Pestilence The Governor of this great and important Fortress being called The Lieutenant of the Tower is usually a Person of great worth and fidelity who is Virtute Officii to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex He is High Steward of a Court there held hath a Deputy and may refuse an Habeas Corpus may give Protection to all Debtors belonging to the Tower Infra Regnum Angliae Hath the Priviledge to take Unam lagenam Two Gallons and a Pint Ant● malum retro of all Wine Ships that come and to be as some hold Custos Rotulorum of the County of Middlesex His Salary is 200 l. per annum His usual Fee for every Prisoner sent to the Tower who are commonly Men of Estates is 20 l. and 3 l a week for an Esquire and 5 l. for a Knight For a Baron or above 50 l. at entrance to whom the King allows weekly 10 l. whereof two parts go to the Prisoner the third to the Lieutenant for Lodgings and Diet and 50 l. to the Lieutenant upon the Prisoners discharge The present Lieutenant of the Tower is Sir John Robinson Baronet The Gentleman Porter of the Tower holds his place by Patent and at the entrance of a Prisoner hath for his Fee Vestimenta superiora or else a Composition for the same The Gentleman Jaylor is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman and 5 l. of a Knight Then there are Forty Warders of the Tower accounted the Kings Domestick Servants and sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Check The Moneys allowed by the King to the several Officers and Servants in the Tower and for keeping in repair that huge structure amounts to a vast sum Near the Tower is S. Katherines which hath a Royal Jurisdiction for the Ecclesiastical Causes and Probate of Wills and belongeth to the Queen Dr. Bud is Commissary from whom if any will appeal it must be to the King in His Court of Chancery who thereupon issueth out a Commission under the Great Seal as in Appeals from the Arches or Prerogative The next thing remarkable in the City of London may be the Bridge which for admirable Workmanship for vastness of Foundation for all Dimensions and for the solid stately Houses and rich Shops built thereon surpasseth all others in Europe it hath Nineteen