Of the Ecclesiastical Government of England, and first of the Convocation.

FOr the Church legislative power, or the making of Ecclesiastical Laws, and consulting of the more weighty affairs of the Church, the King by the advise of his Privy Council, usually convokes a Nati­onal Synod commonly called the Convoca­tion, which is summoned in manner fol­lowing.

The King directeth his Writ to the Arch­bishops of each Province, for summoning all Bishops, Deans, Arch-deacons, Cathe­drals, and Collegiate Churches, according to their best discretion and judgment, assign­ing them the time and place in the said Writ; whereupon the Archbishop of Can­terbury directs his Letters to the Bishop of London, as his Dean Provincial, first ci­ting himself peremptorily, and then wil­ling him to cite in like manner all the Bi­shops, Deans, Archdeacons, Cathedral and Collegiate Churches, and all the Cler­gy of his Province to that place, and at the day prefixt in the Writ; but directeth withal that one Proctor sent for each Ca­thedral and Collegiate Churche, and two for the body of the inferiour Clergy of each Diocess may suffice. The Bishop of London accordingly directs his letters to [Page 35] the Bishops of every Diocess of the Pro­vince, citing them in like manner to ap­pear, and to admonish the Deans and Archdeacons to appear personally, and the Cathedrals, Collegiate Churches and inferiour Clergy of the Diocess, to send their Proctors to the place; and at the day appointed; also to certifie to the Arch­bishop the names of all so summoned by them.

The place where the Convocation of Clergy in the Province of Canterbury hath usually been held, was St. Pauls Church in London, but of later times at St. Pe­ters in Westminster in the Chappel of Hen­ry the Seventh; where there is (as in Parli­ament) a Higher and a Lower House, or a House of Lords Spiritual, and a House of Commons Spiritual.

The Higher House of Convocation in the Province of Canterbury consists of 22 Bishops, whereof the Archbishop is Pre­sident, sittting in a Chair at the upper end of a great Table, and the Bishops on each side of the same Table all in their Scarlet Robes.

The Lower House consists of all the Deans, Archdeacons, one Proctor for every Chapter, and two Proctors for all the Cler­gy of each Diocess, in all 166 persons, viz. 22 Deans, 24▪ Prebendaries, 54 Archdeacons, and 44 Clerks representing the Diocesan-Clergy.

The first day both houses being assembled the Higher chooseth a Bishop for their Pro­locutor▪ [Page 36] and the Lower being required by the Highe House to choose them a Prolocutor, or Spea­ker; which done they present him to the Up­per House by two of their Members, whereof one makes a Speech in Latin; and then the E­lect person makes another Speech in Latin. Lastly the Archbishop answers in Latin, and in the name of all the Lords approves of the person.

Both Houses debate and transact only such matters as His Majesty by Commission expresly alloweth.

In the Upper House things are first pro­posed, and then communicated to the Lower House.

The Major vote in each House pre­vailes.

Out of Parliament time they usually assemble every day about Nine of the clock, and first the Junior Bishop sayes prayers in Latin, beginning with the Le­tany, and then for the King, &c. And in the Lower House the Prolocutor says prayers.

In Convocation are debated only matters concerning Religion and the Church, and sometime of giving His Majesty assistance in Money; for as the Laity cannot be tax­ed without their own consent, signified by their Representative in Parliament, so the Clergy cannot be taxed without their con­sent, signified by their Representative in Convocation.

The Clergy in Convocation might an­tiently without asking the Royal Assent, and now may with the Royal Assent make [Page 37] Canons touching matters of Religion, to bind not only themselves, but all the Lai­ty with-out consent or ratification of the Lords and Commons in Parliament.

Till the late Rebellion the Parliament did not at all meddle in the making Ca­nons, or in matters Doctrinal, or in Trans­lation of Scriptures, only by their civil Sanctions (when they were thereto requi­red) did confirm the Results and Con­sultations of the Clergy, that so the peo­ple might be the more easily induced to o­bey the Ordinances of their Spiritual Go­vernors.

The Clergy of England had antiently their Representatives in the Lower House of Parliament, as appears by that antient Record so highly prized by the late Lord Coke; and as the Upper House had and still hath Lords Spiritual as well as Tem­poral; so in the Lower House there were always Commons Spiritual as well as Temporal; for that Record saith expresly, that the Commons in Parli­ament consist of three degrees or kinds; First, ex Procuratoribus Cleri; Second­ly, ex Militibus Comitatuum; Third­ly, ex Burgensibus: and the words of the Writ directed now to the Procuratores Cleri, seem to give them the very same right to sit in that House, as the words of the Writ to the Knights, Citizens and Bur­gesses do give to them.

All the Members of both Houses of Con­vocation have the same priviledges for [Page 38] themselves and menial Servants, as the Members of Parliament have, and that by Statute.

The Archbishop of York at the same time holds at York a Convocation of all his Province in like manner, and by con­stant correspondence doth debate and con­clude of the same matters as are debated and concluded by the Provincial Synod of Canterbury.

Now for the Executive power in Church matters throughout the Kingdom of Eng­land, there have been provided divers ex­cellent Courts, whereof the highest for cri­minal Causes was the High Commission Court, for the jurisdiction whereof it was enacted primo Elizabethae, that Her Ma­jesty and Successors should have power by Letters Patents under the Great Seal, to nominate Commissioners to exercise ju­risdiction throughout the whole Realm; to visit, reform, and correct all Errors, Heresies, Schisms, Abuses, and Delin­quencies, that may by any Ecclesiastical power be corrected or reformed.

This Court consisted of the highest per­sons of England in the Church and State, and was the principal Bulwark and Pre­servative of the Church of England against the practices and assaults of all her Adver­saries, whether Romanist, Puritan, or Athe­ist, yet for some pretended abuses, the use thereof was taken away in the late seditious long Parliament; whereupon followed a deluge of Errors in Religion, Apostacy, [Page 39] Atheism, Blasphemy, Sacriledge, Incest, Adultery, impious Libels, Schisms, Con­venticles, &c. all which so overwhelmed the manners of English men, and occasi­oned at length so many profest Atheists, that until the re-establishment of this or the like Court, there cannot a Reformation be reasonably hoped for.

For civil affairs that concern the Church, the highest Court is the Court of Dele­gates for the jurisdiction whereof it was provided 25 H. 8. that it shall be lawful for any subject of England, in case of de­fect of justice in the Courts of the Arch­bishop of Canterbury, to appeal to the Kings Majesty in his Court of Chancery, and that upon such appeal, a Commission under the Great Seal shall be directed to certain persons particularly designed for that busi­ness; so that from the highest Court of the Archbishop of Canterbury, there lies an Appeal to this Court of Delegates, and be­yond this to none other.

Next to the Court of Delegates are the Courts of the Archbishop of Canterbury, where any Ecclesiastical Sutes between any persons may (waving all inferior Courts) be decided; amongst them the highest Court is the Court of Arches, so called from the Arched Church and Tower of S. Maries in Cheapside, London, where this Court is wont to be held, the Judge whereof is cal­led Dean of the Arches, having jurisdicti­on over a Deanery, consisting of 13 Parishes within London, exempt from the jurisdicti­on [Page 40] of the Bishop of London. Hither are di­rected all Appeals in Ecclesiastical matters within the Province of Canterbury. To this Court belongs divers Advocates, all Doctors of the Civil Law, two Registers, and ten Proctors: the Dean at present is Doctor Sweat.

In the next place the Archbishop of Canterbury hath his Court of Audience kept within the Archbishops Palace, and medleth not with any difference between parties, but concerning Elections and con­secration of Bishops, Admission and Insti­tution to Benefices, dipensing with Banes of Matrimony, &c.

The next Court is called the Preroga­tive Court, which judgeth of Estates fal­len by Will, or by Intestates, so called, be­cause the Archbishops jure Praerogativae suae hath this power throughout his whole Pro­vince where the party at the time of death had 5 l. or above in several Dioceses; and these two Courts hath also the Archbishop of York.

Lastly, the Court of Peculiars, which dealeth in certain Parishes, lying in several Dioceses, which Parishes are exempt from the jurisdiction of the Bishops of those Dio­ceses, and are peculiarly belonging to the Archbishop of Canterbury, in whose Pro­vince there are 57 such Peculiars.

Besides these Courts serving for the whole Province, every Bishop hath his Court held in the Cathedral of his Diocess, over which he hath a Chancellor, tearmed anti­ently [Page 41] Ecclesiecdicus & Episcopi Ecdicus, the Church Lawyer or the Bishops Lawyer, who being skill'd in the Civil and Canon Law, sits there as Judge; and if his Dio­cess be large, he hath in some more remote place a Commissary, whose authority is on­ly in some certain place of the Diocess, and some certain Causes limited to him by the Bishop in his Commission; and these are called Consistory Courts.

Moreover, every Archdeacon hath his Court and Jurisdiction, where smaller differences arising within his limits are pleaded. Also the Dean and Chapter hath a Court, and take cognizance of Causes happening in places belonging to the Ca­thedral.

Lastly, there are certain peculiar Juris­dictions belonging to some certain Parish­es, the Inhabitants whereof are exempt sometimes from the Archdeacons Jurisdicti­on, and sometimes from the Bishops Juris­diction.

Causes belonging to Ecclesiastical Courts, are Blasphemy, Apostasie from Christianity, Heresies, Schisms, Ordinati­ons, Institutions of Clerks to Benefices, Celebration of Divine Service, Rights of Matrimony, Divorces, general Bastardy, Tythes, Oblations, Obventions, Mortu­aries, Dilapidations, Reparation of Churches, Probate of Wills, Administra­tions, Simony▪ Incests, Fornications, Adul­teries, Solicitations of Chastity, Pensions, Procurations, Commutation of Pennance, [Page 42] &c. the cognizance whereof belongs not to the Common Law of England.

The Laws and Constitutions whereby the Ecclesiastical Government doth stand, and the Church of England is governed, are first general Canons made by general Councels; also the Arbitria sanctorum Pa­trum, the opinion of Fathers, the grave Decrees of several Holy Bishops of Rome, which the Kings of England from time to time have admitted.

