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-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
that Order and Henry III. Anno 1253. commanded Watches to be kept in Cities and Boroughs for the Preservation of Peace and Quietness among his Subjects Therefore there are in the respective Streets of London to this day convenient Stations for the Watchmen who are to examine all Persons walking in unseasonable Hours and to secure till next Day such as are either suspicious or riotous And then they bring them before a Justice of Peace who deals with them according to the Merit of the Cause Thus Murders Robberies Felonies Fires and other Evils are oftentimes prevented which could not be avoided in so great and populous a Place where a great many wicked People ly lurking for Mischief This Duty of Watching is commonly performed by Men hired for that purpose and paid for 't by the Citizens under the Command of a Constable assisted by the Eeadle of the Parish In case of a publick Riot the King usually sends a Party of his Gards to suppress it and if occasion requires part of the Militia is raised But to draw to a Conclusion if we cast our Eyes upon the vast Traffick and Commerce whereby this Place is become so flourishing it will every where afford matter of Admiration The same does plainly appear by the Customs yearly paid for all Merchandise Imported and Exported by the great Wealth of many Citizens by the infinite Number of Shops both in the City and Suburbs for the Retailing Trade and lastly by the incredible Abundance of Apprentices which are here brought up to all manner of Trades The Customs for this City alone tho' very moderate in comparison of most other Places in Europe did lately amount to near 400000 l. a Year The Wealth of the Citizens so vast that some of 'em for great Estates in Mony c. excel some Princes beyond Sea and live accordingly in great state and plenty few so penuriously as most of the Dutch Merchants do The Number of Shops both in the City and Suburbs so great and indeed so far beyond that of any foreiâ— City that it is to Strangers a just Matter of Amazement Proportionable to which is That of the Apprentices reckoned to be at least forty thousand Now this great Trade of the Londoners runs into three several Streams 1. among themselves 2 in the Country and 3 beyond Sea of which in my second Part. Only I shall observe here that the vast Trade of this Place has chiefly occasioned that great Appearance in it of Pictures in the Air a Thing taken particular notice of at the first view by Strangers I mean the Multitude of Signs which hang before the Houses many of them very rich and costly and all together yielding a fine Prospect But on the other side its frequent Dirt in Winter and Dust in Summer are two such Nusances as take off very much from the Glory of it And yet both of them might with ease be Remedied and will I hope in time For in point of Cleanness few Towns are better Seated than London is standing upon an easy Ascent from the River And the Allowance for it from each House-keeper is so considerable that one would think it enough to keep it cleaner than it is But the Truth is there 's a sort of Chymists that can extract Gold out of Dirt. And I conjecture the less Care has been taken to take off that Reproach from so noble a City because of the two great Conveniences it has to go free from the Dirt from one End of it to the other that is by Land in Coaches and by Water in Boats Besides that the principal Streets and most of the New Buildings are paved a good convenient Breadth on each side with smooth hewn Stone for the benefit of Foot-Passengers Which is a great Commodiousness as well as an Ornament I conclude as to Loudon with three notable Conveniencies it has not elsewhere to be found Viz. the New Lights the Peny-Post and the Insurance-Office for Houses in case of Fire The New Lights is so ingenious and usefull an Invention that Mr. Edmund Heming the Inventor deserves an immortal Praise for it He brought it to light about 6 Years ago with a Patent from King Charles II for the Injoyment of the Profits thereof And such is the Reflexion of these Lights tho' at a good distance from each other that few of them serve to light a whole Street in the Night better than ten times the Number of Glass Lanthorns For by the regular Position of one of them before the Front of every tenth House on each side of a broad Street there is such a mutual Reflection that they all seem to be but one great solar Light And so cheap is this Conveniency that for five Shillings down and five Shillings a Year for five Years to be paid at two Quarterly Payments the Inventor obliges himself to light the Front of ones House from Michaelmas to Lady Day every Night from six to twelve beginning the third Night after every Full-Moon and ending the sixth Night after every New Moon which is in all 120 Nights The Peny-Post is such a Contrivance that for one Peny a Letter or Parcel not exceeding one pound Weight or ten pounds in value is presently conveyed from all Parts of the Town and Suburbs to the remotest Places thereof And it has been so far improved since the first settling of it as to reath ten miles about London He that sends pays the Peny â—nd when the Letter or Parcel goes beyond the Bounds of the Weekly Bills of Mortality the Receiver pays another Peny To carry on this usefull Design first there are about the Town four or five hundred Houses to take in Letters and Parcels And to convey them according to their Directions there are about 100 messengers imployed from Morning to Night to call every Hour at the said Houses and take what Letters and Parcels they find there Who carry the same to their respective Offices from whence the Letters and Parcels are dispatched away according to their Directions The Offices are six in Number Viz. The General Office St. Paul's Office The Temple Office Westminster Office Soutwark Office The Hermitage Office The General Office is in Star-Court in Cornhill and has 3 Clerks belonging to it whereas the rest have but two Clerks each The whole Concern is managed in chief by three Persons a Comptroller an Accomptant and a Receiver Every one of the Messengers imployed in the bringing in and carrying out of Letters gives 50 l. Security by Bond to the Office for his Fidelity And for this Contrivance the Publick is indebted to that ingenious Citizen of London Mr. William Dockwrea who settled it some Years since not without much trouble and cost But the late King when Duke of York sued him for the lame as his Right and carried it from the Inventor So that the Benefit of it is now inherent in the Crown The Insurance Office for Houses in case of Fire is also an
