but for avoiding of tumults and trouble it was enacted by H. VI. that none should have any suffrage in the election of Knights of the Shire but such as were Freeholders did reside in the County and had yearly Revenue 40 s. which till the discovery of the Gold and Silver in America was as much as 30 or 40 l. now whence it came to pass that the Lay-Commons were then elected as the Clergy-Commons the Procuratores Cleri were and ever have been viz. sine Prece sine Pretio sine Poculo c. The persons elected for each County are to be Milites Notabiles or at least Esquires or Gentlemen fit to be made Knights as it is in the Statutes of H. VI. They ought to be de discretioribus Militibus ad laborandum potentioribus as the words in some Writs have been they ought not to be of younger years for then it would be Juvenaâ—us si sic loqui liceat potiús quam Senatus not lazy Epicures but men of years vigorous active and abstemious men that will be content to give their constant attendance in Parliament or else to enjoy neither Priviledge nor Expences allowed to every Member of the Commons House They ought to be native English men or at least such as have been Naturalized by Act of of Parliament No Alien or Denizon none of the Twelve Judges no Sheriff of a County no Ecclesiastical person that hath cure of souls may be chosen a Parliament man to serve for any County City or Burrough Two things are said to be requisite to the legality of sitting in Parliament first that a man should be of full age that is 21 years old at the least for if no man under that age can dispose of his Estate nor make one legal Act to that purpose then much less may he bear any part in the supreme power of the Nation to Judge Vote or Dispose of the Estate of the whole Realm yet the practice in the House of Commons though never in the House of Lords hath sometimes been otherwise All Members of Parliament both Lords and Commons that they may attend the publick Service of their Countrey are priviledged with their menial Servants attending on their persons together with all their necessary Goods brought along with them from all Attachments and Imprisonments for Debts Trespasses Account or Covenant all the time that they are on the way to the place of Parliament all the time they are at Parliament and all the time they are on the way home again Eundo Morando ad propria redeundo for so were the old words but they are not priviledged from Arrests for Treason Felony or breach of the peace The place of meeting for the High and Honourable Assembly is in whatsoever City Town or House the King pleaseth but of latter times it hath been usually held at the Kings antient Palace and usual Residence at Westminster all the Lords in a fair Room by themselves and the Commons not far from them in another fair Room which was heretofore the antient free Chappel of S. Stephen The manner of sitting in the Lords House is thus The King as oft as he comes which hath usually been only at the opening of Parliaments or at the passing of Bills or at some solemn debates as the present King hath frequently done is placed at the upper end of the room in a Chair of State under a Cloth of State under which on either hand none but the Kings Children On the Kings right hand is a seat antiently for the King of Scotland when he was summoned to Parliament as he sometimes was in side legiantia but now it is for the Prince of Wales On the Kings left hand is a Seat for the Duke of York On the Kings right hand and next the wall are placed on a Form the two Archbishops next below on another Form the Bishops of London Durham and Winchester all the rest of the Bishops sit according to the priority of their Consecration On the Kings left hand upon Forms are placed the Lords Chancellor Treasurer President of the Kings Council and Lord Privy Seal if they are Barons above all Dukes except those of the Royal Family if they are not Barons then they sit uppermost on the Woolsacks On the same side sit the Dukes Marquisses and Earls according to their Creations Upon the first Form a cross the House below the Woolsacks sit the Viscounts and upon the next Forms the Barons all in Order The Lord Chancellor or Keeper if the King be present stands behind the Cloth of Estate otherwise sits on the first Woolsack thwart the Chair of State his Great Seal and Mace by him He is Lord Speaker of the Lords House Upon other Woolsacks sit the Judges the Privy Counsellors and Secretaries of State the Kings Council at Law the Masters of Chancery Thâ—se being not Barons have no suffrage