Office at Westminster are preserved all the Counterfoils of the Tallies ranged by Months and Years and by that means easily found out to be joyned with their respective Stock or Tally There is also the chief Vsher of the Exchequer an Office of Inheritance four Vnder-Vshers a Marshal and six Messengers As to the Court of the Dutchy of Lancaster also kept at Westminster it concerns particularly the Revenue belonging to that Dutchy long since annexed to the Crown The chief Judge of this Court is the Chancellour of the Dutchy assisted by the Attorney of the same Next to whom is the Receiver General the Vice-Chancellor of the Dutchy the two Auditors the Clerk of the Dutchy and a Messenger CHAP. VII Of the Sheriffs and their two Courts called the County-Court and the Sheriffs Turn of Justices of Peace and their quarter-Quarter-Sessions with an Account of the Grand Jury of the Coroners Clerks of the Markets and their Courts FOR the Civil Government of Counties Cities Towns and Villages there are divers Officers to whom belong several Courts for the due Administration of Justice First in every County except Durham and Westmorland there is a Sheriff which is a yearly Office the Power whereof extends all over the County except such Cities and Towns as are Counties of themselves that is which have the Priviledge of Counties In Middlesex only there are two Sheriffs upon the account of London the Capital City of the Kingdom The Sheriffs were heretofore chosen as Knights of the Shire by the Suffrages of the People But now they are appointed by the King after this manner First the Judges nominate six fit Men of each County that is Knights or Esquires of good Estates Out of that Number three are chosen by the Privy Counsellors and the twelve Judges assembled in the Exchequer and there sworn in order to it And out of this Number the King himself chuses whom he thinks fit Heretofore the same Sheriff served many years together and to this day this Office is hereditary to the Cliffords in the County of Westmorland by Charter from King John The Sheriffs Office is both Ministerial and Judicial As Ministerial he is to execute the Kings Mandates and all Writs directed to him out of the Kings Courts to Impannel Juries to bring Causes and Criminals to Trial and to see the Sentences executed In short there is no Execution of the Law but by the Sheriff for by him all Suits begin and all Process served He is likewise to collect all publick Profit as Taxes Fines Distresses and Amerciaments into the Kings Exche quer or where-ever the King shall appoint and to make such Payments out of it as he shall have due Order for At the Assizes he is to wait on and gard the Itinerant Judges so long as they continue within the County As to the Judicial Part of his Office he holds by virtue thereof two several Courts the one called the County-Court and the other the Sheriffs Turn The County-Court is held every Month by the Sheriff himself or his Deputy the Vnder Sheriff wherein he hears and determines Civil Causes of the County under 40 shillings which anciently was a considerable Sum. But this is no Court of Record The Sheriffs Turn is held twice a Year viz. within a month after Easter and within a montâ— after Michaelmas In this Court he inquire of all Criminal Offences against the Common Law wherein he is not restrained by any Statute For all the Bishops Earls Barons and all such as have Hundreds of their own to be kept are exempted from the Jurisdiction of this Court. In short this is a Court of Record in all Things that belong to it 'T is the Kings Leet through all the County whereof the Sheriff is Judge this Court being incident to his Office The Justices of Peace anciently called Wardens or Gardians of the Peace are such amongst the Gentry and sometimes amongst the Clergy as are appointed by the Kings Commission to attend the Peace of the County where they dwell Their Original is from the first year of Edward the III but they were not called Justices till the 36th Year of his Reign Their Office is to call before them examine and commit to Prison Rioters wandering Rogues Thieves Murderers false Moneyers those that hold Conspiracies and almost all Delinquents that may occasion the Breach of Peace and Quiet to the Kings Subjects and to see them brought forth in due time to Trial. If any one Swears himself to be in danger of his Life upon the Threats of another he may bind him over to his good Behaviour and the Justice shall commit him to Prison unless the finds good Security for his good Behaviour during a Year and a Day Among the Justices of Peace the Number whereof is as His Majesty thinks fit there are some particularly called Justices of the Quorum from these Words in the Commission Quorum A.B. unum esse volumus As for Example Where a Commission is directed to seven Persons or any three of them Whereof A.B. and C.D. to be two these are said to be of the Quorum because the rest cannot proceed without them So that a Justice of Peace and Quorum is one without whom the rest of the Justices in some Cases cannot proceed Every Quarter or three Months the Justices of each County meet at the chief or Shire Town from whence this Court came to be called the Quarter Sessions Where the Grand Inquest or Jury of the County is summoned to appear who upon Oath are to inquire of Malefactors Rioters and suspected Persons The G and Jury do's commonly consist of 24 grave and substantial Gentlemen or some of the better sort or Yeomen chosen indifferently or at least ought so to be by the Sheriff out of the whole Shire to consider of all Bills of Inditement preferred to the Court. Which Bills they do either approve by Writing upon them Billa Vera or disallow by indorsing Ignoramus Presently upon the Allowance of a Bill the Party concerned is said to be Indited and is committed to Prison But what Bills are Disallowed are delivered to the Bench by whom they are forthwith cancelled or torn If the approved Bills touch Life and Death they are further referred to another Jury to be considered of because the Case is of such Importance but others of lighter moment are proceeded upon by fining the Delinquents without any more ado Unless the Party traverse the Inditement or challenge it for Insufficiency or remove the Cause to a higher Court by Certiorari in which two former Cases it is referred to another Jury and in the latter transmitted to a higher Court. In short the Trial is usually referred to the next Assizes when the Judges at Westminster go their Circuits Originally this Court seems to have been erected only for Matters touching the Peace but now it extends much further The Sheriff or his Under-Sheriff is bound to attend upon this Court with his Constables Bayliffs
