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
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.
Borough of Cricklade Sir George Hungerford Kt. Sir John Earnely Kt. Borough of Great Bedwin Sir John Trevor Kt. Henry Clerk Esq Borough of Lugdersal William Ashburnham Esq Thomas Gray Esq Borough of Old Sarum Edward Nicholas Esq Sir Eliab Harvey Kt. Borough of Wooten Basset Sir Walter St. John Bar. John Pleydal Esq Borough of Marleborough John Lord Seymour Jeoffery Daniel Esq Worcester Sir John Packington Bar. Samuel Sandys Sen. Esq City of Worcester Sir Rowland Berkly Kt. Thomas Street Esq Borough of Droitwich Henry Coventry Esq Samuel Sandys Jun. Esq Borough of Evesham Sir John Hanmer Kt. Sir James Rushout Kt. Borough of Bewdly Sir Henry Herbert Kt. York Conyers Darcy Esq Sir Thomas Slingsby Kt. City of York Sir Metcalf Robinson Kt. Sir Thomas Osborn Bar. Town of Kingston upon Hull Anthony Gilby Esq Andrew Marvel Gent. Borough of Knaersborough Sir John Talbot Kt. William Stockdale Esq Borough of Scarborough Sir Phillip Munckton Esq William Thompson Esq Borough of Rippon Sir Jo. Nicholas Kt. of the Bath Thomas Burwell Dr. of Laws Borough of Richmond Sir William Killegrew Kt. Marmaduke Darcy Esq Borough of Heydon Henry Guy Esq Sir Hugh Bethel Kt. Borough of Burrowbridge Sir Rich. Malevere Kt. and Bar. Robert Long Esq Borough of Malton William Palmes Esquire Sir Thomas Gowre Kt. Borough of Thirske Sir Thomas Ingram Kt. Will. Franklin Esquire Borough of Aldborough Sir Soloman Swale Bar. Sir Francis Goodrick Kt. Borough of Beverley Michael Wharton Esquire Sir John Hotham Bar. Borough of North-Allerton Sir Gilbert Gerard Kt. and Bar. Roger Talbot Esquire Borough of Ponfract Sir John Dawney Kt. Sir William Lowther Kt. Barons of the Cinque Ports Port of Hastings Edward Waller Esquire Sir Denny Ashburnham Bar. Town of Winchelsea Francis Finch Esquire Robert Austin Gent. Town of Rye Sir John Robinson Kt. and Bar. Sir Jo. Austin Bar. Port of New Rumney Sir Charles Sidley Bar. Sir Norton Knatchbull Bar. Port of Hyth John Harvey Esquire Sir Henry wood Kt. and Bar. Port of Dover George Montague Esquire Edward Lord Hinchenbroke Port of Sandwich Jo. Strode Esquire James Thurbarne Esquire Port of Seaford Sir William Thomas Kt. and Bar. Nicholas Pelham Esquire WALES Anglesey Nicholas Bagnall Esquire Town of Bewmorris John Robinson Esquire Brecon Edward Progers Esquire Town of Brecon Sir Herbert Price Bar. Cardigan Edward Vaughan Esquire Town of Cardigan Sir Charles Cotterel Kt. Carmarthen Sir Henry Vaughan Kt. Town of Carmarthen John Lord Vaughan Knight of the Bath Carnarvon Sir Richard Wynne Bar. Town of Carnarvon William Griffith Esquire Denbigh John Wynne Esquire Town of Denbigh Sir John Salisbury Bar. Flint Sir Thomas Hanmer Bar. Town of Flint Roger Whitely Esquire Glamorgan Sir Edward Mansel Bar. Town of Cardiffe Robert Thomas Esquire Merioneth Henry Wynne Esquire Pembroke Arthur Owen Esquire Town of Haverdford-West Sir Frederick Hyde Kt. Town of Pembroke Rowland Lagherne Esquire Montgomery Andrew Newport Esquire Town of Montgomery Henry Herbert Esquire Radnor Sir Richard Lloyd Kt. Town of Radnor Sir Edward Harley Kt. of the Bath Note that some Knights and Burgesses being lately deceased others are not yet elected in their Room Of the Executive Power in Temporal Matters A Brief account of the Legislative power in Temporall affairs having been given next may be considered the Executive power in those affairs and that is generally in the King he is the Fountain of Justice he is the Fountain of Justice he is the Lord Chief Justice of England and therefore as all the Laws of England are called the Kings Laws because he is Caput Principium Finis Parliamenti by which the Laws are made and that nothing can have the Force of a Law but what he wills so all the Courts of Judicature are called the Kings Courts and all the Judges of those Courts are called the Kings Judges The highest Court of Judicature in England is the House of Lords in Parliament so that the Parliament is not only Concilium but Curia a Court of Judicature consisting as aforementioned of all the Lords Spiritual and Temporal as Judges and these assisted with the most grave and eminent Lawyers of England both in Common and Civil Law To the Judicature of this Supreme and most Honourable Court all other Courts and Persons that are Subjects of England are Subject and accountable for all Crimes not properly tryable remediable or punishable in other inferiour Courts of Justice and to this Court all last Appeals are to be made and from whose Sentence there lies no appeal but to a succeeding Parliament and this supreme Judicatory or Judicial Power lyes only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation impeach the highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence after which there can be no farther proceeding till the King informed of the whole matter gives His Royal Assent for the Execution of the said Sentence or grant His gracious Pardon In the late Long Parliament the House of Commons pretended to be also a Court of Judicature and at length usurped a most exorbitant power to the total ruine of Monarchical Government and it is worth observing by what Gradations they arrived thereto In the time of Queen Elizabeth and not before the Commons began to take upon them as saith Mr. Pryn a learned Member of that House to seclude one another for undue Elections whereas formerly the King and Lords were accounted the sole Judges of all Members of the Commons House and to have the sole power to judge of their undue Elections Returns Misdemeanors Breaches of Privileges and of all other matters concerning their Membership also for freeing any Member from Arrest or Imprisonments did wholely and solely belong to the Lords and not to the Commons unless it were by special order referred by the Lords to the House of Commons as heretofore sometimes hath been done In the time of King Charles the Martyr the Commons went farther took upon them utterly to expel out of their House some of their fellow Members as Projectors and Monopolizers although they had been duly elected After this in the same Kings time they expelled all such as adhered in Loyalty to the King next they secluded and imprisoned all such as the Officers of the late rebellious Army impeached or disliked then by the help of that Army 50 or 60 of the Members of that House expelled all the rest of their fellows and soon after voted down the King and whole House of Lords and voted themselves to be the Parliament to be the sole Legislators and the Supreme Authority of England into such a prodigious height of folly and impiety do men run when they once allow themselves to pass their due limits Of the Court of Justice called the Kings-Bench FOr the Execution of Laws after the House of Lords in Parliament the highest Court in England is the Kings
England in some difficult cases were not wont to give Judgment until they had first consulted the King or his Privy Council Moreover the Lords and Commons assembled in Parliament have oft-times transmitted matters of high moment to the King and his Privy Council as by long experience and wisdom better able to judge of and by secrecy and expedition better able to transact some State Affairs then all the Lords and Commons together At present the King and his Privy Council take Cognisance of few matters that may well be determined by the known Laws and ordinary Courts of Justice but onely as aforesaid consult for the Publick Good Honour Defence Safety and Benefit of the Realm not medling with matters that concern Freeholds but matters of Appeal and sudden Emergencies The Lords of the Privy Council are as it were a part of the King incorporate with him and his Cares bearing upon their Shoulders that great weight that otherwise would lye wholly upon His Majesty wherefore of such high value and esteem they have always been that if a man did but strike in the House of a Privy Counsellor or elsewhere in his presence he was grievously Fined for the same and to conspire the death of any of them was made Felony in any of the Kings servants within the Check Roll and to kill one