c. And for their Accompts and many other things as Estreat-Rules all Charters and Letters Patent whereupon any Rents are reserved to the King and formerly here were Two Secondaries and Ten other Sworn Clerks If any Clerk make Process for any Debt paid the Tallies whereof are joyned and allowed he shall lose his Office be Imprisoned c. He maketh Entry of Record of Sheriffs and Accomptants paying their proffers at Easter and Michaelmas and makes Entry of keeping their days of Prefixion The Green Wax is certified into his Office and by him delivered to the Clerk of Estreats All Accompts of Customers Comptrollers c. are here entred to avoid all delay and concealment The Clerk of the Pipe the Original Institution of whose Office was from a Conduit or Conveyance of Water into a Cistern For all Accompts and Debts to the King are drawn from and delivered out of the Offices of the Kings Remembrancer and Lord Treasurers Remembrancer c. and charged in the Pipe So as whatsoever is in charge in this Roll or Pipe is said to be duly in charge In the Patent of this Office he is called Ingrossator Magni Rot ' in Scaccario Here are under him Eight Sworn Clerks Here Accomptants have their Quietus est and Leases are made of Extended Lands Comptroller of the Pipe He writeth out Summons twice every year to the high Seriff to levy the Farms and Debts of the Pipe and keepeth a Comptrolment or Roll of the Pipe Office Accompts Clerk of the Pleas in whose Office all the Officers of the Exchequer and 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 Trials as at Common Law because they should not be drawn out of their Court where their attendance is required In this Office are Four Sworn Attorneys Foreign Opposer to whom all Sheriffs repair to be opposed of their Green-wax and from thence is drawn down a charge upon the Sheriff to the Clerk of the Pipe Clerk of the Estreats or Extracts is every Term to receive from the Office of the Treasurers Remembrancer all Debts or Sums to be levied for the King's use and to make Schedules for such Sums as are to be charged Auditors of the Imprest are Two who Audit the great Accompts of the King's Customs Wardrobe Mint First-fruits and Tenths Naval and Military Expences Moneys Impressed c. Auditors of the Revenue are Seven These Audit all the Accompts of the Kings other Revenue that ariseth by Aids Auditors of the Receipts is a kind of Filazer for he Files all Tellers Bills and Enters them Secondly He is a Remembrancer for he giveth the Lord Treasurer a Certificate of the Money received the Week before Thirdly He is an Auditor for he maketh Debentures to every Teller before they pay any Money and taketh and audietth their Accompts and keepeth the Black Book of Receipts And the Lord Treasurers Key of the Treasury and seeth every Tellers Money Locked up safe in the new Treasury Remembrancer of the first Fruits Executed by Two Deputies they take all compositions for First-Fruits and Tenths and make out Process against all which pay not the same Clericus Nihilorum maketh a Roll of all such Sums as the Sheriffs upon Process of the Green-wax return Nihil and delivers that Roll into the Office of the Lord Treasurers Remembrancer to have Execution done of it for the King Mareschallus To this Officer the Court committeth the keeping of the Kings Debtors during the Sitting of the Term to the end they may provide to pay the Kings Debts or be further Imprisoned such Offices as are found Virtute Officij and brought into the Exchequer are delivered to him to be delivered over to the Lord Treasurer's Remembrancer He also appointeth Auditors to Sheriffs Escheators Customers and Collectors for taking their Accompts Clericus Summonitionum Clerk of the Summons Deputati Camerarij which are Two called Under-chamberlains of the Exchequer They cleave the Tallies written by the Clerk of the Tallies and read the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true They also search for Records in their Treasury And there are other Officers as Clerk of the Parcels Usher of the Exchequer whose Office is Executed by a Deputy and four Under-ushers In the Lower Exchequer are these Officers THe Lord High Treasurer of England of whose Office and Dignity we have spoken before in the uppeâ— Exchequer And concerning the course of the Receipt in this Exchequer you may read more in Rot ' Claus ' 39 E. 3. M. 26. The other Officers there are one Secretary And next is The Chancellor who hath a principâ—â— power not only in the Exchequer Court but there also in the managing and disposing of the Kings Revenue Two Chamberlains in whose Custody are many ancient Records Leagues and Treaties with Foreign Princes The Standards of Moneys Weights and Measures The Famous Books called Doomesday and the Black Book of the Exchequer Four Tellers Their Office is to receive all Moneys due to the King and thereupon to throw down a Bill through a Pipe into the Chamberlains or Tally Court. Clerk of the Pells is to enter every Tellers Bill in a Parchment Skin in Latin Pellis whence this Office hath its name The Two Deputy Chamberlains Sit in the Tally Court cleave the Tallies and examin each piece a part as is said before in the Upper Exchequer Two Ushers who take care to secure the Court by Day and Night and all the Avenues leading to the same and are to furnish all Books Paper c. One Tally Cutter who provides fitting Hazel cuts them square and of full lengths and hath dividend Fees with the other Officers of the Party who sueth it out The Four Messengers of the Receipt are Pursuivants Attendants upon the Lord Treasurer for carrying his Letter and Precepts to all Customers Comptrolers and Searchers and all other His Majesties Messages where the Lord Treasurer shall command them In case of any Pension given by the King there is only 5 l. per Cent. paid to all the Officers for all publick payments not 5. s. for the Hundred pounds For all Moneys paid in by the King's Tenants or Receiver it costs them but 6 d. or at most but 3 d. for every payment under 1000 l. The Collectors and Receivers cost the King not above Two in the pound and at his Exchequer it costs nothing For the Course of the Exchequer and Duty of the several Officers you may Read in the Authors who have treated thereof more at large There is a General Statute concerning all the Courts of the King made 2 Hen. 6. cap. 10. That all Officers made by the King's Letters Patents within his Courts which have Authority ab antiquo to appoint Clerks and Ministers within the said Courts shall be Sworn
will require a whole Treatise 4 Co. Inst 23. The Lords give their Voices from the Puisne Lord Seriatim Content or not Content The Commons give their Votes by Yeas and Noes and if it be doubtful Two are appointed one for the Yeas another for the Noes to number them the Yeas going out and the Noes sitting still as being content with their Condition but at a Committee although of the whole House the Yeas go on one side and the Noes on the other whereby the greatest number will easily appear The Royal Assent to Bills passed both Houses is given in this manner The King Sitting in his Throne of State with his Crown on his Head in his Royal Robes and the Lords in their Robes The Clerk of the Crown Reads the Title of the Bills to which the Clerk of the Parliament according to directions from the King Answers if a publick Bill Le Roy le veut if a private Bill Soit fait comme el est Desire or otherwise Le Royn s'advisera being a absolute Denial in a Civil way If it be a Bill for Money given his Majesty then the Answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut The Bill for the King 's General Pardon hath but one Reading in either House for this Reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same Reason When the Bill for the General Pardon is passed by the King the Answer is thus Les Prelates Seigneurs Communes en ce Parliament Assembles au nom de tous vos autres Sujets remercient tres humblement votre Majeste prient Dieu vous donner en sante bonne Vie longue All Acts of Parliament before the Reign of Hen. 7. were passed and enrolled in Latin or French now in English Most of our ancient Acts of Parliament run in this Stile The King at the Humble Request of the Commons with the Assent of the Prelates Dukes Earls and Barons hath Ordained or Enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth Enact Of latter times it hath been thus Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons Although the words of the Writ for Summoning the Commons is only ad Consentiendum and not ad consilium impendendum as it is in the Writ to the Lords The Adjourments are made in the Lords House by the Lord Chancellor to what other Day or Place the King thinks fit The Prorogations are made in the same manner only a Prorogation makes a Sessions and puts an end to all Bills not passed the Royal Assent At the Dissolution of the Parliament the King commonly comes in Person sending for the House of Commons After Speeches made the Lord Chancellor by the King's Command Declares the Parliament Dissolved The House of Commons is not prorogued or adjourned by the prorogation or adjournment of the Lords House but the Speaker upon signification of the King's pleasure by the assent of the House of Commons doth say This House doth Prorogue or Adjourn it self But when it is Dissolved the House of Commons are sent for up to the Higher House and there the Lord Keeper by the King's Commandment Dissolveth them And it may be observed That as the Parliament cannot begin without the King's presence either in Person or by Representation so it cannot end without Nihil enim tam conveniens est Naturali Aequitati unumquodque Dissolvi eo Ligamine quo ligatum est Coke's 4 Inst 28. The Proceedings and Transactions being referr'd to Authors who have Written thereof at large we shall only mention some remarkable things concerning the same And first Any Lord upon just cause to be absent may make his Proxy but he cannot make it but to a Lord of Parliament And a Commoner may not make a Proxy King John in the Thirteenth year of his Reign sent Embassadours to Admiralius Murmelius Great Emperour of Turkey Sir Thomas Harrington and Sir Ralph Nicholson Knights and Sir Robert of London Clerk Nuncios suos Secretissimos to offer to be of his Religion and become Tributary to him and He and his Subjects would be his Vassals and to hold his Kingdoms of him But that Infidel Great Prince as a thing unworthy of a King to Deny his Religion and betray his Kingdom utterly refused to accept King John the next year surrendred his Kingdoms of England and Ireland to Pope Innocent the Third paying 1000 Marks for them which being afterwards Demanded with Homage by the Pope Anno 40. Ed. 3. In full Parliament it was fully agreed That Answer should be Returned That niether King John nor any for him could put Himself his Realm or People in any Subjection without their Consent And that if the Pope did attempt to gain it by Force they would resist with all their power Rot. Parl. 4.2 Ed. 3. It is Declared in full Parliament That they could not assent to any thing in Parliament that tended to the Disherison of the King or his Crown whereunto they were sworn By the Law and Custom of Parliament when any New thing is Devised they may Answer That they dare not Consent to it without Conference with their Countries Co. 4 Inst 14 34. As every Court of Justice hath Laws and Customs for its directions some by the Common Law some by the Civil Law and Canon Law some by Peculiar Laws or Customs c. so the High Court of Parliament Suis propriis Legibus Consuetudinibus subsistit Informations were preferr'd by the Attorney General against 39 Members of the House of Commons for Departing without the King's License whereof six submitted to their Fines and Edmund Plowden the Learned Lawyer pleaded That he remained continually from the beginning to the end of the Parliament and took a Traverse full of Pregnancy and after his Plea was Sine die per demise le Reigne In the Kings-Bench Upon Petition of Right to the King either in English or in French and the Answer thereunto Fiat Justitia a Writ of Errour may be had directed to the Chief Justice of the Kings-Bench to remove a Record in praesens Parliamenâ—um An Act of Parliament must have thâ— Assent of King Lords and Commons but if it want this Threefold Consent it is not an Act but an Ordinance Of Acts of Parliament some be Declaratory of the ancient Law some be Introductory of a New Law and some be of both kinds by addition of greater Penalties or the like In ancient Times all Acts of Parliament were in form of Petitions and for the several Forms of Acts of Parliament see the Prince's Case 8 Co. Rep. 20. The Passing of a Bill doth not make a Sessions but the