the King's Court because the Authority thereof originally belongs to the Crown In short this Court first derived from the Sheriffs Turn is ordinarily Kept but twice a Year and that at certain times But there is another Court incident to every Mannor called Court-Baron because in ancient times every Lord of a Mannor was stiled Baron To this Court are all the Tenants Summoned that belong to the Mannor where part of the Tenants being Sworn make a Jury which is not called the Inquest but the Homage Here the Steward sits as Judge and directs the Jury to enquire of such Things as are proper for this Court. And these principally Inquire of Copy-holders and Free-holders that be dead since the last Court and bring in their Heirs and next Successors They likewise Inquire of any Incroachment or Intrusion of Tenants against the Lord or among themselves They also make Orders and Laws amongst themselves with a Penalty annexed for Transgressors payable to the Lord of the Mannor In short these Courts are of great Use for Men that are willing to be ordered by their Neighbours and who prefer their Quiet and Advantage in Husbandry to the Trouble and Charges of Law-Suits Otherwise either Party may procure a Writ out of a higher Court to remove the Plea to Westminster Courts-Baron may be held every three Weeks or at any longer time according to the Lords pleasure I conclude with Constables called in some Places Headboroughs and in others Tithing-men whose Office is only Ministerial These Men says Sir Thomas Smith were formerly called Custodes Pacis or Guardians of the Peace and were in much greater esteem than they be now whose Power and Authority he supposes to have been equal with that of the present Justices of Peace Lambert looks upon this Office as a Stream of that great Dignity lodged in the Lord High Constable of England Out of this high Magistracy says he were drawn those lower Constables which we call Constables of Hundreds and Franchises First ordained by the Statute of Winchester 13 Ed. I. which appoints for the Conservation of the Peace and view of Armour two Constables in every Hundred and Franchise called in Latine Constabularii Capitales in English High Constables And by reason of the Increase both of People and Offences others were made in process of time called Petty Constables which are of like Nature but of inferiour Authority to the other The Office of a Constable is properly to apprehend such as break the Peace and common Malefactors and even Persons suspected of any Crime upon a Charge given them or a Warrant for it from a Justice For a Badge of his Authority he carries a long Staff painted with the King's Arms and for a Surprise sometimes he uses a short Staff which he hides till he thinks it convenient to produce it The Party apprehended he keeps in his Custody till he can bring him before a Justice of Peace who upon a strict Examination of the Fact and hearing of the Evidence commits the Party to Prison if he sees cause in order to his Trial. Upon which the Constable conducts him to Prison and there delivers him to the Goalers Custody with the Committimus directed by the Justice of Peace to the Jayler And the Party mustly in Prison till the Justices of Peace do meet either at their quarter-Quarter-Sessions or at their Goal-Delivery when the Prisoners are by Law either condemned or acquitâ—ed When he is upon Duty and about to apprehend one he may call his Neighbours to aid and whoever declines to give him assistance is liable by Law to Punishment In case of Theft Robbery or Murder in a Country Town or Village and the Malefactor be upon flight the Constable having notice of it is to raise the Parish in pursuit of him And this is called Hue and Cry If the Malefactor be not found in the Parish the Constable and his Assistants are to go to the next to get the Hue and Cry raised there by the Constable of it In this manner the Hue and Cry is carried from Parish to Parish till the Criminal be found And that Parish which does not do its Duty but gives way by its Negligence for the Malefactors Escape is not only to pay a Fine to the King but must repay to the Party robbed his Damages When the Malefactor is taken he is presently carried by the Constable or any other by whom he was apprehended to a Justice of Peace Who examines the Malefactor writes the Examination and if he do confess his Confession Then he binds the Party robbed or him that sueth together with the Constable and so many as can give Evidence against the Malefactor to appear at the next Sessions of Goal-Delivery there to give their Evidence for the King He binds them in a Recognizance of 10. 20. 30. 