of them was High Treason A Privy Councellor though but a Gentleman shall have precedence of all Knights Baronets and younger Sons of all Barons and Viscounts The Substance of their Oath is That they shall according to their power and discretion Truly Justly and Evenly Counsel and Advise the King in all matters to be Treated in His Majesties Council that they shall keep secret the Kings Counsel c. By Force of this Oath and the Custom of the Kingdom of England a Privy Counsellor is made without any Patent or Grant and to continue onely during the Life of the King that makes him nor so long unless the King pleaseth Heretofore there hath been usually a Lord President of the Kings Privy Council a Dignity of so high Repute that by a Statute of Henry the Eight he is to take place in publick next to the Lord High Treasurer of England His Office was to speak first to business to report to His Majesty the Passages and State of businesses transacted at Council Table The last Lord President was the Earl of Manchester Father of the present Lord Chamberlaine To his Privy Councellors the King of England may declare or conceal from them whatsoever he alone judgeth fit and expedient qua in re saith the Excellent Sir Tho. Smith absolutissimum est hoc Regnum Angliae prae Venetorum Ducatu aut Lacedaemoniorum Principatu The King with the advice of his Privy Council doth publish Proclamations binding to the Subject provided that they are not contrary to Statute or Common Law In cases where the publick peace honour or profit of the Kingdom may be endangered for want of speedy redress there the King with his Privy Council usually make use of an absolute power if need be The Members of this most Honorable Council are such as his own free Will and meer Motion shall please to choose and are commonly men of the highest rank eminent for Estates Wisdom Courage Integrity c. And because there are few cases of moment so temporal but that they may some way relate to spiritual affairs therefore according to the general Rules of Policy and Government which God himself ordained amongst his chosen people the Jews the Privy Council as well as the great Council of Parliament is composed of Spiritual as well as Temporal persons some of the principal Bishops of England have in all times been chosen by His Majesty to be of his Privy Council The Lords of His Majesties Privy Council are at present these that follow His Royal Highness the Duke of York His Highness Prince Rupert Gilbert Lord-Archbishop of Canterbury Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal John Lord Roberts Lord Privy Seal George Duke of Buckingham Mr. of the Horse to His Majesty James Duke of Monmouth James Duke of Ormond Lord Great Steward of His Majesties Houshold Henry Marquis of Dorchester Henry Earl of Ogle Thomas Earl of Ossory Robert Earl of Lindsey Lord Great Chamberlain of England Edward Earl of Manchester Lord Chamberlain of His Majesties Houshold· Awbrey Earl of Oxford John Earl of Bridgwater Robert Earl of Leceister Henry Earl of S. Albans Edward Earl of Sandwich Arthur Earl of Anglesey John Earl of Bath Groom of the Stole to His Majesty Charles Earl of Carlisle William Earl of Craven John Earl of Rothes His Majesties Commissioner in Scotland John Earl of Lotherdale Secretary of State in Scotland John Earl of Tweedale John Earl of Middleton Richard Earl of Carbury Lord President of Wales Roger Earl of Orrery Humphrey Lord Bishop of London Henry Lord Arlington one of His Majesties Principal Secretaries of State Francis Lord Newport Comptroler of His Majesties Houshold John Lord Berkley Lieutenant of Ireland Densel Lord Holles Anthony Lord Ashley Chancellor of the Exchequer Sir Thomas Clifford Knight Treasurer of His Majesties Houshold Sir George Carteret Knight Vice-Chamberlain to His Majesty Sir John Trevor Knight one of His Majesties Principal Secretaries of State Sir Thomas Ingram Knight Chancellor of the Dutchy Sir William Morice Knight Sir John Duncom Knight Sir Thomas Chicheley Knight Master of the Ordnance These are all to wait on his Majesty and at Council Board sit in their Order bare-headed when His Majesty presides At all Debates the lowest delivers his opinion first that so he may be the more free and the King last of all declares his Judgment and thereby determines the mater in Debate The Time and Place of holding this Council is wholly at the Kings pleasure but it is most commonly held in the morning on Wednesday and Friday out of Parliament time and Term time and in the Afternoon in time of Parliament and Term. A Council is seldom or never held without the Presence of one of the Secretaries of State of whose Office and Dignity much more considerable in England than in other Nations take here this brief Account The Kings of England had antiently but one Secretary of State until about the end of Henry the Eight his Reign it was thought fit that weighty and important Office should be discharged by two Persons both of equal authority and both stiled Principal Secretaries of State In those days and some while after they sate not at Council Board but having prepared their business in a Room adjoyning to the Council-Chamber they came in and stood on either hand of the King and nothing was debated at the Table until the Secretaries had gone through with their Proposals But Queen Elizabeth seldom coming to Council that Method was altered and the two Secretaries took their places as Privy Counsellors which Dignity they have retained and enjoyed ever since and a
Bench so called because anciently the King sometimes there sate in person on a high Bench and his Judges on a low Bench at his Feet to whom the Judicature belongs in the absence of the King In this Court are handled the Pleas of the Crown all things that concern loss of life or member of any Subject for then the King is concerned because the Life and Limbs of the Subject belong only to the King so that the Pleas here are between the King and the Subject Here are also handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court moreover hath power to examine and correct all Errors in facto in jure of all the Judges and Justices of England in their Judgements and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and mixt except only in the Exchequer In this High Court sit commonly Four Grave Reverend Judges whereof the First is stiled the Lord Chief Justice of the Kings Bench and is created not by Patent but by a short Writ thus Johanni Keeling Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda durante beneplacito nostro Teste me ipso apud Westm The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words Rex omnibus ad quos praesentes literae pervenirint salutem Sciatis quod constituimus dilectum fidelem Richardum Rainsford Militem unum Justiciariorum ad placita coram nobis tenenda durante beneplacito nostro Teste c. These Judges and all the Officers belonging to this Court have all Salaries from the King and the chief of them have Robes and Liveries out of the great Wardrobe In this Court all young Lawyers that have been called to the Bar are allowed to plead and practice This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction of this Court is general and extendeth to all England is more uncontroulable than any other Court for the Law presumes that the King is alwayes there in person None may be Judge in this Court unless he be a Serjeant of the Degree of the Coif that is a Serjeant at Law who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after A List of the several Officers belonging to His Majesties Court of Kings-Bench LOrd Chief Justice Sir John Keeling Knight Justices are Sir Thomas Twisden Knight and Baronet Sir Richard Rainsford Knight Sir William Morton Knight Clerk of the Crown Sir Thomas Fanshaw Knight his Secondary Jasper Waterhouse Esquire Protonotary Sir Robert Henley Knight his Secondary William Livesay Esquire Marshal or Keeper of the Kings Bench Prison Stephen Mosedell Esquire Custos Brevium Justinian Paget Esquire Andrew Vivean and Francis Woodward Clerks of the Paper Office Sealer of the Writs Edward Coleman Gilbert Barrel Clark of the Rules Clerk of the Errors Henry