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A31599 The second part of the present state of England together with divers reflections upon the antient state thereof / by Edward Chamberlayne ...; Angliae notitia. Part 2 Chamberlayne, Edward, 1616-1703. 1671 (1671) Wing C1848; ESTC R5609 117,915 324

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Council is seldom or never held without the presence of one of them at the least Their employment being of extraordinary trust and multiplicity renders them most considerable both in the eyes of the King upon whom they attend every day as occasion requires and of the Subjects also whose requests and desires are for the most part lodged in their hands to be presented to the King and always to make dispatches thereupon according to His Majesties Answers and Directions As for Forraign Affairs the Secretaries divide all the Kingdoms and Nations which have intercourse of business with the King of England into two grand Provinces whereof each Secretary taketh one to himself receiving all Letters and Addresses from and making all dispatches to the several Princes and States comprehended within his own Province But in all matters of home concern whether they relate to the Publick or to particular persons both the Secretaries do equally and indistinctly receive and dispatch whatsoever is brought to them be it for the Church the Militia or private Grants Pardons Dispensations c. They have this special Honour that if either of them be a Baron he taketh place and hath the precedence of all other persons of the same degree though otherwise by their Creation some of them might have right to precede him and a Knight in like manner if he hath no other qualification They have their several Lodgings appointed them in all the Kings Houses as well for their own Accommodation as for their Office and those that attend upon it They have also a very liberal Diet at the Kings charge or Board-wages in lieu of it To shew how considerable their place is their setled allowance from the King in Salary and Pension is little less than Two thousand pounds Sterling per annum to each of them The Secretaries and Clerks whom they imploy under them are wholly at their own choice and have no dependance upon any other power or person besides themselves They have the Custody of that Seal of the King which is properly called the Signet the use and application whereof gives denomination to an Office constantly attending the Court called the Signet Office wherein there are four Clerks who wait alternately by Months and prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The present Secretaries of State are Henry Lord Arlington whom for his eminent Services at home and abroad both in War and Peace His Majesty was pleased to advance into the place of Sir Edward Nicholas And Sir John Trevor who for his great abilities and succesful Negotiations had that Trust and Honour conferred upon him when Sir William Morice late Secretary of State was by His Majesties gracious consent permitted to retire from business Waiting on the Privy Council there are Four Clarks in Ordinary who waite by Months each one he that comes in is always a week before and a week after his Month to assist there Their Office is to read what is brought before the Council and draw up all such Orders as the King and Lords shall direct and cause them to be Registred They are these that follow Sir Richard Brown Sir Edward Walker Sir John Nicolas Sir Robert Southwel Salaries to each 250. l. besides Fees for Orders and Letters c. Beside the forenamed Officers there is a Keeper of the Records John Woolly Esq no Fee Two Keepers of the Council Chamber Fee to each 45 l. Thirty Messengers whereof Ten at a time by turns waite every Moneth Fee to each 45 l. These upon Occasion are sent by Warrant of the Lords of the Privy Council to fetch any Person under the Degree of a Baron and to keep him Prisoner in his House till farther order Attending on the Secretaries are the Clerks of the Signet or Little Seal which is always in the Custody of the Secretaries for sealing the Kings Private Letters and for all such Grants as pass His Majesties hands by Bill assigned Of these Clerks there are four Sir John Nicholas Knight of the Bath Sir Philip Warwick Knight Trumbal Esquire and Sidney Bear Esquire These have no Fee from the King but onely Dyet which at Pension is 200 l. yearly Their Office is in Whitehall they waite by Month each of them three Months in a year One of them alwayes attends the Court wheresoever it removes and by Warrant from the King or Secretaries of State or Lords of the Council prepare such Bills or Letters for the King to sign as not being matters of Law are by any Warrants directed to them to prepare In their Office all Grants either prepared by the Kings learned Council in the Law or by themselves for the Kings hand when signed are returned and there transcribed again and that transcription is carried to one of the Principal Secretaries of State and Sealed and then it is called a Signet which is directed to the Lord Privy Seal and