Commercij may be with an Infidel Pagan and Idolater and those Leagues are established by Oaths whether the Infidel or Pagan may Swear by False Gods seeing he thereby offendeth the True God by giving Divine Worship to False Gods St. Austin moved by Publicola resolveth That he who taketh the Credit of him that sweareth by False Gods not for any Evil but Good doth not joyn himself that Sin of Swearing by Devils but is partaker of those Lawful Leagues wherein the other keepeth his Faith and Oath But if a Christian should any way induce another to Swear by them herein he should grievously sin And the League in these Cases is warranted by the Word of God Et per Praxin Sanctorum in Sacra Scriptura all incidents thereunto are permitted In ancient time no Ambassador came into this Realm before he had Safe Conduct For as no King can come in without the King's License or Safe Conduct so no Prorex c. which representeth a King's Person can do it For Safe Conducts see the Writs in the Register and the Statute of the 15th 18th and 20th of Henry the 6th with all Incidents thereunto King Henry the 7th that Wise King would not in all his time suffer Lieges Ambassadors of any Foreign King or Prince within his Realm nor he any with them but upon occasion used Ambassadors Every Ambassador ought to have Four Qualities Nuntie sis verax tacitus celer atque fidelis And of him another saith Foederis Orator Pacis via Terminus Irae Semen Amicitiae Belli fuga Litibus hostis The difference between a League and Truce is that a Truce is a Cessation from War for a certain time A League is a perfect striking of Peace It 's said 9 E. 4. That a League between Two Kings without naming of Successors doth not extend to Successors notwithstanding by our Law Rex non intermoritur See more of this and Ambassadors to the Pope and General Councils c. Co. 4 Inst cap. 26. The Court of the King of England IS a Monarchy or Common-wealth within a Monarchy consisting of Ecclesiastical Civil and Military Persons and Government And for The Ecclesiastical Government of the King 's Court. IS a Dean of the King's Chappel chosen by the King and acknowledgeth no Superiour but the King For as the King's Palace is Exempt from all Inferiour Temporal Jurisdiction so is his Chapel from all Spiritual His Fee is 200 l. per Annum and a Table And By the Dean are chosen all other Officers viz. A Sub-Dean or Praecentor Capellae Fee 100 l. Thirty Two Gentlemen of the Chappel whereof Twelve are Priests and one of them is Confessor to the Houshold whose Office is to Read Prayers every Morning to the Family to Visit the Sick to Examine and prepare Communicants to Inform such as desire Advice in any case of Conscience or point of Religion c. The other Twenty Gentlemen called Clerks of the Chappel are with the aforesaid Priests to perform the Office of Divine Service in Praying Singing c. One of these being well skilled â—n Musick is Master of the Children whereof there are Twelve in Ordinaâ—y To instruct them in the Rules and Art of Musick for service of the Chappel Three other of the said Clerks â—re Organists to whom upon Sundays Collardays and other Holydays are â—oyned the Sack-Buts and Cornets beâ—onging to the King 's private Musick Their Fee to each is 70 l. per Annum Four Vergers so called from the Silver Rods they carry in their Hands Also a â—erjeant a Yeoman and a Groom of the Chappel The King hath also his Private Oratory where some of his Chaplains read Divine 8ervice unto him on Working-days every Morning and Evening Twelve principal Feast-Days in the Year are called Offering-Days viz. Christmas Easter Whitsunday and All Saints called Houshold-Days upon which the Besant or Gold to be Offered is delivered to the King by the Lord Steward or some other of the principal Officers then New Years-Day and Twelfth-Day upon the latter of which are offered Gold Frankinsence and Myrrh in several Purses Lastly Candlemass Annunciation Ascension Trinity Sunday St. John Baptist and Michaelmas-Day when only Gold is offer'd These Offerings made by the King to God In Signum Speciale Dominij after Divine Service or at the Offertory he being attended by the Principal of the Nobility with their Collars of the Garter did anciently belong to the Archbishop of Canterbury's Disposal But now are to be Dispos'd by the Dean of the Chappel amongst the Poor The Lord High Almoner who is the Bishop of London for the time being disposeth of the King's Alms and besides all Money allowed by the King hath all Deodands and Bona Felonum de se for that purpose And under him is A Sub-Almoner Two Yeomen and Two Grooms of the Almonry The High Almoner hath no Fee his Sub-Almoner hath Fee 6 l. 6 s. 10 d. The Clerk of the Closet or Confessor to His Majesty who is to attend at the King 's Right Hand during Divine Service to Resolve all Doubts concerning Spiritual Matters to wait on His Majesty in his private Oratory or Closet and his Fee is Twenty Nobles And there is A Keeper of the Closet whose Fee is 5 l. per Annum The King hath also Forty Eight Chaplains in Ordinary besides the Extraordinary who wait by Turns Four every Month. Anciently at Court were Sermons in Lent only and that in the Afternoons in the open Air by Bishops Deans or principal Prebendaries And them also appointed by the Archbishop of Canterbury Now on Ashwednesday in the Morning begins the Dean of the Chapel to Preach on each Wednesday after one of the Chaplains Every Friday the Dean of some Cathedral or Collegiate Church On Good Friday the Dean of Westminster on every Sunday a Bishop and on Palm Sunday an Archbishop On Easter-day the Lord High Almoner The Civil Government of the King 's Court. THe Lord Steward is the Chief Officer of the King's Houshold to whom is committed the State of the King's House and all his Commands in Court to be obey'd He hath Authority over all except those of his Majesties Chappel Chamber and Stable He is a White Staff Officer and by his Office without any other Commission Judgeth of all Treasons Felonies Bloodsheds within the King's House or within the Verge which is 12 Miles round the Tunnel of the Court only London by Charter is Exempted And this Jurisdiction of the Verge hath from ancient time been executed by the Lord Steward with great Ceremomony in the nature of a peculiar King's Bench and that not only within but without the King's Dominions The Lord Chamberlain is the next Officer who hath Oversight of all the Officers belonging to the King's Chamber except the Precincts of the King's Bed Chamber which is wholly under the Groom of the Stole and all above Stairs who are all Sworn by him Or by his Warrant to the Gentlemen Ushers to the King
Servants of the Houshold at a Day Place and under a pain therein appointed to appear whereof the Judges or Officers before whom they shall be returned shall cause 12 without Challenge to be allowed except for Malice To try the Offenders and if they are Found Guilty of Treason Murder or Manslaughter they shall have Judgment of Life and Member and other Forfeitures as if Tried by the Common Laws of the Realm If Guilty of Strking whereby Bloodshed Then to have his Right hand stricken off Imprisonment during Life and Fine and Ransom at the Kings Pleasure The Execution to be done in the Solemn manner by the Act directed A Cryer to be appointed from time to time to call Juries make Proclamations and do other things belonging to the Cryer of the Court. The Coroner to be appointed from time to time by the Lord Steward Tryal of Peers as hath been used The Priviledges and Authorities of the Marshalsea Court within the Verge saved The Limits and Bounds of the said House or Houses to be for these offences within all the Edifices Courts c. within the Porters Ward or within 200 Foot of the Standard of any Gate or Gates of the said Houses This Act extends not to any Nobleman or other Person that shall Strike to correct his Servants or any of the Councel or other Head Officers Striking with their Hand of small Strick in Executing their Office To Steal the Kings Goods or entring his House to Steal shall be Felony Vide le Statute at large The Servants in Ordinary above Stairs THe Groom of the Stole that is according to the Greek from whence the Latin and French derive it Groom or Servant of the Robe or Garment he having the Honour to present and put on His Majesties first Garment or Shirt every Morning and to order things of the Bed-chamber The Gentlemen of the Bed-chamber consisting of the prime Nobility of England Their Office in general is To Wait a Week in every Quarter by Turn in the King's Bed-chamber there to lye by the King in a Pallat-Bed all Night and in the absence of the Groom of the Stole to supply his place Moreover they Wait on the King when he eats in private for then the Cup-bearer Carver and Sewers do not Wait. The Fee to each is 1000 l. Of these are Fourteen or more Then there is The Vice-Chamberlain The Keeper of the Privy-Purse Treasurer of the Chamber He pays Riding and Lodging Wages as the Lord Chamberlain shall direct The Master of the Robes belonging to His Majesty's person who is to have the ordering of all His Majesty's Robes as those of Coronation St. George's Feast Parliament and of all His Majesty's Wearing Apparel of his Collar of Esses Georges and Garters beset with Diamonds and Pearls Grooms of the Bed chamber ought to be Twelve these are to be under the Degrees of Knights Their office is to Attend in the King's Bed-chamber to Dress and Undress the King in private and the yearly Fee to each is Five hundred pounds Pages Six whereof one is Keeper of the King's Cabinet Closet Gentlemen Ushers of the Privy-chamber These Wait one at a time in the Privy Lodgings c. and are Four Gentlemen of the Privy Chamber in Ordinary Forty eight Quarter-Wainters by Turns Their office is Twelve every Quarter to Wait on the King's Person within Doors and without so long as he is on Foot and when the King eats in the Privy Chamber they wait at the Table and bring in his Meat they Wait also at Reception of Ambassadors and every Night lye Two of them in the King's Bed-chamber A Gentleman of the Privy Chamber by the King's Commandment only without any written Commission is sufficient to Arrest any Peer of England as Cardinal Woolsey acknowledged These wear Cloak and Sword Grooms of the Privy Chamber in Ordinary Six all Gentlemen of Quality These as all Grooms wait without Sword Cloak or Hat Gentlemen Ushers daily Waiters in the Presence Chamber Four The First whereof hath that considerable Office of the Black Rod and in the time of Parliament is to attend every day the Lord's House and is also Usher of the most Honourable Order of the Garter Their office is to wait in the Presence Chamber and to attend next to the King's person and after the Lord Chamberlain and Vice Chamberlain to order all Affairs and all Under Officers above Stairs are to obey these Gentlemen Ushers Quarter Waiters in Ordinary Eight These wait also in the Presence Chamber and are to give Directions in the absence of the Gentlemen Ushers Daily Waiters to the Grooms and Pages and other Under Officers Gentlemen Waiters Six Cupbearers Five Carvers in Ordinary Four Sewers to the Person in Ordinary Four Esquires of the Body in Ordinary Six Their office is to Guard the King's Person by Night to Set the Watch and give the Word and keep good Order in the whole House by Night as the Lord Chamberlain and his other Officers are to do by Day The Sewers of the Chamber are Eight Groom Porter his Office is to see the King's Lodgings furnished with Tables Chairs Stools and Firing To furnish Cards Dice c. To decide Disputes arising at Cards Dice Bowlings c. Serjeants at Arms Sixteen all Gentlemen or Knights attending upon His Majesty There are also Four other Serjeants at Arms whereof one attends the Lord President of Wales another the Speaker of the House of Commons and another the Lord Lieutenant of Ireland Physicians in Ordinary Four one assigned to the Queen and one to the Houshold besides Twelve more who are not the King 's sworn Servants nor have Fee Master and Treasurer of the Jewel-House and Three Under Officers called Yeomen and Grooms Their office is to take charge of the Gold or Silver Gilt Plate for the King and Queens Table of all Plate in the Tower of Chains and loose Jewels not fixed to any Garment The Master of the Ceremonies Fee 200 l. One Assistant Fee 120 l. and One Marshal One Geographer One Historiographer One Hydrographer One Library Keeper One Poet Laureat One Publick Notary The King 's Great Wardrobe THe Master or Keeper of the Great Wardrobe is an Office of great Antiquity and Dignity High Priviledges and Immunities were conferred by King Henry the Sixth confirmed by his Successors and enlarged by King James the first who ordained this Great Officer should be an Incorporation or Body Politick for ever His Office is to make Provisions for Coronations Marriages and Funerals To furnish the Court with Beds Hangings Carpets and other Necessaries To furnish Houses for Ambassadours at their first Arrival here Presents for Foreign Princes and Ambassadours Cloaths of State and other Furniture for the Lord Lieutenant of Ireland Lord President of Wales and His Majesty's Ambassadours abroad To provide all Robes for the Foreign Knights of the Garter for the Officers of the Garter Coats for Heralds and Pursuivants at Arms Robes for the Lord