in Parliament onely sit to give their advice when it is required The reason why these Sages are placed upon Woolsacks may probably be to mind them of the great importance of Wooll and Sheep to the Nation that it-never be neglected On the lowermost Woolsack are placed the Clerk of the Crown now Henry Barker Esquire and Clerk of the Parliament at present John Brown Esquire whereof the former is concerned in all Writs of Parliament and Pardons in Parliament the other recordeth all things done in Parliament and keepeth the Records of the same This Clerk hath also two Clerks under him who kneel behind the same Woolsack and write thereon Without the Bar of the Lords House sits the Kings first Gentleman Usher called the Black Rod from a black sttaff he carries in his hand under whom is a Yeoman Usher that waits at the door within a Cryer without and a Sergeant at Mace always attending the Lord Keeper When the King is present with his Crown on his head none of the Lords are covered The Judges stand till the King gives them leave to sit When the King is absent the Lords at their entrance do reverence to the Chair of State as is or should be done by all that enter into the Kings Presence-Chamber The Judges then may sit but may not be covered till the Chancellor or Keeper signify unto them the leave of the Lords The Kings Council and Masters of Chancery sit also but may not be covered at all The Commons in their House sit promiscuously onely the Speaker hath a Chair placed in the middle and the Clerk of that House near him at the Table They never had any Robes as the Lords ever had but wear every one what he fancieth most which to strangers seems very unbecoming the Gravity and Authority of the Great Council of England and that during their attendance on Parliament a Robe or grave vestment would as well become the Honourable Members of the House of Commons as it doth all the Noble Venetians both young and old who have right to sit in the Great Council
be spared because it intimates a distinct interest between the King and His Subjects which is not onely false but very dangerous to be allowed of The King is Pater patriae the Money given to him is for our use and benefit if we are niggardly to him we injure ourselves c. The Bill for the Kings general Pardon hath but one reading in either House for this reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same reason When the Bill for the general Pardon is passed by the King the Answer is thus les Prelats Signeurs communes en ce Parlament assemblez au nom de tous vos autres sujets remercient tres humblement vostre Majeste prient Dieu vous donner en sante bonne vie longue All Acts of Parliament before the Reign of Henry 7. were passed and enrolled in French now in Engliâ—h Most of our antient Acts of Parliament run in this stile The King at the humble request of the Commons with the assent of the Prelates Dukes Earles and Barons hath ordained or enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth enact of later times it hath been thus Be it enacted by the Kings most excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and of the Commons although the words of the Writ for summoning the Commons which ought to be the main rule is onely ad Consentiendum and not ad Consilium impendendum as it is in the Writ to the Lords and it is evident that the Commons in the late long Parliament made that an advantage for justifying their usurpations against the King in that point and so in another Parliament the Commons endeavoured to maintain that the Concurrence of the Lords was not always necessary in an Act of Parliament because 1 Edward 6. cap. 5. in passing that Act against transportation of Horses the Lords were casually omitted yet by the Register of the Lords House it appears that that Bill began first in the Lords House and there passed before the Commons took it in debate and therefore the Kings Council at Law is very curious in wording rightly all Acts before they are brought to the King and the Clerks of the Parliament as carefull in transcribing and registring them However it is to be wished that to prevent future mischief to this Nation some clauses in the late Act of Oblivion and Indemnity might be amended or at least explained and more especially about the beginning of that Act these words That all manner of Treasons c. since January 1637. and before June 1660. by vertue of any Authority from His late Majesty King Charles or His Majesty that now is be pardoned c. which words might possibly be foisted in designedly to insinuate