is his Warrant for issuing out a Privy Seal upon it which is prepared by the Clerks of that Seal is sufficient for the payment of any Moneys out of the Exchequer and for several other uses but when the nature of the Grant requires the passing the Great Seal then the Privy Seal is an Authority to the Lord Keeper to pass the Great Seal as the Signet was to the Lord Privy Seal to affix that Seal to the Grant but in all three Offices viz. Signet Privy-Seal and Great-Seal the Grant is transcribed So all which passes from the King hath these several ways of being considered before perfected There are also four Clarks of the Privy Seal viz. the Lord Sandwich whose Interest for his life is in one Mr Watkins Mr Baron Master Bickerstaff and Mr. More of their Office is to be seen in Stat. 27. of Henry 8. worthy to be noted To this Office in time when the Court of Request is in being belongs the Sealing of all Commissions and other process out of that Court. Moreover depending on the Secretaries of State is an antient Office called the Paper-Office the Keeper whereof hath in his Charge all the publick Papers Writings Matters of State and Counsel all Letters Intelligences Negotiations of the Kings publick Ministers abroad and generally all the Papers and dispatches that pass through the Offices of the two Secretaries of State which are from time to time transmitted into this Office and here remain disposed by way of a Library within His Majesties Palace of Whitehall This considerable Officer hath a Fee of 160 l. per annum payable out of the Exchequer and is at present that very worthy person Joseph Williamson Doctor of Laws After the Kings most Honorable Privy Council that Primum mobile or rather that Resort or Spring may be considered the Great wheeles first moved by that Spring which are the Convocation for the Ecclesiastical Government and the Parliament for the Civil But for the better understanding of the Ecclesiastical Government it will be
Arches founded in a deep broad River and some say on a soft ozy Ground is Eight hundred Foot in length Sixty high and Thirty broad hath a Draw bridge almost in the middle and Twenty Foot between each Arch it was built Anno 1209. in the Reign of King John The first Stone-bridge in England having been built above One hundred years before by Queen Maud Wife to Henry the First at Stratford on the River Lee Three miles from London so called from the Highway there passing over a Ford and since called Stratford Bow from the Arched Bridge a piece of Architecture then new to the English Nation The building of this Bridge of London was an exceeding difficult and costly piece of Work and to those that consider the constant great Flux and Reflux at that place it seems almost impossible to be done again The charges of keeping it in repair is so great that it hath been thought fit by our Ancestors to have a large House a vast Revenue in Lands and Houses divers considerable Officers c. to be set apart for the constant care and repair thereof Concerning this Bridge and the stupendious site and structure thereof take here the fancy of an ingenious Person deceased WHen Neptune from his Billows London spi'd Brought proudly thither by a High Spring-Tide As through a Floating Wood he steer'd along And moving Castles cluster'd in a throng When he beheld a mighty Bridge give law Unto his Surges and their fury aw When such a Shelf of Cataracts did roar As if the Thames with Nile had chang'd her shoar When he such Massie Walls such Towers did eye Such Posts such Irons upon his back to ●ie When such vast Arches he observ'd that might Nineteen Rialto's make for depth and height When the Cerulean god these things survey'd He shook his Trident and astonish'd said Let the whole Earth now all Her Wonders count This Bridge of Wonders is the Paramount Not far below this famous Bridge is placed the Custome House where is received and managed all the Impositions laid on Merchandise Imported or Exported from this City which are so considerable that of all the Customs of England divided into three parts the Port of London pays Two thirds that is above 330000 l. yearly In this Office there are employed many persons of great ability and worth Collectors Customers Comptrollers Surveyors Registers whereof some have Salaries of 500 l. yearly besides many perquisites The House where this great Office was kept being destroyed by the late Fire is now rebuilt in a very much more magnificent uniform and commodious manner by the King and will cost His Majesty 10000 l. the building There are at present within this City of London divers other very considerable Offices whereof take the account following Of the Office of Post-Master General THe Profits of the said Office are setled by Act of Parliament on his Royal Highness the Duke of York but His Majesty doth constitute His Post-Master General by Letters Patents under the Great Seal of England and accordingly hath conferred that Office upon the Right Honorable Henry Lord Arlington His Principal Secretary of State The present Post-Master General keepeth one Grand or General