Field George Bradford Clerk for Filing Declarations a Cryer Porter and some other inferiour Officers Then there are Filacers for the several Counties of England whose Office is in this Court to make out all Process upon original Writs as well real as personal and mixt They were lately these that follow Humphrey Ironmonger Edward Parnel James Buck Samuel Astrey Francis Greg John Hynde Thomas Stone Thomas Leach Gilbert Eveleigh Henry Ewin Joshua Langrige William Oglethorp John Philips William Osborn Rob. Hyde and Anthony Rouse The manner of Tryals in this and all other Common Law Courts in England being different from that of all other Countries and peculiar to England shall be at large described apart in a Chapter with other peculiars Of the Court of Common Pleas. THe next Court for execution of Laws is the Court of Common-Pleas so called because there are debated the usual Pleas between Subject and Subject Some say this Court as well as other Courts were at first held in the Kings House wheresoever he resided but by the Statute of Magna Charta it was ordained that this Court should not be ambulatory but be held at a certain place and that hath ever since been in Westminster-Hall None but Serjeants at Law may plead in this Court and so many of them as the King shall appoint are bound by oath to assist all that have any Cause depending in that Court This Court may grant prohibitions as the Court of the Kings Bench doth The chief Judge in this Court is called the Lord Chief Justice of the Common-Pleas or of the Common-Bench holdeth his place by Letters Patent durante bene placite and so do the other inferiour Judges of this Court whereof there are commonly three In this Court all Civil Causes Real and Personal are usually tryed according to the strict Rule of the Law Real Actions are pleadable in no other Court nor Fines levyed or Recoveries suffered but only in this Court at Westminster The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine â—s is done to the Lord Chief Justice of the other Bench also to the other Judges of this Court and to four Serjeants is allowed Fees Reward and Robes to each one In the 11th and 12th of Edward 3. there were eight Judges belonging to the Common Pleas at other times seven six and five and so in the time of Henry 6. and Edward 4. but since usually but four as at this day Before the Reign of Queen Mary these and the rest or the twelve Judges rode upon Mules and not upon Horses as they now do in great State aâ— the beginning of the Term. A List of the several Officers belonging to His Majesties Court of Common-pleas LOrd Chief Justice Sir John Vaughan Kt. Sir Thomas Tyrrel Kt. Sir John Archer Kt. Sir William Wylde Kt. and Bar. these are the present Judges of that Tribunal Then there is an Officer called Custos Brevium the first Clerk of the Court whose Office it is to receive and keep all Writs returnable in that Court to receive of the Protonotaries all the Records of Nisi Prius called Postea's He holdeth his Place by Patent from the King and hath the Gift of the second Protonotary's Place and of the Clerk of the Juries· Sir Joseph Ash hath this Office and doth execute it by his Deputy Thursby Esquire There are three Protonotaries a word compounded of Greek and Latin which with the Antients was usual and signifies the first Notaries they are chief Clerks of this Court and by their Office are to enter and inroll all Declarations Pleadings which the Filazers did formerly promiscuously do Assises Judgments and Actions to make out Judicial Writs c. These considerable Offices are in the hands of Thomas Robinson Alan Lockhart and Humphrey Wirley Esquires The Chirographer also from two Greek words signifying to acknowledge a Debt by setting ones
concerning the Kings Revenue either certain or casual All Securities either by Bond or Recognizances to the Kings Majesty for any of his Debts are taken here All Proceedings upon any Statute by Information for Custom Excises or any other penal Law All proceedings upon the said Bonds or Recognizances or any other Bonds taken in the Kings name by Officers appointed thereunto under the Great Seal of England and transmitted into this Office for recovery thereof From hence issue forth Process to cause all Accountants to come in and account In the Court of Exchequer there being a Court of Equity all proceedings touching the same are in this Office with many other things concerning the Kings Revenue This Office is in the Kings Gift Next is the Lord Treasurers Remembrancer John Osburn Esquire whose Office is to make Process against all Sheriffs Receivers Bailiffs c for their Accounts and many other things of moment as Estreat-Rules all Charters and Letters Patents whereupon any Rents are reserved to the King In this Office there were heretofore twelve sworn Clerks whereof the two first were called Secondaries but since the Tenures were taken away the said Office is declined and the number of Clerks diminished This Office also is in the Kings Gift Clerk of the Pipe is Sir Robert Crook Knight who hath all the Accounts and Debts due to the King drawn down out of the Remembrancers Office and chargeth them down in the Great Roll or Pipe and therefore probably was it called the Pipe Office He hath under him eight sworn Clerks William Burnet Esquire chief Secondary Nicholas Highmore Wil. Satterthwayte Burnet Junior Caryl c. Here also Accountants have their Quietus est and here are made Leases of extended Lands Comptroller of the Pipe Brewster Esquire who writeth out Summons twice every year to the High Sheriffs to levy the Farms and Debts of the Pipe he also keepeth a controlment of the Pipe that is keepeth a Roll of the Pipe Office Accounts whereby to discover any thing that shall be amiss Clerk of the Pleas is Richard Beresford Esquire in whose Office all the Officers of the Exchequer and other Priviledged persons as Debtors to the King c. are to have their Priviledge to plead and be impleaded as to all matters at the Common Law And the proceedings are accordingly by Declarations Pleas and Tryals as at the Common Law because they should not be drawn out of their own Court where their attendance is required Forrein Opposer is Charles Whittaker Esquire whose Office is whereunto all Sheriffs repair to be by him opposed of their Green Wax and from thence is drawn down a Charge upon the Sheriff to the Clerk of the Pipe this Office is kept in Greys-Inn Clerk of the Estreats Williams Esquire whose Office is to receive every Term the Estreats or Extracts out of the Office of the Remembrancer of the Lord Treasurer and to write them out to be levied for the King also to make Schedules for such Summs as are to be discharged Auditors of the Imprest Bartholemew Beal and Robert Wylde Esquires who audit the great accounts of the Kings Customs Wardrobe Mint First Fruits and Tenths Naval and Military Expences Moneys imprested c. Auditors of the Revenue there are seven Sir Edmond Sawyer Kt. John Philips Esq Sir Joseph Seymour Kt. Aldworth Parsons Morice Esquires and Sir William Godolphin Kt. These audiâ— all the accounts of the Kings other Revenue that ariseth by Aydes granted in Parliament Remembrancer of First Fruits and Tenths James Roger Esq whose Deputyes George Farrington and William Prettyman take all Compositions for First Fruits and Tenths and make process against such as pay not the same this Office is kept in Hatton Garden There are also two other considerable Officers called Deputy Chamberlains Mr. Vines and Mr Lawrence in whose Office at Westminster are preserved all the Counterfoyles of the Talleys whereof more anon so exactly ranged by Months and years that they may presently be found out to be joyned with their respective Stock or Tally when thereunto required which being done and proving true they deliver the same 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 There are also divers other Officers as Clerk of the Parcels Clerk of the Nichils Marshals Usher of the Exchequer whose Office is executed by a Deputy also 4 under Ushers Of the other part of the Exchequer called by some the Lower Exchequer where the Kings Revenue is received and disbursed