And the late King Charles the Second was made Free of the Grocers There are near LX other Companies or Corporations All enjoying large Priviledges by the Charters of several Kings and have Fair Halls to meet in The Military Government in London HIs Late Majesty King Charles the Second after his Restoration sent a Commission of Lieutenancy appointing several Persons His Lieutenants giving them the same Power in London the Lord Lieutenants have in their respective Counties And in pursuance of that Commission the Regiments then in being were New setled in this manner viz. Six Regiments of Trained Bands Commanded by six Citizens Knights and their Lieutenant Colonels all Knights and six Regiments of Auxiliaries In these Twelve Regiments were 20000 Men Then there were Listed Two Regiments of Horse each consisting of five Troops in all 800 Horse But in case of need in London and within the Liberties may in a Few days be Raised 40000 Men. There is in Southwark One Regiment of Trained Bands Fifteen Hundred Men. In the Hamlets of the Tower Two Regiments in all Three thousand Men Then Holbourn Regiment and Westminster Regiment Two thousand each and in case of Necessity they can Raise 20000 more The Artillery Company is as a Nursery of Souldiers and hath been so for above 60 years the late King Charles when Prince of Wales Listed himself therein and the Duke of York did the like at the same time who after the Restoration took upon himself the Command thereof and under him was a Leader who Exercised them every Tuesday Fortnight and the other Tuesday the Exercise was performed by the several Members of the Company who are there Trained up to Command Of this Society are many of the Nobility also the Lord Mayor and most of the Aldermen All the Commanders of the Trained Bands and Auxiliaries here Exercise Arms. This Company consists of 600 Men. Their Officers are A Leader Two Lieutenants Two Ensigns Two Serjeants A Provost Martial Four Gentlemen of Arms c. They have also a Court Martial consisting of A President A Vice-President a Treasurer and Twenty four Members of the Company On the Second Tuesday in February at a General Rendezvous every Year the Officers are Elected For the Security and Defence of this Famous City and River there hath been anciently divers Fortresses But the most Eminent and Chief is that called The Tower of London WHich is not only a Fort or Cittadel to command and defend both City and River but also A Royal Palace where our Kings with their Courts have sometimes Lodged A Royal Arsenal where are Arms and Ammunition for 60000 Men The Treasury for the Jewels and Ornaments of the Crown The only Mint for coyning Gold and Silver The Great Archive where are conserved All the Records of the Courts at Westminster The Chief Prison for the safe Custody of Great Persons that are Criminals and 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 thereunto it may rather be Reputed a City than a Cittadel The Governour of this Important Fortress is the Constable or Lieutenant of the Tower Who is High Steward of a Court there held by Prescription of Debt Trespass and other Actions of any Sum Greater or Lesser and hath a Deputy Before the late Act might refuse a Habeas Corpus may give Protection to all Debtors belonging to the Tower within the Realm of England hath Priviledge to take Unam Lagenam of all Wine-Ships that come Is Virtute Officij to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex and as some hold to be Custos Rotulorum of the County of Middlesex His Salary is 200 l. per Annum His usual Fee for every Prisoner is 20 l. at Entrance and 3 l. a Week for an Esquire For a Knight 5 l. a Week For a Baron or above 50 l. at Entrance to whom the King allows 10 l. Weekly whereof Two part goes to the Prisoner the other Third part to the Lieutenant for Lodgings and Dyet and 50 l. to the Lieutenant upon the Prisoners discharge The Gentleman Porter of the Tower holds his Place by Patent and at the Entrance of a Prisoner hath for his Fee Vestimenta Superiora or a Composition for it The Gentleman Gaoler is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman 5 l. of a Knight Forty Warders of the Tower accounted the King's Domestick Servants and Sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Cheque The Tower is not within any County or Parish only a small part some account to be in Middlesex but is a Liberty of it self exempt from all Taxes to the King Church or Poor It hath A Parochial Church exempt from all Ecclesiastical Jurisdiction of the Archbishop and is a Donative bestowed by the King without Institution or Induction And there are Thirteen Hamlets of large Extent belonging to the Tower whose Train-Bands are all bound to Assist the Constable or Lieutenant of the Tower which are called The King's Company and are to Wait on the King's Person in time of Need and to go no further than the King And within the Tower is kept The Office of the Ordnance BEing the grand and standing Magazine of the principal Preparatives Habiliaments Utensils and Instruments of War as well by Sea as Land for the Defence and Safety of the Kingdom and consequently hath Influence in the Navies Forts Castles and Armies thereof having the Superintendence Ordering and Disposing as well of the Grand Magazine lodged in the Tower as at the Minories Woolwich Chatham Windsor Portsmouth Plimouth Hull and elsewhere And is under the Government of The Master of the Ordnance under whom The Administration and Management of the said Office is committed to the Principal Officers following viz. The Lieutenant of the Ordnance who in the absence of the Master of the Ordnance is to Impart all Orders and Warrants directed to the Office and to see them duly Executed and to give Order for Discharging the Great Ordnance when required upon Coronation Days Days Festival Triumphs c. As also to see the Train of Artillery fitted with all its Equipage for Motion upon any occasion The Surveyor is to Survey all the Ordnance Stores and Provisions of War in the custody of the Store-keeper which he is to see so distinguished and placed as shall be best for their Preservation and Safety for a decent View and a ready Account to allow all Bills of Debt and to keep Check upon all Labourers and Artificers Works and to see that all Provisions received be good and serviceable and duly proved with the Assistance of the rest of the Officers and the Proof Masters and marked with the King's Mark if they ought so to be The Clerk of the Ordnance is to Record all Orders and Instructions given for
the Government of the Office as likewise all Patents and Grants and the Names of all Officers Clerks Artificers Attendants Gunners Labourers and others who enjoy the said Grants or any other Fees from the King for the same To draw all Estimates for Provisions and Supplies to be made and all Letters Instructions Commissions Deputations and Contracts for His Majesty's Service To make all Bills of Imprest and Debentures for the payment and satisfaction of the respective Artificers and Creditors of the Office for Work done or Provisions received and Quarter-Books for the Salaries Allowances and Wages of all Officers Clerks and other Ministers belonging to the said Office and also to keep Journals and Liegers of the Receipts and Returns of His Majesty's Stores that nothing be Bought Borrowed Given Received Lent or Employed without due Record thereof to serve as a Cheque between the Two Accomptants of the Office the one for Money the other for Stores The Storekeeper is to take into his Custody all His Majesty's Ordnance Munitions and Stores thereunto belonging and to Indent and put in Legal Security for the safe keeping thereof and to make Just and True Accompt from time to time to Receive no Provisions whatsoever that are manifestly inserviceable or before they have been Reviewed by the Surveyor nor to Issue any proportion of Ordnance c. but what is agreed upon and signed by the Officers according to the appointment of the Master of the Ordnance grounded upon the Order of the King or six of the Privy Council or the Lord Admiral for Matters concerning the Navy Nor to Receive back any Stores issued till they have been Reviewed by the Surveyor and Registred by the Clerk of the Ordnance in the Book of Remains To look that all His Majesties Store-Houses be well Repaired and well Accommodated and the Stores kept in such order and lustre as is fit for the Service and Honour of the King The Clerk of the Deliveries is to Draw all Proportions for Delivery of any Stores and Provisions and to be present at the Delivery and by Indenture to Charge the particular Receiver of the King's Munitions whether Captain Gunner or other and to Register as well the Copies of all Warrants for Deliveries as the Proportions delivered whereby to discharge the Store-keeper The Treasurer and Paymaster of the Office was formerly an Appendix to that of Lieutenant of the Ordnance But the late King Charles Erected it into a particular and distinct Office and granted the same as all the other before-mentioned are by Letters Patent And there are other Subordinate Officers which likewise hold by Patent as The Master Gunner of England who is to teach all such as desire to Learn the Art of Gunnery and to oblige every Scholar by Oath not to serve any Foreign Prince or State without leave nor to Teach any other the said Art but such as have taken the said Oath and to certifie the Master of the Ordnance the Sufficiency of any person Recommended to be one of the King's Gunners and his Ability to discharge the said Duty The Keeper of the Small Guns who hath the charge and custody of the King 's Small Guns as Musquets Harquebusses Carabines Pistols c. with their Furniture There are many other Inferiour Officers and Ministers Attendants and Artificers as Clerks Proof-Masters Messengers Master Smith Master Carpenter Master Wheelwright Master Gunnsmith Furbusher c. which for Brevity are here omitted as likewise the King 's principal Engineer The Master of the Ordnance hath a Superintendency and Jurisdiction over all the King's Engineers Employed in the several Fortifications of the Kingdom most of whom have their Salaries and Allowances payable in the said Office to which they are accountable and from whence they receiev their particular Orders and Instructions according to the Directions and Commands given by the King and signified by The Master of the Ordnance Nota The several sorts of Cannon seem to be denominated from the Rapacious kind of Creatures whose Names they bear as Faulcons Faulconets Sakers Culverins from the Latin Coluber Basilisks Griffons Dragons c. The Office of the Warden of the Mint WHere is minted all the Bullion that is Minted in England although the King may set up a Mint in any other Place of the Kingdom In this are divers Persons of Quality and Worth whereof the principal is The Warden of the Mint who is to Receive the Silver and Gold brought in by Merchants or Goldsmiths or others to pay them for it and to Oversee all the rest his Fee is 100 l. per Annum And next is The Master Worker who Receives the Bullion from the Warden causes it to be Melted delivers it to the Moneyers and receives it from them again when Minted and hath an Allowance by the Pound weight but no set Fee And next is The Comptroller who sees all the Money be made according to the Just Assize to oversee the Officers and Comptrol them if the Money be not as it ought to be his Fee is 100 Marks and these three last above hold by Patent of the King The next is The Assay-Master who weighs the Bullion and sees it be according to the Standard his Fee is 200 Marks The Auditor to take the Accounts and make them up The Surveyor of the Melting who is to see the Bullion cast out and not to be alter'd after it is delivered to the Melter which is after the Assay-Master hath made Tryal thereof There are moreover A Clerk of the Irons A Graver A Weigher A Teller Melters Blanchers Moneyers and other Officers belonging to the Mint The Office of Records in the Tower IS of Venerable Antiquity and the Keeper and Deputy dignified with Special Trust The Keeper hath a Salary of 500 l. per Annum and is properly in the Gift of the Master of the Rolls and afterwards His Majesty hath usually by Letters Patents Confirmed it As the Chappel of the Rolls and Petty-Bag Office fill the Records are sent hither by a Writ formed for that purpose and these Records amongst other things contain the Foundations of Abbeys and Religious Houses as The Chappel of the Rolls contain those of their Dissolution and the Donation of the Lands of which many Families are now possessed The Leagues and Treaties with Foreign Princes The Atchievements of this Nation in France and Foreign parts The Original of All Laws that have been Enacted or Recorded until Richard the Third The Homage and Dependency of Scotland upon England The Establishment of Ireland in Laws and Dominions The Dominion of the Brittish Seas totally excluding French and Dutch to Fish therein without License from England proved by Records before the Conquest The Interest of the Isles of Man and of Jersey Guernsey Sarke and Alderney the Four last being the Remaining part of the Norman Possessions The Title of our Kings to the Realm of France and how obtained And all that our Kings and Princes have till that time Done