Next our own Constitutions made anti­ently in several Provincial Synods, either by the Legats Otho and Othobon, sent from Rome; or by several Archbishops of Can­terbury; all which are by 25 H. 8. of force in England, so far as they are not repug­nant to the Laws and Customs of England, or the Kings Prerogative. Then the Ca­nons made in Convocations of later times, as primo Jacobi, and confirmed by his Roy­al Authority. Also some Statutes enacted by Parliament touching Ecclesiastical af­fairs: And lastly, divers Customs not writ­ten, but yet in use beyond the memory of man: and where these fail, the Civil Law takes place.

The manner of Tryals by these Laws and Customs are different from the Tryals at Common Law, and are briefly thus. First goes forth a Citation, then Bill and An­swer, then by Proofs, Witnesses, and Pre­sumptions the matter is argued pro and con, and the Canon and Civil Laws quo­ted, then without any Jury, the definitive [Page 43] sentence of the Judge passseth, and upon that Execution. And this is the manner of try­ing Ecclesiastical Civil Causes; but Eccle­siastical criminal Causes are tryed by way of Accusation, Denunciation, or Inquisi­tion. The first, when some one takes upon him to prove the crime: the second, when the Churchwardens present and are nor bound to prove, because it is presumed they do it without any malice, and that the crime is notorious. Lastly, by Inquisition, when by reason of common fame, inquiry is made by the Bishop, ex officio suo, by calling some of the neighborhood to their Oaths, or the party accused to his Oath ex officio, so called, because the Ecclesi­astical Judge doth it ex officio suo, which is very antient, and was usual among the Jews; so Joshua to Acan, Fili mi tribue gloriam, &c. So God himself to Adam up­on his first transgression; and likewise after­ward to Sodom; but by the prevailing faction in the long Parliament, this power was extorted from the Church, the want whereof is one main cause of the great libertinisme and debauchery of the Na­tion.

Now the punishments inflicted by these Spiritual or Ecclesiastical Courts, accord­ing to these Spiritual or Ecclesiastical Laws, proceed in this manner. First the party delinquent is admonish'd; next goes forth minor Excommunicatio, whereby he is excommunicated or excluded from the Church; or if not from the Church, yet [Page 44] from the Communion of the Lords Supper, is disenabled to be Plaintiff in a Law Sute, &c. And this commonly for stubborness shewed by not appearing in the Ecclesiasti­cal Court upon summons, or not obeying the Orders of the Court which though in smallest matters, yet may be a very great crime; for Res praecepta quo facilior est ob­servatu eo praecepti violatio est gravior cum fit magis spontanea, as S. Austin observes of the first sin of Adam. Any command by how much the easier it may be observed, by so much the more grievous is the breach thereof, because it is the more voluntary: besides in contempts it is not so much the violation of the Law as of the Authori­ty, which ought to be resented. And here­in the Church of England proceedeth no otherwise than the State of England; for so odious in the eye of the common Law of Enland, is the contempt thereof, that not on­ly for Felonies, but even in an Action of the case, in an Action of a small Debt, Account or Detinue, if a man will not appear and submit himself to a Tryal at Law, a Pro­cess of Outlawry is grounded against him, and he being once Outlawed, he is out of the protection of the Law. Caput gerit lupinum, saith Bracton, an Outlaw'd was antiently lookt upon as a Wolf, lawfully to be killed by any man that should meet him, as most just, that he who contemned the Law, and therein the King, should not have benefit by the Law, nor protecti­on from the King, and at this day he is to [Page 45] loose all his Goods and Chattels. The Reader will easily pardon this digression when he considers the general cry against Excommunications at this day.

This power of lesser Excommunication the Bishop may delegate to any grave Priest with the Chancellour.

Excommunicato major is not only an exclusion from the company of Christians in Spiritual Duties, but also in Temporal affairs, and this commonly for Heresie, Schism, Perjury, Incest, and such grievous crimes; and that it may be done with the more solemnity and terror, it is to be pro­nounced by the Bishop himself in his proper person; and being so Excommunicated, a man cannot in any Civil or Ecclesiastical Court, be Plaintiff or Witness. And in case any man be so stubborn as to continue 40 days excommunicated, the Kings Writ de excommunicato capiendo is granted forth of the Chancery against him; where­upon he is cast into prison without Bail, there to lie till he hath satisfied for his of­fence.

Next there is Anathematismus to be inflict­ed only upon an obstinate Heretick, where­by he is declared a publick Enemy of God, and rejected, and cursed, and delivered o­ver to eternal damnation: and this to be done by the Bishop, also in his own per­son, assisted by the Dean and Chapter, or twelve other grave Priests.

Lastly, there is Interdictum, whereby is prohibited all Divine Offices, as Christi­an [Page 46] an Burial, Administration of Sacraments, &c. in such a Place, or to such a People, and if this be against a People; it follows them wheresoever they go; but if against a Place only, then the People of that Place may go to Divine Offices elsewhere.

Besides these general censures of the Church, which respect Church Communi­on, there is another which toucheth the body of the Delinquent, called Publick Penance, when any one is compelled to confess in publick his fault, and to bewail it before the whole Congregation in the Church; which is done in this manner: the Delinquent is to stand in the Church Porch upon some Sunday bare, head and feet, in a white Sheet, and a white Rod in his Hand, there bewailing himself, and beg­ing every one that passes by to pray for him; then to enter the Church, falling down and kissing the ground; then in the middle of the Church, placed in a higher place in the sight of all the People, and over against the Minister, who declares the foulness of his crime odious to God, and scandalous, to the Congregation, that God can no way be satisfied but by applying Christs sufferings, nor the Congregation, but by an humble acknowledging of his sin, and testifying his sincere repentance and sorrow, not in words only, but with tears, and promising there in the sight of God and his Holy Angels, that by Gods assist­ance, and by Prayer, Meditation, and dai­ly works of Piety, he will endeavor hereaf­ter [Page 47] more carefully to watch against the temptations of the world, the allurements of the flesh, and the snares of the Devil: which being done, and the Priest in Christs name pronouncing the remission of sins, the penitent humbly beseeches the Congre­gation to pardon him that great scandal against them, and receive him into their holy Communion, and to account him again a Member of their Church and in testimony hereof, out of their Christian Charity, to vouchsafe to say with him aloud, the Lords Prayer. And this way of the Church of England, appears by divers Writers, to be the antient way used by the Primitive Churches:

Note that it is ordained by the Canons of the Church of England, that in case the crime be not notorious and publick, the forenamed penance may at the parties re­quest be commuted into a pecuniary Mulct for the poor of the Parish, or some Pious uses, provided that for the Reformation of the Delinquent that way appear to be the more probable way; for some men will be thereby reclaimed, who by publication of their offence would become more impudent, and hardned, when they perceive their re­putation to be lost.

There remains one more punishment or Ecclesiastical censure which toucheth the body, and that is denyal of Christian bu­rial, which is inflicted not in poenam mor­tuorum, but in terrorem viventium, who naturally desire that after their death their [Page 48] bodies may be decently interred. And Chri­stian burial is wont to be denyed by the Church of England, to persons dying ex­communicate, to perjured persons, to such as are hanged for Felony, or that wilfully kill themselves, and to Apostates, Here­ticks, and Extortioners.

To these forenamed Censures and Pu­nishments, both Laity and Clergy are sub­ject; but besides these, there are punish­ments whereunto the Clergy only are lya­ble▪ as first, Suspensio ab Officio, when a Minister for a time is declared unfit to ex­ecute the Office of a Minister.

Then Suspensio a Beneficio, when a Mini­ster for a time is deprived of the profits of his Benefice; and these two Censures are wont to be for smaller crimes.

Thirdly, Deprivatio a Beneficio, when for a greater crime, a Minister is wholly and for ever deprived of his Living.

And fourthly, Deprivatio ab Officio, when a Minister is wholly and for ever deprived of his Orders, and this is called Depositio, or Degradatio, and is common­ly for some heynous crime, meriting death, and is performed by the Bishop in a so­lemn manner, pulling off from the Crimi­nal his Vestments, and other Ensignes of his Order; and this in the presence of the Civil Magistrate, to whom he is then de­livered to be punished as a Lay man for the like offence. And herein Bishops are to take special care to behave themselves [...], not [Page 49] as lording over Gods Heritage, not as absolute Masters over Servants, to gain by their punishments, but as Fathers over Children, for their amendment, and as be­ing Ministers in Spiritual affairs, to use their power for the good of Christians, and to conduct that power by moderation.

Of the Parliament of England, and therein of the Person summon­ing, the manner of the summons, the persons summoned, their pri­viledges; the place and manner of Sitting, the passing of Bills in either House, the passing of Acts of Parliament, of Adjourn­ing, Proroguing, and Dissolving of Parliaments.

A Brief Account of the Ecclesiastical Government having been given, next follows the Civil Government, towards which, the first great wheel that moves, is the Parliament of England.

Before the Conquest the Great Council of the King, consisting only of the Great men of the Kingdom, was called Magna­tum [Page 50] Conventus, or else Praelatorum Proce­rumque Concilium, and by the Saxons in their own Tongue, Micel Gemot, the Great Assembly; after the Conquest it was called by the French word Parlementum, from Parler, to talk together, still consisting on­ly of the Great men of the Nation, until the Reign of H. 3. The Commons also were called to sit in Parliament; for the first Writs sent forth to summon them, bears date 49. H. 3. about 400 years agoe.

None but the King hath authority to summon a Parliament: In the Kings ab­sence out of the Realm, the Custos Regni in the Kings name doth summon a Par­liament, and during the Kings minority within the Realm, the Protector Regni doth the same.

No Parliament can begin without the Kings Presence, either in Person, or by Representation by Commissioners.