Office in the City of London from whence Letters and Pacquets are dispatched Every Monday to France Italy Spain Flanders Germany Sweden Danemark c and to Kent Every Tuesday to the United Netherlands Germany c. And to all parts of England Scotland and Ireland Every Wednesday to Kent onely and the Downs Every Thursday to France Spain Italy and all parts of England and Scotland Every Friday to the Spanish and United Netherlands Germany Sweden Danemark and to Kent Every Saturday to all parts of England Scotland and Ireland And the Answers of the said Letters and Pacquets are received in the said Office in due Course And from thence dispersed and delivered according to their respective directions with all expedition The said Office is managed by a Deputy and other Officers to the number of Seventy seven Persons who give their actual attendance respectively in the dispatch of the business Upon this Grand Office depends One hundred eighty two Deputy Post-Masters in England and Scotland most of which keep Regular Offices in their Stages and Sub Post-Masters in their Branches and also in Ireland another General Office for that Kingdom which is kept in Dublin consisting of Eighteen like Officers and Forty five Deputy Post-Masters The present Post-Master General keeps constantly for the transport of the said Letters and Pacquets Between England and France Two Pacquet-Boats Flanders Two Pacquet-Boats Holland Three Pacquet-Boats Ireland Three Pacquet-Boats And at Deal Two Pacquet-Boats for the Downs All which Officers Post-Masters Pacquet-Boats are maintained at his own proper charge And as the Master piece of all those good regulations established by the present Post-master General for the better government of the said office he hath annexed and apropriated the Market Towns of England so well to the respective Post-stages that there is no considerable Market-Town but hath an easy and certain Conveyance for the Letters thereof to and from the said grand office in the due Course of the Mailes every Post Note also that all Letters are conveyed with more expedition and less charges then in any forreign Country A Letter containing a whole sheet of Paper is conveyed 80 miles for 2 d. 2 sheets 4 d. and an ounce of Letters but 8 d. and that in so short a time by night as well as by day that every 24 hours the Post goes 120 miles and in 5 dayes an answer of a Letter may be had from a place 300 miles distant from the Writer Moreover if any Gentleman desires to ride Post to any principal Town of England Post-Horses are alwayes in readiness taking no Horse without the consent of his owner which in other Kings reigns was not duly observed and only 3 d. is demanded for every English mile and for every Stage to the Post boy 4 d. for conducting Besides this excellent convenience of conveying Letters and Men on Horseback there is of late such an admirable commodiousness both for Men and Women of better rank to travel from London to almost any great Town of England and to almost all the Villages near this great City that the like hath not been known in the World and that is by Stage Coaches wherein one may be transported to any place sheltred from foul weather and foul ways free from endamaging ones health or body by hard jogging or over violent motion and this not onely at a low price as about a shilling for every 5 miles but with such velocity and speed as that the Posts in some forreign Countryes make not more miles in a day for the Stage Coaches called flying Coaches make Forty or Fifty miles in a day as from London to Oxford or Cambridge and that in the space of Twelve hours not counting the time for Dining setting forth not too early and
England in some difficult cases were not wont to give Judgment until they had first consulted the King or his Privy Council Moreover the Lords and Commons assembled in Parliament have oft-times transmitted matters of high moment to the King and his Privy Council as by long experience and wisdom better able to judge of and by secrecy and expedition better able to transact some State Affairs then all the Lords and Commons together At present the King and his Privy Council take Cognisance of few matters that may well be determined by the known Laws and ordinary Courts of Justice but onely as aforesaid consult for the Publick Good Honour Defence Safety and Benefit of the Realm not medling with matters that concern Freeholds but matters of Appeal and sudden Emergencies The Lords of the Privy Council are as it were a part of the King incorporate with him and his Cares bearing upon their Shoulders that great weight that otherwise would lye wholly upon His Majesty wherefore of such high value and esteem they have always been that if a man did but strike in the House of a Privy Counsellor or elsewhere in his presence he was grievously Fined for the same and to conspire the death of any of them was made Felony in any of the Kings servants within the Check Roll and to kill one of them was High Treason A Privy Councellor though but a Gentleman shall have precedence of all Knights Baronets and younger Sons of