the Kingdom and not by the Country And these Maxims are not alone taken for Law but also all other like cases and all things necessarily following upon them are to be placed in like Law and they are in the same force and strength in Law as Statutes and althô all these Maxims might conveniently be numbred amongst the aforesaid General Customs since Ancient Custom is the sole Authority as well of these as those yet because those General Customs are diffused and known they may easily and without study in the Laws be known but these Maxims are only known in the Kings Courts or by those who are Learned in the Law and now for example sake we will mention a few of them since to declare them fully great Volumes would not suffice And first there is a certain Maxim in the Laws of England that no Prescription in Lands maketh a Right also that Prescription in Rents and Profits to be taken in the Lands of another maketh a Right also that the limitation of Prescription is generally taken à tempore cujus centrarij Memoria hominum non existit c. And further there are many other Maxims as in certain Actions The Process is by Summons Attachment and Distress Infinite and in some by Capias Infinite c. and that there should be these divers Processes in divers Actions may seem expedient and reasonable but that there should be these divers Processes had in the Law of England and none other cannot be proved by Reason therefore they must necessarily have their force from the Maxims aforesaid or the Ancient Custom of the Kingdom And some Maxims seem to be founded upon Reason Secundary and therefore some may think they may be put unto the first Fundamental of other Laws of England as if any command a Trespass he is a Trespassor c. And there are other Maxims and Customs which are not so manifestly known but may be known by the Law of Reason partly by Books of the Law of England which are called Year Terms partly by Records in the Kings Treasury and remaining in the Kings Courts and by a Book called the Register and by divers Statutes in which such Customs and Maxims are often recited Vide Doctor Student The Fifth Fundamental of the Law of England consists of Divers particular Customs used in divers Countries Towns Lordships or Mannors and Cities of the Kingdom which said particular Customs because they are not against Reason nor the Law of God altho' they are contrary to the aforesaid General Customs and Maxims of Law yet they retain the force of Laws And they ought not always to be determined by the Judges whether there be such a Custom or not unless in a few particular Customs sufficiently known and approved in the Kings Courts but ought to be tryed by the Country And of these particular Customs I shall put a few for Example As there is a Custom called Gavelkind in Kent where all the Brothers shall Inherit as the Sisters do at Common Law By Burrough English in the Town of Nottingham the younger Son shall Inherit In some Countries the Wife shall have all the Inheritance of her Husband in Name of Dower so long as she continues a Widow And in some Countries the Man shall have half the Inheritance of the Wife during his Life although he hath no Issue by her In some Countries the Infant may make a Feoffment at his Age of Fifteen years And in some Countries when he can Measure an Ell of Cloth yet such Infant may not make Warranty for if he do it is void in Law neither may he in such case make a Release Thus are held many other particular Customs The Sixth Fundamental consists of Divers Statutes Ordained in Parliament when other Fundamentals of the Law of England are not sufficient for it is to be known that altho' the Law of Reason may be assigned to be the first and principal Fundamental of the Law of England yet the Law of Reason is not of so great force and efficacy in the Laws of England that it alone being known all the Law of England is known For besides the Law of Reason he who desires to know the Laws of England ought to know the Custom of the Kingdom as well General a Particular and the Maxims and Statutes of Law or otherwise altho' hâ— were the wisest of Men he will understand but few things of the Truth oâ— the Law of England From these things before contain'd it may be deduced which often fall out That in one and the same case two or three Fundamentals of Law ought to concur together before the Plaintiff may obtain his Right as by Example may appear As if any afteâ— Entry by him made into any Land with a strong hand make a Feoffmenâ— for Maintenance to defraud the Possessor of his Action then the Demandant by the Statute of 8 Hen. 6. cap. 9. shall recover his treble Damages according to what Damages shall be assessed by the Jury In which case it appeareth that such Entry is prohibited by the Law of Reason Secundary but that the Demandant shall Recover his treble Damages is by the aforesaid Statute And that the Damages shall be Assessed by the Jury is by the Custom of the Kingdom And thus Three Fundamentals of Law concur in this case And it is to be noted that there are many Customs as well General as Particular and also Divers Laws called Maxims which take not their force from strong Reason but from the Custom of the Kingdom For by Statutes they may be changed into the contrary and what can be changed can never be affirmed to be the Law of Reason Primary As for Example How doth it stand with Reason or Conscience That if one bound in an Obligation to pay Money pay part of the Money but takes no Acquittance or lose it by the Laws of England he shall be compell'd to pay that Money again because of the General Maxim That in an Action of Debt upon Bond the Defendant may not plead Nihil debet or Quod poecuniam solvit nor otherwise discharge himself unless by Acquittance or other sufficient Writing amounting to a Discharge in Law and this to avoid the great Inconvenience which would follow if every one by word alone might avoid an Obligation And thus having briefly set forth the Fundamentals of the Law of England we shall proceed to the Government and the Legislative and Executive Power of the Laws of England The Government of England THe Government of England is 〈◊〉 the first and best kind viz. Monarchical Political Government The King BEing Supream Governour in 〈◊〉 Causes and over all Persons froâ— Him is derived all Authority and Jurâ—diction He being Quasi Intellectus Ageâ—â— Forma formarum c. And from thâ— King with the Advice of His Majesties Privy Council THat most Honourable Assembâ—â— in the Kings Court or Palace aâ— others receive their Motion It is calleâ— Concilium Secretum Privatum
vel Contâ—nuum Regis Concilium This is the Higâ— Watch-Tower wherein the King anâ— his Nobles Counsellors survey all hâ—â— Dominions and sometimes all the Dâ—minions of the World Consulting thâ— Honour Defence Profit and Peace 〈◊〉 his People and their Protection froâ— Violence or Injuries either at home 〈◊〉 from abroad And these Privy Counsellors by the Custom of the Kingdom being part of the Fundamental Laws of England as before is mentioned are such as the King pleaseth to choose and are made without Patent or Grant being only Sworn that according to their Power and Direction they shall truly justly and evenly Counsel and Advise the King in all Matters to be treated in His Majesties Council and shall keep Secret the Kings Council c. And they are so to continue during the Life of the King or during the Kings Pleasure And these Lords of the Privy Council are as it were incorporate with the King in bearing the burthen of his Cares wherefore the Striking in the House or Presence of a Privy Counsellor shall be grievously Fined Conspiring his Death by any within the Cheque-Roll is Felony and Killing any one of them is High Treason And although before the latter end of Henry the Third Quod provisum fuit per Regem Consilium suum Privatum Sigilloque Regis Confirmatum proculdubio Legis habuit vigorem saith Spelman yet at present they take Cognizance of few Matters that may well be determined by the known Laws and Ordinary Court of Justice The President of this Council was sometime called Principalis Conciliarius and sometimes Capitalis Conciliarius and this Office was never granted but by Letters Patent of the Great Seal durante bene placito and is very ancient for John Bishop of Norwich was President of the Council Anno 17 Regiâ— Johannis Dormivit tamen hoc Officium regnante magna Elizabetha The Lord President is said in the Statute of 21 H. 8. cap. 20. to be attending upon the King most Royal Person and the reason oâ— his attendance is for that of latter times he hath used to report to the King the Passages and the State of the Business at the Council Table Next to the President sitteth in Council c. The Lord Privy Seal who besides his Oath of a Privy Counsellor taketh a particular Oath of the Privy Seal which consisteth of four parts First That he justly exercise the Office of Keeper of the King 's Privy Seal to him committed Secondly Not leaving so to do for Affection Love Doubt or Dread of any Person Thirdly That he shall take special regard that the said Privy Seal in all places where he shall go to may be in such substantial wise used and safe kept That no Person without the Kings Special Command or Assent shall Move Seal or Imprint any thing with the same Fourthly Generally he shall observe fulfil and do all and every thing which to the Office of the Keeper of the Kings Privy Seal duly belongeth and appertaineth This is an Office of great Trust and Skill That he put his Seal to no Grant without Warrant nor with Warrant if it be against Law undue or inconvenient but that first he acquaint the King therewith Upon the Lord Privy Seal are attendant four Clerks of the Privy Seal How the Kings Grants Writings and Leases pass the three Seals viz. The Privy Signet the Privy Seal and the Great Seal and the Duties of the Clerk of the Privy Signet and Privy Seal and what Fees shall be paid and where none at all c. and many Articles concerning the passing of the Kings Grant c. you may Read in the Stat. of 27 Hen. 8. This Officer is named in some Statutes Clerk of the Privy Seal in others Garden del Privy Seal and in the Stat. 34 Hen. 8. Lord Privy Seal By Stat. 11. R. 2. cap. 10. It is provided That Letters of the Signet nor of the Kings secret Seal shall be from henceforth sent in Damage or Prejudice of the Realm nor in Disturbance of the Law It appeareth by Writs and Records of Parliament that the High Court of Parliament is resolved to be holden by the King Per advisamentum Consilij sui viz. by advice of his Privy Council Acts and Orders of Parliament for the Privy Council and other things concerning them in the Rolls of Parliament you may Read in the Statutes and Originals at Large mentioned in Cokes 4. Inst. cap. 2. No Loâ—d of Parliament takes any place of Precedency in respect he is a Privy Councellor but under that Degree such place a Privy Councellor shall take as is set down in Serie ordinum tempore Hen. 7. The King by advice of his Privy Council doth publish Proclamations binding to the Subject provided they be not against Statute or Common Law The Privy Councellors sit in order Bareheaded when the King Presides and the lowest declares his Opinion first and the King last declares his Judgment and thereby determins the matter For their Precedency and Place see the Statute of 31 H. 8. directing the same The time and place of holding the Council is wholly at the Kings pleasure which is seldom or never held without the presence of One of The Secretaries of State of which since the latter end of the Reign of H. 8. there have been Two both of equal Authority and both styled Principal Secretaries of State these every day attend upon the King and receive and make dispatch of the Petitions and Desires of the Subjects at home and for Foreign matters The Sectetaries have the Custody of the Kings Seal called the Signet which gives denomination to an Office constantly attending the Court called The Signet Office wherein Four Clerks prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The Four Clerks in Ordinary of the Privy Council are to Read what is brought before the Council and draw up such Orders as the King and Lords shall direct and cause them to be Registred And belonging to the Secretaries is The Paper-Office where all Paper-Writings and publick Matters of State and Transactions of Ministers abroad and what passes the Secretaries is transmitted and kept And now we proceed to The Ecclesiastical Government THe King being Chief Person as being Persona Sacra Mixta cum Sacerdote is the Supream Bishop of England For at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical having both Corona Regni Stola Sacerdotis put upon him He is Patron Paramount of all Ecclesiastical Benefices to whom the last Appeal in Ecclesiastical Affairs is made and who alone hath the Nomination of all Persons for Bishopricks and Chief Dignities and Deaneries and some Prebends in the Church c. And next to the King are the Primates Metropolitans or Archbishops one of Canterbury the other of York each of which have their peculiar Diocess besides a Province of several Diocesses and