40. or 100. l. more or less according to his Discretion and the quality of the Crime Which being certified under his hand fails not to be levied upon Recognizance if they fail of being there Thus the Constables which formerly had much the same Authority as our modern Justices of Peace are now subservient to them upon all Occasions either to bring the Criminals before them or to carry them by their Command to the common Prison And accordingly this Office does commonly fall into the hands of Tradesmen and Artificers and Men of small experience and ability who hold it for a Year there being commonly two of them to each Parish chosen by the Vestry But the hardest part of their Office in London especially is their Watching a Nights and walking the Rounds in their several Parishes But then they have the chief Command of the Watch and because seldom a greater Power appears abroad at that time therefore a Constable came to be called the King of the Night CHAP. IX Of the Assizes BEsides the publick Justice administred at four times of the Year in Westminster both for Civil and Criminal Causes the Twelve Judges take twice a Year a Progress in the Country and exercise their Judicial Power in the several Counties the King is pleased to appoint them for The Times of the Year fixt for it are presently after the end of Hilary-Term and after the end of Trinity Term that being called the Lent and this the Summer Assizes In relation to which England is divided into Six Parts called Circuits Viz. 1. Home-Circuit Comprehending Essex Hartford Sussex Surrey Kent 2. Norfolk Circuit Comprehending Bucks Bedford Huntington Cambridge Norfolk Suffolk 3. Midland Circuit Comprehending Warwick Leicester Derby Nottingham Lincoln Rutland Northampton 4. Oxford Circuit Comprehending Berks Oxon Glocester Monmouth Hereford Salop Stafford Worcester 5. Western Circuit Comprehending Southampton Wilts Dorset Somerset Cornwal Devon 6. Northern Circuit Comprehending York Durham Northumberland Cumberland Westmorland Lancaster Besides the two Circuits for Wales viz. North and South Wales for each of which two Sergeants at Law are appointed Now these Courts are called Assizes and the Judges
thereof Justices of Assize from their Commission of Assize by vertue whereof they are to do Right upon Writs called Assizes and brought before them by such as are or pretend to be wrongfully thrust out of their Lands The Writs so called 1. Because they settle the Possession and so an outward Right in him that obtaineth by them 2. Because they were originally executed at a certain Time and Place formerly appointed 3. For that they are tried commonly by special Courts appointed for that purpose But besides this Commission there are four others by which these Itinerant Judges administer Justice in the Country As the Commission to take Nisi-prius directed to none but the Judges themselves and their Clerks of Assizes by which they are called Justices of Nisi prius Which is a common Adjournment of a Cause in the Common Pleas to put it off to such a Day Nisi prius Justiciarii venerint ad eas Partes ad capiendas Assisas from which Words Nisi prius the Writ came to be called a Writ of Nisi prius the Justices Justices of Nisi prius as well as Justices of Assize Yet there is this Difference that as Justices of Assize they have Power to give Judgement in a Cause whereas Justices of Nisi prius take only the Verdict Besides that those in a strict sense meddle only with the possessory Writs called Assize but these do deal in Causes both real and personal Another is a Commission of Peace in every County of the Circuit But the largest Commission of all is That of Oyer and Terminer directed to the Judges and many others of the best account in their Circuits but in this Commission the Judges of Assize are of the Quorum so as without them there can be no Proceedings This Commission gives them Power to judge of Treasons Murders and all manner of Felonies and Misdemeanors Lastly they have a Commission of Goal Delivery directed only to themselves and the Clerk of the Assize associate By which Commission they are to deal with every Prisoner in Goal for what Offence soever he be there Now these Courts are usually held at the principal Town of every County with great pomp splendour and feasting two Judges being appointed for every Circuit Then the Sheriff of the County is bound to attend in person with his Under-Officers the Clerks Stewards of Courts Bayliffs of Hundreds Constables Jaylors Sergeants or Beadles and a gallant Train of Servants in rich Liveries all riding on Horseback at the Reception of the Judges whom they wait on and guard so long as they continue in the County If the Sheriff cannot come himself he must depute one to fill up his Place who is to be allowed by the Judges The Justices of Peace are also to wait on the Judges And if either the Sheriff or they fail in this part of their Duty without lawful Impediment the Judges may set a Fine upon him or them at their pleasure and discretions The Dispatch of these Itinerant Judges in the Administration of Justice in their several Circuits is worthy our Observation For within each County all Controversies grown to Issue in the Courts at London are commonly determined here in two or three Days Which is done not as in forein Countries by the sole Arbitrement of the Judges but by a Jury of Twelve Men in each County chosen by the Sheriff thereof and only directed in point of Law by the Judges For every Trial by Assize be the Action civil or criminal publick or private personal or real is referred for the Fact to a Jury as it is in most Courts of the Common Law and as they find it so passeth the Judgement The Way of Trying Criminals in England being something singular and different from other Nations it will not be improper after that excellent and most ingenious Author Sir Thomas Smith to shew the Manner of it were it but for the satisfaction of Foreiners How Criminals are taken into Custody in order to their Trial and how the same are Indited at the Quarter-Sessions I have already shewed The Inditement is no definitive Sentence but only Praejudicium or the Opinion the Country has of the Malefactors Case Therefore Men