all Barons and Viscounts The Substance of their Oath is That they shall according to their power and discretion Truly Justly and Evenly Counsel and Advise the King in all matters to be Treated in His Majesties Council that they shall keep secret the Kings Counsel c. By Force of this Oath and the Custom of the Kingdom of England a Privy Counsellor is made without any Patent or Grant and to continue onely during the Life of the King that makes him nor so long unless the King pleaseth Heretofore there hath been usually a Lord President of the Kings Privy Council a Dignity of so high Repute that by a Statute of Henry the Eight he is to take place in publick next to the Lord High Treasurer of England His Office was to speak first to business to report to His Majesty the Passages and State of businesses transacted at Council Table The last Lord President was the Earl of Manchester Father of the present Lord Chamberlaine To his Privy Councellors the King of England may declare or conceal from them whatsoever he alone judgeth fit and expedient qua in re saith the Excellent Sir Tho. Smith absolutissimum est hoc Regnum Angliae prae Venetorum Ducatu aut Lacedaemoniorum Principatu The King with the advice of his Privy Council doth publish Proclamations binding to the Subject provided that they are not contrary to Statute or Common Law In cases where the publick peace honour or profit of the Kingdom may be endangered for want of speedy redress there the King with his Privy Council usually make use of an absolute power if need be The Members of this most Honorable Council are such as his own free Will and meer Motion shall please to choose and are commonly men of the highest rank eminent for Estates Wisdom Courage Integrity c. And because there are few cases of moment so temporal but that they may some way relate to spiritual affairs therefore according to the general Rules of Policy and Government which God himself ordained amongst his chosen people the Jews the Privy Council as well as the great Council of Parliament is composed of Spiritual as well as Temporal persons some of the principal Bishops of England have in all times been chosen by His Majesty to be of his Privy Council The Lords of His Majesties Privy Council are at present these that follow His Royal Highness the Duke of York His Highness Prince Rupert Gilbert Lord-Archbishop of Canterbury Sir Orlando Bridgman Knight and Baronet Lord Keeper of the Great Seal John Lord Roberts Lord Privy Seal George Duke of Buckingham Mr. of the Horse to His Majesty James Duke of Monmouth James Duke of Ormond Lord Great Steward of His Majesties Houshold Henry Marquis of Dorchester Henry Earl of Ogle Thomas Earl of Ossory Robert Earl of Lindsey Lord Great Chamberlain of England Edward Earl of Manchester Lord Chamberlain of His Majesties Houshold· Awbrey Earl of Oxford John Earl of Bridgwater Robert Earl of Leceister Henry Earl of S. Albans Edward Earl of Sandwich Arthur Earl of Anglesey John Earl of Bath Groom of the Stole to His Majesty Charles Earl of Carlisle William Earl of Craven John Earl of Rothes His Majesties Commissioner in Scotland John Earl of Lotherdale Secretary of State in Scotland John Earl of Tweedale John Earl of Middleton Richard Earl of Carbury Lord President of Wales Roger Earl of Orrery Humphrey Lord Bishop of London Henry Lord Arlington one of His Majesties Principal Secretaries of State Francis Lord Newport Comptroler of His Majesties Houshold John Lord Berkley Lieutenant of Ireland Densel Lord Holles Anthony Lord Ashley Chancellor of the Exchequer Sir Thomas Clifford Knight Treasurer of His Majesties Houshold Sir George Carteret Knight Vice-Chamberlain to His Majesty Sir John Trevor Knight one of His Majesties Principal Secretaries of State Sir Thomas Ingram Knight Chancellor of the Dutchy Sir William Morice Knight Sir John Duncom Knight Sir Thomas Chicheley Knight Master of the Ordnance These are all to wait on his Majesty and at Council Board sit in their Order bare-headed when His Majesty presides At all Debates the lowest delivers his opinion first that so he may be the more free and the King last of all declares his Judgment and thereby determines the mater in Debate The Time and Place of holding this Council is wholly at the Kings pleasure but it is most commonly held in the morning on Wednesday and Friday out of Parliament time and Term time and in the Afternoon in time of Parliament and Term. A Council is seldom or never held without the Presence of one of the Secretaries of State of whose Office and Dignity much more considerable in England than in other Nations take here this brief Account The Kings of England had antiently but one Secretary of State until about the end of Henry the Eight his Reign it was thought fit that weighty and important Office should be discharged by two Persons both of equal authority and both stiled Principal Secretaries of State In those days and some while after they sate not at Council Board but having prepared their business in a Room adjoyning to the Council-Chamber they came in and stood on either hand of the King and nothing was debated at the Table until the Secretaries had gone through with their Proposals But Queen Elizabeth seldom coming to Council that Method was altered and the two Secretaries took their places as Privy Counsellors which Dignity they have retained and enjoyed ever since and a