Prayers The Parliament when required confirms the Consults of the Clergy that the People may be thereby induced to obey the Ordinances of their Spiritual Governours The Archbishop of York at the same time holds a Convocation for his Province at York in like manner and by Correspondence doth debate and conclude the same Matters with the Convocation for the Province of Canterbury Inter Leges Inae Anno Domini 727 A Convocation of the Clergy is called Magna Servorum Dei frequentia All the Members of both Houses have the like Priviledges for themselves and Menial Servants as the Members of Parliament and this by Statute Now they are required to subscribe Three of the XXXIX Articles Vide Stat. 13 Eliz. cap. 19. And the Canons ratified by King James 1 Jac. 1. And for The Executive Power in Causes Ecclesiastical THere are provided divers Excellent Courts the chief whereof for Criminal Causes was The High Commission Court THe Jurisdiction whereof was Enacted 1 Eliz. That Her Majesty Her Heirs and Successors should have power by Letters Patents under the Great Seal to Nominate and Authorize such person or persons being Natural born Subjects to Her Highness as Her Highness her Heirs or Successors should think fit to Exercise and Execute all manner of Ecclesiastical Jurisdiction within the Realms of England and Ireland or any other Her Highness Dominions to Visit and Reform all Errours Heresies or Schisms Abuses Offences and Contempts c. which by any manner of Spiritual and Ecclesiastical Power can or may be lawfully Reformed c. And that such person or persons should have full Power by Virtue of the said Act and Her Majesties Letters Patents to Exercise and Execute the Premisses according to the Tenour and Effect of the said Letters Patent And upon Declaration of this Act the Lord Coke raises two Questions First What Causes should belong to this Court Secondly In what cases they may Fine and Imprison As to the first it is certain That by the principal Clause of Restitution in that Act all Spiritual and Ecclesiastical Jurisdiction heretofore exercised or used or which might have been lawfully exercised or used were by the Authority of that Parliament annexed and united to the Imperial Crown of this Realm For whatever Power or Jurisdiction did belong to or was exercised by the Pope De facto doth now De jure belong to the King But by reason the Ecclesiastical Judges before the making of that Act ought to have proceeded according to the Ecclesiastical Censures of the Church and could not Fine and Imprison unless they had Authority by Act of Parliament Therefore the Lord Coke by reason of the Clause iâ— this Act That the Commissioners shall Execute the Premisses according to the Tenoâ—â— of the Letters Patent which Clauâ—â— refeâ—s â—o the former parts of this Act viz The Ancient Jurisdiction restoreâ— by this Act â—aâ—th the Commissioneâ— had not power to Fine and Imprison This Commission was usually granteâ— to persons of the Highest Quality iâ— Church and State so often and for 〈◊〉 long time as the King did thinâ— fit In Queen Elizabeths Time saith thâ— Lord Coke it was Resolved the Higâ— Commission should be limitted to certiaâ— Enormities and Exorbitant Causes And many Presidents were brought 〈◊〉 Prohibitions against their Authority 〈◊〉 Fine and Imprison both out of thâ— Kings-Bench and Common-Pleas Bâ—â— this Court being now Abrogated by thâ— Statute of 16 17 Car. 2. cap. 11. The Courts of the Archbishop 〈◊〉 Canterbury come next in course thâ— Highest of which is The Court of Arches SO called from the Arched Church of St. Mary in Cheapside where this Court hath been usually kept as appears by Record in Edward the First 's time The Judge hereof is the Dean of the Arches who under the Archbishop of Canterbury hath Jurisdiction over a Deanery consisting of Thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical Matters within the Province of Canterbury And to this Court belong divers Advocates all Doctors of the Civil Law Two Registers and Ten Proctors The next Court of the Archbishop is The Court of Audience KEpt within the Archbishop's Palace and medleth not with any manner of Contentious Jurisdiction but only with Matters pro forma as Confirmation of Bishops Elections Consecrations and Matters of Voluntary Jurisdiction as granting the Guardianship of the Spiritualties Sede vacante of Bishops Admission and Institution to Benefices Dispensing with Banns of Matrimony and such like The Court of the Faculties THis is also a Court although it holdeth no Plea of Controversie 〈◊〉 belongeth to the Archbishop and his Officer is called Magister ad Facultates And the Authority is raised by the Statute of 25 H. 8. cap. 21. whereby Authority is given to the Archbishop and his Successors to grant Dispensations Faculties c. by himself or his sufficient Commissary or Deputy for any such matter heretofore had at the See of Rome or by the Authority thereof The Prerogative Court of Canterbury THis is the Court where Testaments are proved and Administrations granted where the Party dying within his Province hath bona Notabilia within some other Diocess than where he dieth which regularly is to be to the value of Five pounds but in the Diocess of London it is Ten pounds composition By 16 Rich. 2. Rot. Par. not in Print It is assented in full Parliament that the King may make his Testament which before that was doubtful and Hen. 4th made his Testament and his Executors refusing Administration was granted by the Archbishop of Canterbury with the Testament annexed to the same When the King is made Executor he Deputes certain Persons to take the Execution upon them and appoints others to take the Accompt The Probate of every Bishop's Testament or Granting Administration of his Goods althô he hath not Goods but within his own Jurisdiction doth belong to the Archbishop From this Court the Appeal is to the King in Chancery The Archbishop of York hath the like Courts and also the Court of Audience The Court of Peculiars THe Archbishop of Canterbury hath a peculiar Jurisdiction in divers Parishes within the City of London and other Diocesses c. and there are Fifty seven such Peculiars within the Province of Canterbury It is an Ancient Priviledge of the See of Canterbury that wheresoever any Manors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of thâ— Diocess of Canterbury And there are certain peculiar Juriâ—dictions belonging to some certain Parâ—shes the Inhabitants whereof are exemâ—â— from the Archdeacon's Jurisdiction anâ— sometimes from the Bishops Jurisdictioâ— And a Dean or Prebendary having 〈◊〉 Rectory or Impropriation in anothâ—â— Bishop's Diocess hath often a Court 〈◊〉 Peculiars held for him in that particâ—lar Parish Note That there are some Deans 〈◊〉 England without any Jurisdiction onâ— for Honour so Stiled as
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call North-VVales the Latins Venedotia he gave to Mervyn or as some say to Anarawd Powisland in Latin Powisia which some call VVest-VVales he gave to Anarawd or as some say to Cadelh and Deheobarth which the English call South-VVales and the Latins Demetia he gave to Cadelh or as some say to Mervyn The First was the best because the Quietest the Second often Invaded by the English and into the Third Incursions were often made by the English Norman and Fleming The Division of this Kingdom brought in time such Division amongst these Princes that it was never quiet till it came under one Monarch and King again For the Royal Dignity of a Monarch or King from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived without any Diminution will suffer no Division Regia dignitas est Indivisibilis quaelibet alia derivativa Dignitas est similiter indivisibilis King Edward the Third
in the 17th year of his Reign by Charter Established in Parliament created his Son Son called the Black Prince Prince of VVales in these words De Concilio Praelatorum Comitum Baronum Communiam in Generali Parliamento nostro apud Wesmonaster ' die Lunae in Quindena Paschae proximè praeterito convocato Ipsum Edwardum Pricipem Walliae fecimus creavimus Et dictum Principatum sibi dedimus concessimus per Chartam nostram confirmavimus ac ipsum de dicto Principatu ut ibidem praeficiendo praesidiat praesidendo dictas partes dirigat defendat per sertum in Capite Annulum in Digito aureum ac virgam argenteam investivimus juxta morem Habendum tenendum de nobis sibi Haeredibus suis Regibus Angliae imperpetuum c. And in the same manner is the Noble and primary County Palatine of Chester granted to him at the same time with the same words Sibi Haeredibus suis Regibus Angliae which import a limited Fee and that by his decease or attaining to the Crown these Dignities might be Extinguished in the Crown to the end the King for the time being might have the Honour and power to create his Heir apparent Prince of VVales and Earl of Chester as he himself had been by his Progenitors But otherwise it is in the Case of the Dutchy of Cornwal Vide Coke's 4 Inst cap. 48. that being without Creation and ever since 11 Ed. 3. the First begotten Son of the King is ever Duke of Cornwal And this may suffice for a Short Survey of the Principality of Wales And now proceed to The Military Government of England THe King hath the Sole Supream Goverment Command and Disposition of the Military Power of England both by Land and Sea As is at large declared in Parliament Anno 14 Car. 2. And By Land the next under the King is the Generalissimo when in being of all his Majesties Forces in his Three Kingdoms Horse and Foot in Say as well within Garison as without These Forces in the late King Charles the Seconds time consisted of 4 Regiments of Foot The King's Regiment 24 Companies and near 1700 Men The Dukes Regiment 720 Men Another Regiment 600 Men And the Earl of Craven's Regment of 960 Men And the Earl of Oxford's Regiment consisting of 8. Troops about 500 Horse besides Officers There were likewise in King Charles the Seconds time Three compleat Troops of Horse for his Life-Guard The Kings Troop 200 Horse The Queens Troop 150 Horse and the Duke of Yorks Troop 150 Horse The rest of his Majesties Forces in constant pay were disposed under several Governors in several Garisons of which there are about Thirty two and in some of them the King had 500 Men in constant pay The pay of a Colonel of Horse 12 s. per diem A Collonel of Foot 20 s. per diem and other Officers proportionably Each of the Life-Guards 4 s. per diem And each Trooper 2 s. 6 d. per diem Each Foot Soldier in London 10 d. per diem Each Foot Soldier in Garrison 8 d. per diem These Forces were afterwards much encreased but no Orders are yet setled by Act of Parliament for these Land Forces as there are for Sea Forces But now they are settled by Act of Parliament to be 7000 natural born Subjects The Officers included Besides these Forces before mentioned the Standing Militia of the Kingdom is settled in the King by Acts of Parliament Tempore Car. 2. to be Governed Ordered and Enlarged from time to time as his Majesty shall see occasion For Government of these the King by Commission Creates divers of the Peers of the Kingdom Lieutenants of the several Counties with power to Arm Array and Form into Companies Troops and Regiments and to conduct upon occasion of Rebellion or Invasion and employ there Men so Armed within their respective Counties or into any other County as the King shall direct To give Commissions to Colonels and other Commissionated Officers To present to the King the Names of Deputy Lieutenants To charge ay person with Horse Horse-Men and Arms or Foot Soldiers 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 or 6000 l. personal Estate or with a Foot Soldier unless he hath 50 l. yearly or 600 l. personal Estate Those that have meaner Estates are to joyn Two or Three together to find a Horse or Horseman or a Foot Soldier The said Horse or Foot to Muster once or twice a year and each Horse-Man while he serves to have 2 s. a day and each Foot Soldier 12 d. per diem They have likewise power to levy a Fourth part of the Tax of 70000 l. per Mensem for Ammunition And in case of Marching against an Enemy they have power to cause every Man so charged to allow each Soldier a Months pay which the King is after to pay before they be charged with another Months pay In 1588 Upon the Muster made by Commission from Queen Eliz. in expectation of the Spanish Invasion there were found to be Three Millions and of those fit for War about 600000 Men. In all times of danger some are set to watch at every Beacon to give notice in a few Hours to the whole Kingdom There were anciently many Castles in all parts of England But Inland Castles have been either demolished or willingly suffered to decay that Rebels or Invaders might have no Shelter or the Invaded any Refuge to Fly to whereby to occasion any Lingring And now we come to the Military Courts amongst which the chief is The Court of Chivalry before the Constable and Marshal THis Court is called Curia Militaris and the Marshal Court wherein the Lord Constable and Earl Marshal of England are Judges And is the Fountain of the Martial Law Constable Is compounded of two Saxon words Cunning per contractionem King Stable id est Columen q. Columen Regis anciently written Coningstable Marshal Likewise of two Saxon wards Mare for Equus and Stale for Curator The Jurisdiction is declared by the Statute of 13 R. 1. To the Constable it appertaineth to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of Things that touch War within the Realm which cannot be determined or discussed by the Common Law with other Usages and Customs to the same pertaining which other Constables have duly and reasonably used in their time joyning to the same that every Plaintiff shall declare plainly his Matter in his Petition before that any Man be sent for to answer thereunto And if any will complain that any Plea be commenced before the Constable and Marshal that might be Tried by the Law of the Land the same Complainant shall have a Privy Peal of the King without difficulty directed to the said Constable and Marshal to Purcease in that Plea
