the Dukes Marquesses and Earls according to their Creations Upon the first Form across 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 Secretaris of State the King's Council at Law the Masters of Chancery who being not Barons have no suffrage by Voâ—ce in Parliament but only sit as was said to give Advice when required The Reason of their sitting upon Woolsacks is thought to be to put them in mind of the Great Importance of our Woollen Manufactories which is the Grand Staple Commodity of England and so not to be by any means neglected On the Lowermost Woolsack are placed the Clerk of the Crown and Clerk of the Parliament whereof the former is concern'd 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 King 's first Gentleman Usher called the Black-Rod from a Black-staff he carries in his hand under whom is a Yeoman Usher that waits at the Door within a Cryer without and a Serjeant at Mace always attending the Lord Chancellor 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 King's Presence Chamber The Judges then may sit but may not be covered till the Chancellor or Keeper signifies unto them the leave of the Lords The King's Council and Masters of Chancery sit also but may not be covered at all The Commons in their House sit Promiscuously only 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 fancyeth most The time of Sitting in Parliament is on any day in the Morning or before Dinner When the day prefixt by the King in His Writs of Summons is come the KING usually in his Royal Robes with His Crown on His Head declares the cause of their being Assembled in a short Speech leaving the rest to the Lord Chancellor who then stands behind His MAJESTY the Commons in the mean time standing bare at the Bar of the Lords House who are Commanded to chuse then a Speaker which without the KING's Command they may not do whereupon they Return to their own House and choose one of their own Members whom they present on another Day to the KING and being approved of by His MAJESTY sitting in His Chair and all the Lords in their Scarlet Robes he makes a modest refusal which not allowed he Petitioneth His Majesty That the Commons may have during their Sitting 1. A free Access to His Majesty 2. A freedom of Speech in their own House 3. Freedom from Arrests Which the King Grants Before they enter upon Affairs all the Members of the House of Commons take the Oaths of Allegiance and Supremacy in the presence of an Officer appointed by the KING And since the Papists have been found by the Wisdom of the KING and Parliament to be Plotting and Contriving to introduce the pretended Supremacy of their Pope and inslave the Nation to their Tyrannical Anti-spiritual Jurisdiction by Horrid Projections Plots Intrigues c. to prevent any such from Voting in either House it was thought meet though no Oaths can bind such who profess the Impious Doctrine of Equivocation that all are to declare their Opinion against the Doctrines of Transubstantiation Invocation and Adoration of Saints the Sacrifice of the Mass which Test the Lords also are Obliged to take in their House before they can Sit and Debate upon any Affair The Lords House hath a power not only in Making and Repealing Laws but also in tractando Consilium impendendo that is in Treating and Counselling c. as the words of the Writ are also in Judging of Controversies Judging in the Arraignment of any Peer of the Realm putting Men to their Oaths especially in matters of Importance as the Corruption of Judges and Magistrates in Illegal proceeding in other Courts in Appeals from Decrees in Chancery No Papist is to Sit or have Suffrage in the Lords House The Lords in case of necessary or unavoidable absence may make their Proxies to Vote in their place after License obtained under the KING's Signet The Commons as was said have a power in Making and Repealing Laws they have a Negative Voice as the KING and Lords have for nothing can pass into a Law without the joint concurrence of the King and both Houses Bills for Levying of Mony upon the Subject begin in the House of Commons because the greater part of the same arises from them The Commons have a power to Supplicate and propose Laws and as before to Impeach publick Delinquents of the Highest Quality that are Subjects for they are the Grand Inquest of the Nation and are to present Publick Grievances to be Redressed and Delinquents to be punished To this end the Lords sit in their Robes on the Bench covered they Swear and Examine Witnesses and at last pass Sentence the Members of the House of Commons stand bare at the Bar of the Lords House produce Witnesses manage Evidences c. Though every Member of the House of Commons is chosen to Serve for one particular County City or Borough yet he Serves for the whole Kingdom and his Voice is equal to any other his power is absolute to consent or dissent They are to make it their special care to promote the good of that County City or Borough for which they Serve so as that no particular benefit may interfere with or be prejudicial to the Good of the whole Kingdom The Lords are to bear their own Charges because they Represent only themselves The Commons usually had their Reasonable expences In the 17 of Ed. II. they had Ten Groats for Knights and Five Groats for Burgesses a day and not long after Four s. a day for Dubbed Knights and Two s. for all others which in those days as appears by the Prices of all things was a considerable Sum above Twenty times more than it is now So that some decayed Boroughs finding the expence heavy Petitioned that they might not be obliged to send Burgesses to Parliament and so were Vnburgessed c. It is the Practice of each House to debate all publick Affairs relating to the general or