expedient to premise somewhat of the Ecclesiastical persons in England IN the Government of the Church of England among the Ecclesiastical persons governing in the Englih Church is First the King of England who is as the Lawyers say Personae sacra mixta cum sacerdote The King is the supreme Bishop of England and at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical for as he hath put upon him Corona Regni as an Embleme of his King-ship and power in Temporals so hath he Stola Sacerdotis commonly called Vestis Dalmatica as a Levitical Ephod to signify his Priesthood and power in Spirituals He is Supreme Governor in all Causes Ecclesiastical as well as Civil is Patron Paramount of all Ecelesiastical Benefices in England to whom the last Appeal in Ecclesiastical Affaires are made who alone hath power to nominate persons for all Bishopricks and chief Dignities as Deaneries and some Prebends in the Church c as more at large may be seen in the First part of the Present State of England Next to the King in the Church Government are the Bishops whereof two are called Primats Metropolitans or Archbishops that is chief Bishops the one of Canterbury the other of York each of which have besides their Peculiar Dioceses a Province consisting of several Dioceses and therein by Common Law a Prerogative of proving Wills and granting Administrations where the person dying had bona notabilia that is above 5 l. in Divers Dioceses or Jurisdictions Also by Grants of several Kings they have each one certain Priviledges Liberties and immunities in their own Estates Under these two Archbishops are 26 Bishopricks whereof 22 are reckoned in the Province of Canterbury and four in the Province of York So that there are besides the two Archbishops twenty four Bishops all which have the Title of Lords by reason of their Baronies annext to their Bishopricks and have precedence of all other Barons both in Parliament and other Assemblies amongst these precedes always the Bishop of London who by antient right is accounted Dean of the Episcopal Colledg of that Province and by vertue thereof is to signify the Pleasure of his Metropolitan to all the Bishops of the Province to execute his Mandates to disperse his Missives on all emergency of affaires to precide in Convocations or Provincial Synods during the necessary absence of the Metropolitan Next to London in Parliament precedes Durham and then Winchester all the rest of the Bishops take place according to the Seniority of their Consecrations The Function of an English Bishop consists in what he may act either by his Episcopal Order or by his Episcopal Jurisdiction By his Episcopal Order he may ordain Deacons and Priests he may Dedicate Churches and burying places may administer the Rite and Ceremony of Confirmation without whom none of these things may be done The Jurisdiction of a Bishop is either Ordinary or Delegated the Ordinary is what by the Law of the Land belongs to each Bishop in his own Diocess the Delegated is what the King is pleased to confer upon him not as a Bishop but as he is a Subject and a considerable Member of the Kingdom For all Clergymen are in England as antiently among Gods own People the Jews and amongst the Primitive Christians so soon as they were under Christian Emperors judged fit to enjoy divers temporal honours and employments as First to be in the Commission of the Peace for who so proper to make and keep Peace as they whose constant duty it is to preach Peace who so fit as they whose main business and study it is to reconcile those that are at variance and therefore since His Majesties happy Restauration as well as before divers grave discreet Divines have been made Justices of Peace and thereby not only the poor Clergy-men have been protected from the oppression of their causeless enemies but many differences have been composed without any Law-sute in a more Christian and less expensive way Secondly to be of His Majesties Privy Council where frequently Cases of Conscience may arise relating to State matters that will admit neither of delay nor publication and therefore after the pattern of that excellent Christian Emperor Constantine the Great our good Kings both before and since the Reformation have always admitted some spiritual persons to their Council Tables and Closet-debates Thirdly to be employed in publick Treaties and Negotiations of Peace and this both the Ancient and Modern practice will justify that none hath been more frequently and succesfully used in such Messages then the Ambassadors of Christ Fourthly to enjoy some of the great Offices of the Crown as to be Lord Chancellor Lord Treasurer c. And it hath been observed that in the late Kings Raign when the Bishop of London was Lord Treasurer that Office was executed with as much diligence faithfulness