Hath the Oversight of all the Officers of the Wardrobes at all his Majesties Houses and of the removing Wardrobes of the Tents Revels Musick Comedians Hunting Messengers Trumpetters Drummers of all Handicrafts and Artisans Heralds Pursuivants Serjeants at Arms Phisicians Apothecaries Chyrurgeons Barbers c. and Chaplains although himself be a Layman Also the charges of Coronations Marriages Entries Cavalcades Funerals c. His Fee is 100 l. yearly and 16 Dishes each Meal with the Appurtenances And most of the Places before mentioned are in his Gift or Disposal The Master of the Horse is the Third Great Officer And hath now the ordering of the King's Stables and Races and Breed of Horses and hath Power over Escuries and Pages over Footmen Grooms Riders of the Great Horse Farriers Smiths Coachmen Sadlers and all other Trades working to the King's Stables To all whom he or by his Warrant the Avenor giveth an Oath to be True and Faithful He hath the charge of all Lands and Revenues appointed for the King's Breed of Horses and Charges of the Stable and for Litters Coaches Sumpter horses c. He only hath priviledge to make use of any Horses Pages or Footmen belonging to the King's Stables At Solemn Cavalcades he Rides next the King and leads a Leer Horse of State His Fee is 666 l. 16 s. 4 d. yearly And a Table of 16 Dishes each Meal Under these Three principal Officers of his Majesties Houshold are almost all other the Officers and Servants The Compting House SO called because Accompts for all Expences of the King's Houshold are there daily The Lord Steward The Treasurer of the Houshold The Comptroller The Cofferer The Master of the Houshold The Two Clerks of the Green Cloth And the Two Clerks Comptrollers who also make Provisions for the Houshold according to the Law of the Land and make Payments and Orders for well Governing of the Servants of the Houshould And the Cofferer is to pay the Wages of the King's Servants below Stairs and the Lord Chamberlain above Stairs Vide 39 Eliz. cap. 7. And he is accomptable in the Exchequer for about 40000 l. And in the Compting House is The Court of Greencloth SO called of the Green Cloth whereat they sit and is composed of the Persons last above mentioned whereof the Three first are usually of the King 's Privy Councel To this Court being the first and most ancient Court of England is committed the Oversight of the King's Court Royal for Matters of Justice and Government with Authority for maintaining the Peace within Twelve Miles distance wheresoever the Court shall be and within the King's House the Power of correcting all the Servants therein that shall any way offend The Treasurer of the King's Houshold in the absence of the Lord Steward hath Power with the Comptroller and Steward of the Marshalsea to Hear and Determin Treasons Felonies and other Inferiour Crimes committed within in the King's Palace and that by Verdict of the Houshold He bears a White Staff and his yearly Fee is 124 l. 14 s. 8 d. And a Table of 16 Dishes each Meal The Comptrollers Office is to Comptrol the Accompts and Reckonings of the Green Cloth and his yearly Fee is 107 l. 12 s. 4 d. And bears a White Staff and hath 16 Dishes each Meal The Cofferer is a principal Officer and hath special charge over other Officers of the House for their good Demeanor and Carriage and is to pay the Wages to the King's Servants and for Provisions by the Direction of the Green Cloth He hath a Fee of 100 l. yearly and a Table of 7 Dishes daily The Master of the Houshold is the next Officer who is to Survey the Accompts of the House His Fee 100 Marks and 7 Dishes daily Two Clerk's Comptroller's are to Tolt and Allow all Bills of Comptrolment Parcels and Brievements And the Two Clerk's of the Green Cltth are to Sum them up And the Fee to each of these Four Clerks is 48 l. 13 s. 4 d. And between them Two Tables of 7 Dishes to each Table The rest of the Compting House being less considerable we pass over And come to give a brief Accompt of the Officers or persons in the several Offices As first in the Acatery is a Serjeant a Clerk Purveyors Yeomen In all Twelve Poultry a Serjeant a Clerk Yeoman Grooms Purveyors in all Ten. Bakehouse a Serjeant Clerk Yeomen Grooms and Pages in all Eighth Woodyard a Serjeant a Clerk Yeomen Grooms and Pages in all Eight Scullery a Serjeant a Clerk Yeomen Grooms and Pages in all Twelve Lardour a Serjeant Clerk Three Yeomen Three Grooms Two Pages Pastry a Serjeant a Clerk Yeomen Grooms and Children in all Eleven Pantry a Serjeant a Yeomen Grooms Pages Cellar a Serjeant a Gentleman Yeomen Grooms Purveyors Pages in all Twelve Buttery a Gentleman Yeoman Grooms Pages Purveyors in all Eleven Pitcher-house a Yeoman Grooms Page and Clerk in all Five Spicery Three Clerks and a Grocer Chandlery a Serjeant Two Yeomen Two Grooms and a Page Wafery a Yeoman and a Groom Confectionary a Serjeant Two Yeomen a Groom and a Page Ewry a Serjeant a Gentleman Two Yeomen a Groom and Two Pages Laundry a Yeoman a Groom Three Pages and a Draper Kitchen Three Clerks to the King and Two to the Queen The chief of these Clerks hath a Fee and Diet equal to an Officer of the Green Cloth A Master Cook to the King A Master Cook to the Queen A Master Cook to the Houshold each of these Three a Table of 5 Dishes Six Yeomen Seven Grooms Five Children in all Twenty six Persons Boyling House a Yeoman Two Grooms Scalding House Yeoman Grooms and Pages in all Six Harbingers Office a Knight Three Gentlemen and Seven Yeomen Harbingers The Knight Harbingers Office is by Letters Patent under the Great Seal of England during Life So oft as the King goes broad either in England or beyond Seas He doth by himself or his Deputy provide and appoint all Lodgings and Harbingage for all Great Persons All Noblemen Bishops All his Majesties Servants and Attendants and for all other his Liege People for Ambassadors and Foreigners c. His Salary 20 Marks per Annum and 10 s. per diem Out of the Exchequer besides Fees for Honour given by the King and Homage done to his Majesty and divers other Perquisites Porters at Gate a Serjeant Two Yeomen Four Grooms Clerks of the Carriage Two Yeomen Cart Takers Six in Number Surveyors of the Dresser Two one above Stairs and another below Marshals of the Hall Four Sewers of the Hall Five Waiters of the Hall Twelve Messenger of the Compting House One Bellringer One Long Cart Takers Four Wine Porters Eight Woodbearer One The Cock of the Court One. Besides the aforesaid Officers bâ—low Stairs there are also under the Loâ—d Steward all the Officers belonging to the Queens Kitchin Cellar Pantry c. And to the Kings Privy Kitchin and to the Lords Kitchin together with
Chancelor Lord Treasurer c. Rich Liveries for the Two Lord Chief Justices All the Barons of the Exchequer All the Officers of those Courts All Liveries for His Majesty's Domestick Servants All Linnen for the King's person c. In which there is ordinarily Expended yearly about 25000 l. besides all Extraordinaries as Coronations Funerals c. His Salary in compensation of all Ancient Fees is 2000 l. per Annum This Office is now kept in the Savoy Under the Master is A Deputy whose Salary is 200 l. A Clerk whose Salary in compensation of all Fees and Allowances is 300 l. per Annum To this Office have been lately added by Patent during pleasure A Comptroller and Surveyor Salary to each 300 l. Belonging to this Office are divers Tradesmen Artificers and others to number of about Forty all sworn Servants to the King Besides the Great Wardrobe the King hath divers Standing Wardrobes at Whitehall VVindsor Hampton-Court the Tower of London Greenwich c. Whereof there are divers Officers And Lastly There is a Removing Wardrobe which attends upon the Person of the King Queen and Children Ambassadours Christnings Masks Plays c. at the Command of the Lord Chamberlain who hath the disposing of the Vacant places Here are six Officers one Yeoman two Grooms and three Pages The Salary of the Yeomen 200 l. each Groom 100 pounds and each Page 100 Marks To All these together is allowed six Dishes each Meal All Moveables belonging to this Office are at length Divided into Three parts whereof the Yeoman hath one for his own use the Grooms another and the Pages the Third part The Office of Tents c. IN this Office of Tents Toyls Hays and Pavilions are Two Masters Four Yeomen one Groom one Clerk Comptroller one Clerk of the Tents The Office of the Robes BEsides the Master before-mentioned there is one Yeoman three Grooms one Page Two Surveyors one Clerk and Persons of several Trades Faulconers MAster of the Hawks and other Officers under him about London and other Places belonging to the King in all Thirty Three Huntsmen MAster of the Buck-Hounds a Serjeant and Thirty Four others one Master of the Otter-Hounds one Master of the Harriers and Five under him Messengers OF the Chamber in ordinary two Clerks of the Cheque and Forty others Musitians in ordinary Sixty Two Trumpeters in ordinary and Kettle-Drummers in all Fifteen Drummers and Fifes Seven Tradesmen one or two of all sorts Watermen Fifty Five Comedians Seventeen Men and Eight Women Keeper of Birds in St. James's Park one Keeper of the Volery and Serjeant Painter one of each With divers other Officers and Servants under the Lord Chamberlain to serve His Majesty upon Extraordinary occasions Many of these Offices and Places are of good Credit great Profit and Enjoyed by Persons of Quality Officers under the Master of the Horse FOur Querries from the French Escurie a Stable of the Crown-Stable and Eight of the Hunting-Stable Their Office is to attend the King in Hunting or Progress or on any occasion of Riding abroad to help His Majesty Up and Down from his Horse Fee to each of these is 20 l. yearly the ancient Fee but have 100 l. yearly Allowance for Diet besides Lodgings and two Horse Liveries Avenor from Avena Oats Fee 40 l. This Place with all the following is in the Gift of the Master of the Horse One Clerk of the Stable Four Yeomen besides Four Child Riders Yeoman of the Styrup Serjeant Marshal and Yeoman Farriers Four Groom Farriers Serjeant of the Carriage Three Surveyors A Squire and Yeoman Sadler Four Yeomen Granators Four Yeomen Purveyors A Yeoman Peck-man A Yeoman Bill-maker Four Coach-men Eight Litter-men A Yeoman of the Close Wagon Sixty four Grooms of the Stable whereof Thirty Grooms of the Crown-Stable and Thirty four of the Hunting and Pad-Stable Twenty six Footmen in their Liveries to Run by the King's Horse c. The Clerk of the Market who within the Verge is to keep a Standard of all Weights and Measures and to burn all False Weights and Measures And from the pattern of this Standard are to be taken all the Weights and Measures of the Kingdom The Military Government in the King 's Court. THe Horse Guards Life Guard or Guard of the King's Body consisting of Five hundred Horsemen all or most of them Gentlemen and old Officers commanded by their Captain who is at all times of War or Peace to Wait upon the King's Person as oft as he Rides abroad with a considerable number of those Horsmen well Armed His pay is 30 s. per diem These Horse have been divided into Three parts whereof 200 under the Command of the Master of the Horse and 150 under another Officer and the other 150 Commanded by another Officer The Pay to each of these Officers 20 s. per diem Under the Captains of the Guards are Two Lieutenants a Coronet a Quarter-Master and Four Brigadiers The Horsmens Pay is 4. s. per diem The Band of Pensioners FIrst Instituted by King Henry the Seventh and chosen out of the Best and most Ancient Families of England not only as a Faithful Guard to the King's Person but to be as a Nursery to breed up hopeful Gentlemen and fit them for Employment Civil and Military abroad or at home as Deputies of Ireland Ambassadors Counsellors of State Captains of the Guard Governours of Places and Commanders in Wars both by Sea and Land Their Office is to attend the King's Person to and from his Chappel and all publick Solemnities A Peer of the Realm is usually Captain whose Pay is 1000 l. per Annum his Lieutenant 200 l. yearly his Standard-Bearer 200 l. yearly Clerk of the Cheque 120 l. 1 s. 3 d. yearly and Forty Gentlemen Pensioners Fee to each is 100 l. yearly a Gentleman Harbinger to provide Lodging for them his Fee 70 l. 11 s. yearly These Wait one Half by Quarter Upon Extraordinary occasions All are Summoned Their ordinary Arms are Gilt Poleaxes their Arms on Horseback in time of War Curassiers Arms with Sword and Pistol They are not under the Lord Chamberlain but their own Officers and always Sworn by the Clerk of the Cheque who takes Notice who are absent from their Duty The Yeomen of the Guard ARe at present 100 Men in daily Waiting and 70 more not in Waiting as any of the 100 dye his Place is filled out of the Seventy these are chosen of the best Men under Gentlemen and of Larger Stature than ordinary for they were formerly to be six Foot high Their Office is in their Coats and Caps one Half with Harquebusses and the other Half with Partizans to wait upon the King in his Standing Houses Forty by Day and Twenty to Watch by Night and about the City to Wait on the King's Person abroad by Water or Land Their Captain 's Fee is 1000 l. yearly the Lieutenant 500 l. Ensign 300 l. Clerk of the Cheque 150 l. Four