particular Welfare of the Kingdom or Subject And every Parliament may get a Bill drawn and give it to the Speaker or Clerk of the Parliament to be presented in convenient time Whatsoever is proposed for a Law is first put in Writing and called a Bill which being read in a full Assembly it is either unanimously rejected or else allowed to be Debated and then it is Committed to a certain Number of the House presently Nominated and called a Committee After it hath been Amended and twice Read two several Days in the House it is Ingrossed that is Written Fair in a Parchment and Read the Third time another day and then if in the Lords House the Chancellor or if in the House of Commons the Speaker demands if they will have it put to the question whether a Law or no Law If the Major part be for it there is Written on the Bill by the Clerk of the Lords House Soit baille aux Seigneurs or of the House of Commons Soit baille aux Communes retaining the Antient Custom which was to speak in French When the Speaker finds divers Bills prepared to be put to the Question he gives Notice the day beâ— before that to morrow he intends to put such Bills to the passing or third Reading and desires the special attendance of all the Members If a Bill be rejected it cannot be any more proposed during that Session All Bills sent by the Commons to the Lords House are usually attended to shew their respect with several of their Members and as they come up to the Lords Bar the Member that 's to present the Bill maketh three profound Reverences and delivers it to the Lord Chancellor who comes down to the Bar to receive it A Bill sent by the Lords to the Commons is usually by some of the Masters of Chancery or some other whose seat is on the Wool-sacks and by none of the Members who coming up to the Speaker bow thrice and deliver it to him after one of them hath read the Title and desired it might be taken into Consideration If it pass that House then is Written on it Les Communes ont assentez When any Member of the House of Commons speaks to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he Delivers be confuted by another yet he is not allowed to Answer again the same day lest the whole time should be spent in a Dispute between two talkative persons Also if a Bill be debating in the House no man may speak to it in one day above once If any one speak words of offence which the House takes cognizance of as such he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to persuade or dissuade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally Divided In Committees though of the whole House it is allowed to Speak and Reply as often as they please In the House of Lords they give their Suffrages or Votes beginning at the lowest Baron and so to the highest Peer in order every one Answering apart Content or Not content In the House of Commons they Vote by Yea's and No's and if it be doubtful which is the greater Number then the Yea's are to go forth and the No's sit still because these are content with their present condition without any addition or alteration of Laws as the other desire and then some are appointed to Number them But at a Committee though it be of the whole House as it is sometimes the Yea's go on one side and the No's on the other whereby they may be discerned If a Bill pass in one House and being sent to the other House they of the other House Demur upon it then a Conference is demanded in the Painted Chamber where certain deputed Members of each House Meet the Lords sitting covered at a Table and the Commons standing bare the business is then debated If they agree not it is Nulled if they do agree it Passes When Bills have past both Houses they are presented to his Majesty for his Royal assent who comes in his Robes with the Crown on his Head and being Seated in his Chair of State the Lords being all in their Robes the Clerk of the Crown reads the Tiâ—tle of each Bill and as he reads the Clerk of the Parliament according to his Instructions from the King who before hath maturely considered each Bill pronounceth the Royal assent If it be a Publick Bill the Answer is Le Roy le veut and then that Bill becomes a Law If a Private Bill the Answer is Soit fait comms el est desire If it be a Pubblick Bill which the King likes not then the Answer is Le Roy s'avisera which is taken for an absolute Denial in a more Civil way and that Bill wholly nulled So that nothing but what the King confirms by his Royal Assent hath the force of a Law The King can by Commission granted to some of His Nobles give His Royal Assent to any Bill that requires haste If it be a Bill for Monies given to His Majesty then the Answer is Le Roy remercie ses Loyaux Sujets accepte leur Benevolence aussi le veut which is an ancient Ceremony of Thanking the Subjects for parting with their Money The Bill for the King 's General Pardon hath but one Reading in either House 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 Prelates Seigneurs Communes en ce Parliament Assemblez au nom de tous vos autre Sujects remercient tres humblement votre Majeste prient Dieu vous donner en sante bonne vie Congue All Acts of Parliament before the Reign of Henry 7. were Passed and Enrolled in French now in English The stile runs thus Be it Enacted by the King 's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons c. When it pleases the King the Parliament is Adjourned Prorogued or Dissolved thus Adjournments are usually made in the Lords House by the Lord Chancellor in the King's name to what other day and place the King pleases and then all things already Debated and Read in one or both Houses may be resumed because they continue in the same State they were in before to the next Meeting When the Parliament is Prorogued there is a Session and then all Bills and Debates must begin anew at the re-assembling of the Parliament The Speaker of the House of Commons upon notice given that it is the King's pleasure that that House shall also Adjourn doth say with the Assent of the House This House is Adjourned