with admirable Order and Frugality THe Principal Officer is the Lord Treasurer of whom see the First Part of the Pres State of England Since the Death of the Earl of Southampton 1667. This great Office hath been in the hands of five Commissioners Now there are but three Commissioners the Lord Ashley Sir Thomas Clifford and Sir John Duncomb who execute the same at Whitehall They have each one a considerable Salary from the King There is one Secretary Sir George Downing Knight and Baronet Next is the Chancellour of the Exchequer who is also an Officer of great Account and Authority he hath a principal power not onely in the Exchequer Court but also here in the managing and disposing of the Kings Revenue he hath also the Custody of the Exchequer Seal This Office is injoyed by the forementioned Lord Ashley Then there are two Chamberlaines of the Exchequer Sir Nicholas Steward and Mr. Hyldiard in whose Custody are all Antient Records Leagues and Treaties with forreign Princes the Standards of Moneys Weights and Measures those antient famous Books called Doomes-day and the Black book of the Exchequer whereof the former is Liber Censualis totius Angliae the Tax Book of England made by William the Conqueror wherein is described all the Lands of England with the true value and their Owners name it was six years in making viz. from the 14th to the 20th year of that King and called at first Rotulus Wintoniae but since named Doomes-day Book because therein was set down an exact Account not onely of all the Cities Towns and Villages of England but the number of Families of Men Souldiers Husbandmen Bondmen Servants Cattle how much mony what Rent how much Meadow Pasture Woods Tillage Common Marsh Heath every one possessed and when any one cited or any difference arose about those things or Taxes c. there was no place for denying or deceiving the King whereof many men ever made little Conscience though all good Christians ever counted it a grievous and hainous sin when this Book was opened like as it will be at the opening of the Book at the great day of doom or general Judgment of the World This Book is kept under three Locks and Keys not to be lookt into under 6s 8d and for every line transcribed is to be paid 4d
of proceedings not used in Common Law Courts as the Defendants answering to the Bill and sometimes to the Interrogatories upon Oath though to the accusing of a mans self in divers matters dammageable and penal also by the whole manner of publication the depositions of Witnesses by the examining of witnesses upon Interrogatories and in perpetuam rei memoriam by the term and use of final Decree and many other points differing from the Common Law and wholly agreeing with the Civil Law This Court is alwayes open when all the others are shut but onely in Term time so that if a man be wrongfully imprisoned in the Vacation time out of Term the Lord Chancellour may grant his Writ of Habeas Corpus and do him justice according to Law So likewise may this Court grant Prohibitions in time of Vacation as well as in Term time A List of the several Officers belonging to the High Court of Chancery SIR Orlando Bridgman Knight and Barronet Lord Keeper of the Great Seal of England Then the 12 Masters of the Chancery as followeth Sir Harbottle Grimston Baronet Master of the Rolls Sir William Childe Knight Doctor of Laws Sir Justinian Lewin Knight Doctor of Laws Sir Thomas Escourt Knight Sir Mundeford Bramston Knight Doctor of Laws Sir Nathaniel Hobart Knight Sir William Glascock Knight Sir John Coel Knight Sir Robert Stewart Knight Sir Timothy Baldwin Knight Doctor of Laws Sir Andrew Harket Knight Sir William Beversham The House founded at first for the converted Jews was after their expulsson out of England annext for ever to the Office of Master of the Rolls where he hath the custody of all Charters Patents Commissions Deeds Recognisances which being made up in Rolls of Parchments gave occasion of the Name At present there are kept all the Rolls since the beginning of Henry 7. the rest are kept in the Tower of London In his gift are besides the six Clerks Offices the Offices of the Examiners and three Clerks of the Pettibag Next Clerk of the Crown Henry Barker Esquire this Office is of high importance he is either by himself or Deputy continually to attend the Keeper of the Great Seal for special matters of State and hath a place in the Higher House of Parliament he makes all Writs for summoning Parliaments and upon a Warrant directed to him by the Speaker of the House of Commons upon the Death or removal of any Member he makes a Writ for a new Election Protonatary of this Court is Robert Pescod Esquire this Office is chiefly to expedite Commissions for Embassies It is executed by a Deputy Clerk of the Hamper or Hannaper sometime stiled Warden of the Hannaper Whose Office 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 dayly in Term time and at all times of Sealing with leather baggs now but antiently probably with Hampers wherein are put all sealed Charters Patents c. and then those Baggs delivered to the Comptroller of the Hamper This Office is now enjoyed by Henry Seymer Esquire and executed by a Deputy Warden of the Fleet or Keeper of the Fleet-Prison is an Office very considerable and is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt to the King or his Laws or such as will not pay their Debts c. The present Warden is Sir Jeremy Whitchcote It is executed by a Deputy Serjeant at Armes is Humphrey Ley Esq whose Office is to bear a great gilt Mace before the Lord Keeper c. 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 were antiently Clerici and afterwards forfeited their places if they did marry till by Act of Parliament in the time of Hen. 8. they were allowed to take Wives They are also Atturneys for Plaintiffs and Defendants in causes depending in this Court The present six Clerks Sir John Marshal Matthew Pindar Esq Matthew Bluck Esq Sir Cyril Wyche John Wilkinson Esq and Edward Abney Esq who sit altogether at their Office in Chancery Lane Examiners in Chancery there are two Sir Robert Peyton and Sir Nicholas Strode Their Office is to examine the Witnesses in any suit on both sides on their Oaths This Office also is executed at the Rolls Clerks of the Petty Bag in Chancery are three Edmund Warcup Esq John Hobson Esq and George Low Esq they are under the master of the Rolls Their Office is to make all Patents for Customers Comtrollers all Conge d' eslires first summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The Subpena Office is to issue out Writs to call a person into Chancery This Office is in the hands of Frances Lady Vane Sir Walter Vane and Charles Vane and executed by a Deputy Clerk of the Patents or of Letters Patents under the Great Seal of England is Sir Richard Pygot and executed by a Deputy erected 16 Jac. The Register of the Court of Chancery the Farl of St. Albans under whom are three Deputy Registers for the Court two Deputy Registers for the Rolls two entring Clerks and a Keeper of the Books Cursiters Office in the Chancery is to make out Original Writs they were antiently called Clerici de Cursu of these there are twenty four whereof each one hath certain Counties and Cities allotted to them into which they make out such Original Writs as are required These Clerks are a Corporation within them-themselves and are all persons of Quality whose names follow The Names of the Cursiters now in being are these that follow JOhn Symonds Principal William Barker Assistants Benjamin Gladman Assistants Henry Edmonds Ge. Norbury Abr. Nelson Rich· Plumpton Roger Brown John Norbury Richard Cross Edmund Eyre Will. Adderley Abr. Skynner Jo. Shelbury Will. Plumpton Thomas Fisher Elias Gladman Roger Twisden Ben. Storke John More William Loe. H. Amhurst Philip Barecroft Rich. Parmee Esquires who execute these Offices by themselves or by their Deputies This Office is kept near Lincolns Inn. Clerk of the Presentations of Spiritual Benefices Edwes Esquire Commissioners Sir George Courthop Sir Edm. Turner Halsal Esq Alienation Office N. Crew Esq Receiver Gen. Joh. Nichols All the forementioned Courts of Judicature at Westminster are opened four times the year called the four Termes viz. Easter Term which beginneth alwayes the seventeenth day after Easter and lasteth 27 dayes Trinity Term begins the 5 th day after Trinity Sunday and lasteth 20 dayes Michaelmas Term began heretofore a little after that Feast but now by a late Statute begins the 23 October and lasteth 37 dayes Lastly Hilary Term begins now 10 dayes after St. Hilary Bishop or the 23 of January and lasteth 21 dayes so in all 105 dayes from whence must be deducted about 20 Sundayes and Holydayes which