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-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
become bound to bring in an Inventory the Court of Aldermen have power to send him to Newgate there to remain till â—he submit and the Courts at Westminster will not release such Person After the Bond given the Executor must procure 4 Freemen to appraise the Testator's Goods In order to which he must cause them to appear before a Justice of Peace in London and take their Oaths that they shall make a just and true Valuation and Appraisement of the Goods and Chattels of the Deceased according to the best of their Judgements and Skills When the Appraisement is to be made the Common Crier is to have notice of it before-hand being appointed by the Court of Aldermen to see the same be fairly done and to the best advantage of the Orphan And unless the Common Crier or his Deputy be present and the Inventory signed by the Common Crier the Court of Aldermen will not allow thereof The Appraisement being made as aforesaid and signed by the Common Crier and the Appraisers it must be given to the Common Sergeant of the City or one of his Clerks at his Office in Guildhall-Yard he being the only Person intrusted by the Court of Aldermen to take all Inventories and Accounts of Freement Estates If he approves thereof he will cause it to be Ingrossed and a Duplicate of it to be made for the Executor or Administrator And when the same is examined by him and his hand set thereto in testimony thereof the Executor or Administrator must in the Court of Aldermen swear the same Inventory to be a true Inventory of the Goods and Chattels of the Party deceased according to the best of his Knowledge When the Inventory is so exhibited the Executor must become bound in a considerable Penalty either to bring in the Mony that shall appear due to the Orphans by the Inventory or within two Months to give good Security to pay the same into the Chamber of London for the Use of the Orphans when they shall come to Age or be married If the Executor pay the Mony into the Chamber of London the Court of Aldermen usually allow five per Cent Interest for so much Mony of the Testator's Estate as is due to the Orphans by the Custom of London so as the same exceed not 500 l and for Legacy-mony 3 l. 6 s. 8. d. per Cent. But if the Executor shall not think fit to pay the Mony into the Chamber he must become bound with 3 Sureties to the Chamberlain of London for the time being in one or more Recognizances or else by Bond to pay the Mony due to Orphans And in case the Security live within the Liberties of London they must be bound by Bond. Now as to Recognizances the Custom is never to make any touching Orphans of greater Penalty than 400 l. and not for the Payment of above 300. Therefore if the Sum for Example be 900 l. the Security must become bound by 3 Recognizances each for the Payment of 300 l. If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to account for the Rents and Profits thereof The Securities must take particular care that â—one of the Orphans marry or be put Apprenâ—ice with their Consents without the Leave of the Court of Aldermen first obtained for that â—urpose And as the Orphan comes to be of the Age of 21 Years or to be married with the Consent of the Court of Aldermen the Securities must take care to bring him to Guildhall with a person to prove his Age. Then the Orphan must acknowledge satisfaction for the Mony due to him or her of the Testator's Estate which must be done in the Court of Aldermen And upon Motion made by Mr. Common Sergeant the Court does order that all Bonds entered into for the Payment of such Orphan's Portion shall be delivered up and cancelled And if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances The Chamber of London is counted the safest and best Security in or about London 〈◊〉 the Moneys paid therein to the Use of the City or any Orphan being constantly repaid upon Demand without any trouble And when Orphans come to Age or be married with the Consent and Approbation of the Couâ— of Aldermen they may receive their Portion if paid into the Chamber at an hours notice though the Sum be 10000 l. or more Mâ— Chamberlain and his Clerks attending daily 〈◊〉 that purpose The finding or Interest Mony is constantly paid as it becomes due and the Court haâ— always taken great Care that every Orphaâ— shall receive his or her Portion out of the Chamber of London without paying any other or greater Fees than has been paid timâ— out of mind The Custody of Orphans is committed by the Court of Aldermen to such Person or Persons as they think fit And if any Person whatsoever do intermarry with any Orphaâ— without Leave of the said Court such Persoâ— may be fined by that Court according to the quality and portion of the Orphan And unâ—â— less such Person do pay the Fine or give Bonâ— to pay the same in some reasonable Timâ— though he shall have ten times a better Estate 〈◊〉 the Orphan he intermarries yet the Court may commit him to Newgate there to remain â—â—til the Fine be paid But if he settle an Estate upon the Orphan as the Court shall diâ—â—ct and make application to the Court â—â—y Petition to have the Fine remitted they â—ill in probability shew favour to such Perâ—on as they have done in the like Caâ—s The Lord Mayor Aldermen and Commons of the City of London in Common Council â—ave made several good Acts and Orders to preâ—ent Freemens Children from Marrying without the Consent of their Parents and Guardians â—nd to keep them from vicious Courses More â—articularly an Act of Common Council called Judds Law made in the Mayoralty of Sir Andrew Judd Knight in the Fifth year of King â—dward VI. Which Law though unrepealed the Lord Mayor and Aldermen have sometimes for special Reasons thought fit to dispense with in favour of Orphans that have â—ought Relief against the Penalties therein mentioned By the Custom of London a Freemans Wiâ—ow may require a third part of his Personal â—state after his Debts paid and Funeral Charâ—es discharged besides her Widows Chamber â—mished and his Children may require anoâ—er third part thereof The other third part â—f his Estate he may by his last Will give away â—ther to his Wife or any of his Children or â—ny other Person whatsoever But if he die â—thout Issue his Widow may require a Moity â—f his personal Estate after Debts paid together â—ith her Widows Chamber furnished And 〈◊〉 a Freeman make his Will contrary to this Custom and give away more than a third of his Estate from his Wife and Children they may be relieved against such Will by exhibiting their Bill in this Court