When the King of England is with his Parliament in time of peace, he is then said to be in the height of his Royal Dig­nity, as well as when he is at the head of his Army in time of War. There is then scarce any thing that the King cannot do, his power cannot be confined for Causes or Persons within any bounds. He can with the concurrence of his Lords and Commons, legitimate one that is born il­legitimate, bastardize one that is born le­gitimate, that is to say, one begotten in Adultery, the Husband being then within [Page 51] the four Seas. He can make an Infant of full age, make an Alien or Forreigner an Englishman, can attaint a man of Treason when he is dead, when he is no more a man, &c.

A Parliament is summoned in manner following; About 40 days before the Par­liament doth assemble, the King issues out his Writ cum Advisamento Concilii sui, and the Warrant is, per ipsum Regem & Con­cilium.

The Kings Writ (which is a short Letter or Epistle) is directed and sent to every particular person of the Lords Spiritual and Temporal, commanding the Lords Spiritual in Fide & Dilectione, and the Lords Temporal, per Fidem & Allegian­tiam, to appear at a certain time and place, to Treat and give their Advice in some cer­tain important affairs concerning the Church and State, &c.

Other Writs are sent to the High Sheriff of each County, to summon the people to elect two Knights for each County, two Citizens for each City, and one or two Burgesses for each Burrough, according to Statute, Charter or Customs.

In these Elections, antiently, all the peo­ple had their Votes, and most Votes car­ried it; but for avoiding of tumults and trouble, it was enacted by H. VI. that none should have any suffrage in the election of Knights of the Shire, but such as were Free­holders, did reside in the County, and had yearly Revenue 40 s. (which till the disco­very [Page 52] of the Gold and Silver in America, was as much as 30 or 40 l. now) whence it came to pass, that the Lay-Commons were then elected as the Clergy-Commons, the Procuratores Cleri were and ever have been, viz. sine Prece, sine Pretio, sine Poculo, &c.

The persons elected for each County, are to be Milites Notabiles, or at least Esquires or Gentlemen, fit to be made Knights, as it is in the Statutes of H. VI. They ought to be de discretioribus Militibus, & ad la­borandum potentioribus, as the words in some Writs have been: they ought not to be of younger years, for then it would be Juvena [...]us (si sic loqui liceat) potiús quam Senatus, not lazy Epicures, but men of years, vigorous, active and abstemious men, that will be content to give their constant attendance in Parliament, or else to enjoy neither Priviledge nor Expences allowed to every Member of the Commons House. They ought to be native English men, or at least such as have been Natu­ralized by Act of of Parliament, No Ali­en or Denizon, none of the Twelve Judges, no Sheriff of a County, no Ecclesiastical person that hath cure of souls, may be cho­sen a Parliament man, to serve for any County, City, or Burrough.

Two things are said to be requisite to the legality of sitting in Parliament; first, that a man should be of full age, that is, 21 years old at the least; for if no man un­der that age can dispose of his Estate, nor [Page 53] make one legal Act to that purpose, then much less may he bear any part in the su­preme power of the Nation, to Judge, Vote, or Dispose of the Estate of the whole Realm: yet the practice in the House of Commons (though never in the House of Lords) hath sometimes been otherwise.

All Members of Parliament, both Lords and Commons, that they may attend the publick Service of their Countrey, are pri­viledged with their menial Servants attend­ing on their persons, together with all their necessary Goods, brought along with them from all Attachments and Imprisonments, for Debts, Trespasses, Account or Cove­nant, all the time that they are on the way to the place of Parliament, all the time they are at Parliament, and all the time they are on the way home again, Eundo, Mo­rando, ad propria redeundo (for so were the old words) but they are not priviledg­ed from Arrests for Treason, Felony, or breach of the peace.

The place of meeting for the High and Honourable Assembly, is in whatsoever City, Town, or House the King pleaseth, but of latter times it hath been usually held at the Kings antient Palace, and usual Re­sidence at Westminster, all the Lords in a fair Room by themselves, and the Com­mons not far from them in another fair Room, which was heretofore the antient free Chappel of S. Stephen.

The manner of sitting in the Lords House is thus.

[Page 45]The King as oft as he comes (which hath usually been, only at the opening of Parliaments, or at the passing of Bills, or at some solemn debates, as the present King hath frequently done) is placed at the up­per end of the room in a Chair of State, under a Cloth of State, under which on either hand none but the Kings Children.

On the Kings right hand is a seat, an­tiently for the King of Scotland, when he was summoned to Parliament, as he some­times was in side & legiantia; but now it is for the Prince of Wales. On the Kings left hand is a Seat for the Duke of York.

On the Kings right hand and next the wall, are placed on a Form the two Arch­bishops, next below on another Form, the Bishops of London, Durham, and Winche­ster; all the rest of the Bishops sit accord­ing to the priority of their Consecration.

On the Kings left hand upon Forms, are placed the Lords Chancellor, Treasurer, President of the Kings Council, and Lord Privy Seal; if they are Barons, above all Dukes, except those of the Royal Family; if they are not Barons, then they sit up­permost on the Woolsacks.

On the same side sit the Dukes, Mar­quisses and Earls, according to their Crea­tions.

Upon the first Form, a cross the House, below the Woolsacks sit the Viscounts, and upon the next Forms the Barons all in Or­der.

[Page 55]The Lord Chancellor or Keeper (if the King be present) stands behind the Cloth of Estate, otherwise sits on the first Wool­sack thwart the Chair of State, his Great Seal and Mace by him. He is Lord Speaker of the Lords House. Upon other Woolsacks sit the Judges, the Privy Counsellors, and Secretaries of State, the Kings Council at Law, the Masters of Chancery. Th [...]se be­ing not Barons, have no suffrage in Parlia­ment, onely sit to give their advice when it is required. The reason why these Sages are placed upon Woolsacks, may probably be to mind them of the great importance of Wooll and Sheep to the Nation, that it-never be neglected.

On the lowermost Woolsack are placed the Clerk of the Crown, now Henry Barker Esquire, and Clerk of the Parliament at present John Brown Esquire; whereof the former is concerned in all Writs of Parlia­ment, and Pardons in Parliament; the other recordeth all things done in Parlia­ment, and keepeth the Records of the same. This Clerk hath also two Clerks under him; who kneel behind the same Woolsack, and write thereon. Without the Bar of the Lords House sits the Kings first Gentleman Usher called the Black Rod, from a black sttaff he carries in his hand, under whom is a Yeoman Usher that waits at the door within, a Cryer without, and a Sergeant at Mace always attending the Lord Keeper.

[Page 56]When the King is present with his Crown on his head, none of the Lords are covered.

The Judges stand till the King gives them leave to sit.

When the King is absent, the Lords at their entrance do reverence to the Chair of State, as is or should be done by all that enter into the Kings Presence-Chamber.

The Judges then may sit, but may not be covered till the Chancellor or Keeper signify unto them the leave of the Lords.

The Kings Council and Masters of Chan­cery sit also, but may not be covered at all.

The Commons in their House sit pro­miscuously, onely the Speaker hath a Chair placed in the middle, and the Clerk of that House near him at the Table. They never had any Robes (as the Lords ever had) but wear every one what he fanci­eth most, which to strangers seems very unbecoming the Gravity and Authority of the Great Council of England: and that during their attendance on Parliament, a Robe or grave vestment would as well be­come the Honourable Members of the House of Commons, as it doth all the No­ble Venetians both young and old, who have right to sit in the Great Council 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 [Page 57] 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 [Page 59] 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, [Page 58] 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, [Page 60] 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 [Page 61] 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 that they might not be obliged to send Burgesses to Parli­ment, whereby it comes to pass that divers were unburgessed, as it was in particular granted to Chipping, or Market Torriton up­on their petition, and then the number of the Commons house being scarce half so many as at present, their Debates and Bills were sooner expedited, no faction among them, nor distinction of parties, but al­together [Page 62] by a blessed unanimity amongst themselves, and complyance with the Lords rarely denyed any thing to the King, and as rarely were denyed any thing by the King.

The manner of debates of passing of Bills and Acts, is thus.

It is the practise of each House to debate not onely of what the King hath proposed, but of any other matters, though heretofore that hath sometimes been by their Sove­raign expressy forbidden.

It is free for any man of the Parliament, or not of the Parliament, to get a Bill drawn by some Lawyer, and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient, and this Bill may be put first either in the Lords House or the Commons House.

Whatever is proposed for a Law, is first put in Writing, and call'd a Bill, which, being read commonly after 9 of the clock in a full Assembly, it is either unanimously rejected at first, or else allowed to be deba­ted, and then it is committed to a certain number of the House presently nominated and called a Committee. After it hath been amended, and twice read two seve­ral days in the House, then it is is engros­sed, that is, written fair in Parchment, and read the third time another day, and then, if it be in the Lords House, the Lord Keeper, in the Commons House, the Speak­er demandeth if they will have it put to the question, whether a Law or no Law? [Page 63] if the major part be for it, there is writ­ten on the Bill by the Clerk, So it baillè aux Communes, or, So it baillè aux Seigneurs, retaining still in this, and some other things about making Laws, the custom of our Ancestors, who were generally skilled in the French tongue.

Note that when the Speaker finds divers Bills prepared to be put to the question, he gives notice the day before, that on the morrow he intends to put such Bills to the passing or third reading, and desires the special attendance of all the Members.

Note also, that if a Bill be rejected, it cannot be any more proposed during that Session.

A Bill sent by the Commons up to the Lords is usuall (to shew their respect) at­tended with 30 or 40 of the Members of the House, as they come up to the Lords Bar, the Member that hath the Bill ma­king three profound reverences, deliver­eth it to the Lord Keeper, who for that pur­pose comes down to the Barr.

A Bill sent by the Lords to the Com­mons, is usually sent by some of the Ma­sters of the Chancery, or other person whose place is on the Woolsacks (and by none of the Member, of that House) and they coming up to the Speaker, and bow­ing thrice, deliver to him the Bill, after one of them hath read the Title, and desi­red it may be there taken into consideration, if aftewards it pass that House, then is writ­ten on the Bill, Les Communes ont assentèz.