Headborough to keep the Peace to secure offenders to bring them before the Justice c. Then for the Ecclesiastical Government of Villages there is as before hath been mentioned the Parson or Vicar who hath Curam Animarum the Care of Souls as the Lord of the Mannor hath in some measure Curam Corporum for which he hath the Tythes Glebe and Church Offrings hath under him the Church-wardens and Sides-men to take care of the Church and Church Assemblies the Overseers of the Poor to take care of the Poor Sick Aged Orphans and other Objects of Charity and Lastly the Clark to wait on him at Divine Service Thus admirable and excellent is the Constitution of the present English Government above and beyond any other Government in Christendom O Fortunatos nimium bona si sua norint Angligenas If English men did know their Bliss Too great would be their Happiness Of the Military Government of England IT was a smart Motto that the Great Henry the IV. of France Grandfather to our Gracious King now raigning caused to be engraven on his Great Guns Ratio Ultima Regum Intimating thereby that when Subjects refuse to submit to the Laws of the Land or Neighbours to the Law of Nations then Kings have recourse to Force and Armes to bring them to Reason So long as Subjects are prone to Sedition and Neighbour-Princes and States to Ambition there will be a necessity of a Military Power in every State both by Land and likewise by Sea where the Country is any where bordering on the Sea Of the Military power of England both by Land and Sea the King of England hath the sole supreme Power Government Command and disposition And neither one nor both Houses of Parliament have any right to levey any Forces or make any War Offensive or Defensive as they have at large declared in Parliament Anno 14 Car 2. By Land the next under the King was the late Duke of Albemarle who by His Majesties Commission dated 4 th of April 1660. at Breda was made Generalissimo of all His Majesties Forces in all His Three Kingdoms Horse and Foot Land Souldiers in pay as well within Garrison as without Since the Death of the aforementioned Duke the Horse and Foot which are in constant Pay are thus ordered there are four excellent Regiments of Foot The first is called the Kings Regiment consisting of 24 Companies and near 1700 men commanded by Coll. John Russel whose Lieftenant Coll. is Edw. Grey brother to the Lord Grey and whose Major is William Rolleston The next is the Duke of Yorks Regiment 720 men commanded by Sir Charles Littelton whos 's Lieft. Coll. is Sir John Griffith and his Major Nath. Dorrel Of the third Regiment 600 men Sir Walter Vane is Coll. Thomas Howard of Suffolk Lieft. Coll. and Sir Thomas Ogle Major Of the fourth Regiment 960 men the Coll. is the Earl of Craven his Lieft. Col. is Sir James Smith his Major John Millar There is also a Gallant Regiment of Horse consisting of 8 Troops about 500 Horse besides Officers commanded by the Earl of Oxford and his Major is Francis Windham His Majesty hath besides 3 compleat Troops for his Life Guards whereof one is called the Kings Troop consisting of 200 Horse and commanded by the Duke of Monmouth Another the Queens Troop 150 Horse and commanded by Sir Philip Howard and the third the Duke of Yorks Troop 150 Horse and commanded by the Marquis of Blanquefort whereof see more in the first Part of the Present State of England The pay of a Colonel of Foot is 20 s. per diem and of a Colonel of Horse 12 s. per diem the other Officers have proportionable pay Each Foot Souldier in London hath 10 d. a day and each Horseman 2 s. 6 d. a day Onely those of the Life Guard have each 4 s. a day The rest of His Majesties Forces that are in constant pay are disposed of into several Garrisons a List whereof follows Alphabetically with the names of their several Governors Barwick Lord Widdrington Carlile Sir Philip Musgrave Chepstow Captain Roger Vaughan Chester Sir Jeofry Shackerly Dover Capt. Strode Deale Capt Titus Guernsey Lord Hatton Gravesend Sir Francis Leak Harwich Sir Charles Littleton Hull John Lord Bellassis Jersey Sir Thomas Morgan Languard Fort Major Dorrell St. Maws Sir Viel Vivian Pendenis Richard Lord Arundel Plimouth Earl of Bath Portsmouth D. of York Sir Philip Honywood Lieutenant Governor Scarborough Sir Tho. Slingsby Scylly Isle Sir Will. Godolphin Shereness Sir Bourcher Wray Tinmouth Col. Edward Villars Tower Sir John Robinson Vpner Castle Windsor Castle Prince Rupert Isle of Wight Sir Robert Holmes York the Lord Freschevile In some of these Garrisons His Majesty is at the charge of above 500 men constantly each Garrison Souldier hath 8 pence a day Of all the land Forces in pay the Commissaries Gen. of Musters are Henry Howard of Suffolk and Sir Cecil Howard The Pay-master of all the Forces is Sir Stephen Fox The Judge Advocate Dr. Sam. Barrow For regulating and ordering His Majesties Land Forces that are in constant pay there are no Orders yet setled by Act of Parliament as there are for his Sea Forces but may be in a short time Besides the afore-mentioned Forces there is the standing Militia by Land of all England setled in the King to be governed ordered and enlarged from time to time as his Majesty shall see occasion For the management of these standing Land Forces the King himself makes choice of divers of the principal Peers of his Kingdome and by Commission creates them Lord Lieutenants of the several Counties of England with power to arm array and form into Companies Troops and Regiments to conduct upon occasion of Rebellion or Invasions and employ the men so armed within the Counties and Places for which the said Lords are commissioned or into any other County as the King shall give order To give Commissions to Colonels or other Commissioned Officers to present to the King the names of the Deputy-Lieutenants who have in the absence of the Lord Lieutenant the same power and these are to be of the prime Gentry of the County to charge any person in the County with Horse Horsemen and Arms or Foot Souldiers and Arms within the said County proportionable to their estates with limitation that no person be charged with a Horse unless he hath 500 l. yearly Revenue or 6000 l. in personal Estate No person to be charged with a Foot Souldier unless he hath 50 l. yearly Revenue or 600 l. personal Estate Those that have meaner Estates are to joyn two or three together to find a Horse and Horseman or a Foot Souldier The forementioned Horse and Foot are to muster once or twice a year and each Horseman during the time of the Muster to be allowed him for whom he serves 2 s. a day and each Foot Souldier 12 d. a day For furnishing Ammunition and other Necessaries the Lord Lieutenant