87 90 Thorne in Yorks 259 Thorney an Isle about Hamps 98 Thorney a Sussex-Island 225 Thrapston in Northa 159 160 Thryn a River 151 Tickhill in Yorks 252 Tideswal in Derb. 57 Tine a River 12 Tiverton in Dev. 61 64 Tone a River 189 Tor a River 189 Torridge a River 59 Torrington in Dev. 61. 63 Totness in Dev. 61 63 Towcester in Northa 159 161 The Tower in Lond. 286 The great Trade of Lon. 334 Tregny in Cornwal 43 Trent a River 11 Tringe in Hartf 100 A Trophy in Cornwal 42 A Trophy in Cumb. 47 Troubridge in Wilts 246 247 Truro in Cornwal 43 44 Tudbury in Staff 200 Tuddington in Bedf. 27 Tun a Kentish River 110 Tunbridge in Kent 112 115 Tuxford in Notting 175 Twede a River 12 V. VAntage in Barks 23 Vice-Chan of Ox. 318 Vice-Chan of Camb. 353 Vlles Water in Cumb. 47 Vlverston in Lanc. 126 129 Vppingham in Rutl. 183 Vpâ—on in Worc. 253 254. Vsk in Monm 148 149 Vsk a River 147 Vtoxeter in Staff 200 Vxbridge in Middl. 144 145 W WAkefield in Yorks 259 264 Walden in Essex 81 83 Walderswick in Suff. 214 Wallingford in Barks 23 Walsall in Staff 200 201 Walsingham in Norf. 153 156 Waltham in Leic. 131 Waltham-Abbey in Essex 81 Wandesworth in Surrey 221 Wandsdike a Dike in Wilts 243 Warden in Kent 121 Ware in Hartf 100 101 Ware a River 75 Warfe a Yorksh River 256 Warham in Dors 67 70 Warington in Lanc. 127 128 Warminster in Wilts 246 248 Warwick 231 WARWICKSHIRE 230 Wash a River 182 The Watch at Lond. 333 Watford in Hartf 100 102 Watchet in Somers 192 194 Watlington in Oxf. 178 Watton in Norf. 153 Waveney a River 151 203 Wayborn-hope in Norf. 156 Waynfleet in Lanc. 136 140 Weatherby in Yorks 259 Webley in Heref. 104 Weever a River 36 Weland 153 158 Weller in Northum 159 161 Wellingborough in Northam 159 161 Wellington in Shrop. 186 Wells in Somers 191 Wem in Shrops 186.187 Wendover in Buck. 30 Wenlock in Shrops 186 187 Werminster See Warminster Westbury in Wiltsh 246 248 Westminster in Midl 276 331 Westminster-Hall 318 Westminster-School 317 WESTMORLAND 236 Westram in Kent 112 Wever a Hill in Staff 197 Wey a River 2â—6 Weymouth in Dors 67 68 Whinfield-forest in Westm 240 VVhitby in Yorks 259 269 Whitechurch in Hamps 95 96 Whitechurch in Shrop. 186 187 Whitehall in Westm 315 Whistable in Kent 117 Wickham in Buck. 30 31 Wickham in Suff. 214 Wickware in Gloc. 87 Wigan in Lanc. 126 128 â—lle of Wight part of Hampsh 96 Wighton in Yorks 258 Wigton in Cumb. 49 Willy a River 243 Wilton in Wilts 246 248 WILTSHIRE 242 Wimander See Winder Mere. Wimborn-Minster in Dors 67 71 Wincaunton in Som. 192 194 Winchcomb in Gloc. 87 Winchelsey in Sussex 225 228 Winchester in Hamps 93 Winder-mere in Lanc. 124 Windham in Norf. 153 Windrush a River 177 Windsor in Barks 23 24 Winslow in Buck. 30 Winterton in Norf. 156 Wirâ—sworth in Derbys 57 58 Wisbich in Cambr. 34 Witham a River 133 Witney in Oxf. 178 180 Wivescomb in Somers 192 Woburn in Bedf. 27 Wolverhamp in Staf. 200 201 VVoodbridge in Suff. 204 206 VVoodstock in Oxf. 178 VVoolwich in Kent 112 114 VVootton-Basset in Wilts 246 Worcester 252 WORCESTERSHIRE 251 Worksop in Notting 175 VVorsted in Norf. 153 VVotton in Gloc. 87 VVragby in Linc. 136 VVreak a River 130 VVrinton in Somers 192 Wrotham in Kent 112 Wye the name of several Rivers 85 103 112 147 Y Y Are a River 151 Yarmouth in Norf. 153 154 Yarmouth in the Isle of Wight 98 Yarum in Yorks 259 273 Yaxley in Huntingt 101 York 256 YORKSHIRE 255 Youre a Yorksh River 256 The Table FOR THE SECOND PART A ADmiral of Engl. P. 131 Almoner 172 Anabaptists 69 English Apparel 38 Apprentices 266 Archbishops 233 234 The Archbishop of Canterbury's Priviledges 242 Arch-Deacons 249 Arms of the King 93 B BAronets 223 Bartholomew Fair 42 Beacons 180 Besant 172 Bishops 232 Bp. of London and Durham 2â—â— Bp. of Winchester â—â—â— The Bps. Election 235 The Bps. Consecration 236 The Bps. Installation 238 The Bps. Priviledges 241 The Bps. Publick Works 2â—4 Suffragan Bps. â—â—â— C Lord CHamberlaâ—â— of Englaâ—â—â—â—â— Lord Chamberlainâ— of the Kingâ— Houshold â—54 Champion of 〈…〉 1â—9 Chancellou◠〈…〉 127 Chappel 〈◊〉 169 Characâ—â—◠〈…〉 King 141 Charâ—◠〈…〉 Queen 143 Câ—â—â—â—◠〈…〉 conâ—â—â—â—â—â—hem 265 〈…〉 when 〈◊〉 planted in â—â—gland 61 c. Church of England her Doctrine 65 Her Reformation 63 c. The Charge of Persecution against her groundless in a great measure 66 Church-wardens 257 Clergy 232 Their Priviledges 254 Their Number 255 The unhappy Prejudices of some of our Modern Clergy 256 Clerk of the Checque 165 Clerk of the Closet 174 Clerks Comptrollers 149 150 Clerks of the Green-Cloth ib. Clerks of Parishes 257 English Clubs or Societies 42 The great Conveniency of Coaches in England 46 Coffee much used by the English 37 Cofferer 149 150 Commissioners of the Admiralty 192 Commissioners of Appeal 203 Commodities exported 57 Commonalty of England 228 Their Priviledges 232 Companies of Merchants 53 Complexion of the English 3 Compting House 149 Comptroller of the Kings Houshold 149 English way of Computing 28 High Constable 131 Convention 139 Copy-holders 229 Coronation of the King 103 Court of the King 115 147 c. Court of the Queen 174 Coyns 49 Curates 253 Particular Customs of the English 43 Custom-House Officers 201 Custom-Revenue 200 D. S. DAvid's Day 45 Deacons 250 Deans 247 Defender of the Faith one of the King's Titles 92 Diet of the English 34 Dissenters their backwardness in point of Reunion 67 68 Divorce 264 Dominions of the King 84 c. Duke of Glocester 209 E ENsigns of Royalty 94 Esquires 225 Esquires of the Body 156 Exchequer and its Officers 203 c. Excise-Office 202 Exercises of the English 39 F. ROyal Family 121 Famous Men among the English 16 Feasting of the English 35 40 Fewel used in England 33 Fifth-monarchy Men see Millenarians Reflections upon the late Fleet 193 Foot-Gards 168 Free-helders 228 G. GArrisons in England 177 Genius of the Engl. 11 Gentlemen 226 Gentlemen of the Bed-chamber 155 Gentlemen Vshers 156 157 Gentlemen Pensioners 164 Gentlemen Harbingers 165 Gentry of England 223 English Government 73 Its Constitution 75 c. Popular Government contrary to the English Genius 83 Green Cloth 149 Groom of the Stole 155 Grooms of the Great Chamber 155 157 Groom Porter 157 Gun Powder Treason 41 H HEptarchy 74 75 Heralds 162 Hock-tide 43 Horse-gards 167 Horse-Granadiers 168 I. INdependents 69 Ireland how it became subject to England 87 c. Justices of Peace 69 Justices of Eyres Seat 99 K. KIng of England 84 The King of England King of the Sea 89 The King is the Fountain of Honour 99 The King of England receives great Respect from his Subjects 9â— The present King William's Descent 133 His Accession to the Throne 139 His Character 141 Kings of Arms 178 Knights of