[Page 64]When any one in the Commons House will speak to a Bill, he stands up unco­vered, and directs his Speech onely to the Speaker, then if what he delivers, be confuted by another, yet it is not allowed to answer again the same day, lest the whole time should be spent by two talkative per­sons. Also if a Bill be debating in the House, no man may speak to it in one day above once.

If any one speak words of offence to the Kings Majesty, or to the House, he is cal­led to the Bar, and sometimes sent to the Tower. The Speaker is not allowed to per­swade or disswade in passing of a Bill, but only to make a short and plain Narrative, nor to Vote except the House be equally di­vided.

After Dinner the Parliament ordinarily Assembles not, though many times they continue sitting long in the afternoon.

Committees sit after dinner, where it is allowed to speak, and reply as oft as they please.

In the Lords House, they give their Suf­frages or Votes beginning at the Puisne or lowest Baron, and so the rest Seriatim, eve­ry one answering apart [ content] or [ not content.]

In the House of Commons they vote by Yea's and No's altogether, and if it be doubtful whether is the greater number, then the Yea's, are to goe forth, and the No's are to sit still (because these are con­tent [Page 65] with their present condition, without any such addition or alteration of Laws as the other desire) and some are ap­pointed to number them, but at a Com­mittee, though it be of the whole House as is sometimes, the Yea's go on one side, and the No's on the other,, whereby they may be discerned.

If a Bill pass in one House, and being sent to the other House, they demur upon it, then a Conference is demanded in the Painted Chamber, where certain deputed Members of each House meet, the Lords sitting covered at a Table, the Commons standing bare with great respect, where the business is debated: if they then agree not, that business is nulled, but if they agree then it is at last brought (with all other Bills which have passed in both Hou­ses) to the King, who comes again with His Crown on his Head, and clothed with His Royal Robes (sometimes before His Plea­sure is to prorogue or dissolve them;) and being seated in His Chair of State, and all the Lords in their Robes, the Clerk of the Crown reads the Title of each Bill, and as he reads, the Clerk of the Parliament, according to his instructions from the King, who before hath maturely considered each Bill, pronounceth the Royal Assent. If it be a publick Bill, the Answer is [ Le Roy le veut] which gives Life and Birth to that Bill that was before but an Em­brio. If a private Bill, the Answer is [ Soit fait comme il est desire] If it be a [Page 66] publick Bill, which the King likes not, then the Answer is [ Le Roys' avisera] which is taken for an absolute denyal in a more civil way, and that Bill wholly nulled. So that it is as true in England in some sence, as in any Monarchy in the world, Quod Prin­cipi placuit legis habet vigorem, Not that whatever the King of England wills be­comes immediately a Law, but that nothing except what the King wills hath the force of a Law.

Note that the King without his personal presence, can by Commission granted to some of his Nobles, give His Royal Assent to any Bill that requires hast.

If it be a Bill for Moneys given to His Majesty, then the answer is [ Le Roy re­mercie ses loyaux sujets, accepte leur Bene­volence, & aussi le veut] which antient Ceremorny of thanking the Subject for parting with their Money, some think might better be spared, because it intimates a distinct interest between the King and His Subjects, which is not onely false, but ve­ry dangerous to be allowed of. The King is Pater patriae, the Money given to him is for our use and benefit, if we are nig­gardly to him, we injure ourselves, &c. The Bill for the Kings general Pardon, hath but one reading in either House, for this reason, because they must take it as the King will please to give it, so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same reason. When the Bill for the general Pardon is passed by [Page 67] the King the Answer is thus ( les Prelats Signeurs & communes en ce Parlament as­semblez au nom de tous vos autres sujets, remercient tres humblement vostre Majeste & prient Dieu vous donner en sante bonne vie & longue.

All Acts of Parliament before the Reign of Henry 7. were passed and enrolled in French, now in Engli [...]h.

Most of our antient Acts of Parliament run in this stile; The King at the humble request of the Commons, with the assent of the Prelates, Dukes, Earles and Ba­rons hath ordained or enacted. After it was thus, The King by the Advice and Assent of the Lords Spiritual and Tempo­ral, and with the Assent of the Commons doth enact: of later times it hath been thus, Be it enacted by the Kings most excellent Majesty, by and with the advice and con­sent of the Lords Spiritual and Temporal, and of the Commons: although the words of the Writ for summoning the Commons (which ought to be the main rule) is onely ad Consentiendum, and not ad Consilium impendendum, as it is in the Writ to the Lords: and it is evident that the Com­mons in the late long Parliament made that an advantage for justifying their usur­pations against the King in that point; and so in another Parliament, the Commons endeavoured to maintain that the Concur­rence of the Lords was not always neces­sary in an Act of Parliament, because, 1 Edward 6. cap. 5. in passing that Act a­gainst [Page 68] transportation of Horses, the Lords were casually omitted, yet by the Register of the Lords House, it appears that that Bill began first in the Lords House, and there passed before the Commons took it in debate, and therefore the Kings Coun­cil at Law is very curious in wording rightly all Acts before they are brought to the King, and the Clerks of the Parliament as carefull in transcribing and registring them: However it is to be wished, that to prevent future mischief to this Nation, some clauses in the late Act of Oblivion and Indemnity might be amended, or at least explained, and more especially about the beginning of that Act, these words ( That all manner of Treasons, &c. since January 1637. and before June 1660. by vertue of any Authority from His late Ma­jesty. King Charles, or His Majesty that now is, be pardoned, &c.) which words might possibly be foisted in designedly to insinuate, as if (according to that most absurd and Traiterous position of some of the Re­bellious Members of the Long Parliament) the Kings person or any commissionated by him, could be guilty of Treason against the Kings Authority, or against His two Houses of Parliament, by pursuing of Re­bels to bring them to Justice according to the Laws of the Land. It were also to be desired, that to prevent the great disho­nour of making additional and explanato­ry Acts of Parliament, so frequently as hath of late been done, all considerable [Page 69] Bills of Publick concernment, once read in either House of Parliament, may (be­fore they be passed) be exposed to the view of all comers (as antiently among the Ro­mans was usual) to the end that any other person (besides those of the two Houses) may within the space of certain days freely propose in Writing or otherwise, his ex­ceptions, additions, alterations, or amend­ments, Sed haec obiter.

When those things for which the Parlia­ment was summoned have been sufficiently treated and brought to a conclusion, then the King doth usually adjourn, prorogue or dissolve the Parliament in maner follow­ing.

The adjournments are usually made in the Lords House, by the Lord Keeper, in the Kings Name, to what other day the King pleaseth, and also to what other place if he think fit to remove them, as some­times hath been done, and then all things already debated and read in one or both Houses, continue to the next meeting in the same state, they were in before the adjournment, and so may be resumed.

In the like maner, the Parliament is Pro­rogued, but by a Prorogation there is a Session, and then the Bills that were al­most ready in both Houses for the Royal Assent, not having it, must at the reas­sembling of the Parliament begin anew.

The Speaker of the House of Commons upon notice given that it is the Kings plea­sure that House shall also adjourn, doth [Page 70] say, with the assent of the House, This House is adjourned.

When the Kings pleasure is to prorogue or dissolve the Parliament, His Majesty commonly cometh in person with His Crown on his Head, sendeth for all the House of Commons, to come to the Bar of the Lords House: and after the Kings answer to each Bill signified as aforementi­oned, His Majesty usually makes a Solemn Speech, the Lord Keeper another, and the Speaker of the House of Commons a third, then the Lord Keeper by the special com­mand of the King doth pronounce the Parliament prorogued or dissolved.

Note, That the King being head of the Parliament, if his death doth happen du­ring the sitting of the Parliament, it is, ipso facto dissolved.

Antiently, after every Session of Parlia­ment the King commanded every Sheriff to proclaim the several Acts, and to cause them to be duly observed, yet with­out that Proclamation, the Law intended that every one hath notice by his repre­sentative of what is transacted in Parlia­ment: of later times since Printing became common, that Custom hath been laid aside.

The Number of Persons that have have Place and Suffrage in both Houses.

To the Lords House belong 3 Dukes of the Royal Blood, though one be infra aetatem. 7 other Dukes. 3 Marquises. 56 Earls. 9 Vicounts, and 67 Barons, in all 154. Then there are two Archbishops, and 24 Bishops; so that the Total is 180. But many being under age, some sick and infirm, others abroad in the Kings Service, the ordinary number is about 100.

To the House of Commons belong first for the 40 Shires of England two for each, in all 80 Knights; then one for each of the twelve Counties of Wales, 12 Knights. For 25 Cities in England, two to each, and London four, in all 52 Citizens. For the Cinque Ports 16 Barons, for the two Universities two Burgesses for each: For 168 Burroughs there are about 330 Burges­ses, for some few of those Burroughs send but one Burgess apiece, Lastly in each of the 12 Counties of Wales, there is one Burrough that sends only one Burgess; so the total Number of the House of Com­mons, is a little above 500 persons, where­of commonly near 200 are absent upon bu­siness or sickness; &c.

Note, that the Barons of the Cinque Ports, are at this day onely as other Bur­gesses [Page 72] in Parliament, but are still called Barons, after the antient manner, be­cause heretofore they got great renown by their exploits at Sea in defending the Kingdom, in memory whereof, they have yet the Priviledge to send Burgesses to bear the Cloth of State over the Kings Head on the day of his Coronation, and to dine that day in the Kings Presence.

Of the Executive Power in Tem­poral Matters.

A Brief account of the Legislative power in Temporall affairs, having been given, next may be considered the Executive power in those affairs, and that is generally in the King, he is the Foun­tain of Justice; he is the Fountain of Ju­stice; he is the Lord Chief Justice of England; and therefore as all the Laws of England are called the Kings Laws, because he is Caput, Principium, & Finis Parliamenti, by which the Laws are made, and that nothing can have the Force of a Law, but what he wills; so all the Courts of Judicature are called the Kings Courts, and all the Judges of those Courts are cal­led the Kings Judges.