the Queens Chamber was consumed but after that repaired In the year 1397 King Richard II. caused the Walls Windows and Roof to be taken down and new made with a stately Porch and divers Lodgings of a marvelous Work and with great Costs which being finished Anno 1399. He kept a most Royal Christmas there with daily Justings and Runnings at Tilt whereunto resorted such a number of People that there was every day spent 28 or 26 Oxen 300 Sheep and Fowl without number He caused a Gown to be made for himself of Gold garnished with Pearl and precious Stones to the value of 3000 Marks There daily fed there 10000 People as appeareth by the Messes told out from the Kitchin to 300 Servitors A great part of this Palace was burnt Anno 1512 the 4th of Henry VIII since which time it hath not been Re-edified Only the Great Hall with the Offices near adjoining are kept in good Reparations and serveth as afore for Feasts at Coronations Arraignments of Great Persons charged with Treason and keeping of the Courts of Justice For whereas formerly the Courts and Benches followed the King wheresoever he went before and since the Conquest but being found to be troublesom chargeable and inconvenient to the People it was Anno 1224 9 H. 3. agreed that theâ—e should be a standing place appointed where Matters should be heard and judged which was in the Great Hall at Westminster I. The Court of COMMON-PLEAS Where he appointed Three Judgment-Seats viz. at the Entry on the Right-hand the Court of Common-Pleas So called because there are debated the usual Pleas between Subject and Subject as about Tenures of Lands and Civil Actions None but Sergeants 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 Pleas are distinguished into Pleas of the Crown as Treason and Felony with Misprision of Felony which belong to the Kings-Bench and Common or Civil Pleas whereof this Court takes Cognizance This Court may grant Prohibitions as the Kings-Bench doth The Chief Judge is called the Lord Chief Justice of the Common-Pleas or de Communi Banco the Common Bench who holds his place by Letters Patents Durante Beneplacito and so do the other inferior Judges of this Court whereof there are commonly Three Here 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 levied or Recoveries suffered but only in this Court The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine Also to the other Judges of this Court and to four Sergeants is allow'd Fees Reward and Robes to each one The Officers are many Custos Brevium three Protonatories Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoignes Clerk of the Outlawries which belongeth to the Attorney General who exercises it by Deputy c. For which at large see the Present State of England Pag. 102. Edit 1679. II. KINGS-BENCH At the upper End of the Hall on the Right-hand or South-east Corner the Court of Kings-Bench was appointed which is of a larger Extent of Power and more Uncontroulable than any other Tribunal For the Law presumes that the King is there still in Person He being Lord Chief Justice of England Himself yet it is observable that though He should personally sit upon the Bench He can pass no Sentence of Judgment but by the Mouths of His Judges who did use to sit there at His Feet when He was present After the House of Lords in Parliament this is the Highest Court in England and the Judicature in the Absence of the King belongs to His Judges 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 concern'd because the Life and Limb of the Subject in the sense of the Law belong only to the King so that the Pleas here are between the King and the Subject Here are handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court hath power to Examine and Correct all Errors in Facto and in Jure of all the Judges and Justices of England in their Judgments 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 yet of large Extent in point of Authority thus Rex c. Mathaeo Hale Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda Durante beneplacito nostro teste Me Ipso apud Westm c. That is in English The King c. To Sir Matthew Hale Kt. Greeting Know ye That we have Constituted you our Capital or Chief Justice in Pleas held before Vs during Our Pleasure Witness My Self at Westminster c. The rest of the Judges of the Kings-Bench hold their Pleas by Letters Patents in these words Rex omniblis ad quos praesentes literae pervenerint Salutem Sciatis quod Constituimus Dilectum Fidelem nostrum A. B. 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 practise This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their due Bounds and Jurisdiction The Jurisdiction of this Court is general extending to all England as before None can be a Judge in this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law and yet in the Writ or Patent to them made they are not called Sergeants who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after For the Officers of this Court see the Present State of England of the same Edition Pag. 98. III. CHANCERY On the Left-hand or South-west Corner sitteth the Lord Chancellor accompanied with the Master of the Rolls and eleven other Men learned in the Civil Law and called Masters of Chancery which have the King's Fee This Court is placed next the Kings-Bench to mitigate the Rigor of it It is Curia Cancellariae because as some think the Judge of this Court sate anciently intra Cancellos or Lattices as the East-end of Churches are separated per Cancellos from the Body of the Church as
When the King Prorogues or Dissolves the Parliament He commonly comes in Person to the House of Lords in his Robes with the Crown on his Head and sends by the Vsher of the Black-Rod for all the House of Commons to the Bar of that House and after the King's Answer to each Bill signified as aforesaid his Majesty usually makes a Solemn Speech the Lord Chancellor another and the Speaker of the House of Commons a Third Then the Lord Chancellor by the special Command of the King doth pronounce the Parliament Prorogued or Dissolved The King being Head of the Parliament if his Death doth happen during the Sitting of the Parliament it is ipso facto Dissolved IV. sommerset-Sommerset-House in the Strand is the Queens Palace In the Year 1549. Edward Duke of Sommerset Uncle to Edward the 6 th and Lord Protector pulled down several adjoyning Buildings to make him a Mansion-House there the Stones of which Houses and some other more remote Buildings which he demollished were converted to this