Bishops See since the Reign of Henry VIII For as it is no plausible Place either for health or pleasure so it stands out of the way for Trade Yet it shews two handsom Streets a large Market-Place and a fair Parish Church besides the Abbey Which last from a Monastery founded by Wolpher the Mercian King is now become a Cathedral And from that Monastery dedicated by him to St. Peter This Town formerly known by the Name of Medanshede came to be called Peterburgh or Peterborough Dignifyâ—d with the Title of an Earldom in the person of Henry Mordant the present Earl of Peterborough devolved to him from his Father John Lord Mordant created Earl of Peterborough by King Charles I. Anno 1627. Oundle is pleasantly seated on the Banks of the Nen over which it has two Bridges A well built and uniform Town beautified with a fair Church a free School and an Alms-house Nigh unto Oundle Northwards and upon the same River stands Fotheringhay-Castle invironed on all sides with pleasant Meadows Noted for that here Mary Queen of Scots was beheaded Thrapston Higham-Ferrers and Wellingborow ly all three upon the Nen the first two on the Eastern the last on the Western Banks and each of them with a Bridge over the River Higham-Ferrers has a Free-School for the Education of Youth and an Alms house for the Relief of poor people and was anciently strengthned with a Castle whose Ruins are yet to be seen Wellingborow pleasantly seated upon the Ascent of a Hill is a large and well inhabited Town injoying a good Trade beautified with a fair Church and having the Convieniency besides of a Free School Not far from Rothwell or Rowel is Naseby which is said to stand on the highest Ground in England near which the Avon and the Nen two considerable Rivers have their Spring-heads A noted Town for the Battel fought here June 14th 1645 where the Kings Forces commanded by Prince Rupert were totally routed by General Fairfax Towcester situate in a Valley and on the Banks of a small River that empty's it self in the Ouse is a Place of good Antiquity Cambden takes it for the ancient Tripontium which took its Name from 3 Bridges the Roman Port-way which in many places between it and Stony-Stratford shews it self being cut through by three Streams or Channels which the Rivulet there divides it self into About the Year 917. it was so strongly fortified as to resist the furious Assaults of the Danes At present 't is but a small Town beautified however with a fine Church Near this Place Eastward is Grafton a Road-Town in this part of Northamptonshire with a fine Park adjoyning to it and a Mannor-house of great Antiquity most part whereof was burnt and pulled down in the long Intestine War Anno 1643. Memorable for the Marriage here consummated betwixt Edward IV. and the Lady Grey the first King oâ— England since the Conquest that married his Subject This was the ancient Seat of the Family de Wideville Earls of Rivers And Richard the last of the male Line dying Anno 1490. did by his Will bequeath it amongst other Lands to Thomas Grey Marquess of Dorset In which Name it continued till Henry VIII with whom it was exchanged for other Lands in Leicestershire and so has ever since continued in the Crown Of late become of more remark for giving the Title of Duke to his Grace Henry Fitz-Roy created Baron of Sudbury Viscount Ipswich and Earl of Euston Anno 1672 and Duke of Grafton five years after Brackley a Town of Note when it was in a manner the Staple Town in the County for Wool is seated near the Spring of the Ouse upon the edge of the County towards Buckinghamshire It contains two Parish-Churches and had formerly a Colledge now made use of for a Free-School Daventry and Kettering are seated each of 'em upon a Rivulet that falls into the Nen. The first a great Road-Town from London to the North-West Counties and from thence hither The last North-East from that is delightfully seated on an Ascent and has a Sessions-House for the Justices of Peace of the County who sometimes assemble here Rockingham a small Town is seated on the Weland A Town of note in former Time for its Castle long since demolished Lastly this County together with Rutland make up the Diocese of Peterborough In the Time of the Saxons it made part of the Kingdom of Mercia and its Inhabitants in the Romans Time part of the Coritani Out of it are chosen besides the two Knights of the Shire seven Members of Parliament Viz. 2 out of Northampton 2 out of Peterborough 2 out of Brackley and 1 out of Higham-Ferrers CHAP. XIII Of Northumberland Nottinghamshire Oxfordshire and Rutland Northumberland NORTHVMBERLAND a Maritime County and the furthest North in England is bounded on the East by the German Ocean on the West by Cumberland and the Cheviot Hills which part it from Scotland Northward by the River Twede which divides it also from Scotland and Southward by the Bishoprick of Durham from which severed in part by the River Tine It s Form is triangular contains in Length from North to South about 40 long Miles and in Breadth from East to West at the broadest 30. The Whole divided into six Wards wherein 460 Parishes and but 6 Market-Towns The Air of this County is sharp and piercing in Winter and sometimes troubled with deep Snows and pinching Frosts sutable to its Climate But yet 't is nothing near so sharp as the People And by my late Experience here wet Weather is not so sensible and searching as it is in Middlesex 'T is possible the warm Breaths that continually come out of its numberless Colepits helps with the Vapours of the Sea to take off the rawness of a cold dampish Air. For the Soil as this County is nearly related to Scotland so it is one of the worst Counties in England being for the most part rough and hilly and hard to be manured Yet in some Parts chiefly towards the Sea it is fertile enough But the greatest Riches of this Country lies in the Bowels of the Earth full of Coal-mines Which supply with Coals not only this Country where that Fewel is always bought at very easy rates but a good Part of England besides and London particularly for whose Use many hundred Sail of Ships have yearly from hence their Loading The Coal-Pits made use of to get up this Treasure are all square commonly 7 or 8 foot in diameter and timbered from top to bottom some 30 some 40 more or less but few above 50 fadoms deep A great Depth for Workmen to go and rake a Livelyhood And yet here is a Legion of such Men bred and born to it that spend most of their Life in this Land of Darkness in continual Danger besides that of the Rope of being crushed below by a Thrust sometimes in Danger of Water and in some places of Fire The Way to go down these