as if according to that most absurd and Traiterous position of some of the Rebellious Members of the Long Parliament the Kings person or any commissionated by him could be guilty of Treason against the Kings Authority or against His two Houses of Parliament by pursuing of Rebels to bring them to Justice according to the Laws of the Land It were also to be desired that to prevent the great dishonour of making additional and explanatory Acts of Parliament so frequently as hath of late been done all considerable Bills of Publick concernment once read in either House of Parliament may before they be passed be exposed to the view of all comers as antiently among the Romans was usual to the end that any other person besides those of the two Houses may within the space of certain days freely propose in Writing or otherwise his exceptions additions alterations or amendments Sed haec obiter When those things for which the Parliament was summoned have been sufficiently treated and brought to a conclusion then the King doth usually adjourn prorogue or dissolve the Parliament in maner following The adjournments are usually made in the Lords House by the Lord Keeper in the Kings Name to what other day the King pleaseth and also to what other place if he think fit to remove them as sometimes hath been done and then all things already debated and read in one or both Houses continue to the next meeting in the same state they were in before the adjournment and so may be resumed In the like maner the Parliament is Prorogued but by a Prorogation there is a Session and then the Bills that were almost ready in both Houses for the Royal Assent not having it must at the reassembling of the Parliament begin anew The Speaker of the House of Commons upon notice given that it is the Kings pleasure that House shall also adjourn doth say with the assent of the House This House is adjourned When the Kings pleasure is to prorogue or dissolve the Parliament His Majesty commonly cometh in person with His Crown on his Head sendeth for all the House of Commons to come to the Bar of the Lords House and after the Kings answer to each Bill signified as aforementioned His Majesty usually makes a Solemn Speech the Lord Keeper another and the Speaker of the House of Commons a third then the Lord Keeper by the special command of the King doth pronounce the Parliament prorogued or dissolved Note That the King being head of the Parliament if his death doth happen during the sitting of the Parliament it is ipso facto dissolved Antiently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intended that every one hath notice by his representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside The Number of Persons that have have Place and Suffrage in both Houses To the Lords House belong 3 Dukes of the Royal Blood though one be infra aetatem 7 other Dukes 3 Marquises 56 Earls 9 Vicounts and 67 Barons in all 154. Then there are two Archbishops and 24 Bishops so that the Total is 180. But many being under age some sick and infirm others abroad in the Kings Service the ordinary number is about 100. To the House of Commons belong first for the 40 Shires of England two for each in all 80 Knights then one for each of the twelve Counties of Wales 12 Knights For 25 Cities in England two to each and London four in all 52 Citizens For the Cinque Ports 16 Barons for the two Universities two Burgesses for each For 168 Burroughs there are about 330 Burgesses for some few of those Burroughs send but one Burgess apiece Lastly in each of the 12 Counties of Wales there is one Burrough that sends only one Burgess so the total Number of the House of
hand is an Officer who ingrosseth Fines acknowledged c. He holdeth his Place also by Patent and is at present Mr. Sparks in trust for Sir William Drake who doth execute it by a Deputy Mr. Wayt. All these Officers aforementioned sit in the Court covered with black round knit Caps according to the mode immediately before the invention of Hats which was since the beginning of the Reign of Queen Elizabeth Moreover they are all sworn and have their Offices for life as a Freehold There are in this Court 3 Officers unsworn and hold their Places durante bene placito One Clerk of the Treasury Mr. George Ingram who hath the charge of keeping the Records of this Court and makes out all Records of Nisi Prius and divers other things This Office is in the Gift of the Lord Chief Justice 2. Clerk of the Inrolements of Fines and Recoveries who is by Statute under the three puisne Judges of this Court