Spatious and Beautiful Palace of which we cannot add much more but that it was the Fatal place where the wicked Romish Assassinates prompted by Hell and their accursed Principles most barbarously Murdered that Noble Patriot and never to be forgotten Knight Sir EDMOND-BERRY GODFREY on Saturday the 12 th of October 1678. The Bloody Villains being enraged at the Discovery of their Execrable Plot in which this brave Gentleman was very active made him a Sacrifice to their Revenge so that he may be truly stiled the Martyr of the English Protestant Interest and deserves a Memorial in all Loyal Christian Hearts The Narrative is published at large to which we refer our Reader only we cannot omit his Majesties Royal act who so resented this Abominable Villany that he issued his Proclamation the 20 th of October promising 500 l. to the Discoverer and a Pardon if one of the Malefactors and another soon after promising on the word of a King not only the said Reward of 500 l but such care for the Security of the Discoverer as he could in Reason propose upon which Captain William Bedlow since Dead and Mr. Miles Praunce a Silver-smith in Princes-street which last confessed to have been in the Fact made the Discovery and upon their clear and undoubted Evidence three of the Wretches were Executed viz. Green Berry and Hill the rest fled from Justice but cannot escape Divine Vengeance Having spoken of these principal Palaces it may be expected that we should speak something of the Great and Famous Houses of the Nobility which are very many and Magnificent not yielding to any in Europe as Clarendon-House which for Situation stately Architecture spacious solid uniform Structure is admirable Berkley-House Wallingford-House Northumberland-House Salisbury and Worcester Houses Bedford Leicester Newport Mountague and Southampton Houses and indeed most Houses of the great Peers But the brevity of our Volume will not admit a large Description only in General we shall say something of them in the Section that Treats of the Fire Anno 1666. and the Rebuilding of the City SECT 5. Of Exchanges and Publick-Halls THe Royal Exchange in Cornhil-Ward was Erected in the Year 1566 just one hundred Years before it was Burnt in this manner Certain Houses upon Cornhil containing Eighty Housholds were purchased by the City of London for above 3532 l. which they sold for 478 l. to such as would take them down and carry them away Then the Ground or Plot was made plain at the Charges of the City and Possession thereof was given to Sir Thomas Gresham Knight a Noble Merchant and Agent to Queen Elizabeth by certain Aldermen in the name of the whole for to Build an Exchange thereon for Merchants to Assemble On the 7 th of June he laid the first Stone in the Foundation being accompanied with some Aldermen where every one of them laid a piece of Gold which the Work-men took up The Work was advanced with such Expedition that in November 1567 it was finished and afterwards in the presence and by the special Command of the Queen it was Proclaimed by a Herald and with sound of Trumpet named The ROYAL EXCHANGE It was Built most of Brick and yet was the most splendid Burse all things considered that was then in Europe The Burse for Merchants was kept before in Lumbard-street In the great and dismal Conflagration Anno 1666. the Royal Exchange was consumed But it is since Rebuilt in a far more stately and Magnificent manner of excellent Portland Stone almost as durable as Marble with such curious and admirable Architecture especially for a Front a Turret and for Arch-work that it surpasseth all other Burses in Europe The Form is Quadrangular with a large Paved Court where the Merchants Meet it is Quadratum Oblongum an Oblong square and on each side are stately Galleries or Portico's Checquered with a smooth and delicate Stone-Pavement the Arches supported with strong Stone Pillars where in case of Rain or extream Heat the greatest part may be sheltered The whole Fabrick cost above 50000 l. whereof one half was disbursed by the Chamber of London and the other by the Company of Mercers And to reimburse them there are to be let 190 Shops above-stairs at 20 l. per annum and 30 l. Fine besides the several Shops below on the several sides and the huge Vaulted Cellars under ground so that it must needs be the richest piece of Ground in the World For The Exact Dimensions of the Ground whereon this Goodly Fabrick is Erected is but 171 Foot from North to South and 203 Foot from East to West and little more than three quarters of an Acre of Ground yet producing above 4000 l. Yearly Rent The New Exchange on the Strand was called Durham-House Built by Thomas Hatfield Bishop of Durham who being made Bishop of that See Anno 1549. continued so 36 Years It was a very Capacious Edifice on the North side stood a row of Thatcht low Stables which the Right Honourable Robert Earl of Salisbury then Lord High Treasurer of England purchased and pulled down Erecting in the room thereof at his own Charge a very goodly and beautiful Building with Cellars underneath and a Walk fairly Paved above it with Rows of Shops and the like above stairs The first Stone was laid the 10 th of June 1608 and it was finished in November following The Shops above and under were curiously adorn'd and in April following the Earl Invited King James the Queen the Prince the Duke of York to come thither who came attended with many of the Nobility where after a Rich Banquet the King named it Britains Burse There are also two Exchanges more viz. The Middle Exchange and Exeter Exchange which last was lately built in both which Goods are sold as at the Royal Exchange Having done with Exchanges we shall proceed to the Publick Halls of Companies As for the Great Guild-Hall for Orders sake the Reader is referred to the Section