447 150 38 Welcome 400 150 38 Yarmouth 608 180 44 Fifth Rate    Augustin 300 110 26 Briar 180 90 18 Colchester 287 110 24 Convert 250 110 26 Coventry 200 110 20 Dartmouth 220 110 22 Dolphin 130 80 14 Eagle 299 110 22 Forester 230 110 32 Fame 200 95 20 Gift 300 100 26 Garland 2â—5 1â—0 20 Greyhound 150 90 22 Half-Moon 300 110 26 Happy Entrance 200 100 20 Hector 150 90 20 Hound    Lizard 100 170 16 Milford 262 115 22 Mermaid 287 110 22 Norwich 258 110 22 Nightingale 300 110 22 Oxford 240 105 22 Constant Warwick  80 22 Pearl 285 110 22 Pembroke 210 110 22 Paul 240 95 22 Richmond 235 110 22 Rosebush 300 100 24 Success Frigat 230 115 24 Speedwell 200 100 20 Sorlings 250 110 22 Success 380 130 34 Satisfaction 220 110 26 Saphire 300 100 26 Westergat 300 100 26 Sixth Rate    Bramble 120 70 14 Blackmore 90 50 12 Carnation 100 60 12 Chesnut 90 45 10 Cag-way 60 40 8 Cignet 60 40 6 Drake 146 70 12 Dolphin 50 25 4 Diver Smack    Eaglet 60 40 8 Fox 120 70 14 Francis 90 50 10 Griffin 90 50 12 Gift 120 70 12 Hind 60 40 8 Hawk 60 40 8 Harp 60 40 6 Hart    Hunter 50 30 6 Henrietta Pinnace 65 25 6 Kingsale 90 50 10 Lark 80 50 10 Lilly 60 40 6 Martin 130 70 12 Mary 120 60 12 Marygold Hoy    Nonsuch Catch 60 40 8 Minion    Paradox 127 70 12 Pearl Brigant 50 25 4 Roe 60 40 8 Rose 60 40 6 Sparrow 90 60 12 Swallow 60 40 6 True Love 100 60 12 Vulture 100 60 12 Weymouth 120 70 11 Wolf 120 70 16 Besides the above mentioned Vessels there was the New Gally the Eagle Stork Violet Ostridge Church and Elias in all 160 sail During the late War with the United Netherlands France and Denmark some of these forementioned Vessels were lost and since the Peace concluded many have been new built even this present year four Ships of the first Rate and three of the third Rate have been to his Majesties great expences built and perfectly finished or will be in a short time Those new built Ships of the first Rate are the Royal James Prince St. Andrew London All his Majesties Maritime Forces are under the Command of the Lord High Admiral of England touching whose Name Titles Power Priviledges c. See the first part The Lord Admiral hath under him many Officers of high and low condition some at Sea others at Land some of a Military some of a Civil capacity some Judicial others Ministerial so that the Dominion and Jurisdiction of the Sea may justly be stiled another Commonwealth or Kingdom apart In Mari sunt Regna distincta idque Jure Gentium sicut in arida terra saith Baldus that learned Oracle of the Civil Law And the Lord High Admiral of England may fitly be stiled or at least reputed as a Vice-Roy of the Maritime Kingdom of England The Vice-Admiral of England is an Officer to whom next under the High-Admiral it belongs to see the Royal Navy kept in good repair the wages of Mariners and Ship-wrights duly paid and the Ships provided of all things necessary for any Expedition The Lord High-Admiral of England doth by virtue of his place appoint in divers parts of the Kingdom his several Vice-Admirals with their Judges and Marshals by Patent under the Great Seal of the High Court of Admiralty These Vice-Admirals and Judges do exercise Jurisdiction in Maritime affairs within their several limits and in case any person is agrieved by any Sentence or Interlocutory Decree that hath the force of a definitive Sentence he may appeal to the High Court of Admiralty The present Vice-Admirals of the several Coasts of England with their Judges are these that follow in Alphabetical order Bristol City Sir Thomas Bridges Vice-Admiral Cheshire and Lancashire the Earl of Derby Vice-Admiral Sir Tim. Baldwin Kt. Dr. of Laws Judge Cornwall South parts Trelawny Vice-Admiral Cornwall North parts Sir John Godolphin V. Admiral Mr. Scawen Judge Cumberland Earl of Carlile V. Admiral Durham Earl of Carlile V. Admiral Devonshire John Vowel Esq V. Admiral Dr. Masters Judge Dorsetshire Bullen Reyms Esq Essex Sir John Bramston V. Admiral Sir Mundiford Bramston Judge Glocester Thomas Cheston Esq V. Adm. Kent Duke of Richmond V. Adm. Lincoln Lord Castleton V. Adm. Newcastle Earl of Carlile V. Adm. Norfolk Lord Townsend V. Adm. Sir Justinian Lewen Kt. Dr. of Laws Judge Northumberland Earl of Carlile V. Adm. Somersetshire Sir Thomas Bridges V. Admiral Sussex Sir John Pelham V. Adm. Dr. Low Judge Suffolk Sir Henry Felton V. Adm. Dr. Clark Judge Southampton and Isle of Wight Sir Robert Holms V. Adm. Dr. Lloyd Judge Wales North parts Col. John Robinson V. Adm. Mr. Walter Mansel Judge York Earl of Mulgrave V. Adm. For handling of Maritime Affairs the Lord High Admiral hath Courts of his own whereof that at London is the principal or supreme where all Process and Proceedings run in his name and not in the Kings as it doth in all Common-Law Courts in this Court usually call'd the Court of Admiralty he hath a Lieutenant called Judge of the Admiralty who is commonly some learned Dr. of the Civil Law and is at present Doctor Jenkins lately knighted for his great worth and now called Sir Lionel Jenkins The Proceeding in this Court in all Civil Matters is according to the Civil Law because the Sea is without the limits of the Common-Law but under the Admirals Jurisdiction therefore the Civil Law onely all Common Law secluded is made use of and by Libel they proceed to the Action the Plaintiff giving Caution to prosecute the Sute and to pay what shall be judged against him if he fail in the Sute the Defendant on the contrary securing the Plaintiff by sufficient surety or caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratifie and allow all that his Proctor shall do in his name whereby the Clients are well assured to obtain that which by Law shall be adjudged to them let the Cause fall on which side soever In the Admiralty Court of England use is made not onely of the Civil Laws but the Laws of Rhodes and Oleron whereof the former is an Island in the Mediterranean Sea about twenty miles distant from the Continent of Asia Minor and is now under the Turk the antient Inhabitants whereof by their mighty Trade and Power at Sea grew so expert in the Regulation of all Maritime Matters and Differences and their Determinations therein were esteemed so just and equitable that their Laws in such affairs have ever since been observed for Oracles Those Laws were long ago incorporated into the Volumes of the Civil Law And the Romans who gave Laws to other
Nations and excelled all Nations in making of good Lawes yet for their Sea-affairs referred all Debates and Controversies to the Judgement of these Rhodian Lawes Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitane not far from the Mouth of the Garonne where our famous Warriour King Richard the First caused to be compiled such excellent Laws for Sea matters that in the Ocean Sea Westward they had almost as much repute as the Rhodian Laws in the Mediterranean and these Lawes were called La Rool d' Oleron King Edward the Third who first erected this Court of Admiralty as some hold made at Quinborough 1375. very excellent Constitutions concerning Maritime affairs and many Statutes and Ordinances have been made by other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and Messina yet that fragment of the Rhodian Law still extant with the Comments thereon by the old Jurisconsults inserted in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still holds the Preeminence The Customes and former Decrees of the English Court of Admiralty are there of force for deciding of Controversies Under this Court there is also a Court of Equity for determining differences between Merchants In Criminal affairs which is commonly about Piracy the proceeding in this Court was by Accusation and Information according to the Civil Law by a mans own confession or eye-witnesses found gulty before he could be condemned but that being found inconvenient there were two Statutes made by H. VIII that Criminal affairs should be tried by Witnesses and a Jury and this by special Commission of the King to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes Between the Common Law of England and the Admiralty there seems to be Divisum Imperium for in the Sea so far as the Low-water Mark is observed that is counted Infra Corpus Comitatus adjacentis and Causes thence arising are determinable by the Common-Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between the Low-water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For regulating and ordering His Majesties Navies Ships of War and Forces by Sea See those excellent Articles and Orders in Stat. 13 Car. 2. c. 9. Of the Navy Office where the whole business concerning the Kings Vessels of War is managed FIrst There is the Treasurer of the Navy the Earl of Anglesy whose Office is to receive out of the Exchequer by Warrant from the Lord Treasurer of England and to pay all charges of the Navy by Warrant from the principal Officers of the Navy for which he hath salary 220 l. 13 s. 4 d. besides 3 d. in the pound of all moneys paid by him This Office is executed pro tempore by Sir Thomas Osburn and Sir Thomas Littleton for which there