The highest Court of Judicature in Eng­land is the House of Lords in Parliament; so that the Parliament is not only Conci­lium, but Curia, a Court of Judicature, consisting as aforementioned, of all the Lords Spiritual and Temporal, as Judges; and these assisted with the most grave and eminent Lawyers of England both in Com­mon and Civil Law.

To the Judicature of this Supreme and most Honourable Court, all other Courts and Persons that are Subjects of England, are Subject and accountable for all Crimes [Page 107] not properly tryable, remediable, or pu­nishable in other inferiour Courts of Jus­tice; and to this Court all last Appeals are to be made, and from whose Sentence there lies no appeal, but to a succeeding Parlia­ment; and this supreme Judicatory or Ju­dicial Power lyes only in the King and House of Lords; and at the Bar of this High Court may the House of Commons, as the Grand Inquest of the Nation, im­peach the highest Subject of England, whe­ther of the Clergy, or of the Laity, and prosecute them till it come to a Sentence, after which there can be no farther procee­ding, till the King informed of the whole matter, gives His Royal Assent for the Exe­cution of the said Sentence, or grant His gracious Pardon.

In the late Long Parliament, the House of Commons pretended to be also a Court of Judicature, and at length usurped a most exorbitant power to the total ruine of Monarchical Government, and it is worth observing by what Gradations they arrived thereto. In the time of Queen Elizabeth, and not before, the Commons began to take upon them (as saith Mr. Pryn, a learned Member of that House) to seclude one another for undue Elections; whereas formerly the King and Lords were accounted the sole Judges of all Members of the Commons House, and to have the sole power to judge of their undue Elections, Returns, Misdemeanors, Breaches of Privileges, and of all other [Page 108] matters concerning their Membership; al­so for freeing any Member from Arrest or Imprisonments, did wholely and solely be­long to the Lords, and not to the Com­mons, unless it were by special order re­ferred by the Lords to the House of Com­mons, as heretofore sometimes hath been done.

In the time of King Charles the Martyr the Commons went farther, took upon them ut­terly to expel out of their House some of their fellow Members, as Projectors and Monopolizers, although they had been duly elected: After this in the same Kings time, they expelled all such as adhered in Loyalty to the King; next they secluded and imprisoned all such as the Officers of the late rebellious Army impeached, or disliked; then by the help of that Army, 50 or 60 of the Members of that House expelled all the rest of their fellows, and soon after, voted down the King and whole House of Lords, and voted themselves to be the Parliament; to be the sole Legisla­tors and the Supreme Authority of Eng­land; into such a prodigious height of folly and impiety do men run, when they, once allow themselves to pass their, due li­mits.

Of the Court of Justice called the Kings-Bench.

FOr the Execution of Laws, after the House of Lords in Parliament, the highest Court in England is the Kings Bench so called, because anciently the King sometimes there sate in person on a high Bench, and his Judges on a low Bench at his Feet, to whom the Judicature be­longs in the absence of the King.

In this Court are handled the Pleas of the Crown, all things that concern loss of life, or member of any Subject; for then the King is concerned, because the Life and Limbs of the Subject belong only to the King, so that the Pleas here are between the King and the Subject. Here are also handled all Treasons, Felonies, Breach of Peace, Oppression, Misgovernment, &c. This Court moreover hath power to exa­mine and correct all Errors in facto & in ju­re of all the Judges and Justices of Eng­land in their Judgements and Proceedings, and this not only in Pleas of the Crown, but in all Pleas Real, Personal, and mixt, except only in the Exchequer.

In this High Court sit commonly Four Grave Reverend Judges, whereof the First is stiled the Lord Chief Justice of the Kings Bench, and is created not by Patent, but [Page 110] by a short Writ, thus, Johanni Keeling Mi­liti salutem. Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda, durante beneplacito nostro. Teste me ipso apud Westm.

The rest of the Judges of the Kings Bench hold their places by Letters Patents in these words, Rex omnibus ad quos prae­sentes literae pervenirint salutem. Sciatis quod constituimus dilectum & fidelem Ri­chardum Rainsford Militem, unum Justi­ciariorum ad placita coram nobis tenenda, durante beneplacito nostro. Teste, &c.

These Judges and all the Officers be­longing to this Court have all Salaries from the King, and the chief of them have Robes and Liveries out of the great Ward­robe.

In this Court all young Lawyers that have been called to the Bar are allowed to plead and practice.

This Court may grant Prohibitions to keep other Courts, both Ecclesiastical and Temporal within their Bounds and due Ju­risdiction.

The Jurisdiction of this Court is general, and extendeth to all England, is more un­controulable than any other Court; for the Law presumes that the King is alwayes there in person.

None may be Judge in this Court, un­less he be a Serjeant of the Degree of the Coif, that is a Serjeant at Law, who up­on taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after.

Of the Court of Common Pleas.

THe next Court for execution of Laws is the Court of Common-Pleas, so called, because there are debated the usual Pleas between Subject and Subject. Some say this Court as well as other Courts, were at first held in the Kings House wheresoever he resided; but by the Sta­tute of Magna Charta it was ordained, that this Court should not be ambulatory, but be held at a certain place, and that hath ever since been in Westminster-Hall.

None but Serjeants at Law may plead in this Court, and so many of them as the King shall appoint, are bound by oath to assist all that have any Cause depending in that Court.

[Page 116]This Court may grant prohibitions, as the Court of the Kings Bench doth.

The chief Judge in this Court is cal­led the Lord Chief Justice of the Com­mon-Pleas, or of the Common-Bench; holdeth his place by Letters Patent duran­te bene placite, and so do the other infe­riour Judges of this Court whereof there are commonly three.

In this Court all Civil Causes Real and Personal are usually tryed according to the strict Rule of the Law.

Real Actions are pleadable in no other Court, nor Fines levyed, or Recoveries suffered but only in this Court at West­minster.

The King allows to the Lord Chief Jus­tice of this Court a Fee, Reward, Robes, and two Tun of Wine, [...]s is done to the Lord Chief Justice of the other Bench; also to the other Judges of this Court, and to four Serjeants, is allowed Fees, Reward, and Robes to each one.

In the 11th and 12th of Edward 3. there were eight Judges belonging to the Com­mon Pleas, at other times seven, six, and five; and so in the time of Henry 6. and Edward 4. but since usually but four, as at this day.

Before the Reign of Queen Mary, these, and the rest or the twelve Judges rode up­on Mules, and not upon Horses, as they now do, in great State a [...] the beginning of the Term.

A List of the several Officers be­longing to His Majesties Court of Common-pleas.

LOrd Chief Justice Sir John Vaughan, Kt. Sir Thomas Tyrrel, Kt. Sir John Archer, Kt. Sir William Wylde, Kt. and Bar. these are the present Judges of that Tribunal.

Then there is an Officer called Custos Brevium, the first Clerk of the Court, whose Office it is to receive and keep all Writs returnable in that Court, to re­ceive of the Protonotaries, all the Records of Nisi Prius called Postea's. He holdeth his Place by Patent from the King, and hath the Gift of the second Protonotary's Place, and of the Clerk of the Juries· Sir Joseph Ash hath this Office, and doth ex­ecute it by his Deputy Thursby Esquire.

There are three Protonotaries, a word compounded of Greek and Latin (which with the Antients was usual) and signifies the first Notaries: they are chief Clerks of this Court, and by their Office are to enter and inroll all Declarations; Plead­ings, which the Filazers did formerly pro­miscuously do, Assises, Judgments, and Actions, to make out Judicial Writs, &c. These considerable Offices are in the hands of Thomas Robinson, Alan Lockhart, and Humphrey Wirley Esquires. The Chiro­grapher (also from two Greek words signi­fying to acknowledge a Debt by setting [Page 115] ones hand) is an Officer who ingrosseth Fines acknowledged, &c. He holdeth his Place also by Patent, and is at present Mr. Sparks in trust for Sir William Drake, who doth execute it by a Deputy Mr. Wayt.

All these Officers aforementioned sit in the Court covered with black round knit Caps, according to the mode immediately before the invention of Hats, which was since the beginning of the Reign of Queen Elizabeth. Moreover they are all sworn, and have their Offices for life as a Freehold.

There are in this Court 3 Officers un­sworn, and hold their Places durante be­ne placito; One Clerk of the Treasury, Mr. George Ingram, who hath the charge of keeping the Records of this Court, and makes out all Records of Nisi Prius, and divers other things. This Office is in the Gift of the Lord Chief Justice. 2. Clerk of the Inrolements of Fines and Recoveries, who is by Statute under the three puisne Judges of this Court, and removeable at their pleasure. Note that the Inrole­ment of Fines and Recoveries, or any part thereof by Stat 23 Eliz. cap. 3. is of as good force and validity in Law to all intents and purposes, for so much of any of them so in­rolled, as the same being extant and remai­ning, were or ought by Law to be: The general neglect whereof in this Kingdom hath occasioned many Law Suits, and hath proved in process of time exceeding dan­gerous to many mens Estates. 3. The [Page 114] Clerk of the Outlawries, Mr. Annuel, who makes out the Writs of Capias Utla­gatum, after the Outlawry in the name of the Kings Atturney, whose Deputy he is pro tempore.

There are five Clerks more, 1. Clerk of the Kings Silver, Henry Nurse Esquire, unto whom every Fine or Final Agree­ment in sale of Lands is brought, after it hath been with the Custos Brevium, and to whom Money is paid for the Kings use. 2. Clerk of the Warrants, Mr· Thomas Brown, executed by a Deputy Mr. James Mayo, who entreth all Warrants of At­turney for Plaintiff and Defendant. 3. Clerk of the Juries, Mr. John Green, who makes out the Writs called Habeas Cor­pora and Distringas for appearance of the Jury either in this Court, or at the Assi­ses in the Country. 4. Clerk of the Es­soins or Excuses for lawful cause of ab­sence, Mr. Townley. 5. Clerk of the Super sedeas, Mr. Abbot, which is held by Pa­tent, but before King James time made by the Exchequer.