or Confirmed at home or abroad Tenures of all the Lands in England Extents of Mannors and Lands Inquisitions Post mortem being of great Advantage upon Trials of Interest or Descent Liberties and Priviledges granted to Cities Towns Corporate or private Men as Court Leets Waifs Estrays Markets Fairs Free Warrens Felons Goods c. Or what else could come to the Crown or pass out of it Writs Pleadings and Proceedings as well in Chancery as at Common Law and in the Exchequer Inspeximus Inrolments c. Deeds and Contracts between party and party and The Just Establishment of all the Offices in the Nation The Metes and Bounds of all Forests with the Rights of the Inhabitants therein and many other And therefore in the Petitions of the Commons in Parliament 46 E. 3. said to be perpetual Evidence of every man's Right and the Records of the Nation These Records are reposited in the place called Wakefield Tower being many Cart Loads Thus distinguished Rotuli Patentium Chartarum Parliamentorum Clausarum Finium Scotiae Vasconiae Franciae Hiberniae Walliae Normanniae Almaniae Oblatae Liberatae Extractae Perambulationes Forestae Scut ' Rotul ' Marshal ' Romae de Treugis Chart ' Patent ' fact ' in Partibus Transmarinis Patent ' de Domibus Judaeorum Protection ' de Perdonation ' c. Stapulae cum multis aliis Depicted lately upon every Press belonging to each King's Reign and very easie to be brought forth for use This Office is to be open from 7 till 11 in the Morning and from 1 till 5 in the Afternoon on all Working-days only in December January and February they open an Hour later in the Morning and shut up an Hour earlier at Night All Records since Richard the Third are yet in the Chappel of the Rolls The Money allowed by the King for the Maintenance of all these Officers and keeping thls Vast Structure in Repair amounts to a vast Sum. Saint Katherines NEar the Tower is St. Katherines which hath a Royal Jurisdiction for the Ecclesiastical Causes and Probate of Wills and belongeth to the Queen from whom if any will Appeal it must be to the King in his Chancery who thereupon Issueth out a Commission under the Great Seal as in Appeals from the Arches or Prerogative The Bridge SUrpasseth all others in Europe It hath 19 Arches 20 Foot between each Arch is 800 Foot in Length 60 High and 30 Broad and hath a Draw-Bridge almost in the Middle Built 1209 in the Reign of King John The Charge of keeping it in Repair is so Great that our Auncestors thought fit to have a Large House a vast Revenue in Lands and Houses and divers Officers to be apart for the constant Care and Repair thereof The Principal whereof are the Two Bridgmasters chosen yearly out of the Body of the Liveries upon Midsummer-day after the Sheriffs and Chamberlain The Bridge over the River Lee at Stratford was built an Hundred years before and being the first Arched Stone-Bridge seen in England gave it the Name of Stratford-Bow Not far below this Famous Bridge is the place for Receipt and Management of all Impositions laid on Merchandizes Imported and Exported into and from this City which is called The Custom-House WHerein are Employed a great Number of Officers whereof the First and Chief are Six Commissioners who have Charge of all His Majesties Customs in all Ports of England Salary to each is 2000 l. a year And these have many Deputies Customers Collectors Comptrollers Surveyors Searchers Waiters c. in the Port of London and in all the Out-Ports Collector of Subsidies or Customs Outwards Fee Two hundred seventy six pounds Collector of Customs Inwards Fee Four hundred sixty six pounds Thirteen shillings Four pence Customer Inwards Fee Sixty two pounds Six shillings Eight pence Customers of Cloth and Petty Customs Fee Two hundred seventy seven pounds Customers of the Great Customs Two Fee Fifty pounds a piece Comptroller of Customs Inwards and Outwards Fee Two hundred fifty five pounds Comptroller of Cloth and Petty Customs Fee One hundred pounds Surveyors of Customs Inwards and Outwards Fee Three hundred pounds Surveyor General Fee Five hundred pounds Comptroller of the Great Custom Fee Thirty pounds Register of the Seizures Fee One hundred and six pounds Chief Searcher Fee One hundred Twenty pounds Five Under-Searchers Eighteen King's Waiters Fee to each Fifty two pounds Surveyor of the Out-Ports Fee Two hundred and Fifty pounds The Perquisites to each of these Officers are very considerable and to some more than their Salaries In all the Out-Ports the King hath the like Officers who all Receive Salaries likewise out of His Majesty's Revenue The General Post-Office THe King by Letters Patent doth Constitute his Post-Master General who keeps one General Office in the City of London from whence Letters and Packets are dispatched Monday to France Italy Spain Flanders Germany Sweden Denmark c. and to Kent Tuesday to the United Netherlands Germany c. and to all Parts of England Scotland and Ireland Wednesday to Kent only and the Downs Thursday to France Spain Italy and all Parts of England and Scotland Fryday to the Spanish and united Netherlands Germany Sweden Denmark and to Kent Saturday to all Parts of England Scotland and Ireland And the Answers of these Letters are Received in the said Office in due Course and dispersed from thence according to the Directions This Office is managed by a Deputy and other Officers to the number of Seventy seven Persons who give their actual Attendance Upon this Grand Office Depends 182 Deputy Post-Masters in England and Scotland Most of which keep Regular Offices in their Stages and Sub-Post-Masters ink their Branches And also in Ireland another General Post-office for that Kingdom which is kept in Dublin consisting of 18 like Officers and 45 Deputy Post-masters The Post-master General keeps for Transport of Letters to France Two Packet-boats to Flanders Two to Holland Two to Ireland Three at Deal Two for the Downs which he Maintains at his proper Charge And the Market Towns of England are so well Appropriated to the Respective Postages that they have an easy and certain conveyance of Letters in due Course of the Mails every Post The number of the Letters Missive in England tho' formerly inconsiderable yet are now so great that the Office hath been Farmed at 30000 l. a year The Charge of Letters here is Less and the Expedition Greater than in any Foreign Country A Letter of a Sheet of Paper costs 2 d. for 80 Miles Two Sheets 4 d. and an ounce 8 d. and in 24 Hours the Post goes 120 Mile and in Five days an Answer may be had from a place 300 Miles distant And for Riding Post you pay only 3 d. a Mile and 4 d. to the Post Boy at every Stage For Study of Law IN London are the Colledges or Houses of the Municipal or Common Law Professors and Students Which are Fourteen still called Inns the
which they got leave of King James to put in there for Fresh-Water in their passage to Brasile and did not offer to plant till a good while after the English were settled in the Country In 1664. His late Majesty King Charles the Second sent over Four Commissioners to Reduce the Colonies into Bounds that had before Incroached upon each other who Marching with Three Hundred Red-Coats to Manhades or Manhatees took from the Dutch their Chief Town then called New Amsterdam now New York and August 29. Turned out their Governour with a Silver-Leg and all the rest but those who acknowledg'd Subjection to the King of England suffering them to enjoy their Estates and their Houses as before Thirteen days after Sir Robert Carr took the Town and Fort of Aurania and Twelve Days after that the Fort and Town of Arosapha then De la Ware Castle Mann'd with Dutch and Sweeds so that now the English are Masters of Three handsom Towns Three strong Forts and a Castle without the loss of one Man The first Governour of these parts for the King of England was Colonel Nichols one of the Commissioners This Country is blessed with the Richest Soil in all New England I have heard it Reported says an Author That one Bushel of European Wheat hath yielded One Hundred in a Year The Town of New York is well seated both for Trade Security and Pleasure in a small Isle called Manahaten at the Mouth of the Great River Mohegan which is very commodious for Shipping and about Two Leagues broad The Town is large built with Dutch Brick alla Moderna consisting of above Five hundred Houses the meanest not valued under One hundred Pounds To the Land-ward it is encompassed with a Wall of good thickness and Fortified at the Entrance of the River so as to Command any Ship which passeth that way by a Fort called James Fort. It hath a Mayor Aldermen a Sheriff and Justices of Peace for their Magistrates The Inhabitants are most English and Dutch and have a considerable Trade with the Indians for Bever Otter Raccoon Skins with other rich Furrs Likewise for Bear Deer and Elk-Skins and are supply'd with Venison and Fowl in the Winter and Fish in the Summer by the Indians at an easie Rate The Province of New York formerly contained all that Land which lyes in the North parts of America betwixt New England and Mary-Land the Length towards the North is not fully known the Breadth is about 200 Miles The Principal Rivers are Hudson's River Raritan River and De la Ware Bay The chief Islands are Manahaten Island Long Island and Staten Island Manahaten Island so called by the Indians lieth within the Land betwixt 41 and 42 Degrees of North Latitude and is about 14 Miles long and two broad New York is seated on the West of this Island having a small Arm of the Sea which divides it from Long Island on the South Long Island runs Eastward above 100 Miles and is in some places 8 12 or 14. Miles broad Inhabited from one end to the other having an Excellent Soil for all English Grain the Fruits Trees and Herbs very good In May you may see the Woods and Fields so curiously bedeck'd with Roses and a multitude of other delightful Flowers as equal if not excel many Gardens in England There are several Navigable Rivers which run very swift and are well furnished with Variety of Fish as the Land is with all sorts of English Cattle besides Deer Bears Wolves Raccoons Otters and Wild Fowl in abundance Hudson's River runs by New York Northward into the Country toward the Head of which is seated New Albany a place of great Trade with the Indians betwixt which and New York being above 100 Miles distance is as good Corn Land as the World affords It was reduced to his Majesties Obedience by Colonel Nichols and a League of Friendship concluded between the Inhabitants and the Indians by whom they have never been since disturbed but every Man hath sate under his own Vine and hath peaceably Reaped and Enjoyed the Fruits of his own Labours New Jersey IS part of the Province of New Albion afore-mentioned and is Subdivided into East and West Jersey East Jersey lies between 39 and 41 Degrees of North Latitude being about 12 Degrees more to the South than the City of London It is bounded on the South-East by the Main Sea East by that vast Navigable Stream called Hudson's River West by a Line of Division which separates it from West Jersey and North upon the Main Land and extends it self in length on the Sea-Coasts and along Hudson's River 100 Miles and upwards The Proprietors of this Province Anno 1682. Published an Account of the Scituation Conveniences and Product thereof for Incouragement of such who had an Inclination to Settle there Which you may read in Burton's Description of America fol. 99. The Constitutions of this Country were made in the time of John Lord Berkley and Sir George Carteret the late Proprietors thereof in which such Provision hath been made for Liberty in matter of Religion and Property in their Estates that under the Forms thereof this Country hath been considerably increased Pensylvania BY Letters Patent Dated the 4th of March 1680. King Charles the Second in Consideration of the Faithful Service of Sir William Penne Deceased did Grant unto William Penne Esquire Son and Heir of the said Sir William Penne all that Tract of Land called Pensylvania as the same was Bounded on the East by De la Ware River from 12 Miles distance of New-Castle Town unto the 43 Degree of Northern Latitude with other Boundings and Limits therein mentioned And all Powers Preheminence and Jurisdictions necessary for the Government of the said Province And by other Letters Patent Dated April the 2d 1681. did Publish and Declare his Will and Pleasure That all Persons settled or inhabiting within the Limits of the said Province should yield all due Obedience to the said William Penne his Heirs and Assigns as absolute Proprietors and Governours thereof as also to the Deputy or Deputies Agents or Lieutenants Commissioned by him or them Whereupon William Penne taking upon him the Government in a Letter from Philadelphia the then intended Chief City Dated 16 Aug. 1683. giveth a full Description of the Province and the Soil Air Seasons and Produce thereof The Planted part of the Province being cast into six Counties viz. Philadelphia Buckingham Chester New-Castle Kent and Sussex containing then about 4000 Souls Two Assemblies had then been held with such Concord and Dispatch that in Three Weeks time at least Seventy Laws were past And for the Well-Government of the Counties Courts of Justices are Established in every County with proper Officers as Justices Sheriffs Clerks Constables c. Which Courts are held every Two Months but to prevent Law-Suits there are Three Peace-Makers chosen by each County-Court in the Nature of Common Arbitrators to hear and end Differences betwixt Man and