are often Indited in their absence But no Man once Indicted can be delivered without an Arraignment for as a Jury of Twelve Men have given a Prejudice against him so Twelve again must acquit or condemn him At the Assizes the Judges sit either in the Town-house or in an open Place where a Tribunal is set up for Judgement The Judges sit in the middle the principal Justices of Peace on each side of them according to their Degree and the rest on a lower Bench before the Judges Seat Something lower a Table is set before them at which the Custos Rotulorum or Keeper of Writs the Under-Sheriff the Escheater and the Clerks do sit Near the Table there is a Bar for the Jury to come in when they are called and behind that space another Bar for the Prisoners to stand at who are brought thither in Chains Then the Cryer crieth and commandeth Silence One of the Judges makes a short Speech wherein he declares amongst other Things the cause of their coming His Speech is no sooner ended but the Prisoners are called in by Name and every one must answer to his Name Then the Keeper of the Writs produces the Inditements and the Judges name one or two or three of the Prisoners Indited to proceed upon their Trial. The Clerk bids one of them come to the Bar and hold up his hand Then he charges him with his Crime to which he bids him answer Guilty or Not Guilty If the Prisoner stands mute and will not answer after he has been once or twice so Interrogated which happens very seldom he is Judged Mute or Dumb by Contumacy the Punishment whereof is to be Pressed to Death of which more afterwards If the Prisoner cries Guilty which is but seldom too his Trial is over and all the Business is to pronounce Sentence upon him according to Law But the common Answer is Not Guilty though the Party be never so apparently Guilty and his Answer be perhaps contrary to his Confession of the Fact before the Justice of Peace by whom he was examined and committed The Reason is because he flatters himself that he may chance to come off for want of right Evidence For the Law of England is so tender of Mens Lives that unless the Evidences which are upon their Oaths be positive and clear against any Prisoner he may come off Upon the Prisoner's pleading Not Guilty the Clerk asketh him whether he will be Tried by God and the Country If he answer Yes the Clerk tells him he has been Indited of such a Crime c. That he has pleaded Not Guilty to it â—nd that being asked how he would be Tried he has answered by God and the Country Then he tells him of the Jury present that represent the
the Garter 219 Knights Baronets 223 Knights of the Bath 224 Knights Batchelours Ibid. Knights Banerets 229 L. LAnd-Forces 177 Language of the English 12 English Laws 59 Lent-Preachers 171 The Lord Lieutenant's Power 179 Way of Living among the English 31 M. MAritime Power 181 Earl Marshal of England 131 Master of the Horse 161 Master of the Houshold 149 150 Master of the Wardrobe 160 Master of the Robes 162 Master of the Revels 163 Master of the Ceremonies 164 Maundy Thursday the Ceremony of that Day 173 English Measures 53 Merchants 229 Militia 178 Millenarians 70 Mint-Officers 51 N. ENglish Names 21 Nobility of England their Creation and Distinction 210 c Their Priviledges 215 Noble Women 258 O ORder of the Garter 219 Ordination of Priests and Deacons 251 Ordnance its Office and Officers 194 c. Original of the English 1 c. Oxford Regiment 168 P. PArsons 250 Patrons of Churches 252 Pledging the Original of it 43 Post-Office 47 Poverty a description thereof 230 Power of the King by Sea and Land 113 Prebendaries 248 Prerogative of the King 109 Presbyterians 68 President of the Council 129 Prince of Wales 122 Prince George 208 Princess Ann ibid. Privy Purse 162 Privy Seal 129 Proclamation of the King 98 Pursuivants 163 Q. QVakers 70 Sovereign Queen of England 121 Queen Mary's Character 143 Queen Consort 122 Queen Dowager 122 The present Queen Dowager 207 R. ENglish Recreations 39 Recusants 71 Reformation of the Church of England 63 Regency 117 Religion of England 61 Religion alters the Temper of Men 71 Revenues of the King of England 115 Revenues of the present King Queen 199 Revenues of the Clergy 253 Revenues of the Bishops 244 Rural Deans 249 S. SCotlands Union with England 85 c. Sergeants at Arms 163 Servants 266 Act of Settlement 119 Sextons 257 Ship-yards and their Officers 190 Sidesmen 257 Marks of Sovereignty 94 High Steward of England 126 Lord Steward of the King's Houshold 148 Succession to the Crown 118 T. TEmper of the English 4 Tenure in Villenage 268 Title of the King to the Crown of France 89 Tobacco the Benefits of it 38 The great Trade of England 55 Train-Bands see Militia The English way of Travelling 46 The Lord High-Treasurer 128 Treasurer of the King's House 150 V. S. VAlentines Day 45 Vestry 258 Vicars 253 The Vnreasonableness of the present disaffected Party 144 W. WAles its Union with England 84 Wardrobes of the King 160 Weights used in England 52 Women 258 Laws concerning them 260 261 Y. YAchts 186 Yeomen 228 Yeomen of the Gard 167 The Table FOR THE THIRD PART A ALdermen 73 Alienation Office 53 Apprentices Laws concerning them 112 Aâ—â—zes 80 Attachment 95 B. BAyliffs 74 Benefit of the Clergy 58 C. CHancery see Court Circuâ—ts 80 Clerk of the Market 72 Commission of Assize 81 Commission of Nisi-prius ib. Commission of Peace 82 Commission of Oyer Terminer ib. Commission of Gaol-delivery ib. Committees 30 c. Common Pleas see Court Constables 77 Convocation 96 Coroners 71 Privy Council 43 County Court 68 Court of Chancery 49 Court of King's Bench 55 Court of Common Pleas 59 Court of Exchequer 62 Court of Dutchy of Lancaster 66 Court of Admiralty 91 Court of Marshalsea 94 Court of Requests 94 Court Martial 91 215 Court Leet 75 Court Baron 76 Courts of Conscience 94 Prerogative Court 102 Court of Arches 100 Court