Sir Thomas Pilkington was chosen in his room In whose Person the Chance is turned almost quite contrary For if he do's outlive the Time appointed for his Mayoralty by his late Re-election instead of being Mayor but one Year according to the usual Course his Mayoralty will reach near two Years and a half Next to the Lord Mayor there are 26 Aldermen A Recorder Two Sheriffs A Chamberlain Besides the Vnder-Sheriffs the Town-Clerk or Common Clerk and a Remembrancer these two last being both Esquires by their Places The 26 Aldermen preside over the 26 Wards of the City a peculiar Alderman being assigned to every Ward Who has under him a certain Number of Common-Council-Men and one of them his Deputy besides Constables Scavengers Beadles c. Now the Aldermen who have been Lord Mayors and the three eldest Aldermen that have not yet arrived to that honourable estate are by the City-Charter Justices of Peace of the City Upon the Death of an Alderman the Lord Mayor issues out his Precept to the Ward whereof he was Alderman to chuse two substantial Men of the City and return their Names to the Court of Aldermen Which being done the Lord Mayor and Court of Aldermen select one of the two such as they judge fittest for that Station The Recorder is usually a grave and learned Lawyer well versed in the Laws and Customs of the City and in that Capacity is an Assistant to the Lord Mayor He takes his place in Councils and in Court before any Man that has not been Mayor and 't is he that delivers the Sentences of the whole Court The two Sheriffs of this City are also Sheriffs of the County of Middlesex They are yearly chosen in the Guildhall on Midsummer-Day by the Livery-Men of the respective Companies that is by the Citizens from among themselves A high Priviledge considering the Importance of this Magistracy especially in their power of Impanelling Juries Yet my Lord Mayor by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs In which Case the Usage has been for the Commons to confirm such a Person and to elect another to serve with him However the new-chosen Sheriffs are not sworn till Michaelmas Eve and till then they do not enter upon their Office If any of the Parties chosen refuse to hold he inours a Penalty of 450 l. unless he do take his Oath that he is not worth ten thousand pounds Each Sheriff has under him an Vnder-Sheriff and six Clerks viz. a Secondary a Clerk of the Papers and four other Clerks He has also a certain Number of Sergeants and every Sergeant a Yeoman The Vnder-Sheriffs have also Clerks under them The Chamberlain is an Officer of great Power in the City For without him no man can set up Shop or follow his Trade without being sworn before him neither can one be bound an Apprentice to any Tradesman but by his Licence He may Imprison any that disobey's his Summons or anv Apprentice that misdemeans himself or else he may punish him in another manner But these are only general Notions of the chief Officers and Magistrates of London for the Particulars I refer you to the Courts of Judicature in my Third Part. In relation to Trade which is the Life of this City the Traders thereof are divided into Companies which are so many Bodies Politique all injoying large Privileges granted by former Kings unto them Those Companies are in all about 70 twelve whereof are called the Chief Companies Viz. The Mercers The Grocers The Drapers The Fishmongers The Goldsmiths The Skinners The Merchant Taylors The Haberdashers The Salters The Iron-Mongers The Vintners The Cloth-Workers Each Company or Mystery has a Master yearly chosen from among themselves and other subordinate Governours called Wardens and Assistants Such is the Harmony of this Government that these Companies do exactly correspond to the general Government of the City by a Lord Mayor and Common Council who are selected out of these several Companies For he that is chosen Lord Mayor must be free of one of these 12 Companies and if he be of any other Company he presently removes to one of these Which have got so great Credit and Reputation in the World that several Kings have honoured some of them by taking their Freedom thereof The present King was lately pleased to accept of the Freedom of the Company of Grocers presented to Him in a golden Box in the Name of the City by Mr. Box upon which he was Knighted by His Majesty In short such are the Priviledges of the Citizens of London that they are Toll-free throughout England And the Lord Mayor usually at the Request of any Citizen that trades in remote Parts grants him his Warrant or Certificate They have also the Priviledge to keep out all Artificers and Handicraftsmen not free of the City So that if a Freeman of London do imploy any such to work within the City or Liberties he is liable to the Forfeiture of 5 l. a Day and an Action lies against him for the same An Alien indeed may be imploy'd six Weeks but no longer And how severe soever this may seem to Foreiners yet it is grounded upon Equity For were it not for that Priviledge here would be such a Concourse of Foreiners that it would prove as it has by Experience the utter undoing of a great Number of poor Citizens and Freemen whose Livelyhood depends upon their Handicrafts Another great Priviledge they have is their sending no less than four Members to Parliament which is twice the Number of other Cities and Borough-Towns in England And it is observable that their Members do usually appear in their Scarlet-Robes the first Day the Parliament sits when all other Members except the Speaker of the House appear in their usual Habit. Thus the Lord Mayor of London under the gracious Influences of the English Monarchs makes a Figure more like a Prince than a Subject And the Citizens of London though under the same general Government as all the rest of the Kings Subjects yet live within themselves blest with so many Advantages that I can compare them no better than to the old Citizens of Rome under the best of their Emperours And indeed the main Thing which has incouraged Trade here to that degree as to render this Place so rich and flourishing is the great Charters Priviledges and Immunities it is invested with by the Munificence of several of the former Kings Whereby the Londoners are Impowered to chuse their own Magistrates to do themselves Justice to maintain their own Peace and pursue all the good and advantagious Ends of Trade with the better Success and greater Security In order to which they keep within themselves many Courts and Councils where they make Laws for the better Government of the several Ranks and Orders of Men among them And though these grand Priviledges were judged to be forfeited by the Court of Kings Bench upon the Quo