Man And Spring and Fall there is an Orphans Court in each County to Inspect and Regulate the Affairs of Widows and Orphans The Government of the Natives is by Kings which they call Sachema and those by Succession but always of the Mothers side For Instance the Children of â—im who is now King will not succeed but his Brother by the Mother or the Children of his Sister whose Sons and after them the Children of her Daughters will Reign for no Woman Inherits This they do that their Issue may not be spurious Every King hath his Council and that consists of all the Old and Wise Men and also the Young without which Assembly nothing of moment is undertaken The Justice they have is Pecuniary even for Murther it self And it 's agreed That in all differences between the Natives and English Six of each side shall end the matter The Chief City Philadelphia In the Center of which is a Square of Ten Acres at each Angle is or was intended Houses for publick Affairs as a Meeting House Assembly or State-House c. Mary-Land THis Province is bounded on the North with Pensylvania on the East by De la Ware Bay and the Atlantick Ocean on the South by Virginia from whence it is parted by the River Patowmeck Chesapeack Bay is the passage for Ships both into this Country and Virginia and runs through the Middle of Mary-Land being found Navigable near Two hundred Miles into the Land into which fall divers considerable Rivers The Climate is very agreeable to the English Constitution especially since the clearing of the Ground from Trees and Woods which formerly caused much unhealthfulness neither is the Heat extream in Summer being much qualified by the Cool Winds from Sea and the refreshing Showers and the Winter so Moderate as doth no way Incommode the Inhabitants It is seated between 37 Degrees and 40 Degrees of Northern Latitude and was discovered at the same time with Virginia The Country is generally Plain and Even the Soil rich and fertile Naturally producing all such Commodities as are found in New England as to Fish Fruits Plants Roots c. The chief Trade of the English hither is Tobacco which is not inconsiderable since 100 Sail of Ships have in One Year Traded hither from England and the Neighbouring English Plantations It is divided into Ten Counties in each of which a Court is held every Two Months for little Matters with Appeal to the Provincial Court at St. Maries which is the Principal Town seated on Saint George's River and Beautified with several well Built Houses This Province was granted by Patent to the Right Honourable the Lord Baltimore and to his Heirs and Assigns with many Civil and Military Prerogatives and Jurisdictions as conferring Honours Coyning Money c. paying Yearly as an acknowledgment to His Majesty and Successors Two Indian Arrows at Windsor Castle upon Easter Tuesday The Lord Baltimore hath his Residence when there at Mattapany about 8 Miles distant from St. Maries where he hath a pleasant Seat tho' the General Assemblies and Provincial Courts are kept at St. Maries and for Encouraging People to settle here His Lordship by the Advice of the General Assembly Established a Model of excellent Laws for the Ease and Security of the Inhabitants with Toleration of Religion to all that profess Faith in Christ which hath been a principal Motive to many to Settle here Virginia DIscovered with others by Sebastian Cabott 1497 after was Visited by Sir Francis Drake and called Virginia by Sir Walter Rawleigh in Honour of his Mistress Queen Elizabeth In 1603 some Persons at Bristol by Leave from Sir Walter Rawleigh who had the Propriety thereof made a Voyage hither who Discovered Whitson's Bay in 41 Degrees and afterwards in 1607. Sir John Popham and others settled a Plantation at the Mouth of the River Sagahador the Captain James Davis choosing a small place almost an Island to sit down in where having heard a Sermon and read their Patent and Laws and Built a Fort They Sailed farther Discovering a River the Head whereof they called Fort St. George Captain George Popham being President After the first Discovery Virginia cost no small Pains and Experience before it was brought to perfection with the loss of many English Lives In the Reign of King James the First a Patent was granted to certain Persons at a Corporation who were called The Company of Adventurers of Virginia But upon several Misdemeanors and Miscarriages in 1623 the Patent was made void and hath since been free for all His Majesty's Subjects to Trade to It is scituate South of Mary-Land and hath the Atlantick Ocean on the East The Air is good and Climate agreeable to the English since the clearing it from Woods The Soil very fruitful but Tobacco is their chief Commodity and the Standard whereby all the rest are prized This Country is well Watered with many great and swift Rivers that lose themselves in the Gulph or Bay of Chesapeak which gives Entrance into this Country as well as Mary-Land being a very large and capacious Bay and running up into the Country Northward above 200 Miles The Rivers of most account are James River Navigable 150 Miles York River large and Navigable above 60 Miles and Rapahanok Navigable above 120 Miles Adjoyning to these Rivers are the English settled for the Conveniency of Shipping having several Towns the chief whereof is James Town commodiously seated on James River very neat and well beautified with Brick-Houses where are kept the Courts of Judicature and all publick Offices which concern the Country Next to James is Elizabeth Town well built and seated on the Mouth of a River so called Likewise the Towns of Bermudas Wicornoco and Dales-Gift The Country is Governed by Laws agreeable to those in England for the better observing whereof those parts possessed by the English are divided into the Counties of Caroluck Charles Gloucester Hartford Henrico James New Kent Lancaster Middlesex Nausemund Lower Norfolk Northampton Northumberland Rappohanock the Isle of Wight and York In each of which Counties are held petty Courts every Month from which there may be Appeals to the Quarter Court at James Town The Governour is sent over by the King of England Carolina SO called from the late King Charles the Second is a Colony not long since Established by the English and is that part of Florida adjoyning to Virginia between 29 and 36 Degrees of North Latitude On the East it is washed with the Atlantick Ocean and is bounded on the West with Mare Pacificum or the South-Sea and within these Bounds is contained the most fertile and pleasant parts of Florida which is so much commended by the Spanish Authors Of which a more ample Account cannot be given than what an English Man who Lived and was concerned in the Settlement thereof Delivered in these Words This Province of Carolina was in the Year 1663. Granted by Lett es Patent of His late Majesty King Charles
expresly forbid the same as heretofore hath sometimes been done It is free for any Man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is firâ—t put in Writing and called a Bill which being read commonly after Nine of the Clock in a full Assembly it is either unanimously Rejected at first or else allowed to be Debated and then it is committed to a certain Number of the House presently nominated and called a Committee After it hath been amended and twice read two several Days in the House then it is Ingrossed that is written fair in Parchment and read the third time another Day and then if it be in the Lords House the Lord Chancellor in the Commons House the Speaker demandeth if they will have it put to the Question Whether a Law or no Law If the Major Part be for it there is written on the Bill by the Clerk Soit Baille aux Communes or Soit Baille aux Seigneurs retaining still in this and some other things about making Laws the Custom of our Ancestors who were generally skilled in the French Tongue Note That when the Speaker finds divers Bills prepared to be put to the Question he gives notice the Day before That on the Morrow he intends to put such Bills to the Passing or third Reading and desires the special Attendance of all the Members Note also That if a Bill be Rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usual to shew their Respect attended with Thirty or Forty of the Members of the House As they come up to the Lords Bar the Member that hath the Bill making three profound Reverences delivereth it to the Lord Chancellor who for that purpose comes down to the Bar. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other Person whose Place is on the Wooll-sacks and by none of the Members of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into Consideration if aftewards it pass that House then is written on the Bill Les Communes oâ—t assentez When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same Day lest the whole time should be spent in Debate Also if a Bill be debating in the House no Man may speak to it in one day above once If any one speak words of Offence to the King's Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily assemble not though many times they continue sitting long in the Afternoon Committees sit after Dinner where it is allowed to speak and reply as oft as they please Note By Death or Demise of the King the Parliament is ipso facto dissolved Anciently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intending that every one hath Notice by his Representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside See before in High Court of Parliament Page 51. To the Court of the High Steward of England BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have Right to sit and Vote in Parliament shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial and every Peer so summoned and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. M. Intituled An Act for Abrogating the Oaths of Allegiance and Supremacy and Appointing other Oaths And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis For disabling Papists to sit in either House of Parliament Provided that neither the Act nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever Provided also That the Act nor any thing therein contained shall any ways extend to any Indictment of High Treason nor to any Proceedings thereupon for Counterfeiting the King's Coyn his Great Seal or Privy Seal his Sign Manual or Privy Signet See before in The Court of the High Steward of England Page 81. Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian c. of England in the King's Absence FOR his Authority Place and Precedency See Rot. Parl. Anno 1 Hen. 6. Nu. 26 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 23 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71. The Lord Coke in his 4th Inst. Cap. 3. saith The surest way is to have him made by Authority of the Great Council in Parliament Richard Duke of Gloucester Uncle to King Edward the 5th and afterwards King by the Name of Richard the 3d. was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority Holinshead's Chron. fol. 1363. And for the Government of the Realm and Surety of the Person of King Edward the 6th his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms Dominions and Subjects and so proclaimed the 1 st of February Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof And on the 6th of Feb. Anno 1547. the said Earl of Hertford Lord Protector Adorned King Edward with the Order of Knighthood remaining then in the Tower and therewith the King standing up called for Henry Hubblethorn Lord Mayor of the City of London who coming before his Presence the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo 1614. The King when he intends to go or is in remotis out of the Realm appoints a Guardian c.