are allowed to each fifteen hundred pounds per annum Next the Controller of the Navy Sir John Mennes whose Office is to attend and controll all payments of wages to know the Market rates of all stores belonging to shipping to examine and audit Treasurers Victuallers and Store-keepers Accounts c. his Salary is 500 l. yearly This Office is executed at present by the Lord Vicount Brounker the forementioned Sir John Mennes and Sir Jeremy Smith together Surveyor of the Navy Collonel Thomas Middleton whose Office is generally to know the state of all stores and see the wants supplyed to find the Hulls Masts Yards and estimate the value of repairs by Indentures to charge all Boatswains and Carpenters of His Majesties Navy with what stores they receive and at the end of each voyage to state and audit their Accounts his Salary is 490 l. Clerk of the Acts Samuel Pepys Esquire whose Office is to record all Orders Contracts Bills Warrants and other businesses transacted by the Principal Officers and Commissioners of the Navy c. Next the Commissioners of the Navy viz. the forementioned Lord Brounker and Sir Jeremy Smith whose Office is as above specified and Salary to each 500 l. yearly Two other Commissioners John Tippets And John Cox Esquires whose particular work is to be at Portsmouth and Chatham alwayes in readiness to give Orders for the better management of His Majesties affairs in his Yards or Store-Houses there Salary to each is 350 l. yearly Each of these Officers above named have two Clerks and some of them more all payd by the Treasurer of the Navy all hold their Places by Patent from the King and the most of them during Pleasure The King hath for his Navy Royal and Stores 4 great Yards or Store-houses viz. at Chatham Deptford Woollwich and Portsmouth where his ships are built repaired and laid up after their voyages In which Yards are employed divers Officers whereof there are six Principal whose Office Names and Salaries follow  Chat. Dep. Wool Port. Clerk of the Check 181 108 98 126 Store-keeper 236 164 128 119 Master attendant 2 at Chatham 200 100 100 108 Master ship-wright 103 113  130 Clerk of the Controll 100 120 80 80 Clerk of the Survey 140 102  84 Note that the charges of their Clerks and Instruments are included in the aforementioned Salaries Besides these four Yards His Majesty hath divers Rope Yards as at Chatham Woolwich and Portsmouth where are made all His Cables and Cordage for His Navy Also in time of a Sea-war the King hath another Yard at Harwich where there is out of War time continued an Officer at the charges of 100 l. yearly Yearly Pensions allowed by the King to to his Flag-Officers whilst they are at Land of Employment Two Admirals  salaries  l. Sir George Askew 250 Sir Thomas Allen 245 Three Vice-Admirals Sir Joseph Jordan 200 Sir Edward Sprag 250 Sir John Herman 200 Three Rere-Admirals  l. Riches 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
Corporations and are so many Bodies Politique Of these there are 12 called the chief Companies and he that is chosen Lord Mayor must be free of one of these Companies which are 1 Mercers 2. Grocers 3. Drapers 4. Fishmongers 5. Goldsmiths 6. Skinners 7. Merchant-Taylors 8. Haberdashers 9. Salters 10. Ironmongers 11. Vintners 12. Clothworkers All which Companies have Assembly places called Halls which are so many Basilikes or Palaces and many of them worthy to be viewed by all Strangers It hath been the custom of some of our Kings to honour some of these Companies by taking their freedom thereof and the present King was pleased to be made free of the Company of Grocers and the present Prince of Orenge lately chose to be made free of the Company of Drapers There are besides near 60 other Companies or Corporations all enjoying large Priviledges by the Kings Gracious Charter granted unto them and fair Halls to meet in For the security and defence of this famous City and River there have been antiently divers Fortresses but that called the Tower of London hath been eminent above all others It is not only a Fort or Cittadel to defend and command both City and River but a Royal Palace where our Kings with their Courts have sometimes lodged a Royal Arsenal where are Arms and Ammunition for 60000 Soldiers the Treasury for the Jewels and Ornaments of the English Crown the only Mint for coyning of Gold and Silver the great Archive where are conserved all the Records of the Court of Westminster the chief Prison for the safe custody of great Persons that are Criminal in short if the great extent thereof within the Walls be considered and its authority over the several Hamlets without and the many high Priviledges and Liberties belonging thereto it may rather be reputed a City then a Cittadel The Tower of London is out of all County or Parish only a small part some hold to be in Middlesex is a liberty of it self exempt from all Taxes to the King to the Church or to the Poor It hath a Parochial Church exempt ftom all Ecclesiastical Jurisdiction of the Archbishop and is a Donative bestowed by the King without Institution or Induction There are Thirteen Hamlets in several Parishes of large extent belonging to the Tower whose Trainbands are all bound to assist the Constable or Lieftenant of the Tower they are all called the Kings Company are to wait on the Kings person in time of need and to go no farther than the King Within the Tower is kept the Office of Master of the Ordnance called in France le grand Mastre de l' Artillerie so called ab arte telorum mittendorum and hath been alwayes an Office of great Account and Importance commonly conferred on persons of great eminency and integrity It hath the ordering of that grand Magazin there lodged wherein and at the Minories Woolwich and Chatham is Ammunition at all times for as many Land and Sea forces as may not onely defend England but be formidable to all our Neighbours The place of Master of the Ordnance is since the death of that accomplished Gentleman Sir William Compton executed by Commissioners viz. by the Lord John Berkley now Lord Lieutenant of Ireland Sir John Duncomb Knight and Thomas Chichely Esquire Lieutenant of the Ordnance is David Walter Esquire and Groom of his Majesties Bed-chamber and the Pay-master is Captain George Wharton Surveyor is Jonas More Esquire Keeper of the Stores is Richard March Esquire Clerk of the Ordnance is Richard Sherborn Esquire Clerk of the Deliveries is George Clerk Esquire Under which several Officers there are many Officers and Servants for brevity sake to be passed over The forementioned Commissioners have the charge and superintendence of all the Ordnance Arms offensive Ammunition of War by Sea and Land The Lieutenant of the Ordnance is Treasurer doth receive and disburse all moneys touching this Office The Surveyor of the Ordnance doth supervise all Arms. Clerk of the Ordnance is to record all Orders touching that Office Keeper of the Stores is to have the custody of all the Arms offensive Clerk of the Deliveries takes Indentures for all Stores issued out All these hold by Patent immediately from the King All Inferior Officers and Artificers places are in the gift of the Master or Commissioners of the Ordnance Moreover in the Tower is kept the office of Warden of the Mint where onely of later times is minted all the Bullion that is minted in England The Warden of the Mint is a very considerable charge and is at present Sir Anthony St. Leger Master Worker is Henry Slingsby Esquire Comptroller is James Hore Esquire These hold by Patent of the King Assay-Master to try the pureness of the Mettal is Mr. John Brittle Surveyor of the Meltings and Clerk of the Irons is Mr. Thomas Swallow There is moreover a Weigher a Teller and a Graver all which five last named Officers hold also by Patent from the King but are to be approved by the three first Commissioned Officers in whose custody is all Money or Bullion brought in by the Subject There are besides many other Inferior Officers and Servants belonging to the Mint The office of His Majesties Records kept in the Tower of London is of venerable Antiquity and the place of Keeper and Deputy of the same dignified with special trust