peculiarly belonging to the Priest and were thence called Chancels This Court is Officina Justitiae the Fountain of all our Fundamental Laws and Proceedings in Law and the Original of all other Courts It is as antient as the Civility of the Nation though perhaps by another Name This Court proceeds either ordinarily according to the Laws Statutes and Customs of the Nation and in Latin granting out Writs Mandatory and Remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one The Equitable part is by Bills Answers and Decrees to Examin Frauds Combinations Trusts Secret Vses c. To moderate the Rigour of the Laws and Rescue Men out of the hands of their Oppressors To Relieve a Man especially in three things viz. against Cheats unfortunate Accidents and Breaches of Trust Out of this Court Issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any Person hath been Amerced too high are for a reasonable part of Goods for Widows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgments in inferior Courts Writs of Audita Querela and Scire Facias here are Sealed and Inrolled Letters Patents Treaties and Leagues with Foreign Princes Deeds between Party and Party touching Lands Estates or Purchasers taking Recognizances and making Extents upon Statutes and Recognizances for Payment of Money or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are between Subject and Subject hath its Original and Commission from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the Six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds only the Person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the Sole Judge whereas in other Courts there are three or four Judges But he may and doth often in Cases of greater Weight and Difficulty in Cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it has been frequently to their great Praise It is the highest Dignity in England that a Lay-Man is capable of it is Summum ambientis animi quasi solstitium and the Chancellor is Magistratum omnium Antistes Antiently the Lord Chancellor had somtimes his Vice-Chancellor commonly called Keeper of the Great Seal but of latter times they differ only in Name The Chancellor is said to be Keeper of the King's Conscience to Judge secundum aequum bonum according to Equity and Conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact Rigor and Letter of the Law whereunto other Judges are exactly tyed For the Princes of this Realm in imitation of the KING of Kings governing the Woâ—ld by Justice and Mercy have Erected two Supreâ—m Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy where in the Rigor of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the Quirks of Lawyers the more it is guided by Conscience and Equity The manner of proceeding in this Court is thus the Action is by Bill or Plaint the Witnesses Examined in private the Decrees in English or Latin not in French No Jury of Twelve Men but all Sentences are given by the Judge of the Court. The place of Master of the Rolls is of great Dignity in the Gift of the King for life or during pleasure This Officer hath Jure Officii the Gift of those considerable Officers of the Six Clerks in Chancery hath the keeping of the Rolls and in the absence of the Chancellor hears Causes and makes Orders by Vertue of a Commission with two Masters and that Jure Officii by right of Office This Court is always open whereas all the others are shut but only in Term time so that if a Man be wrongfully Imprisoned in the Vacation time out of Term the Lord Chancellor may Grant his Writ of Habeas Corpus and do him Justice according to Law so likewise may this Gourt Grant Prohibitions in time of Vacation as well as in Term time The Defendant is to Answer Bills and Interrogatories upon Oath though to the accusing of himself in divers matters Dammageable and Penal the Witnesses are to Depose upon Interrogatories and in perpetuam rei Memoriam by the Term and use of Final Decree agreeable with the Civil Law In the Master of the Rolls Office are kept all the Rolls since the beginning of King Henry the VII the rest are kept in the Tower of London In this Gift are besides the Six Clerks Office the Offices of the Examiners and three of the Clerks of the Petty-Bag-Office The Office of Clerk of the Crown is of High importance he is either by himself or Deputy continually to attend the Lord Chancellor for special matters of State and hath place in the Higher House of Parliament He makes all Writs for Election of Members of Parliament Sitting in Parliament upon Warrant directed to him upon the Death or Removal of any Member and also Commissions of Oyer and Terminer Goal-Delivery Commissions of Peace and many other Commissions distributing Justice to His Majesties Subjects The Office of the Protonotary of this Court is chiefly to expedite Commissions for Embassies The Office of the Clerk of the Hanaper or Hamper is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal daily in Term time and at all times of Sealing with Leather Bags now but antiently probably with Hampers wherein are put all the Sealed Charters Patents c. And then those Bags delivered to the Comptroller of the Hamper The Office of Warden of the Fleet or Keeper of the Fleet-Prison is very Considerable He is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt of the King or His Laws on such as will not pay their Debts c. The Sergeant at Arms Office is to bear a Gilt Mace before the Lord Chancellor or Keeper for the time being The Six Clerks are Officers of great account next in Degree to the Twelve Masters in Chancery whose Office is to Inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are Attorneys for Plaintiffs and Defendants in Causes depending in this Court Their Offices are at a place