and removeable at their pleasure Note that the Inrolement of Fines and Recoveries or any part thereof by Stat 23 Eliz. cap. 3. is of as good force and validity in Law to all intents and purposes for so much of any of them so inrolled as the same being extant and remaining were or ought by Law to be The general neglect whereof in this Kingdom hath occasioned many Law Suits and hath proved in process of time exceeding dangerous to many mens Estates 3. The Clerk of the Outlawries Mr. Annuel who makes out the Writs of Capias Utlagatum after the Outlawry in the name of the Kings Atturney whose Deputy he is pro tempore There are five Clerks more 1. Clerk of the Kings Silver Henry Nurse Esquire unto whom every Fine or Final Agreement in sale of Lands is brought after it hath been with the Custos Brevium and to whom Money is paid for the Kings use 2. Clerk of the Warrants Mr· Thomas Brown executed by a Deputy Mr. James Mayo who entreth all Warrants of Atturney for Plaintiff and Defendant 3. Clerk of the Juries Mr. John Green who makes out the Writs called Habeas Corpora and Distringas for appearance of the Jury either in this Court or at the Assises in the Country 4. Clerk of the Essoins or Excuses for lawful cause of absence Mr. Townley 5. Clerk of the Super sedeas Mr. Abbot which is held by Patent but before King James time made by the Exchequer In this Court are also Filazers for the several Counties of England so called from the French Fil a Thred because they file their Writs These make out all Process upon Original Writs and do many other things too long to be here set down of these there are 14. viz. Fabian Philips Esquire who hath London Middlesex Huntington and Cambridge Shires The rest of the Counties are divided amongst these that follow Sir Roger Hill Henry Dutton Spicer Grey Fr. Hill Robert Child Charles Clare Sir Thomas Stringer Thomas Child Bennet Mark Hildesley Herbert Matthews and Hughes who is Protonatory Filazer and Exigenter of Monmouth by Patent the rest in the Gift of the Lord Chief Justice and hold for life There are also four Exigenters whose Office it is to make all Exigents and Proclamations in all Actions where process of Outlawry doth lye This Writ is called an Exigent because it exacteth the Party that is requireth his appearance to answer the Law and lies against a Transgressor of the Law that cannot be found nor any of his Goods within the County so that after summons by the Sheriff at five several County Courts if he appear not he is outlawed The four Exigenters at present are William Petty John Dawling Charles Clare and Silvester Petty all in the Gift of the Lord Chief Justice and are for life There are also belonging to this Court four Cryers and a Porter Of the Court called the Exchequer THe next Court for Execution of Laws is that called the Exchequer so called as some think from a Chequer-wrought Carpet covering the great Table in that Court as the Court of Green Cloth in the Kings house is so called from the Green Carpet or else from the French word Eschequier a Chess board because the Accomptants in that Office were wont to use such Boards in their Calculation Here are tryed all causes which belong to the Kings Treasury or Revenue as touching Accounts Disbursements Customs and all Fines imposed upon any man In this Court may sit the Lord Treasurer the Chancellor of the Exchequer the Lord Chief Baron and four other Learned Judges called Barons of the Exchequer and one other Cursitor Baron but the two first seldom sit and the five last Seldom fail The first of these five is the Principal Judge of this Court and answers the Bar or the Baristers who direct their Speech to him takes Recognizances for the Kings Debts c. It is an Office of High Honour and Profit he is styled Lord Chief Baron is Created by Letters Patents to hold this Dignity Quam dieu bene se gesserit wherein he hath a more fixed estate then the Chief Justices of either Bench for the Law intends this an Estate for Life in the absence of the Lord Chief Baron the other three Barons supply his place according to their Seniority but the fifth is said to be a Cursitor of the Court and administers the Oaths to the Sheriffs Under-Sheriffs Baylifs Searchers Surveyors c. of the Custom-house In the Exchequer are held two Courts one of Law another of Equity All Judicial Proceedings according to Law are coram Baronibus but the Court of Equity held in the Exchequer Chamber is coram Thesaurario Cancellario Baronibus This Court had its beginning primo Ph. Mar. The Authority of this Court is