not to be made up by new Creations but be suffered to diminish as appears by their Patent And yet the very Founder King James I transgressed the first his Rule by creating 203. Charles his next Successor made 455. But King Charles II outdid them both by creating near upon 900 during his Reign At this time there are reckoned above 700 living Sir Nicholas Bacon of Suffolk was the first Baronet created whose Successor is therefore stiled Primus Baronettorum Angliae No Honour is ever to be created between Barons and Baronets As for the other two Degrees of Knighthood they are but Personal and not Hereditary so that the Honour dies with the Person Knighted and descends not to his Son Knights of the Bath are so called from their Bathing the Night before the Creation within the Lists of the Bath The first of this sort were made by Henry IV but now they are usually made at the Coronation of a King or Queen or Creation of a Prince of Wales They wear a Scarlet Ribbon Belt-wise and take place of Knights Batchelours but come after Baronets There are but a few Knights of this Order Knights Batchelours are the lowest sort of Knights and the most common Anciently this Degree was in greater esteem than it is at the present when it was only conferred upon Sword-men for their military Service who from the Gilt Spurs usually put upon them were called in Latine Equites Aurati Whereas now a days this Honour is also bestowed upon Gown-men viz. Lawyers and Physicians And all the Ceremony used in their Creation is their Kneeling down before the King and His Majesties lightly touching them on the shoulder with a naked Sword Anciently there was another Sort of Knights now disused I mean the Knights Bannerets who were Knighted in the Field This Order was accounted very honourable had the precedency of the Knights of the Bath and bore their Arms with Supporters which was not allowed to any under this Degree Next to Knights are the Esquires so called from the French Escuyer this from the Latine Scutiger which Name was given of old to him that attended a Knight in time of War and carried his Shield Whereas Esquire with us is a meer Title of Dignity next to and below a Knight and signifies a Gentleman or one that beareth Arms as a Testimony of his Nobility and Gentry They who by right claim this Title now are all the younger Sons of Noblemen and by the Common Law of England their very eldest Sons are Esquires and no more Next are the Esquires of the King's Body the eldest Sons of Noblemens younger Sons Knights eldest Sons and their elder Sons for ever Next Esquires created by the King by putting about their Necks a Collar of S's and bestowing on them a pair of Silver Spurs Those that are reputed or lookt upon as equal to Esquires tho none of them be really so are several Magistrates and Officers in the King's Court as Judges Sergeants at Law Sheriffs Mayors Justices of the Peace Counsellors at Law and the principal Commanders of an Army So Heads of Houses in the Universities Doctors of Law Physick and Musick usually take place next to Knights and before ordinary Gentlemen Lastly Gentlemen are properly such as are descended of a good Family bearing a Coat of Arms without any particular Title And these we call Gentlemen born But Use has so far stretched the signification of this Word both high and low that every Nobleman nay the King himself may be called a Gentleman And on the other side any one that without a Coat of Arms has either a liberal or genteel Education that looks Gentleman-like whether he be so or not and has wherewithall to live freely and handsomely is by the Courtesy of England usually called a Gentleman Others by their Offices are lookt upon as such particularly most of the King 's Menial Servants and the principal Officers in Noble-mens Families c. The Military Profession which has been always counted Noble seems to give the very meanest Professors of it a Title to this Quality But it is more particularly adapted to two distinct Bodies of the King's Guards the one called Gentlemen Pensioners who gard his Person within Doors and the other the Gentlemâ—n of the Guard by whom is meant his Body of Horse Guards who gard the Kings Person on horseback without Doors As in Germany all Noblemens so in England all Gentlemens Arms descend to all the Sons alike Only the eldest Son bears Arms without difference which the younger may not Besides above 700 Knights Baronets and the few Knights of the Bath there are reckoned to this day above 1400 ordinary Knights and 6000 Esquires and Gentlemen whose younger Brothers in all may make up at least 12000 all over England And the Land in the Possession of them all has been computed to amount at least to four Millions yearly The Law of England which is so Favourable to the Nobility has not a proportionable Regard for the Gentry For whether they be Knights Esquires or Gentlemen they are all reckoned by law even Noblemens Sons amongst the Commons of England So that the eldest Son of a Duke though by the Courtesy of England stiled an Earl shall be Arraigned if charged with a Crime by the Title of Esquire only and tried by a Jury of Common Free-holders In Parliament he can sit only in the House of Commons if elected unless he be called by the King 's Writ to the House of Lords Knights are distinguished in England by the Title of Sir prefixt to their Christen names And Gentlemen have no other Title but that of Master when spoken of and that of Sir when spoken to But if one writes to an Esquire the Direction ought to be thus as To Thomas Whitfield Esquire The Epithet of Honourable is usually given to any Knight Esquire or Gentleman distinguished by some eminent and personal Worth CHAP. XXI Of the Commonalty of England BY the Commonalty I mean Yeomen Merchants Artificers Tradesmen Mariners and all others getting their Livelyhood after a Mechanick Way Yeomen are such amongst the Commonalty who having Land of their own to a good value Keep it in their own hands husband it themselves and live with their Families upon it They are therefore by the Law called Freeholders because they hold Lands or Tenements Inheritable by a perpetual Right to them and their Heirs for ever Their Number is great in England and many of them have Estates fit for Gentlemen Forty or Fifty pounds a Year is veâ—â—â—ordinary 100 or 200 l. a Year in some Counties is not rare in Kent there are those who have 1000 l. and some more per Annum Which is not easy to be found amongst Men of this Rank any where else in Europe And whereas Husbandry is commonly lookt upon as the most innocent Life and the freest from the Corruption and Cheats that attend other Professions therefore the Law of England has a better