Book of the Exchequer The former was six Years a making by William the Conqueror and is a Cense or compute of all England as it was then viz. all the Lands with the value and Owners and Account of all Cities Towns Villages Families Men Souldiers Husbandmen Bondmen Servants Cattle how much Money Rents Meadow Pasture Woods Tillage Common Marsh Heath every one possessed So that in Disputes about Taxes this determined it without further controversie as the Book of the Great day of Doom will then and therefore so called It is kept under three Locks and not to be lookt into under 6 s. 8 d. And for every Line Transcribed is to be paid 4. d. The Auditor of the Receipts is to File the Bills of The Tellers whereby they charge themselves with all Money Received and to draw all Orders to be Signed by the Lord High Treasurer for Issuing forth all Moneys by Vertue of the Privy Seals which are Recorded and Lodged in his Office He makes all Debentures to the several Persons who have Fees Annuities or Pensions by Letters Patents from the King out of the Exchequer and directs them for payment to the Tellers He receives every Week the state of the Account of each Teller and also Weekly certifies the whole to the Lord High Treasurer who presently presents the Estimate or Ballance to the King He takes the Tellers Account in Gross at Easter and Michaelmas By him are kept the several Registers appointed for paying all Persons in Course upon several Branches of the King's Revenue he is Scriptor Talliorum hath five Clerks to manage the whole Estate of Moneys received disbursed and remaining There are four Tellers who Receive all Moneys due to the King and thereupon throw down a Bill through a Pipe into the Tally-Court where it is received by the Auditors Clerk who there attends to write the words of the said Bill upon a Tally and then delivers the same to be Entred by the Clerk of the Pells or his under Clerk who Enters it in his Book Then the Tally is cloven by the two Deputy Chamberlains who have the Seals and while the Senior Deputy reads one part the Junior Examines the other part with the other two Clerks The Clerk of the Pels Enters every Tellers Bill into a Parchment of Skin in Latin Pellis whence this Office hath its Name all Receipts and Payments for the King for what cause or by whomsoever and is in Nature of a Comptroller hath four Clerks whereof one is for the Introitus and another for the Exitus Moreover he is to make Weekly and half Yearly Books both of the Receipts and Payments which are delivered to the Lord Treasurer He that Pays the King any Moneys receives for his Acquittance a Tally so called from the French Verb Tallier to cut that is one half of a Stick cloven with certain proportionable Notches thereon expressive of the Sum from the said Deputy Chamberlains who keep the other cloven part of the Stick called the Foyl and Delivers it to the Tally-Joyners on the other side of the Exchequer who are also Deputies to the Chamberlains an◠they joyn it with the Foyl which agreeing the◠give it their Test and send it by an Officer of the◠own to the Pipe where their quietus est is Ingrosse◠in Parchment In the Office of the Deputy-Chamberlains Westminster are preserved all the Counterfoyls 〈◊〉 these Tallies so exactly ranged by Months an◠Years that they are to be presently found out t◠be joined with their respective Stock or Tally when required which proving true they deliver it Attested for a Lawful Tally to the Clerk of the Pipe for to be allowed in the great Roll but in Case any Corruption hath been used the same is easily and soon discovered and the Offender severely punished by Fine and Imprisonment This Antient way of striking of Tallies hath been found by long experience to be absolutely the best way that ever was invented for it is Morally impossible so to Falsifie or Counterfeit a Tally but that upon rejoyning it with the Counterfoyl it will be obvious to every Eye either in the Notches or in the Cleaving in the Longitude Latitude Natural growth or shape of the Counterfoyl whereas Acquittances in Writing cannot be so done but that they may be Counterfeited by skilful Penmen and that so exactly as that he who wrote the Original shall not be able to know his own hand from the Counterfeit as hath been frequently seen in all the Courts of Westminster There are two Vshers whose Office it is to secure the Exchequer by Day and Night and all the Avenues leading to the same and to furnish all Necessaries as Books Paper c. There is a Tally-Cutter and four Messengers This Exchequer is the best ordered publick Revenue in the World Court of the Dutchy of Lancaster Before we come to treat of the High Court of Parliament we will give an Account of the Court of the Dutchy of Lancaster kept at Westminster-Hall on the left hand above Stairs which takes Cognizance of all Causes that any way concern the Revenue of that Dutchy which hath been long since Annexed to the Crown The Chief Judge of this Court is the Chancellor of the Dutchy who is assisted by the Attorney of the Dutchy To this Court belong divers other Officers It is kept near the lower Exchequer and at the Office of Sir Gilbert Gerrard at Grays-Inn Of the High Court of PARLIAMENT Sir Richard Baker tell us in his Chronicle that King Henry the I. instituted the Form of the High Court of Parliament and that the first Council of this sort was held at Salisbury on the 19 th of April and the 16 th of his Reign which is 560 and odd Years ago Before the Conquest the great Council of the King consisting only of the Great Men of the Kingdom was called Magnatum Conventus the Convention or Meeting of the Grandees or Great Men or else Prelatorum Procerumque Concilium and by the Saxons in their own Tongue Michel Gemot the great Assembly After the Conquest it was called Parlementum a French word derived of Parler to talk together consisting still only of the great Men of the Nation till the aforesaid King's Reign None but the King hath Authority to Summon a Parliament In the King's absence out of the Realm the Custos Regni in the King's Name doth Summon a Parliament and During the King's Minority within the Realm the Protector Regni doth the same When the King of England is with His Parliament in time of peace He is then said to be in the height of His Royal Dignity as well as when He is at the head of His Army in time of War He can with the concurrence of his Lords and Commons then do any thing in point of Enacting or Repealing Laws Legitimate one that is born Illegitimate Bastardize one that is born Legitimate He can make an Infant of full Age make an Alien or
