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.
Next is the Auditor of the Receipts Sir Robert Long whose Office is to file the Bills of the Tellers whereby they charge themselves with all moneys received and to draw all Orders to be signed by the Commissioners of the Treasury for issuing forth all moneys by vertue of Privy Seals which are recorded and lodged in his Office He also makes debentures to the several Persons who have Fees Annuities or Pensions by Letters Patents from the King out of the Exchequer and directs them for payment to the Tellers He receives every week the state of the account of each Teller and also weekly certifies the whole to the Commissioners of the Treasury who immediately present the estimate or Ballance to the King He takes the Tellers Accounts in gross at Easter and Michaelmas By him are kept the several Registers appointed for paying all persons in course upon several Branches of the Kings Revenue He is Scriptor Taliorum hath five Clerks to manage the whose estate of Moneys received disbursed and remaining Next there are four Tellers Laurence Squib John Loving Esquires Sir George Downing aforementioned and Sir William Doily Kt. Their Office is to receive all moneys due to the King and thereupon to throw down a Bill through a Pipe into the Tally Court where it is received by the Auditors Clerk who there attends to write the words of the said Bill upon a Tally and then deliver the same to be entred by the Clerk of the Pells or his under Clerk who there attends to enter it in his Book then the Tally is cloven by the two Deputy Chamberlains who have their Seals and while the Senior Deputy reads one part the Junior examines the other part with the other two Clerks Clerk of the Pells is William Wardour Esquire whose Office is to enter every Tellers Bill into a Parchment skin in Latin Pellis whence this Office hath its name all receipts and payments for the King for what cause or by whom soever and is in nature of a Comtroller hath four Clerks whereof one is for the Introitus and another for the Exitus Moreover he is to make weekly and half yearly Books both of the Receipts and Payments which are delivered to the Commissioners of the Treasury In the Tally Court sit the Deputies of the two Chamberlains Edward Faulconbridge and John Low Esquires who cleave the Tallies and examine each piece a part A Tally in the Exchequer from the French Verb Tailler to cut is a very antient and most certain way of avoiding all cozenage in the Kings Revenue the like no where else in Christendom and is after this manner He that payes the King any moneys receives for his Acquittance a Tally that is the one half of a stick cloven with certain proportionable Notches thereon expressive of the sum from the said Deputy Chamberlains who keep the other cloven part of the stick called the Foyl and deliver it to the Tally-Joyners on the other side of the Exchequer who are also Deputies to the Chamberlains and they joyn it with the Foyl which agreeing they give it their Test and send it by an Officer of their own to the Pipe where their Quietus est is engrossed in Parchment Other Officers in the Exchequer are the two Ushers Robert and Philip Packer Esquires whose Office is to take care to secure the Exchequer by day and by night and all the Avenues leading to the fame and to furnish all necessaries as Books Paper c. There is also a Tally Cutter and four Messengers By long continuance and the wisest contrivances that the ablest men of many ages could invent the Exchequer of the King of England is become the best ordered publick Revenue in the world Though the number of Officers in the Exchequer is far greater than in any other of the Kings Courts yet not near so great as the Financiers and other Officers belonging to the Revenues of the French King who are so many that their Fees eat up three parts in four of the whole Revenue whereas for rewarding all the Officers in the English Exchequer whereof most are ever persons of Estates Parts and great Integrity it costs the King a very inconsiderable sum of money as will easily appear to any one who shall consider that in case of a gift from the King of Moneys or Pension out oâ— his Exchequer he that receives it pays but 5 l. per cent amongst the Tellers Auditors Clerk of the Pells and their Clerks and to all other Officers whatsoever and which is remarkable there goes not amongst the said Officers and Clerks so much as 5 s. per cent out of publick Payments as for the Navy Ordnance Wardrobe Mint to the Cofferer Treasurer of the Chamber c. In case of Moneys paid in by any of the Kings Tenants Receivers it costs them sometimes but six pence and at most but 3 s. for every payment under a thousand pounds and that goes only to the Clerks for their pains in writing and attending The bringing in of all moneys to the King costs his Majesty amongst Receivers Collectors and all others in the Country not above 2 s. in the pound and at his Exchequer it costs him in a manner nothing at all for the Tellers who are bound to the King in 20000 l. security for the true discharge of their great trusts have under 33 l. per an for their Salary from the King and the two Clerks of each Teller who constantly attend their Offices have nothing at all from the King The Court of the Dutchy of Lancaster THere is another Court at Westminster called the Court of the Dutchy of Lancaster which takes Cognizance of all Causes that any way concern the Revenue belonging to that Dutchy which hath been long since annext to the Crown The chief Judge of this Court is the Chancellor of the Dutchy who is assisted by the Atturney of the Dutchy There are divers other Officers of this Court a list of whose Names here follow Sir Thomas Ingram Chancellor and one of His Majesties most honourable Privy Council Sir John Heath Atturney Genera Sir John Curzon Receiveâ— General Sir Thomas Trevor Knight of the Bath and John Fanshaw Esq Auditors Sir Gilbert Gerard Clerk of the Dutchy Thomas Desborough Messenger This Court is kept at Westminster by the Lower Exchequer and the Office of Sir Gilbert Gerard at Grays Inn. Of the High Court of Chancery NExt to the Kings Bench in Westminster-Hall is wisely placed this High Court to mitigate the Rigour of that it is called Curia Cancellariae as some judge because as some think the Judge of this Court sate antiently intra Cancellos or Lattices as the East end of our Churches being seperated per cancellos from the body of the Church as peculiarly belonging to the Priest were thence called Chancels This Court is the Officina Justiciae the Womb of all our Fundamental Laws the Fountain of all our proceedings in Law the Original of all other Courts
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