of Audience 102 Court of Delegates 103 Court of Peculiars 104 Court of the Lord Mayor of London 106 Court of Aldermen at Lond. 107 Court of Common Council 108 Court of Goal-Delivery 110 Court of the London Sheriffs 111 Court of the Chamberlain ib. Court of the Orphans 114 Cursitors Office 52 H. HEadboroughs 77 House of Lords 11 House of Commons 12 Hustings 109 J. GRand Jury 70 L. A List of the Kings Houshold Officers and Servants 135 A List of the Gentlemen of the King's Bedchamber 144 A List of the Genâ—l Pensioners 152 A List of the Yeomen of the Guard Officers 153 A List of the Officers of the four Troops of Horse ib. A List of the Officers of the Oxford Regim 158 A List of the Officers of the Foot-guards 159 A List of the Chappel Royal 161 A List of the Queens Houshold 163 A List of the Nobility 168 A List of the Bishops 174 A List of the House of Commons 175 A List of the Privy Council 191 A List of the Lords Commissioners and Officers of the Court of Chancery 193 A List of the Judges and Officers of the C. of Kings Bench 19â— A List of the Judges and Officers of the C. of Common Pleas 200 A List of the Judges and Officers of the C. of Exchequer 203 A List of the Judges and Officers of the Dutchy of Lancast 206 A List of the Attorney aâ—â— Solicitor General Sergeants and Council at Law ib. A List of the Lords Commissioners of the Treasury 208 A List of the Officers of the Custom 209 A List of the Officers of the Excise 210 A List of the Officers of the General Post-Office 211 A List of the Officers of the Mint 212 A List of the Lords Commissioners of the Admiralty 213 A List of the Admirals 214 A List of the Commissioners other Officers belonging to the Navy ib. A List of the Officers of the Martial Court 215 A List of the Lords Lieutenants 216 A List of the Governours of Foregn Plantations 219 A List of the Consuls in Foreign Parts 220 A List of the Foreign Ministers residing here ibid. A List of the Knights of the Garter 221 A List of the Knights made by K. William 222 A List of the Deans in England Wales 225 A List of the Colledge of Civilians 226 A List of the Colledge of Physicians 230 A List of the Lord Mayor and Aldermen of London 232 A List of the Lieutenancy of London 234 A List of the Governours of the Charterhouse 236 A List of the Chancellor Vice-Chancellor Heads of Colledges and Halls Proctors Orator and Professors in Oxford University 237 A List of the Chancellor Vice-Chancellor Heads of Colledges and Halls Proctors Orator and Professors in Cambridge 239 M. MAster 's of Chancery 50 Master of the Rolls 51 Mayors 73 P. PAper-Office 47 Parliament of England 1 Pie-powder Court 96 Privy Council 43 Q. QVarter Sessions 70 S. SEcretaries of State 45 Sheriffs 67 Sheriffs Turn 68 Signet-Office 47 Speaker of the House of Lords 10 Speaker of the House of Commons 14 Stewards 75 Subpoena Office 53 Swainmote 95 T. TRial of Malefactors 83 W. WArden of the Fleet 54 ERRATA PART I. Page 4. line 12. read Wiltshire p. 7. l. 10. dele of and l. 12. r. third p. 29. l. 5. r. Lincoln p. 81. in the list 1. Burntwood p. 89. l. 11. r. be p. 116. l. 10. r. Rockingham p. 291. l. 25. r. 1209. p. 302. r. only Grocer's Hall p. 324. l. 6. r. 25. p. 329. l. 13. r. 9000. p. 331. l. 16. r. manner p. 341.
now the chief Prison where Persons of quality that are charged with Crimes against the Government are kept in Custody Here are also many Dwelling-Houses foâ— the Officers that belong to it either as aâ— Arsenal or a Mint c. And as an Arsenal here is kept the Office of his Majesties Oâ—dinance to be explained in my second Part For the publick Devotion of all the Dwelleâ—â— in the Tower there is within its Walls onâ— Parochial Church called S. Petri ad Vinculâ— infra Turrim being the Kings Donative without Institution and Induction and exempâ— from all Ecclesiastical Jurisdiction of the Archbishop The Government of the Tower as it is a Place of great Trust so it has been usually put in the hands of two Persons of great worth the one called Constable and the other Lieutenant of the Tower The Constable has the chief Command and is Lord Lieutenant of the 21 Hamlets belonging to it which ly in several Parishes of large extent Whose Train-bands making two intire Regiments of Foot and above 3000 Men are to attend the Kings Person when commanded but are to march no farther than the King They were sometimes the Gards of the Tower and are bound if occasion be to reinforce the Garrison upon the Constable's Command Who by his Place is to be in the Commission of the Peace for the City of London and the Counties of Middlesex Kent and Surrey And so is the Lieutenant who is subordinate to the Constable for the time being but in his absence commands with the full Power of both His Salary is 200 l. per annum with all the Fees and Perquisites which are very considerable both from the Prisoners that happen to be in the Tower and from the Warders Places which are all at his Disposal Under the Command of the Constable and the Lieutenant of the Tower in his absence are the Gentleman Porter the 24 â—eomen Warders and the Gunners of the Tower The Gentleman Porter who holds his Place by Patent has the Charge of the Gates The Keys whereof he is every night to deliver to the Constable and in his absence to the Lieutenant and to receive them of him the next morning He commands the Warders that are upon duty and claims for his Fee at the entrance of a Prisoner his Upper Garment or else a Composition for the same The Warders are accounted the King's Domestick Servants and sworn accordingly by the Lord High Chamberlain or by the Clerk of the Check Their Duty is to wait at the Gates and by the Lieutenant of the Tower's appointment to attend Prisoners of State which is the most profitable and beneficial part of their Station At the Gates they examine every Stranger that offers to go in and before admittance