presence as now in his absence they answered all Motions c. So Supream is also the Jurisdiction of this Court that if any Record be removed hither it cannot being as it were in its Center be remanded back but by an Act of Parliament In this Court sit commonly four Grave Reverend Judges The principal whereof is called the Lord Chief Justice of the King's Bench and is thus created by Writ A. B. Militi Salutem Sciatis quod Constituimus Vos Judiciarium nostrum Capitalem ad Placita coram nobis tenenda durante Beneplacito nostro Teste meipso apud Westm The rest of the Judges of the King's Bench hold their Places by Letters Patent in these Words Rex omnibus ad quos praesentes Litera pervenerint Salutem Sciatis quod Constituimus dilectum fidelem B. C. Militem unum Justiciariorum ad Placita coram nobis tenenda durante Beneplacito nostro Teste c. Though in the Writ or Patent made to these Judges they are not named Sergeants yet none can be a Judge of this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law who upon taking this Degree is obliged to wear a Lawn Coif under a black Cap. These Judges or Justices are the Sovereign Justices of Oyer and Terminer Goal-Delivery Conservators of the Peace c. in the Realm So that when this Court comes and sits in any County the Justices of Eire of Oyer and Terminer and Goal-Delivery c. are ipso facto void without writing to them They are likewise the Sovereign Coroners of the Land and therefore where the Sheriff and Coroners may receive Appeals by Bill much rather the Justices of this Court may do it Their Salary from the King is each 1000 l. per Annum besides Robes and Liveries out of the great Wardrobe and two Tun of Wine to the Lord Chief Justice In this Court all young Lawyers that have been called to the Bar are allowed to practise Here are three distinct Offices Viz. the Crown Office the Protonotaries and the Custos Brevium's Office To the first belong the Clerk of the Crown a Secondary and several entring Clerks The first is a Cap-Officer who sits covered in Court The entring Clerks have Counties assigned them and usually are Attornies for Defendants prosecuted at the King's Suit To the second belongs the Protonotary a Cap-Officer to whom belong all Clerks of the Plea-side his Secondary and Deputy for signing Writs a Clerk for filing Declarations a Clerk of the Remembrances a Clerk of the Bails and Posteas To the Custos Brevium's Office belongs the Custos Brevium Recordorum a Cap-Officer who is also Clerk of the Essoins and Warrants of Attorney two Clerks one of the Inner and the other of the outward Treasury who are all Officers for Life There are besides two Book-Bearers who carry the Records into Court a Marshal or Keeper of the King's Bench Prison who has a Deputy a Clerk of the Papers a Clerk of the Rules and his Deputy a Clerk of the Errours and his Deputy a Sealer of Writs a Head-Crier two Under-Criers two Ushers and four Tip-staves Lastly there are several Filazers for the several Counties of England who make out all Process upon Original Writs Actions personal and mixt CHAP. V. Of the Court of Common-Pleas THis Court is so called because here are debated the usual Pleas between Subject and Subject For in this Court all Civil Causes real and personal are usually tried according to the strictness of the Law And real Actions are pleadable nor Fines levied or Recoveries suffered in no other Court but this Which may also grant Prohibitions as the Court of the King's Bench doth Here are also commonly four Judges the chief whereof is called the Lord Chief Justice of the Common Pleas or of the Common Bench. Who holds his Place by Letters Patent as the other Three do derante Beneplacito Their Fee is the same as that of the King's Bench Judges None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending here for which the King allows them Fees Reward and Robes Many are the Officers belonging to this Court. The principal whereof is the Custos Brevium who is the first Clerk of the Court and whose Office is to receive and keep all Writs returnable here to receive of the Protonotaries all the Records of Nisi-prius called Posteas He holds his Place by Patent from the King has the Gift of the second Protontaries Place and of the Clerk of the Juries Then Three Protonotaries who enter and inroll all Declarations Pleadings Assizes Judgments and Actions and make out Judicial Writs In whose Offices all the Attorneys of this Court enter their Causes Now each of them has a Secondary who draws up the Rules of Court c. And these Secondaries are commonly the ablest Clerks or Attorneys of the Court. There is also a Chirographer whose chief Business is to ingross Fines acknowledged and for whose Office there is a Register and several Clerks having their several Counties allotted them for which they Ingross the Fines levied of Lands in their respective Divisions All which forementioned Officers are Sworn and hold their Offices for Life as a Freehold They sit in the Court covered with black round Caps such as were in fashion before the Invention of Hats Moreover there are in this Court three Officers unsworn who hold their Places durante Beneplacito Viz. 1. A Clerk of the Treasury whose Office is in the Gift of the Lord Chief Justice He Keeps the Records of this Court and makes out amongst other Things all Records of Nist Prius 2. The Clerk of the Inrollments of Fines and Recoveries who is by Statute under the three Puisne Judges of this Court and removable at their Pleasure 3. The Clerk of the Outlawries who after the Party is returned Outlawed makes out the Writs of Capias Uelegatum in the name of the Attorney General to whom this Office does properly belong and who exerciseth it by Deputy There is besides a Clerk of the Warrants who enters all Warrants of Attorney for Plaintiff and Defendant and inrolls all Deeds acknowledged before any of the Judges of the Common Pleas. The Clerk of the King's Silver to whom every Fine or final Agreement upon Sale of Land is brought after it has been with the Custos Brevium and to whom Mony is paid for the King's Use The Clerk of the Juries who makes out the Writs called Habeas Corpus and other Writs for appearance of the Jury The Clerk of the Essoins or Excuses for lawful Cause of Absence And the Clerk of the Supersedeas who makes out the Writs of Supersedeas which formerly was done by an Exigenter Here are also 15 Filazers for the several Counties of England who amongst many other Things make out all Process upon Original