Council is seldom or never held without the presence of one of them at the least Their employment being of extraordinary trust and multiplicity renders them most considerable both in the eyes of the King upon whom they attend every day as occasion requires and of the Subjects also whose requests and desires are for the most part lodged in their hands to be presented to the King and always to make dispatches thereupon according to His Majesties Answers and Directions As for Forraign Affairs the Secretaries divide all the Kingdoms and Nations which have intercourse of business with the King of England into two grand Provinces whereof each Secretary taketh one to himself receiving all Letters and Addresses from and making all dispatches to the several Princes and States comprehended within his own Province But in all matters of home concern whether they relate to the Publick or to particular persons both the Secretaries do equally and indistinctly receive and dispatch whatsoever is brought to them be it for the Church the Militia or private Grants Pardons Dispensations c. They have this special Honour that if either of them be a Baron he taketh place and hath the precedence of all other persons of the same degree though otherwise by their Creation some of them might have right to precede him and a Knight in like manner if he hath no other qualification They have their several Lodgings appointed them in all the Kings Houses as well for their own Accommodation as for their Office and those that attend upon it They have also a very liberal Diet at the Kings charge or Board-wages in lieu of it To shew how considerable their place is their setled allowance from the King in Salary and Pension is little less than Two thousand pounds Sterling per annum to each of them The Secretaries and Clerks whom they imploy under them are wholly at their own choice and have no dependance upon any other power or person besides themselves They have the Custody of that Seal of the King which is properly called the Signet the use and application whereof gives denomination to an Office constantly attending the Court called the Signet Office wherein there are four Clerks who wait alternately by Months and prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The present Secretaries of State are Henry Lord Arlington whom for his eminent Services at home and abroad both in War and Peace His Majesty was pleased to advance into the place of Sir Edward Nicholas And Sir John Trevor who for his great abilities and succesful Negotiations had that Trust and Honour conferred upon him when Sir William Morice late Secretary of State was by His Majesties gracious consent permitted to retire from business Waiting on the Privy Council there are Four Clarks in Ordinary who waite by Months each one he that comes in is always a week before and a week after his Month to assist there Their Office is to read what is brought before the Council and draw up all such Orders as the King and Lords shall direct and cause them to be Registred They are these that follow Sir Richard Brown Sir Edward Walker Sir John Nicolas Sir Robert Southwel Salaries to each 250. l. besides Fees for Orders and Letters c. Beside the forenamed Officers there is a Keeper of the Records John Woolly Esq no Fee Two Keepers of the Council Chamber Fee to each 45 l. Thirty Messengers whereof Ten at a time by turns waite every Moneth Fee to each 45 l. These upon Occasion are sent by Warrant of the Lords of the Privy Council to fetch any Person under the Degree of a Baron and to keep him Prisoner in his House till farther order Attending on the Secretaries are the Clerks of the Signet or Little Seal which is always in the Custody of the Secretaries for sealing the Kings Private Letters and for all such Grants as pass His Majesties hands by Bill assigned Of these Clerks there are four Sir John Nicholas Knight of the Bath Sir Philip Warwick Knight Trumbal Esquire and Sidney Bear Esquire These have no Fee from the King but onely Dyet which at Pension is 200 l. yearly Their Office is in Whitehall they waite by Month each of them three Months in a year One of them alwayes attends the Court wheresoever it removes and by Warrant from the King or Secretaries of State or Lords of the Council prepare such Bills or Letters for the King to sign as not being matters of Law are by any Warrants directed to them to prepare In their Office all Grants either prepared by the Kings learned Council in the Law or by themselves for the Kings hand when signed are returned and there transcribed again and that transcription is carried to one of the Principal Secretaries of State and Sealed and then it is called a Signet which is directed to the Lord Privy Seal and is his Warrant for issuing out a Privy Seal upon it which is prepared by the Clerks of that Seal is sufficient for the payment of any Moneys out of the Exchequer and for several other uses but when the nature of the Grant requires the passing the Great Seal then the Privy Seal is an Authority to the Lord Keeper to pass the Great Seal as the Signet was to the Lord Privy Seal to affix that Seal to the Grant but in all three Offices viz. Signet Privy-Seal and Great-Seal the Grant is transcribed So all which passes from the King hath these several ways of being considered before perfected There are also four Clarks of the Privy Seal viz. the Lord Sandwich whose Interest for his life is in one Mr Watkins Mr Baron Master Bickerstaff and Mr. More of their Office is to be seen in Stat. 27. of Henry 8. worthy to be noted To this Office in time when the Court of Request is in being belongs the Sealing of all Commissions and other process out of that Court. Moreover depending on the Secretaries of State is an antient Office called the Paper-Office the Keeper whereof hath in his Charge all the publick Papers Writings Matters of State and Counsel all Letters Intelligences Negotiations of the Kings publick Ministers abroad and generally all the Papers and dispatches that pass through the Offices of the two Secretaries of State which are from time to time transmitted into this Office and here remain disposed by way of a Library within His Majesties Palace of Whitehall This considerable Officer hath a Fee of 160 l. per annum payable out of the Exchequer and is at present that very worthy person Joseph Williamson Doctor of Laws After the Kings most Honorable Privy Council that Primum mobile or rather that Resort or Spring may be considered the Great wheeles first moved by that Spring which are the Convocation for the Ecclesiastical Government and the Parliament for the Civil But for the better understanding of the Ecclesiastical Government it will be
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
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