according to the Rules of Military Discipline those that â—ear Swords must leave 'em in their hands â—ill they go out Ten of them are usually upon the Days Wait and two upon the Watch â—very night The Gunners are to look after the Ordâ—ance mounted on the Batteries and Lines â—nd ready for Service on the shortest Warning One or more of them are upon Duty â—ay and night to wait for Orders For the Liberty of the Tower to which â—as been annexed the old Artillery Garden â—y Spittle-Fields and the little Minories here is an ancient Court of Record held by a Steward every Monday by Prescription for Debts Trespasses c. And in the said Liberty the Gentleman Porter has the same Power and Authority as Sheriffs have within their respective Counties He constitutes Bayliffs thereof to execute all Process and Warrants directed to them by the Steward of the Court and has all Escheats Deodands and Goods of all Felones deâ—se For Ecclesiastical Causes and Probate of Wills the Tower and Liberties thereof have a Royal Jurisdiction From which there is no Appeal but to the King in his Court of Chancery who thereupon issues out a Commission under the Great Seal as in Appeals from the Arches or Prerogative Courts But whether the Tower be in the County that is under the Jurisdiction of Middlesex or in the Liberty of the City 't is undetermined to this day Some will have it to be part of it in Middlesex and part in the Liberty of the City And in the Case of Sir Thomas Overbury's Murder the Judges Opinion was that the Trial must be made in the City the Fact being done in that Part of the Tower held to be in the City Liberties Next to the Tower I come to the Custom House placed between the Tower and thâ— Bridge Which having been destroy'd by the Fire in the Year 1666 was soon afteâ— rebuilt much more commodious uniform anâ— magnificent and the Building cost the Kinâ— 10000 pounds Here are received and managed all the Impositions laid upon Merchandise Imported and Exported from this City Which are so considerable that of all the Customs of England divided into 3 Parts the Port of London pay's two Thirds that is when Trade flourishes about 400000 l. yearly In this Office are imploy'd a great Number of Officers an Account whereof you will find in my Second Part where I speak of the King's Revenues The Bridge of London offers it self in the next place to our Consideration Which considering the constant great Flux and Reflux at that Place was certainly a very difficult and costly piece of Work It consists of 19 Arches at 20 foot distance of each other with a Draw-bridge almost in the middle 'T is about 800 foot long and 30 broad Set out with a fine Row of Houses all along with Shops furnished with most sorts of Commodities So that it looks more like a Street than a Bridge the Street being widened in the late Reign from 12 to 20 foot It was built in the year 1200 in the Reign of King John And so great are the Charges of keeping it in repair that there is a large Revenue in Lands and Houses set apart for that purpose and two Bridge-Masters besides other Officers chosen out of the Liverv-men on Midsummer-Day to look after the same Near this Bridge is the fatal Place where the dreadful Fire afore-mentioned first began In perpetualâ— Memory whereof was erected by virtue of an Act of Parliament that â—aster-piece of Building called the Monument begun Anno 1671 in the Mayoralty of Sir Richard Forde Knight and finished Anno 1677 Sir Thomas Davies being Lord Mayor of London This Pillar not unlike those two ancient white Marble Pillars at Rome erected in honour of the Emperours Trajan and Antonius is all built of Portland Stone as durable almost as Marble and is of the Dorick Order 202 foot high and 15 foot Diameter Within-side is a fair winding Stair-case with Iron rails up to the top where this stately Pile is surrounded with an Iron-Balcony yielding a pleasant Prospect all over the City The Pedestal is 40 foot high and 21 foot Square the Front of it adorned with ingenious Emblems and the North and
Warranto brought in at the latter end of Charles II his Reign and a new Charter granted the City but with several Restrictions of great moment yet that Judgement was Reversed upon their late Application to the Parliament and their ancient Charter Confirmed So that Things run now as they did before that Judgment in their proper Channel For Military Affairs the City of London is a Lieutenancy of it self So that the Power of a Lord Lieutenant is in the Lord Mayor and Aldermen and other principal Members of the City for the Time being Who by a peculiar Commission from His Majesty are authorized to act as his Lieutenants in London for the ordering the City-Militia with the same Power that the Lord Lieutenants have in their respective Counties Now the City-Militia consists of 6 Regiments of Foot making about 90000 men besides the Hamlets of the Tower 2 Regiments and the Regiment of Southwark To which if we add the Militia of Westminster consisting of 2 Regiments called Holborn and Westminster each of 2000 men we find in all eleven Regiments But in case of Necessity the Auxiliaries are raised consisting of Apprentices which make up six Regiments more every Freeman that has two Apprentices finding one for that purpose To supply the City Train-Bands and Auxiliary men with Commanders there is a Nursery of Souldiers called the Artillery Company of above 60 Years standing This Company consists of 600 choice men commanded in chief by the King and under his Majesty by a Leader Who exercises this Company every Tuesday fortnight in the Artillery-Ground a spacious Place near Moorfields inclosed for that purpose with a fair Brick-Wall And the other Tuesday the Exercise is performed by the several Members of the Company who are there trained up to command most of them being Commanders of the Train-Bands They