9 28. Rutland 2 29. Shropshire 12 30. Somersetshire 18 31. Southampton Or Southamptonshire 26 32. Staffordshire 10 33. Suffolk 16 34. Surrey 14 35. Sussex 20 36. Warwickshire 6 37. Westmorland 4 38. Wiltshire 34 39. Worcestershire 9 40. Yorkshire 30 BARONS of the CINQUE-PORTS Port of Hastings 2 Town of Winchelsey 2 Town of Rye 2 Port of new Rumney 2 Port of Hieth 2 Port of Dover 2 Port of Sandwich 2 Port of Seaford 2 WALES 1. Anglesey 1 Bewmaris 1 2. Brecon 1 Town of Brecon 1 3. Cardigan 1 Town of Cardigan 1 4. Carmarthen 1 Town of Carmarthen 1 5. Carnarvan 1 Town of Carnarvan 1 6. Denbigh 1 Town of Denbigh 1 7. Flint 1 Town of Flint 1 8. Glamorgan 1 Town of Cardiff 1 9. Merioneth 1 10. Pembrook 1 Town of Haverford-west 1 Town of Pembrook 1 11. Montgomery 1 Town of Montgomery 1 12. Radnor 1 Town of Radnor 1 The Barons of the Cinque-Ports are at this Day only as Burgesses in Parliament yet they are still called Barons after the antient manner because heretofore they got 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 King's Head on the day of His Coronation and to Dine that Day in the King's presence The Writ or Summons to the Sheriff for Election of Members to Serve in the House of Commons runs to this purpose The KING to the Sheriff c. Greeting WHereas by the Advice and Assent of our Council for certain arduous and urgent Affairs concerning Vs the State and Defence of our Kingdom of England and the Church of England We have Ordamed a certain Parliament of Ours to be held at this Our City of the Day of next Ensuing and there to have Conference and to Treat with the Prelates Great Men and Peers of Our said Kingdom We command and strictly enjoyn you that making Proclamation at Our next County Court after the Receipt of this Our Writ to be holden the day and Place aforesaid you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Burrough two Burgesses of the discreetest and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the Tenor of the Statutes in that Case made and provided and the Names of the said Knights Citizens and Burgesses so châ—sen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the Parties so Elected be present or absent and shall make them to come at the said Day and Place so that the said Knights for themselves and the County aforesaid and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Boroughs may have severally from them full and sufficient Power to do and to consent to those things which then by the Favour of GOD shall happen to be Ordained by the Common Councel of Our said Kingdom concerning the businesses aforesaid so that the business may not by any means remain undone for want of such Power or by reason of the improvident Election of the foresaid Knights Citizens and Burgesses But we will not in any Case that you or any other Sheriff of Our said Kingdom shall be Elected and at the Day and Place aforesaid the said Election being made in a full County Court you shall certify without Delay unto Vs in Our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto Vs the other part of the Indenture aforesaid affixed to these presents together with the Writ Witness Our Self at c. The King is in the sence of Law the Fountain of Justice He is Lord Chief Justice of England and therefore all the Laws of the Realm are called His Laws for He is Caput principium finis Parliamenti that is the head beginning and end of Parliament and nothing can have the Force of a Law but what has His Royal Assent The highest Court of Judicature in England is the House of Lords in Parliament who are assisted with the most Grave and Eminent Lawyers of England both in Common and Civil Law who are only Ministerial there and have no Voices but to give their Opinions in matters of Law which become doubtful To the Judicature of this Supreme and most Honorable Court all other Courts and Persons that are Subjects of England are accountable for all Crimes not properly Tryable Remediable or Punishable in other inferiours Courts of Justice and to this Court all last Appeals are made from whose Sentence there lies no Appeal but to a succeeding Parliament and this Supreme Judicatory or Judicial Power lies 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 All Members of Parliament both Lords and Commons that they may attend the publick Service of their Country 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 that they tarry there and return Eundo Morando ad propria redeundo but not from Arrests for Treason Felony or breach of the Peace The place of Meeting for this High and Honorable Assembly is in whatsoever City Town or House the King pleaseth but most usually at Westminster All the Lords Sit in a fair Room by themselves and the Commons not far from them in another Fair Room heretofore the antient Free Chappel of St. Stephen The King as oft as he comes which is usually at the opening of Parliaments passing of Bills or Solemn Debates is placed at the upper end of the Room in a Chair of State under a Cloth of State under which on either hand sit none but the King's Children On the King 's right hand is a Seat for the Prince of Wales on His left hand is a Seat for the Duke of York On the King 's right hand next the Wall are placed on a Form the two Archbishops next below on another Form the Bishops of London Durham and Winchester Upon other Forms on the same side the rest of the Bishops sit according to the Priority of their Consecration On the King 's left hand upon Forms are placed the Lord Chancellor Treasurer President of the King's Council the 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 Wool-sacks On the same side Sit