of original jurisdiction without any Commission Note also that all the other forementioned Courts were not Instituted by any Statute or written Law but have their Original from the antient Custom of the Kingdom For a long time after the Conquest there sat in the Exchequer both Spiritual and Temporal Barons of the Realm and in later times there sate in their places others that were not Peers of the Realm yet stiled Barons quia ibi sedere solebant Barones All the Twelve Judges belonging to these High Tribunals sit in Robes and Square Caps like those Doctors of Divinity because as some say they were antiently most commonly Clergy-men and Doctors Bishops or Prelates A List of the several Officers belonging to His Majesties Court of Exchequer In the Vpper Exchequer THe Kings Remembrancer Thomas Lord Vicount Fanshaw in whose Office are 8 sworn Clerks whereof John Payn and Thomas Hall Esquires at present are the two Secondaries the rest are Ansel Beaumont Hugh Frankland Butler Buggin George Wats Nicholas Sanders c. In this Office pass all the Accounts concerning the Kings Revenue for Customs Excise Hearth-money Subsidies and all Ayds granted to the King in Parliament and all other Accounts of what nature soever
from his Parents all his life time after Besides these there are of late Grammar Schools founded and endowed in almost every Market Town of England wherein the children of the Town are onely to be taught gratis without any other allowance But in the multiplying of these Schools it may be doubted whether there appeared not more Zeal then Prudence for the Parents of such School-boys not able to advance them to the Universities all the rest besides Reading and Writing becomes useless and the Youths by Eight or ten years lazy living rendred unapt for the labor belonging to the more profitable Plough and divers Manufactures usually turn either Serving-men or Clerks to Justices or Lawyers whereby they learn much Chicanery they become cunning Petty-foggers multiply Law-sutes and cozen their Countrey or if perhaps they are set to Trades that little smattering in Learning got at the Grammar School renders them commonly proud stiff-necked self-conceited unapt to be governed apt to embrace every new Doctrine Heresie Schism Sect and Faction Or in case their Parents are able to put them to the University yet for want of sufficient maintenance and residence there they get onely to be half-learned and thereby a propensity to Preach Faction Sedition and Rebellion to seduce those that are more ignorant then themselves as was evident in our late unhappy troubles where it was observed that the Seducers were generally such as had been from those Market Latin Schools advanced to be either Commoners or Servitors for a short time in the University and the seduced ordinarily such as from those Schools became afterward Shop-keepers or Petty-foggers If such had been endowed with more or perhaps with less knowledge they had probably been much more humble loyal and obedient to their Governors both Civil and Ecclesiastical and therefore the late King of Spain consulting with his ablest Counsellors of State for a general Reformation of Matters that were found by experience to be inconvenient and prejudicial to His Kingdoms after mature deliberation came to this resolution That amongst other abuses the great number of Countrey Grammar Schools should by a solemn Prematica or Ordnance be diminished and the childrens time better employed at Manufactures Trades Husbandry c. Besides upon serious consideration it will be found that England is over-stocked with Scholars for the proportion of its Preferments and for its employments for Lettered Persons whereby it comes to pass that too many live discontented and longing for Innovations and Changes and watching for an opportunity to alter the Government both of Church and State This following List was provided to be inserted after the account of the standing Militia of England A List of the present Lords Lieutenants of the several Counties and Places of England in Alphabetical Order BEdford Earl of Alisbury Berks Lord Lovelace Bristol Duke of Ormond Bucks Earl of Bridgwater Cambridge Earl of Suffolk Cheshire Earl of Derby Cornwall Earl of Bath Cumberland Earl of Carlisle Derby Earl of Devonshire Devon Duke of Albemarle Dorset Duke of Richmond Durham Bishop of Durham Essex Earl of Oxford Glocester Marquess of Worcester Hereford Marquess of Worcester Hertford Earl of Essex Huntingdon Earl of Sandwich Kent Duke of Richmond Lancaster Earl of Derby Leicester Earl