have a Court-Marshal consisting of a President Vice-President Colonel and 24 Members of the Company On the second Tuesday in February is their general Rendezvous every Year when they chuse their Officers Which besides the Leader are two Lieutenants 2 Ensigns 2 Sergeants a Provost Marshal 3 Gentlemen of Arms c. The Church-Government is by the Bishop of London The Parishes whereof for the most part provided with able and eminent Divines under the Title of Rector or Vicar are under his Jurisdiction And for maintaining these Divines with their Families there is in most Parishes a Parsonage or Vicarage-House with a yearly Allowance besides the Perquisites arising from Christenings Marriages and Burials Which Allowance since the Reformation falls much short of what it was in the time of Popery when besides the Tythes of the Tradesmens Gains the Mortuaries Obits c. the Priest tho' in a state of Celibacy had 3 shillings and 5 pence in the pound of the yearly Rent of all the Houses and Shops in his Parish Which afterwards was brought to 2 shillings 9 pence in the pound by an Act of Parliament under the Reign of Henry VIII and that confirmed by a subsequent Act. But since the Reformation this being lookt upon as too large an Allowance it has been so curtailed that 't will be hard to bring back that golden Age. 'T is true under the Reign of Charles II. a Regulation was made by Act of Parliament but it concerned only those Parishes whose Churches had been demolished by the dreadfull Fire And according to the several Extents of Parishes the Parsons thereof by virtue of that Act have a certain yearly Allowance none under 100 Pounds and none above 200 but most between one and two hundred Pounds The same to be raised in lieu of Tythe within the said respective Parishes by rating the Houses and Shops therein proportionably to their respective Rents As to those Parishes all over the City and Suburbs where there is besides the Parson a Lecturer he has his maintenance no otherwise than by a voluntary Contribution from the Parishioners As for the City of Westminster the Dean and Chapter are invested with all mander of Jurisdiction both Civil and Ecclesiastical not only within the City of Westminster but also in other Places of their Jurisdiction as the Precincts of S. Martin le Grand within the Walls of London and some Towns in Essex The Dean in particular has a Commission of Peace within the City and Liberties of Westminster The principal Officer in it called the High Steward of Westminster is usually one of the prime Nobility Under whom there is a Deputy Steward then the Bayliff and the two high Burgesses these chosen every Year Within the Precincts of Westminster but chiefly near the Court the Nobility and Gentry take up for the most part their Quarters But the proper Station of the Lawyers is in their Inns between the City and the Court and that of Merchants and Seamen in and about the East-end of the City Thus you have a short Description of the famous City of London the Metropolis of England the Seat of the British Empire the Epitome and Glory of this Kingdom A City which for Greatness Beauty Conveniencies Plenty of Provisions Commerce Riches and good Government is inferiour to none beyond Sea 'T is a Magazine of all sorts of Commodities necessary or expedient for the Use or Pleasure of Mankind The great Rendez-vous of the Nobility Gentry Courtiers Divines Lawyers Physicians Merchants Seamen of the best Artificers the most refined Wits and the greatest Beauties of the Land For a constant Supply of Provisions here are abundance of Markets the best furnished of any in Christendom but especially Leaden-Hall-Market near the Royal Exchange in the City the greatest Flesh-Market about the City and a great Magazine of Corn. So that there is scarce a great City in Europe where poor People or such as love a frugal Life may live cheaper or the splendid Liver gallanter To get a Livelyhood and raise himself in the World no Place like this by Mechanick or Liberal Arts by Merchandizing Offices Preferments c. For Conveniencies and Delight here all is at hand and scarce any Thing wanting that Money can purchase In point of Society here learned and unlearned high and low rich and poor good and bad may fit themselves any where And this I must needs say to the Praise of London that there is not a Place in Europe of such a vast Confluence of all sorts of People where Murders and Outrages so frequent in great and populous Cities beyond Sea are so seldom heard of Which argues a great deal of Wisdom in the Magistrate that so great a Body should be kept in so good Order William the Conquerour to prevent Disorders and Mischiefs in the Night commanded that in every Town and Village a Bell called Curfew-Bell a Corrupt Word from the French Couvre-feu should be rung every Night at 8 of the Clock and that all people should then put out their Fire and Candle This continued in his Reign and that of his next Successor William Rufus But Henry I. revoked