dexterity and content to the Subject as well as to the King as ever it had been by any of his late lay-Predecessors In the ordinary Jurisdicton of a Bishop as a Bishop may be considered either the Jurisdiction it self or what is instated in him by the Law of the Land for the better execution of that Jurisdiction The Jurisdiction it self is established partly by Statute Law as to Licence Physitians Surgeons and School-Masters to unite and consolidiate small Parishes to assist the Civil Magistrates in the execution of some Statutes concerning Ecclesiastical affairs to compel the payment of Tenths and Subsidies due from the Clergy to the King Partly by Common Law as upon the Kings Writ to certify the Judges touching legitimate and illegetimate Births and Marriages to require upon the Kings Writ the burning of an obstinate Heretick also to require the Kings Writ for imprisoning the Body of one that obstinately stands excommunicated 40 dayes And partly by Common and Ecclesiastical Law together as to cause Wills of the Deceased to be proved to grant Administration of Goods of such as dye intestate to give order for the gathering and preserving of perishable Goods where none is willing to administer to cause Account to be given of Administrations to collate Benefices to grant Institutions to Benefices upon the Presentations of other Patrons to command Induction to be given to order the collecting and preserving of the Profits of vacant Benefices for the use of the Successors to defend the Franchises and Liberties of the Church to visit their particular Diocesses once in three years and therein to inquire of the Manners Carriages Delinquencies c. of Ministers of Church-wardens of the rest of the Parishoners and amongst them especially of those that profess themselves Physitians Surgeons School-masters Midwives of Wardens of Hospitals how they perform their several Duties and trusts also of all others professing Christianity and offending either against Piety as by Blasphemy Idolatry Superstition Perjury Heresie Errors against the 39 Articles Schism Conventicles absence from Divine Service unlawful abstinence
of Venice and as it doth the Senators of Rome at this day c. The time of sitting in Parliament is on any day in the morning or afore dinner onely it hath antienly been observed not to assemble upon some high Festival days but upon ordinary Sundays oft-times as days accounted by all Christians less solemn then divers other Festivals which are celebrated but once a year When the day prefixt by the King in his Writs of Summons is come the King usually cometh in person with his Crown on his Head and clothed with his Royal Robes declares the cause of the Summons in a short Harangue leaving the rest to the Lord Keeper who then stands behind His Majesty the Commons in the mean time standing bare at the Barr of the Lords House are afterwards in the Kings name commanded to choose them a Speaker which without the Kings Command they may not do whereupon they returning to their own House make choice of one of their own Members whom afterwards upon another day they present to the King and being approved of by His Majesty sitting in his Chair and all His Lords both Spiritual and Temporal in their Robes of Scarlet he makes a modest refusal which not allowed he petitioneth His Majesty that the Commons may have during their sitting First a free Access to his Majesty Secondly Freedom of Speech within their own House Thirdly Freedom from Arrests Before any affair be medled with all the Members of the House of Commons take the Oath of Allegiance and Supremacy in the presence of an Officer appointed by the King By that old Manuscript called Modus tenendi Parliamentum it doth appear that the House of Commons did antiently as the House of Lords at this day consist of Clergy-men as well as Lay-men there sate the Procuratores Cleri two for each Diocess representing all the Clergy-Commons of the Diocess as the Knights of the Shire doth all the Lay-Commons of the Shire for it was then judged expedient that every Freeman of England as well Clergy as Laity should in passing of all Laws touching propiety whereunto they were to be subject give their consent personally or immediately by themselves or else by some that by their Election should mediately undertake for them and the words of the Writ for summoning the Procuratores Cleri as aforesaid seem to warrant the same at this day The Power and Priviledges of both Houses of Parliament are divers and distinct one from an other The Lords House hath a power not onely in making and repealing Laws but also in tractando consilium impendendo as the words of the Writ are also in judging of Controversies judging in the arraignment of any Peer of the Realm putting men to their Oaths especially in matters of importance as the Corruption of Judges and Magistrates in Errours Illegal proceedings in other Courts in Appeals from Decrees in Chancery c. The Lords that in their Religion conform not to the Church of England may yet sit and have Suffrage in the Lords House All the Lords Spiritual and