of Rutland Lincoln Earl of Lindsey Middlesex Earl of Craven Monmouth Marquess of Worcester Norfolk Lord Townsend Northampton Earl of Peterborough Northumberland Earl of Ogle Nottingham Duke of Newcastle Oxford Lord Say and Seal Purbeck Isle Sir Ralph Banks Rutland Viscount Camden Shropshire Lord Newport Southwark Borough Earl of Craven Somerset Duke of Ormond Southampton Lord St. John Stafford Lord Brook Suffolk Earl of Suffolk Surrey Lord Mordant Sussex Earl of Dorset Wales Earl of Carbery Warwick Earl of Northampton Westmerland Earl of Carlisle Wilts Earl of Essex Worcester Lord Windsor York East-Riding Lord Bellasis York West-Riding Duke of Buckingham THus the Reader hath had a small Map of a great Monarchy the most just and easie that ever any people lived under except onely those who lived in England before the late unparalleld Rebellion and many ways more happy then that which the great and good States-man Philip Comines so much admired in his days when he declared after he had much commended the Policy of the Venetian Commonwealth That amongst all the Seigneuries in the World England was the Countrey where the State was best ordered and where there was the least Violence and Oppression upon the People FINIS
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 Bâ—rbâ— 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 Hardâ—es Serj. at Law Sir Edward Masters Kt. City of Rochester Sir Francis Clerk Kt. Richard Heâ—d Esquire Borough of Maidstone Thomâ—s Heâ—lâ—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 Eâ—rl of Ancram Sir Jeofry â—hâ—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
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-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-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
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 Uâ—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 Lieâ—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
Sir William Hartop Kt. Sir John Prettyman Kt. and Bar. Lincoln George Vicount Castleton Sir Robert Car Kt. and Bar. City of Lincoln Sir Thomas Meres Kt. Sir John Mounson jun. Kt. of the Bath Borough of Boston Sir Anthony Irby Kt. Sir Philip Harcourt Kt. Borough of Great Grimsby Jervas Holles Esq Sir Frechevile Holles Kt. Town of Stamford Peregrin Bertue Esq William Montague Esq Borough of Grantham Sir John Newton Bar. Sir William Thorold Kt. and Bar. Middlesex Sir Lancelot Lake Kt. Sir Thomas Allen Kt. City of Westminster Sir Philip Warwick Kt. Sir Richard Everard Kt. London Sir John Frederick Kt. Sir William Thomson Kt. William Love Esq John Jones Esq Monmouth Sir Trevor Williams Bar. William Morgan Esq Borough of Monmouth Sir George Probert Kt. Norfolk Thomas Lord Richardson Sir Ralph Hâ—re Bar. City of Norwich Christopher Jâ—y Esq Francis Corey Esq Town of Lynn Regis Robert Wright Esq John Coke Esq Town of Great Yarmouth Sir William Coventry Kt. Sir William Doyly Kt and Bar. Borough of Thetford Sir Allan Apseley Kt. Joseph Williamson Esquire Borough of Castlerising Sir Robert Paston Kt. and Bar. Robert Steward Esquire Northamton Sir Justinian Isham Bar. George Clark Esquire City of Peterborough William Lord Fitzwilliams Sir Vere Fane Town of Northampton Lord O Bryon Sir William Farmer Town of Brackeley Sir Thomas Crew Kt Robert Spencer Esquire Borough of Higham Ferrers Sir Lewis Palmer Bar. Northumberland Henry Earl of Ogle Sir William Fenwick Bar. Town of Newcastle upon Time Sir Francis Anderson Kt. Sir John Marley Kt. Borough of Morpeth Sir George Downing Kt. and Bar. Edward Lord Morpeth Town of Berwick upon Twede Edward Gray Esquire Daniel Collingwood Esquire Nottingham Anthony Eyre Esquire Sir Francis Leeke Knight and Bar. Town of Nottingham Arthur Stanhop Esquire Robert Pierpoint Esquire Borough of Eastretford Sir William Hickman Bar. Sir Edward Deering Kt. Oxon. Sir Francis Wainman Kt. Sir Anthony Cope Knight and Bar. Vniversity of Oxon. Lawrence Hide Esquire Sir Henage Finch Kt. and Bar. His Majesties Atturney General City of Oxon. Robert Croke Esquire Brome Whorwood Esquire Borough of New-Woodstock Sir Thomas Spencer Bar Sir William Fleetwood Kt. Borough of Banbury Sir John Holeman Kt. Rutland Edward Noell Esquire Phillip Sherrard Esquire Salop. Sir Francis Lawley Bar. Richard Newport Esquire Town of Salop. Robert Leighton Esquire Thomas Jones Serjeant at Law Borough of Bruges alias Bridgenorth Sir William Whitmore Bar. Sir Thomas Whitmore Knight of the Bath Borough of Ludlow Sir Job Charleton His Majesties Serjeant at Law Somerset