Right to the Conservation of the Thames and the Waters of Medway by way of Inquisition whereof there were two the one taken at Raynam in Essex the other at Gravesend in Kent before Sir William Cambridge Grocer then Lord Mayor of London 9 Henry V. where it was presented that whereas by the antient Ordinances of London the Meshes of Nets should be two Inches in the fore part and one Inch in the hinder part and it being found that the Offences according to the said Inquisitions are Contra libertates consuetudines Civitatis it was adjudged that the Nets should be burnt according to the antient Custom in that behalf provided VI. He goes on after to prove that this Right belongs to the City by Decrees In 8 Henry IV. the Mayor and Aldermen did exhibit their humble Petition to the King's Councel reciting that time out of mind they had the Conservation and Correction of the River of Thames of all Trincks Nets and other Engines whatsoever in the River of Thames and Medway placed and have used to make a Sub-Conservator under them and complaining that Alexander Bonner then Sub-Conservator having discharged his Duty in removing Kiddles he was ill intreated by the owners dwelling in Erith Bratriferry Barking Woolwich and other places in the Counties of Kent and Essex and upon hearing of the matter in Camera Stellata they were found Guilty and Constrained to submit themselves to the Lord Mayor and ordered to bring always their Nets unto him before they should use them and that the Kiddles then taken should be at the disposition of the Lord Mayor so the Offenders made their submission accordingly VII He proceeds This Right appertains to the City of London by Letters Patents which he proved by a Grant made by Edward IV. to the Earl of Pembroke for setting up a Wear in the River of Thames which Grant was Revoked and Cancelled at the Request of the Lord Mayor and Aldermen upon shewing their Right therefore alleaged it was contrary to their antient Liberties At which time the Cities Title to the Conservancy of the Thames and Medway was at large set forth and recited to have been shewn to the Lord Chancellor and to the said Earl and his Counsel which accordingly was also read VIII He reinforceth the Right of the City by Proclamations whereof one was made by H. VIII in the 34 of His Reign wherein it is affirmed that the Lord Mayor and his Predecessors have had by divers Grants of the Kings of England and by Acts of Parliaments enjoyed always the Conservacy of the Thames without Impediments or Interruption By which Proclamation it was Commanded that none should resist deny or impugne the Lord Mayor or his Deputy in doing or executing any thing that might conduce to the Conservacy of the River and of the Fish and Fry within the same IX He produceth Report for in a Controversie betwixt the Lord Admiral and the Lord Mayor for the Measuring of Coals and other things upon the Thames it then fell into Debate to whom the Conservacy of the Thames did belong which cause was referred by Queen ELIZABETH's Councel of State 1597 to the Attorney-General and Solicitor who joyntly Certified amongst other things that the Conservancy and care of the said River did and ought to belong to the City of London X. By quo Warranto it was proved that the Conservacy of the Thames belongs to the City for 3 Jac. a quo Warranto was brought against the City in the Exchequer to know by what Title She claimed the Conservacy of the River of Thames and the Waters of Medway whereupon the City made Her Title Good thereunto by antient prescription and otherwise so Judgment was given in Her Favour XI He goes on afterwards to confirm the Right of the City by Proof of Vsage in regard the Lord Mayor and Aldermen have time out of mind made Ordinances concerning the Good Government of the River of Thames as well for the Seasons and Manner of Fishing beneath London-bridge Eastward upon pain of certain Penalties as appears from time to time from the Reign of Henry III. and so downward The Lord Mayor hath removed Kiddles Wears Trinks and other unlawful Engines and reformed the disorders of such as have offended besides in the River of Thames and inflicted punishment upon Offenders accordingly The Right of the City appears also by the Writs and Preceps under the Teste of the Lord Mayor to the Sheriffs of Kent and Essex for the Returning of Juries before him to inquire of Offences done in the River The same Right of the City appears also by Commissions whereof divers have been directed to the Lord Mayor to put in Execution the Acts of Parliament made for Conservance of the Thames and Medway and to inquire of all Offences made or done in the said Waters and to punish the Deliaquents accordingly Lastly He makes good the Right and Title of the City by the Continual Claim She has made thereunto as appears in those various Contests She had with the Lord Admiral of England wherein after divers Debates and Disputes She still came off well and made Her Title good Which moved King Jamts in the third Year of His Reign to put a Final Determination to the Business by the Letters Patents he passed unto the City wherein he saith That ad omnem Controversiam in hac parte Temporibus tam presentibus quam futuris tollendam omne Dubium amo vendam that to cut off all Controversies as well of the present times as of Future and to remove all Doubts he did Confirm and Ratifie the said Right unto the City of London c. I. This Office of Conservator of so Noble a River is of great Extent for he is to preserve the Currency of the stream on the Banks on both sides II. To preserve the Fish and Fry within the same that no Fishermen use unlawful Nets or Engines or fish at Prohibited Seasons III. To hinder the erection of any Weares Kiddles or Engines and the knocking in of any Posts Piles or Stake which may in any sort hinder the Stream or Navigation and to pull them up if already done and punish the Offenders also to prevent all incroachments upon the Rivers and the Banks thereof likewise to inquire of all Bridges Flood-Gates Mill-dams and such like Annoyances and whether any do hurl in any Soyl Dust or Rubbish or other Filth whatsoever to choak her But for the strength and safety of the River against the Invasion of an Enemy by Block-Houses Forts Bastions or Castles and the securing of the Merchant and Navigation to and fro that Charge belongs to the Soveraign Prince The former Charge Care and Circumspection belongs properly to the City of London which is Seated in a fit place to be watchful over her for which Vigilance the Thames Rewards the City abundantly by bringing her in the Spices of the South the Jewels of the East and the Treasures of the