Temporal have this Priviledge That if by reason of Sickness or other business they cannot appear they may make Proxies to vote in their stead after Licence obtained by a Letter under the Kings Signet to be excused for their absence so that in every Parliament every person in England either by himself Proxy or Representative is said to be there and to have his Suffrage for making or repealing any Law The Commons have also a power in making and repealing Laws they also have their Negative Voyce for Levying of any money upon the Subject the Bill is to begin in the Commons House because from them doth arise the greater part of Moneys The Commons have the Priviledge to supplicate and propose Laws to impeach publick Delinquents even the highest Lords of the Kingdom both Spiritual and Temporal The House of Commons is the Grand Inquest of the Realm summoned from all parts to present publick grievances and Delinquents to the King and Lords to be redressed and punished by them and to this purpose the Lords sit in their Robes on the Bench covered as Judges do in other Judicatories they swear and examine Witnesses and at length pass sentence whilst the Members of the Commons House stand bare at the Bar of the Lords House produce Witnesses mannage evidence c. Note that although every Member of the Commons House is chosen to serve for one particular County City or Burrough yet he serves for the whole Kingdom and his voyce equal to any other his power absolute to consent or dissent without ever acquainting those that sent him or demanding their assent as the States General of the United Neatherlands are obliged to do in many Cases Yet are they to make that their special care to promote the Good of that County City or Borough for which they serve Although the Lords of Parliament are to bear their own charges because they represent there only themselves yet all the Commons both Lay and Clergy that is the Procuratores Cleri are to have rationabiles Expensas as the words of the Writ are that is such allowance as the King considering the Prices of all things shall judge meet to impose upon the people to pay In the 17 Edward 2. it was 10 groats for Knights and 5 groats for Burgesses but not long after it was 4 s. a day for dubbed Knights and 2 s. for all others which in those days as appears by the prices of all things was a considerable sum above 20 times more than it is now for not onely their expences were considered though that was great by reason of the sutable attendance that then every Parliament man had but also their pains their loss of time and necessary neglect of their own private affairs for the service of their Country and when the Countries Cities and Burroughs paid so dear for their expences they were wont to take care to choose such men as were best able and most diligent in the speedy dispatch of affaires by which means with some other more business in those times was dispatched in Parliament in a week then is now perhaps in ten so that the Protections for Parliament men and their Servant from Arrests were not then grievous when scarce any Parliament or Session lasted so long as one whole Term. In the Raign of Edward 3. the Parliaments sometimes sate but eight days and sometimes less as may be seen in the Records of the Tower and yet transacted several and weighty affairs of the Nation many things being prepared before hand as some think by the King and his privy Council as they are at present in Sweden and that commonly they then debated onely upon such things as the King did propose which is now done by the Convocation of the Clergy of England The afore-mentioned expences being duly paid did cause all the petty decayed Burroughs of England to become humble Suitors to the King
Nations and excelled all Nations in making of good Lawes yet for their Sea-affairs referred all Debates and Controversies to the Judgement of these Rhodian Lawes Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitane not far from the Mouth of the Garonne where our famous Warriour King Richard the First caused to be compiled such excellent Laws for Sea matters that in the Ocean Sea Westward they had almost as much repute as the Rhodian Laws in the Mediterranean and these Lawes were called La Rool d' Oleron King Edward the Third who first erected this Court of Admiralty as some hold made at Quinborough 1375. very excellent Constitutions concerning Maritime affairs and many Statutes and Ordinances have been made by other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and Messina yet that fragment of the Rhodian Law still extant with the Comments thereon by the old Jurisconsults inserted in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still holds the Preeminence The Customes and former Decrees of the English Court of Admiralty are there of force for deciding of Controversies Under this Court there is also a Court of Equity for determining differences between Merchants In Criminal affairs which is commonly about Piracy the proceeding in this Court was by Accusation and Information according to the Civil Law by a mans own confession