In this Court are also Filazers for the several Counties of England, so called from the French Fil, a Thred, because they file their Writs. These make out all Process upon Original Writs, and do ma­ny other things too long to be here set down, of these there are 14. viz. Fabian Philips Esquire, who hath London, Middlesex, Huntington, and Cambridge Shires. The rest of the Counties are divided amongst [Page 117] these that follow, Sir Roger Hill, Henry Dutton, Spicer, Grey, Fr. Hill, Robert Child, Charles Clare, Sir Thomas Strin­ger, Thomas Child, Bennet, Mark Hil­desley, Herbert, Matthews, and Hughes, who is Protonatory Filazer, and Exigen­ter of Monmouth by Patent, the rest in the Gift of the Lord Chief Justice, and hold for life.

There are also four Exigenters, whose Of­fice it is to make all Exigents and Procla­mations in all Actions where process of Outlawry doth lye. This Writ is called an Exigent, because it exacteth the Party, that is, requireth his appearance to an­swer the Law, and lies, against a Trans­gressor of the Law that cannot be found, nor any of his Goods within the County; so that after summons by the Sheriff at five several County Courts, if he appear not, he is outlawed. The four Exigenters at present are, William Petty, John Dawling, Charles Clare, and Silvester Petty all in the Gift of the Lord Chief Justice, and are for life.

There are also belonging to this Court four Cryers and a Porter.

Of the Court called the Exche­quer.

THe next Court for Execution of Laws is that called the Exchequer, so cal­led as some think, from a Chequer-wrought Carpet, covering the great Table in that Court, as the Court of Green Cloth in the Kings house is so called from the Green Carpet, or else from the French word Es­chequier a Chess board, because the Ac­comptants in that Office were wont to use such Boards in their Calculation. Here are tryed all causes which belong to the Kings Treasury or Revenue, as touching Accounts, Disbursements, Customs, and all Fines imposed upon any man. In this Court may sit the Lord Treasurer, the Chancellor of the Exchequer, the Lord Chief Baron, and four other Learned Judges called Barons of the Exchequer, and one other Cursitor Baron, but the two first seldom sit, and the five last Sel­dom fail. The first of these five is the Principal Judge of this Court, and an­swers the Bar or the Baristers, who direct their Speech to him, takes Recognizances for the Kings Debts, &c. It is an Office of High Honour and Profit, he is styled Lord Chief Baron, is Created by Letters Patents to hold this Dignity, Quam dieu [Page 191] bene se gesserit, wherein he hath a more fixed estate then the Chief Justices of ei­ther Bench, for the Law intends this an Estate for Life; in the absence of the Lord Chief Baron, the other three Barons sup­ply his place, according to their Senio­rity, but the fifth is said to be a Cursitor of the Court, and administers the Oaths to the Sheriffs, Under-Sheriffs, Baylifs, Searchers, Surveyors, &c. of the Custom-house

In the Exchequer are held two Courts, one of Law, another of Equity.

All Judicial Proceedings according to Law are coram Baronibus; but the Court of Equity held in the Exchequer Chamber is coram Thesaurario, Cancellario, & Baro­nibus. This Court had its beginning pri­mo Ph. & Mar.

The Authority of this Court is of ori­ginal jurisdiction without any Commissi­on.

Note also, that all the other forementio­ned Courts were not Instituted by any Statute or written Law, but have their Original from the antient Custom of the Kingdom.

For a long time after the Conquest, there sat in the Exchequer, both Spiritual and Temporal Barons of the Realm, and in later times there sate in their places others that were not Peers of the Realm, yet stiled Barons quia ibi sedere solebant Barones.

All the Twelve Judges belonging to these [Page 120] High Tribunals sit in Robes and Square Caps, like those Doctors of Divinity, be­cause (as some say) they were antiently most commonly Clergy-men and Doctors, Bi­shops, or Prelates.

A List of the several Officers be­longing to His Majesties Court of Exchequer.
In the Ʋpper Exchequer.

THe Kings Remembrancer Thomas Lord Vicount Fanshaw, in whose Office are 8 sworn Clerks, whereof John Payn and Thomas Hall Esquires, at present are the two Secondaries; the rest are An­sel Beaumont, Hugh Frankland, Butler Buggin, George Wats, Nicholas San­ders, &c.

In this Office pass all the Accounts concerning the Kings Revenue, for Cust­oms, Excise, Hearth-money, Subsidies, and all Ayds granted to the King in Parlia­ment, and all other Accounts of what nature soever concerning the Kings Reve­nue either certain or casual. All Securi­ties either by Bond or Recognizances to the Kings Majesty for any of his Debts are taken here. All Proceedings upon any Statute by Information for Custom Exci­ses, or any other penal Law. All procee­dings [Page 121] upon the said Bonds or Recognizan­ces, or any other Bonds taken in the Kings name, by Officers appointed there­unto under the Great Seal of England, and transmitted into this Office for recove­ry thereof. From hence issue forth Process to cause all Accountants to come in and account. In the Court of Exchequer there being a Court of Equity, all proceedings touching the same are in this Office, with many other things concerning the Kings Revenue. This Office is in the Kings Gift.

Next is the Lord Treasurers Remem­brancer, John Osburn Esquire, whose Office is to make Process against all She­riffs, Receivers, Bailiffs, &c, for their Ac­counts, and many other things of moment, as Estreat-Rules, all Charters and Letters Patents, whereupon any Rents are reserved to the King. In this Office there were here­tofore twelve sworn Clerks, whereof the two first were called Secondaries; but since the Tenures were taken away, the said Office is declined, and the number of Clerks diminished. This Office also is in the Kings Gift.

Clerk of the Pipe is Sir Robert Crook Knight, who hath all the Accounts and Debts due to the King, drawn down out of the Remembrancers Office, and chargeth them down in the Great Roll or Pipe, and therefore probably was it called the Pipe Office. He hath under him eight sworn Clerks, William Burnet Esquire, chief Secondary, Nicholas Highmore, Wil. Sat­terthwayte, [Page 122] Burnet Junior, Caryl, &c. Here also Accountants have their Quietus est, and here are made Leases of extended Lands.

Comptroller of the Pipe, Brewster Es­quire, who writeth out Summons twice e­very year to the High Sheriffs, to levy the Farms and Debts of the Pipe: he also keepeth a controlment of the Pipe, that is, keepeth a Roll of the Pipe Office Ac­counts, whereby to discover any thing that shall be amiss.

Clerk of the Pleas is Richard Beres­ford Esquire, in whose Office all the Offi­cers of the Exchequer and other Privi­ledged persons, as Debtors to the King, &c. are to have their Priviledge to plead and be impleaded, as to all matters at the Common Law. And the proceedings are accordingly by Declarations, Pleas and Tryals as at the Common Law, because they should not be drawn out of their own Court, where their attendance is re­quired.

Forrein Opposer is Charles Whittaker, Esquire, whose Office is, whereunto all Sheriffs repair, to be by him opposed of their Green Wax, and from thence is drawn down a Charge upon the Sheriff, to the Clerk of the Pipe, this Office is kept in Greys-Inn.

Clerk of the Estreats, Williams, Esquire, whose Office is to receive every Term, the Estreats or Extracts out of the Office of the Remembrancer of the Lord [Page 123] Treasurer; and to write them out, to be levied for the King also, to make Schedules for such Summs, as are to be discharg­ed.

Auditors of the Imprest, Bartholemew Beal, and Robert Wylde Esquires who au­dit the great accounts of the Kings Cus­toms, Wardrobe, Mint, First Fruits, and Tenths, Naval and Military Expences, Moneys imprested, &c.

Auditors of the Revenue there are se­ven: Sir Edmond Sawyer, Kt. John Phi­lips Esq Sir Joseph Seymour, Kt. Aldworth, Parsons, Morice, Esquires, and Sir Willi­am Godolphin, Kt. These audi [...] all the ac­counts of the Kings other Revenue, that ariseth by Aydes granted in Parliament.

Remembrancer of First Fruits and Tenths, James Roger Esq whose Deputyes George Farrington, and William Prettyman, take all Compositions for First Fruits and Tenths, and make process against such as pay not the same, this Office is kept in Hatton Garden.

There are also two other considerable Officers, called Deputy Chamberlains, Mr. Vines and Mr Lawrence, in whose Office at Westminster are preserved all the Counterfoyles of the Talleys, (whereof more anon) so exactly ranged by Months and years, that they may presently be found out, to be joyned with their res­pective Stock or Tally when thereunto re­quired, which being done and proving true, they deliver the same, attested for a law­ful [Page 124] Tally; to the Clerk of the Pipe, for to be allowed in the Great Roll, but in case any corruption hath been used, the same is easily and soon discovered, and the Offender severely punished by Fine and imprisonment.

There are also divers other Officers, as Clerk of the Parcels, Clerk of the Ni­chils, Marshals, Usher of the Exchequer, whose Office is executed by a Deputy, also 4 under Ushers.

Of the other part of the Exche­quer, called by some the Low­er Exchequer, where the Kings Revenue is received and dis­bursed, with admirable Order and Frugality.

THe Principal Officer is the Lord Treasurer, of whom see the First Part of the Pres. State of England.

Since the Death of the Earl of South­ampton, 1667. This great Office hath been in the hands of five Commissioners:

Now there are but three Commissioners, the Lord Ashley, Sir Thomas Clifford, and Sir John Duncomb, who execute the same at Whitehall. They have each one a con­siderable [Page 125] Salary from the King. There is one Secretary, Sir George Downing, Knight and Baronet.

Next is the Chancellour of the Exche­quer, who is also an Officer of great Account and Authority, he hath a princi­pal power, not onely in the Exchequer Court, but also here in the managing and disposing of the Kings Revenue: he hath also the Custody of the Exchequer Seal. This Office is injoyed by the forementioned Lord Ashley.