Fox Esquire Borough of Great Wenlock Sir Thomas Littleton Kt. George Weld Esquire Town of Bishops-Castle Edmond Waring Esquire William Oakeley Esquire Sommerset Edward Philips Esquire Sir Jo. Sydenham Bar. City of Bristol Sir John Knight Kt. Sir Humphrey Hook Kt. City of Bath Sir William Basset Kt. Sir Francis Popham Kt. and Bar. City of Wells Richard Lord Butler Earl of Arran Sir Maurice Berkley Kt. and Bar. Lord Fitzharding Borough of Taunton Sir William Portman Bar. Sir William Windham Kt. Borough of Bridgewater Edmond Windham Esquire Peregrine Palmer Esquire Borough of Minehead Sir Jo. Malet Kt. Sir Hugh Windham Kt. Borough of Ilcester Sir Edward Phillips jun. Kt. Henry Dunster Merchant Borough of Milborneport Francis Windham Esquire Michael Mallet Esquire Southampton Charles Lord St. John Sir John Norton Bar. City of Winchester Sir Rober Holmes Kt. Lawrence Hide Esquire Town of Southampton Sir Richard Ford Kt. Thomas Knowles Esquire Town of Portsmouth Richard Norton Esquire Sir George Carteret Kt. and Bar. Borough of Yarmouth Richard Lucy Esquire Edward Smith Esquire Borough of Peterfield Thomas Neal Esquire Arthur Bold Esquire Borough of Newport alias Medena Sir Robert Dillington William Glascock Esq Borough of Stockbridge Sir Robert Howard Kt. Robert Phillips Esquire Borough of Newtown Sir John Barrington Kt. and Bar. Sir Robert Worsley Kt. and Bar. Borough of Christchurch Humphry Weld Esquire Henry Tulse Esquire Borough of Whitchurch Henry Wallop Esquire Giles Hungerford Esquire Borough of Limmington Sir William Lewis Bar. Sir Nicholas Steward Bar. Town of Andover John Collins Esquire Sir John Trot Bar. Stafford Sir Edward Littleton Bar. Randolph Egerton Esquire City of Litchfield Richard Diot Esquire Sir Theophilus Bidolph Kt. and Bar. Borough of Stafford Robert Milward Esquire William Chetwinde Esquire Borough of Newcastel under Line Sir Caesar Colclough Bar. Edward Manwaring Esquire Borough of Tamworth Charles Lord Clifford John Swinfein Esquire Suffolke Sir Henry Felton Bar. Sir Henry North Bar. Borough of Ipswich John Wright Esquire William Bloise sen Esquire Borough of Dunwich William Wood Esquire Sir John Pettus Kt. Borough of Orford Sir Allen Broderick Knight Walter Devereux Esquire Borough of Aldborough Sir John Holland Bar. Jo. Bence Esquire Borough of Sudbury Sir Robert Cordel Bar. Thomas Walgrave Esquire Borough of Eye Sir George Reeve Kt. and Bar. Charles Cornwallis Esquire Borough of St. Edmonds-bury Sir John Duncomb Kt. Sir Edmond Pooley Kt. Surrey Sir Adam Brown Bar. Sir Edmond Bowyer Kt. Borough of Southwark Sir Thomas Bludworth Kt. Sir thomas Clarges Kt. Borouhg of Blechingly Sir William Hayward Kt. Sir Edward Bish Kt. Borough of Rygate Roger James Esquire Sir Edward Thurland Knight Borough of Guiltford Arthur Onslow Esquire Thomas De Mahoy Esquire Borough of Gatton Thomas Turgis Esquire Sir Nicolas Carew Kt. Borough of Haslemere George Evelyn Esquire Thomas Morrice Esquire Sussex Sir John Pelham Bar. Sir Will. Morley Kt. of the Bath City of Chichester Sir Henry Peckham Kt Serjeant at Law William Garaway Esquire Borough of Horsham Sir John Covert Kt. and Bar. Orlando Bridgman Esquire Borough of Midhurst Baptist May Esquire John Steward Esquire Borough of Lewis Sir John Stapely Kt. and Bar. Sir Thomas Woodcok Kt. Borough of New-Shoreham Edward Blaker Esquire Jo. Fag Esquire Borough of Bramber Sir Cicil Bishop Peircy Goring Esquire Borough of Steyning Sir John Fag Bar. Henry Goring Esq Borough of East Grimstead Charles Lord Buckhurst Sir George Courthop Kt. Borough of Arundel Roger Earl of Orrory Francis Lord Angier Warwick Sir Robert Holt Bar. Sir Henry Puckering alias Newton City of Coventry Sir Clement Fisher Bar. Richard Hopkins Esq Borough of Warwick Sir Francis Compton Kt. Foulk Grevile Esq Westmerland Sir Phillip Musgrave Bar. Sir Thomas Strickland Kt. Borough of Apulby Thomas Tufton Esq John Dalston Esq Wilts Henry Lord Cornbury Thomas Thin Esq City of New Sarum Sir Stephen Fox Kt. Richard Coleman Esq Borough of Wilton Sir John Birkenhead Kt. Sir Thomas Mompesson Kt. Borough of Downton Gilbert Rawleigh Esq Sir Joseph Ash Kt. Borough of Hindon Edward Seymor Esq Sir George Grubham How Bar. Borough of Westbury Richard Lewis Esq Thomas Wanklyn Esq Borough of Hetsbury John Jolliffe Esq William Ash Esq Borough of Calne William Ducket Esq George Low Esq Borough of the Devises Edward Lewis Esq George Johnson Borough of Chippenham Sir Edward Hungerford Kt. of the Bath Henry Baynton Esq Borough of Malmesbury Phillip Howard Esq Sir Edward Pool Kt.