or eye-witnesses found gulty before he could be condemned but that being found inconvenient there were two Statutes made by H. VIII that Criminal affairs should be tried by Witnesses and a Jury and this by special Commission of the King to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes Between the Common Law of England and the Admiralty there seems to be Divisum Imperium for in the Sea so far as the Low-water Mark is observed that is counted Infra Corpus Comitatus adjacentis and Causes thence arising are determinable by the Common-Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between the Low-water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For regulating and ordering His Majesties Navies Ships of War and Forces by Sea See those excellent Articles and Orders in Stat. 13 Car. 2. c. 9. Of the Navy Office where the whole business concerning the Kings Vessels of War is managed FIrst There is the Treasurer of the Navy the Earl of Anglesy whose Office is to receive out of the Exchequer by Warrant from the Lord Treasurer of England and to pay all charges of the Navy by Warrant from the principal Officers of the Navy for which he hath salary 220 l. 13 s. 4 d. besides 3 d. in the pound of all moneys paid by him This Office is executed pro tempore by Sir Thomas Osburn and Sir Thomas Littleton for which there are allowed to each fifteen hundred pounds per annum Next the Controller of the Navy Sir John Mennes whose Office is to attend and controll all payments of wages to know the Market rates of all stores belonging to shipping to examine and audit Treasurers Victuallers and Store-keepers Accounts c. his Salary is 500 l. yearly This Office is executed at present by the Lord Vicount Brounker the forementioned Sir John Mennes and Sir Jeremy Smith together Surveyor of the Navy Collonel Thomas Middleton whose Office is generally to know the state of all stores and see the wants supplyed to find the Hulls Masts Yards and estimate the value of repairs by Indentures to charge all Boatswains and Carpenters of His Majesties Navy with what stores they receive and at the end of each voyage to state and audit their Accounts his Salary is 490 l. Clerk of the Acts Samuel Pepys Esquire whose Office is to record all Orders Contracts Bills Warrants and other businesses transacted by the Principal Officers and Commissioners of the Navy c. Next the Commissioners of the Navy viz. the forementioned Lord Brounker and Sir Jeremy Smith whose Office is as above specified and Salary to each 500 l. yearly Two other Commissioners John Tippets And John Cox Esquires whose particular work is to be at Portsmouth and Chatham alwayes in readiness to give Orders for the better management of His Majesties affairs in his Yards or Store-Houses there Salary to each is 350 l. yearly Each of these Officers above named have two Clerks and some of them more all payd by the Treasurer of the Navy all hold their Places by Patent from the King and the most of them during Pleasure The King hath for his Navy Royal and Stores 4 great Yards or Store-houses viz. at Chatham Deptford Woollwich and Portsmouth where his ships are built repaired and laid up after their voyages In which Yards are employed divers Officers whereof there are six Principal whose Office Names and Salaries follow   Chat. Dep. Wool Port. Clerk of the Check 181 108 98 126 Store-keeper 236 164 128 119 Master attendant 2 at Chatham 200 100 100 108 Master ship-wright 103 113   130 Clerk of the Controll 100 120 80 80 Clerk of the Survey 140 102   84 Note that the charges of their Clerks and Instruments are included in the aforementioned Salaries Besides these four Yards His Majesty hath divers Rope Yards as at Chatham Woolwich and Portsmouth where are made all His Cables and Cordage for His Navy Also in time of a Sea-war the King hath another Yard at Harwich where there is out of War time continued an Officer at the charges of 100 l. yearly Yearly Pensions allowed by the King to to his Flag-Officers whilst they are at Land of Employment Two Admirals   salaries   l. Sir George Askew 250 Sir Thomas Allen 245 Three Vice-Admirals Sir Joseph Jordan 200 Sir Edward Sprag 250 Sir John Herman 200 Three Rere-Admirals   l. Riches U●bert 150 Sir John Kempthorn 150 John Hubbert 150 All the Fore-mentioned Officers and the whole Navy Office are governed by the Lord High Admiral of England whose Lie●tenant Admiral is the Earl of Sandwich Salary 20 s. per diem and 10 s. per mens for each servant whereof he is allowed 16. Lord Adm. Secretary is Matthew Wren Esquire his Salary from the King is 500 l. yearly All the other under Officers as well those in the several Yards as those belonging to any of His Majesties ships hold their places by Warrant from the Lord High Admiral durante bene placito The ordinary yearly Charge of His Majesties Navy in times of Peace continuing in Harbour is so well regulated that it amounts to scarce 70000 l. besides all charges of building of ships c. or setting forth any Fleets which some years even in peaceable times amounts to 12 or 1300000 l. more as may easily be