Then there are two Chamberlaines of the Exchequer, Sir Nicholas Steward, and Mr. Hyldiard, in whose Custody are all Antient Records, Leagues and Treaties with forreign Princes, the Standards of Moneys, Weights and Measures, those an­tient famous Books, called Doomes-day, and the Black book of the Exchequer, whereof the former is Liber Censualis totius Angliae, the Tax Book of England, made by William the Conqueror, wherein is de­scribed all the Lands of England, with the true value, and their Owners name, it was six years in making, viz. from the 14th to the 20th year of that King, and called at first Rotulus Wintoniae, but since named Doomes-day Book, because therein was set down an exact Account, not one­ly of all the Cities, Towns, and Villa­ges of England, but the number of Fami­lies of Men, Souldiers, Husbandmen, Bond­men, Servants, Cattle; how much mony, what Rent, how much Meadow, Pasture, [Page 126] Woods, Tillage, Common, Marsh, Heath, every one possessed: and when any one cited, or any difference arose about those things or Taxes, &c. there was no place for denying or deceiving the King (whereof many men ever made little Con­science, though all good Christians ever counted it a grievous and hainous sin) when this Book was opened, like as it will be at the opening of the Book at the great day of doom, or general Judgment of the World. This Book is kept under three Locks and Keys, not to be lookt into under 6s. 8d. and for every line transcribed is to be paid 4d.

Next is the Auditor of the Receipts, Sir Robert Long, whose Office is to file the Bills of the Tellers, whereby they charge themselves with all moneys received, and to draw all Orders to be signed by the Commissioners of the Treasury, for issu­ing forth all moneys by vertue of Privy Seals, which are recorded and lodged in his Office. He also makes debentures to the several Persons, who have Fees, An­nuities, or Pensions by Letters Patents from the King out of the Exchequer, and di­rects them for payment to the Tellers. He receives every week the state of the ac­count of each Teller, and also weekly certifies the whole to the Commissioners of the Treasury, who immediately present the estimate or Ballance to the King. He takes the Tellers Accounts in gross at Easter and Michaelmas. By him are kept the se­veral [Page 127] Registers appointed for paying all persons in course upon several Branches of the Kings Revenue. He is Scriptor Talio­rum hath five Clerks to manage the whose estate of Moneys received, disbursed, and remaining.

Next there are four Tellers, Laurence Squib, John Loving Esquires, Sir George Downing aforementioned, and Sir Willi­am Doily Kt. Their Office is to receive all moneys due to the King; and thereupon to throw down a Bill through a Pipe into the Tally Court, where it is received by the Auditors Clerk, who there attends to write the words of the said Bill upon a Tally, and then deliver the same to be en­tred by the Clerk of the Pells, or his un­der Clerk, who there attends to enter it in his Book: then the Tally is cloven by the two Deputy Chamberlains, who have their Seals, and while the Senior Deputy reads one part, the Junior examines the other part with the other two Clerks.

Clerk of the Pells is William Wardour Esquire, whose Office is to enter every Tellers Bill into a Parchment skin, (in La­tin Pellis, whence this Office hath its name,) all receipts and payments for the King, for what cause, or by whom soever, and is in nature of a Comtroller, hath four Clerks, whereof one is for the Intro­itus, and another for the Exitus. More­over he is to make weekly, and half year­ly Books, both of the Receipts and Pay­ments, which are delivered to the Com­missioners of the Treasury.

[Page 128]In the Tally Court sit the Deputies of the two Chamberlains Edward Faulcon­bridge and John Low Esquires, who cleave the Tallies, and examine each piece a part.

A Tally in the Exchequer from the French Verb Tailler, to cut, is a very an­tient and most certain way of avoiding all cozenage in the Kings Revenue; the like no where else in Christendom, and is after this manner.

He that payes the King any moneys, re­ceives for his Acquittance a Tally, that is, the one half of a stick cloven with certain proportionable Notches thereon, expres­sive of the sum from the said Deputy Cham­berlains, who keep the other cloven part of the stick called the Foyl, and deliver it to the Tally-Joyners on the other side of the Exchequer, who are also Deputies to the Chamberlains, and they joyn it with the Foyl, which agreeing, they give it their Test, and send it by an Officer of their own to the Pipe where their Quietus est is engrossed in Parchment.

Other Officers in the Exchequer are the two Ushers, Robert and Philip Pack­er Esquires, whose Office is to take care to secure the Exchequer by day and by night, and all the Avenues leading to the fame, and to furnish all necessaries, as Books, Paper, &c.

[Page 129]There is also a Tally Cutter, and four Messengers.

By long continuance, and the wisest contrivances that the ablest men of many ages could invent, the Exchequer of the King of England is become the best, orde­red publick Revenue in the world.

Though the number of Officers in the Exchequer is far greater than in any other of the Kings Courts, yet not near so great as the Financiers and other Officers be­longing to the Revenues of the French King, who are so many, that their Fees eat up three parts in four of the whole Re­venue: whereas for rewarding all the Of­ficers in the English Exchequer, whereof most are ever persons of Estates, Parts, and great Integrity, it costs the King a very in­considerable sum of money, as will easily appear to any one who shall consider that in case of a gift from the King of Moneys or Pension out o [...] his Exchequer, he that receives it pays but 5 l. per cent. amongst the Tellers, Auditors, Clerk of the Pells, and their Clerks, and to all other Officers whatsoever; and which is remarkable, there goes not amongst the said Officers and Clerks so much as 5 s. per cent. out of publick Payments, as for the Navy, Ord­nance, Wardrobe, Mint, to the Cofferer. Treasurer of the Chamber, &c.

In case of Moneys paid in by any of the Kings Tenants, Receivers, it costs them sometimes but six pence, and at most but 3 s. for every payment under a thousand [Page 130] pounds; and that goes only to the Clerks for their pains in writing and attending.

The bringing in of all moneys to the King costs his Majesty amongst Receivers, Collectors, and all others in the Country not above 2 s. in the pound; and at his Exchequer it costs him in a manner nothing at all; for the Tellers, who are bound to the King in 20000 l. security, for the true discharge of their great trusts, have under 33 l. per an. for their Salary from the King, and the two Clerks of each Teller, who constantly attend their Offices, have no­thing at all from the King.

The Court of the Dutchy of Lan­caster.

THere is another Court at Westminster, called the Court of the Dutchy of Lancaster, which takes Cognizance of all Causes that any way concern the Revenue belonging to that Dutchy, which hath been long since annext to the Crown.

The chief Judge of this Court is the Chancellor of the Dutchy, who is assist­ed by the Atturney of the Dutchy. There are divers other Officers of this Court, a list of whose Names here follow.

Sir Thomas Ingram, Chancellor, and one of His Majesties most honourable Privy Council. Sir John Heath, Attur­ney [Page 131] Genera. Sir John Curzon, Receive [...] General: Sir Thomas Trevor, Knight of the Bath, and John Fanshaw Esq Auditors. Sir Gilbert Gerard, Clerk of the Dutchy; Thomas Desborough, Messenger: This Court is kept at Westminster by the Lower Exchequer, and the Office of Sir Gilbert Gerard at Grays Inn.

Of the High Court of Chance­ry

NExt to the Kings Bench in Westminster-Hall, is wisely placed this High Court, to mitigate the Rigour of that; it is called Curia Cancellariae, as some judge, because as some think, the Judge of this Court sate antiently intra Cancel­los or Lattices, as the East end of our Churches being seperated per cancellos from the body of the Church, as peculi­arly belonging to the Priest, were thence called Chancels.

This Court is the Officina Justiciae, the Womb of all our Fundamental Laws, the Fountain of all our proceedings in Law, the Original of all other Courts. It is as antient as the Civility of the Nation, though perhaps by another name.

This Court proceeds either ordinarily, according to the Laws, Statutes, and Cus­tomes [Page 132] of the Nation, and in Latin, gran­ting out Writs, mandatory, and remedial; Writs of Grace, or else according to Equi­ty and Conscience, and by English Bill, so that the Chancery hath two Courts in one, the equitable part, is by Bills, An­swers and Decrees to examine Frauds, Com­binations, Trusts, secret uses, &c. to mo­derate the Rigour of the Laws, and res­cue men out of the hands of their Oppres­sors. To relieve a man, especially in three things, viz. against Cheats, unfor­tunate accidents and breaches of Trust.

Out of this Court issue out Writs or Summons for Parliaments, Edicts, Procla­mations, Charters, Protections, safe Con­ducts, Writs of Moderata Misericordia, when any person hath been amerced too high, and for a reasonable part of Goods for Widdows and Orphans, Patents for She­riffs, Writs of Certiorari to remove Re­cords, and false Judgements in inferiour Courts, Writs of Audita Querela, and Scire facias, here are sealed and inrolled; Letters Patent, Treaties and Leagues with forreign Princes, Deeds betwixt Par­ty and Party touching their Lands, and Es­tates or Purchasers taking recognizances and making of Extents upon Statutes and Recognizances for payment of Moneys, or securing of Contracts. Writs Reme­dial or Magisterial, Commissions of Ap­peal, Oyer and Terminer, &c. The Court of Common Pleas, which are be­twixt Subject and Subject, hath its Origi­nal [Page 133] and Commissions from the Chancery, and cannot hold Pleas without it.

For the Latin part of this Court, are the 24 Cursitors; and for the English part, are the six Clerks.

The Court of Equity that proceeds not according to Law, is no Court of Record, and therefore binds onely the person, not his Lands or Goods.

The Judge of this Court is the Lord Chancellor, or Lord Keeper of the Great Seal of England. He is here the sole Judge, whereas in other Courts there are three or four Judges, but he may and doth often in cases of greater weight and diffi­culty, in cases of Law, call some of the other Judges to his assistance, and therefore it is said, this Office may be discharged by one that is no professed Lawyer, as it was almost always antiently, and so of la­ter times by Sir Christopher Hatton, and after by Doctor Williams Bishop of Lin­coln, to their great praise and commenda­tion.

It is the highest Dignity in England that a Lay-man is capable of, it is Summum am­bientis animi quasi Solstitium, and the Chancellor is Magistratuum omnium Antis­tes.

Antiently, the Lord Chancellor had sometimes his Vicechancellor, commonly called Keeper of the Great Seal, but of later times they differ onely in name.