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
Country and if he has something to object against any of them he bids him take a view of them and speak for that he stands upon Life and Death Upon this the Jury is Sworn consisting of 12 Men at least And if the Prisoner be aâ— Stranger 't is a Party Jury consisting half oâ— Englishmen and half of Foreiners In case the Prisoner has no Exception to make against any of them by that time Twelve are Sworn these stand to give the Verdict Whereupon the Crier says aloud If any one can give Evidence or can say any thing against the Prisoner let him come now for he stands upon his Deliverance If none come in the Judge doth ask who sent him to Prison And if the Justice of Peace be present who did it he delivers up the Examination he took of him subscribed by those whom he has bound to give Evidence who for not appearing must pay their Recognizance In the mean time the Jury acquit the Prisoner tho he has confessed the Crime to the Justice of Peace But if they come in that are bound to give Evidence first the Justices Examination is read and then the Party robbed being present is sworn next to him the Constable and such as were with him at the taking of the Prisoner and at last as many more as are there to give Evidence Who are all set in a convenient place to see the Judges and Justices the Jury and the Prisoner so as to hear them and to be heard of them all The Judge after they be sworn asketh first the Party robbed if he know the Prisoner and bids him look upon him The Party robbed says Yes and upon that relates the Robbery with all its Circumstances But the Prisoner standing still upon the Negative those who were at the Taking of him or any other that can Evidence against him are heard one â—fter another The Prisoner on the other side is free to make what Defence he can And tho the â—â—ing be Party against him as one that has â—â—oke his Peace yet the Judges do freely hear what he can say for himself provided he keep within bounds But he is allowed no Council which in Civil and Pecuniary Matters is never denied be it for Land Rent Right â—or Possession tho he plead against the King When the Judge has heard them all he â—sks them if they can say any more Upon their silence he directs the Jury and bids them dischange their Consciences If the Case be plain they consult together without going from the Bar and if they do all agree the Fore-man of the Jury in the Name of himself and the rest pronounces the Prisoner Guilty If the Case requires a Debate they withdraw into a Room only with a Copy of the Inditement â—and there they are to remain by themselves till they be all agreed on the Verdict without bread drink meat or fire To which purpose there is a Bayliff appointed to watch them If but one of the Jury stands it out against the rest he must either bring them over to him or they must bring him over to them before they can stir out of the Room or have the least Refreshment in it So that it is in the power of one to make all the rest â—n a manner Prisoners and if he be obstitate to put them to Inconveniencies for want â—f Necessaries till he himself can bear with â—hem no longer When the Jury have agreed upon the Verâ—ict they give notice of it to the Bayliff and â—â—ay to be heard Then the Prisoner being sent for again to the Bar each one of the Jury is called in by his Name and he answer to it The Clerk asketh if they be agreed and who shall speak for them Which being answered the Prisoner is bidden to hold up his hand to whom the Clerk speaks in these Words Thou art Indited by the Name of A of such a Place c. and being Arraigned Thoâ— pleadest thereto Not Guilty being Asked how Thou wouldst be Tried Thou saidst By God and the Country These honest Men were given tâ— thee by God and thy Prince for thy Country Hearken what they say Then he asketh of the Jury What say you Is he Guilty or Noâ— Guilty The Fore-man makes answer 〈◊〉 one word Guilty or in two Not Guilty The first is Death to the Prisoner and the last Acquits him for neither the Judges nor the Justice can alter or reverse this Judgment Then the Clerk asketh what Lands or Chattels the Prisoner had at the time of the Felony committed Which is commonly answered by the Jury with an Ignoramus But the Sheriff and the Escheator are diligent enough to find it out both for the Princes and their own Advantage Upon this the Judge doth ask the Prisoneâ— Convicted what he can say for himself why Sentence should not pass upon him If he caâ— read never so little he demands the Benefit of the Clergy an ancient Liberty of the Church which has been confirmed by divers Parliaments By vertue whereof one in Orders arraigned of Felony by a Secular Judge might pray his Clergy which was as much as if he prayed to be delivered to his Ordinary to purge himself of the Offence objected But the ancient Course of the Law in this point of Clergy is much altered so that Lay-men have been made capable of this Benefit in many Cases As in Theft of Oxen Sheep Mony and other Things not forcibly taken to the terrour of the Owner So favourable is our Law that for the first Fault the Felon shall be admitted to his Clergy In order to which the Bishop sends a Clergy-man with a Commission under his Seal to be Judge in that matter at every Goal-Delivery If the Prisoner demands to be admitted to his Book the Judge commonly gives him a Psalter and turns to what place he pleases The Prisoner reads as well as he can and it happens most times but sadly Then the Judge asketh of the Bishops Commissary Legit ut Clericus To which the Commissary must answer Legit or Non legit for these be the formal Words and our Men of Law are the most precise in their Forms If he say Legit the Judge proceeds no further to Sentence of Death But if he say Non legit the Sentence follows either that Day or the next in these Words Thou A. hast been Indited of such a Felony and therefore Arraigned Thou hast pleaded Not Guilty and put thy self upon God and thy Country They have found thee Guilty and Thou hast noâ—hing to say for thy self The Law is that Thou halt return to the Place from whence thou camest â—nd from thence Thou shalt go to the Place of Execution where Thou shalt Hang by the Neck â—ill Thou be dead Whereupon he charges the â—heriff with the Execution But he that â—â—aimeth his Clergy in Cases where it is adâ—itted is in the presence of the Judges burnt 〈◊〉 the brawn of his Hand with a hot Iron marked with