whereof Sir Algernon May Knight is at present the Keeper salary 500 l. per annum and William Ryley Esquire of the Inner Temple is Deputy thereof This place is properly in the Master of the Ro'ls his gift and then His Majesty by His Letters Patents hath usually confirmed it As the Chappel of the Rolls in Chancery-lane and Petty-Bag office doth fill with Records out of other Offices they are transmitted into the Tower after some years for it hath been the wisdom and care of former Ages to send the Records of several Courts to the Tower for their preservation and safety not onely as a Policy of State but the particular Interest of all Men having Estates requiring it there being many precedents for it remaining in the Records of the Tower and a particular Form of a Writ to send the Records in the Chappel of the Rolls to the Tower of London The Records of the Tower amongst other things contain the Foundations of Abbeys and other Religious Houses and the Records in the Rolls contain the dissolution of those Abbeys and the donation of the Lands of which many Families are now possest and if those Records were all in one place the people might have access unto them all under one and the same search and charge which would be a great ease and benefit to the people and a safety to the Records of this Nation Besides these Records at the Rolls being joyned to those in the Tower will make a perfect continuance of all the Ancient Rights of the English Nation which are now set forth in the Records of the Tower whereof these
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
of Venice and as it doth the Senators of Rome at this day c. The time of sitting in Parliament is on any day in the morning or afore dinner onely it hath antienly been observed not to assemble upon some high Festival days but upon ordinary Sundays oft-times as days accounted by all Christians less solemn then divers other Festivals which are celebrated but once a year When the day prefixt by the King in his Writs of Summons is come the King usually cometh in person with his Crown on his Head and clothed with his Royal Robes declares the cause of the Summons in a short Harangue leaving the rest to the Lord Keeper who then stands behind His Majesty the Commons in the mean time standing bare at the Barr of the Lords House are afterwards in the Kings name commanded to choose them a Speaker which without the Kings Command they may not do whereupon they returning to their own House make choice of one of their own Members whom afterwards upon another day they present to the King and being approved of by His Majesty sitting in his Chair and all His Lords both Spiritual and Temporal in their Robes of Scarlet he makes a modest refusal which not allowed he petitioneth His Majesty that the Commons may have during their sitting First a free Access to his Majesty Secondly Freedom of Speech within their own House Thirdly Freedom from Arrests Before any affair be medled with all the Members of the House of Commons take the Oath of Allegiance and Supremacy in the presence of an Officer appointed by the King By that old Manuscript called Modus tenendi Parliamentum it doth appear that the House of Commons did antiently as the House of Lords at this day consist of Clergy-men as well as Lay-men there sate the Procuratores Cleri two for each Diocess representing all the Clergy-Commons of the Diocess as the Knights of the Shire doth all the Lay-Commons of the Shire for it was then judged expedient that every Freeman of England as well Clergy as Laity should in passing of all Laws touching propiety whereunto they were to be subject give their consent personally or immediately by themselves or else by some that by their Election should mediately undertake for them and the words of the Writ for summoning the Procuratores Cleri as aforesaid seem to warrant the same at this day The Power and Priviledges of both Houses of Parliament are divers and distinct one from an other The Lords House hath a power not onely in making and repealing Laws but also in tractando consilium impendendo 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 Errours Illegal proceedings in other Courts in Appeals from Decrees in Chancery c. The Lords that in their Religion conform not to the Church of England may yet sit and have Suffrage in the Lords House All the Lords Spiritual and Temporal have this Priviledge That if by reason of Sickness or other business they cannot appear they may make Proxies to vote in their stead after Licence obtained by a Letter under the Kings Signet to be excused for their absence so that in every Parliament every person in England either by himself Proxy or Representative is said to be there and to have his Suffrage for making or repealing any Law The Commons have also a power in making and repealing Laws they also have their Negative Voyce for Levying of any money upon the Subject the Bill is to begin in the Commons House because from them doth arise the greater part of Moneys The Commons have the Priviledge to supplicate and propose Laws to impeach publick Delinquents even the highest Lords of the Kingdom both Spiritual and Temporal The House of Commons is the Grand Inquest of the Realm summoned from all parts to present publick grievances and Delinquents to the King and Lords to be redressed and punished by them and to this purpose the Lords sit in their Robes on the Bench covered as Judges do in other Judicatories they swear and examine Witnesses and at length pass sentence whilst the Members of the Commons House stand bare at the Bar of the Lords House produce Witnesses mannage evidence c. Note that although every Member of the Commons House is chosen to serve for one particular County City or Burrough yet he serves for the whole Kingdom and his voyce equal to any other his power absolute to consent or dissent without ever acquainting those that sent him or demanding their assent as the States General of the United Neatherlands are obliged to do in many Cases Yet are they to make that their special care to promote the Good of that County City or Borough for which they serve Although the Lords of Parliament are to bear their own charges because they represent there only themselves yet all the Commons both Lay and Clergy that is the Procuratores Cleri are to have rationabiles Expensas as the words of the Writ are that is such allowance as the King considering the Prices of all things shall judge meet to impose upon the people to pay In the 17 Edward 2. it was 10 groats for Knights and 5 groats for Burgesses but not long after it was 4 s. a day for dubbed Knights and 2 s. for all others which in those days as appears by the prices of all things was a considerable sum above 20 times more than it is now for not onely their expences were considered though that was great by reason of the sutable attendance that then every Parliament man had but also their pains their loss of time and necessary neglect of their own private affairs for the service of their Country and when the Countries Cities and Burroughs paid so dear for their expences they were wont to take care to choose such men as were best able and most diligent in the speedy dispatch of affaires by which means with some other more business in those times was dispatched in Parliament in a week then is now perhaps in ten so that the Protections for Parliament men and their Servant from Arrests were not then grievous when scarce any Parliament or Session lasted so long as one whole Term. In the Raign of Edward 3. the Parliaments sometimes sate but eight days and sometimes less as may be seen in the Records of the Tower and yet transacted several and weighty affairs of the Nation many things being prepared before hand as some think by the King and his privy Council as they are at present in Sweden and that commonly they then debated onely upon such things as the King did propose which is now done by the Convocation of the Clergy of England The afore-mentioned expences being duly paid did cause all the petty decayed Burroughs of England to become humble Suitors to the King
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