Commissions Deeds and Recognizances which being made up in Rolls of Parchment gave Occasion for that Name From whence the verâ— House where the same are Kept is also called 〈◊〉 Rolls which being founded at first for the converted Jews was after their Expulsion out of England annext for ever to the Office of Master of the Rolls Here are kept all the Rolls since the beginning of Richard the Third's Reign and the former Rolls in the Tower In this House the Master of the Rolls may Jure Offâ—cii and by vertue of a Commission hear Causes with two Masters and without the Chancellour He has in his Gift those considerable Offices of the Six Clerks in Chancery the Examiners Offices three Clerks of the Petty-bag and the six Clerks of the Rolls Chappel where the Rolls are kept In Parliament-time when he sits in the House of Lords he sits upon the Second Woolsack next to the Lord Chief Justice of Engand Next in degree to the Twelve Masters in Chancery are the Six Clerks aforesaid who keep their several Offices at a Place called the Six Clerks Office in Chancery-Lane and constantly Keep Commons together in Term-time Their Business is for the English part of this Court to inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are also Attorneys for Plaintiffs and Defendants in Causes depending in this Court Under these are Sixty other Clerks viz. ten to each amongst which some get four or five hundred Pounds a Year and some more These also have their Under-Clerks who dispatch with them the Business of this Office For the Latine Part there is the Cursitors Office Kept near Lincolns Inn. Of these there are 24 whereof one Principal and two Assistants Their Business is to make out Original Writs for which purpose each of them has certain Counties and Cities allotted to him into which he makes out such Original Writs as are required These Clerks are a Corporation of themselves who execute their Offices by themselves or Deputies There are several Officers besides belonging to the Chancery As the Clerk of the Crown Who either by himself or Deputy is continually to attend the Lord Chancellour or Lord Keeper for special Marters of State and has a Place in the House of Lords He makes all Commissions of Peace of Oyer and Terminer Goal-Delivery and upon the Death or Removal of any Members of Parliament sitting makes all Writs for New Elections There is also a Protonotary whose Office is chiefly to dispatch Commissions for Embassies A Register of the Court of Chancery and two Registers for the Rolls The Clerk of the Hamper or Hanaper Who receives all the Mony due to the King for the Seals of Charters Patents Commissions and Writs In Term-time and at all times of Sealing he attends the Chancery-Court with all Sealed Charters Patents c. put up in Leathern Bags Instead of which Hampers were probably used in our Fore-fathers time and the Clerk called from thence Clerk of the Hamper Those Bags are delivered by the Clerk to the Comptroller of the Hamper Three Clerks of the Petty-Bag whose Office is to make all Patents for Customers Comptrollers all Conge d'Eslires first Summons of Nobility Clergy Knights Citizens and Burgesses to Parliament c. The six Clerks of the Rolls Chappel which togetheâ— with the Clerks of the Petty-bag are under the Master of the Rolls And so are the Two Eâ—â—caminers whose Office is to examine the Witnesses on their Oaths in any Suit on both sides A Clerk of the Patents another of the Reports and a Clerk or Secretary of the Presentation of Spiritual Benefices There is besides a Subpoena Office to issue out Writs or Summons for Persons to appear in Chancery Another Office for filing all Affidavits in the Court of Chancery Besides the Alienation Office to which are carried all Writs of Covenant and Entry whereupon Fines are levied and Recoveries suffered to have Fines for Alienation set and paid thereupon This Office is executed by 3 Commissioners who set those Fines The Warden of the Fleet or Keeper of the Fleet-Prison is a considerable Office His Business is to take care of the Prisoners there who are commonly such as are sent thither from this Court for Contempt to the King or his Laws though there are others upon the Account of Debts c. There is also a Sergeant at Arms whose Office is to bear a gilt Mace before the Lord Chancellour or Keeper Lastly whereas other Courts of Justice are never open but in Term-time this is at all times open For if a Man be wrongfully Imprisoned in the Vacation the Lord Chancellour may grant a Habeas Corpus and do him Justice according to Law as well in Vacation as in Term-time Which is not in the Power either of the King's Bench or Common-Pleas to do in the Vacation This Court likewise may grant Prohibitions at any time either in Term or Vacation CHAP. IV. Of the Court of Kings Bench. THis Court is called the Kings Bench because in it are handled all Pleas of the Crown as all manner of Treasons Felonies Misprision of Treason c. But it has Power besides to examine and correct all Errours in fait and in Law of all the Judges and Justices of the Realm in their Judgements and Proceeding in Courts of Record and this not only in Pleas of the Crown but in all Pleas real personal and mixt the Court of Exchequer excepted This Court has also Power to correct other Errours and Misdemeanors extrajudicial tending to the Breach of the Peace or Oppression of the Subject It grants Prohibitions to Courts Temporal and Ecclesiastical to Keep them within their proper Jurisdiction and may bail any Person for any Offence whatsoever If a Freeman in City Borough or Town Corporate be Disfranchised unjustly this Court may relieve the Party although he has no Priviledge in it This Court moreover has power to hold Plea by Bill for Debt Detinue Covenant Promise and all other personal Actions against any that is in the Marshals Custody or any Officer Minister or Clerk of the Court. For if they should be sued in any other Court they would be allowed the Priviledge of this in respect of their necessary Attendance here and lest there should be a failure of Justice they shall be Impleaded here by Bill though these Actions be common Pleas. Likewise the Officers Ministers and Clerks of this Court priviledged by Law may Implead others by Bill here in the foresaid Actions In short the Jurisdiction of this Court is general and extends all over England 'T is more uncontrolable than any other Court because the Law presumes the King to be there in person For anciently the Kings of England sat sometimes in this Court and that on a high Bench his Judges at his Feet on a low Bench. From whence some think this Court came to be called the King's Bench. However the Judicature always belonged to the Judges and in the King's