In France, he that is made Chancellour is durante vita, his place cannot be taken [Page 134] away, although the Seales may. It is said there, that he is so to attend to the sole In­terest of the King and People, that he must not be sensible of any Relations or other consideration, and therefore he may not put himself in mourning, neither for his own Father, nor for the King him­self.

Chancellours have been in England, as the learned Dugdale finds, as soon as Chris­tianity was embraced by the Saxons.

The Chancellor is said to be keeper of the Kings Conscience, to judge secundum aequum & bonum, according to equity and conscience, he is to moderate the [...] the exact rigour and letter of the Law, whereunto other Judges are strictly tyed: for the Princes of this Realm, in imitation of the King of Kings, governing the World by justice and mercy, have erected two supreme Tribunals, together at the upper end of Westminster-Hall, one of Justice, wherein nothing but the strict Letter of the Law is observed, and the other of Mercy, wherein the Rigour of the Law is tempered with the sweetness of Equity, which is nothing else but Mercy qualifying the sharpness of Justice.

This Court being a Court of Consci­ence, the less it is perplexed with the quirks of Lawyers, the more it is guided by Con­science and Equity, and therefore the Kings of England would have this Court superiour to the other Tribunals, that so if any thing was done amiss by those follow­ing [Page 135] the Rigour of the Law, here good by Conscience and Equity, it might be a­mended; wherein they followed the no­ble Pattern of the Great Constantine, qui omnes suas leges imperfectas esse voluit ut inde subditi sui appellarent ad Episcopos, and therefore in all former times, the Judges of this Court were chosen out of the Clergy, able Divines, who by their skil in the Law of God, and of Nations, were best able to judge according to Mo­deration and Equity, and most willing to execute accordingly: also fittest to dispose of the Kings spiritual Benefices.

Besides when this High Office was given to Bishops and Clergy men, in whom wealth and a publick Spirit being usually conjoyned, what great publick Acts of Pi­ety and Charity, were done by them for this Nation? to mention onely in Oxford, What noble and rich foundations are Christ-church, Magdalens, New Colledge, and Merton Colledge? all founded by Bishops that were Chancellors; and on the contra­ry, since the places of Chancellor, Trea­surer, Privy Seal, &c. have been usually in the Hands of Lay-men, what one great work hath been done for the Publick, but onely wealth heaped up for their own private Families.

The manner of Proceeding in this Court, is much like that in the Courts of the Ci­vil Law, the Actions by Bill or Plaint, the Witnesses examined in private, the De­crees in Engli [...]h or Latin, not in French▪ [Page 136] No Jury of twelve men, but all Senten­ces given by the Judge of the Court.

The Chancellor or Lord Keeper hath twelve assistants, antiently called Clerici, or Magistri Cancellariae, because they were usually in Holy Orders, and all Doctors of Laws, for Master and Doctor was an­tiently the same, as at this day, a Doctor in the Arts, is called Magister in Arti­bus.

The first of these is called Master of the Rolls, a place of great dignity, and is in the gift of the King, either for life or during His Majesties pleasure; and this Officer hath jure Officii, the gift of those considerable Offices of the six Clerks in Chancery, hath the keeping of the Rolls, hath the House of the converted Jews now called the Rolls, and in the absence of the Chancellor heares Causes and makes Orders by Vertue of a Commission, with two Masters and not jure Officii.

One reason why the Masters of Chan­cery were ever Civilians, may be, because for all cases almost imaginable some Law or case conformable thereunto, may be fetch­ed by a good Civilian out of that Law of Laws, called the Civil Law. Another may be, because the Chancery more an­tient then in any other Court of England (for all Original writs and Comissions, whereupon the other Courts do ground all their proceedings do come from thence) hath probably been taken from the Civil Law, divers points of proceedings not [Page 713] used in Common Law Courts, as the Defendants answering to the Bill, and sometimes to the Interrogatories upon Oath, though to the accusing of a mans self, in divers matters dammageable, and penal; also by the whole manner of pub­lication, the depositions of Witnesses, by the examining of witnesses upon Interro­gatories, and in perpetuam rei memoriam, by the term and use of final Decree, and many other points differing from the Com­mon Law, and wholly agreeing with the Civil Law.

This Court is alwayes open, when all the others are shut, but onely in Term time; so that if a man be wrongfully im­prisoned, in the Vacation time out of Term, the Lord Chancellour may grant his Writ of Habeas Corpus, and do him justice ac­cording to Law; So likewise may this Court grant Prohibitions in time of Va­cation, as well as in Term time.

A List of the several Officers belonging to the High Court of Chancery.

• SIR Orlando Bridgman Knight and Bar­ronet, Lord Keeper of the Great Seal of England, Then the 12 Masters of the Chancery as followeth.
• Sir Harbottle Grimston Baronet, Master of the Rolls.
• Sir William Childe Knight, Doctor of Laws.
• Sir Justinian Lewin Knight, Doctor of Laws.
• Sir Thomas Escourt Knight.
• Sir Mundeford Bramston Knight Doctor of Laws.
• Sir Nathaniel Hobart, Knight.
• Sir William Glascock, Knight.
• Sir John Coel Knight.
• Sir Robert Stewart, Knight.
• Sir Timothy Baldwin, Knight Doctor of Laws.
• Sir Andrew Harket Knight.
• Sir William Beversham.

The House founded at first for the con­verted Jews, was after their expulsson out of England, annext for ever to the Office of Master of the Rolls, where he hath the custody of all Charters, Patents, Com­missions, Deeds, Recognisances, which be­ing [Page 139] made up in Rolls of Parchments gave occasion of the Name.

At present there are kept all the Rolls since the beginning of Henry 7. the rest are kept in the Tower of London.

In his gift are besides the six Clerks Of­fices, the Offices of the Examiners, and three Clerks of the Pettibag.

Next Clerk of the Crown, Henry Bar­ker, Esquire; this Office is of high impor­tance; he is either by himself or Deputy continually to attend the Keeper of the Great Seal for special matters of State, and hath a place in the Higher House of Parlia­ment; he makes all Writs for summoning Parliaments, and upon a Warrant directed to him by the Speaker of the House of Com­mons upon the Death or removal of any Member, he makes a Writ for a new Electi­on.

Protonatary of this Court is Robert Pescod, Esquire; this Office is chiefly to expedite Commissions for Embassies.

It is executed by a Deputy.

Clerk of the Hamper or Hannaper, some­time stiled Warden of the Hannaper. Whose Office is to receive all the Money due to the King for the Seals of Charters, Patents, Commissions and Writs, and to attend the Keeper of the Seal dayly in Term time, and at all times of Sealing, with leather baggs now (but antiently pro­bably with Hampers) wherein are put all sealed Charters, Patents, &c. and then [Page 140] those Baggs delivered to the Comptroller of the Hamper. This Office is now enjoy­ed by Henry Seymer Esquire, and executed by a Deputy.

Warden of the Fleet, or Keeper of the Fleet-Prison, is an Office very conside­rable, and is to take care of the Priso­ners there, who are commonly such as are sent thither from this Court, for con­tempt to the King or his Laws, or such as will not pay their Debts, &c. The present Warden is Sir Jeremy Whitchcote: It is executed by a Deputy.

Serjeant at Armes is Humphrey Ley Esq whose Office is to bear a great gilt Mace before the Lord Keeper, &c.

Six Clerks are Officers of great account next in degree to the twelve Masters in Chancery, whose Office is to inroll Com­missions, Pardons, Patents, Warrants, &c. That are passed the Great Seal. They were antiently Clerici, and afterwards forfeited their places, if they did marry, till by Act of Parliament in the time of Hen. 8. they were allowed to take Wives.

They are also Atturneys for Plaintiffs and Defendants, in causes depending in this Court.

The present six Clerks Sir John Marshal, Matthew Pindar Esq Matthew Bluck Esq Sir Cyril Wyche, John Wilkinson Esq and Edward Abney Esq who sit altogether at their Office in Chancery Lane.

[Page 141]Examiners in Chancery there are two, Sir Robert Peyton, and Sir Nicholas Strode. Their Office is to examine the Witnesses in any suit on both sides on their Oaths.

This Office also is executed at the Rolls.

Clerks of the Petty Bag in Chancery are three, Edmund Warcup Esq John Hob­son Esq and George Low, Esq they are under the master of the Rolls. Their Of­fice is to make all Patents for Customers, Comtrollers, all Conge d' eslires, first sum­mons of Nobility, Clergy, Knights, Ci­tizens, and Burgesses to Parliament, &c.

The Subpena Office is to issue out Writs to call a person into Chancery.

This Office is in the hands of Frances Lady Vane, Sir Walter Vane, and Charles Vane: and executed by a Deputy.

Clerk of the Patents or of Letters Pa­tents under the Great Seal of England, is Sir Richard Pygot, and executed by a De­puty, erected 16 Jac.

The Register of the Court of Chancery, the Farl of St. Albans, under whom are three Deputy Registers for the Court, two Deputy Registers for the Rolls, two entring Clerks and a Keeper of the Books.

Cursiters Office in the Chancery, is to make out Original Writs, they were anti­ently called Clerici de Cursu, of these there are twenty four, whereof each one hath certain Counties and Cities allotted to them, into which they make out such Original Writs as are required. These [Page 142] Clerks are a Corporation within them­themselves, and are all persons of Qua­lity whose names follow.

• JOhn Symonds, Principal.
• William Barker Assistants.
• Benjamin Gladman Assistants.
• Henry Edmonds. Ge. Norbury. Abr. Nelson. Rich· Plumpton. Roger Brown. John Norbury. Richard Cross. Edmund Eyre. Will. Adderley. Abr. Skynner. Jo. Shelbu­ry. Will. Plumpton. Thomas Fisher. Elias Gladman. Roger Twisden. Ben. Storke. John More. William Loe. H. Amhurst. Phi­lip Barecroft. Rich. Parmee, Esquires; who execute these Offices by themselves, or by their Deputies, This Office is kept near Lincolns Inn.
• Clerk of the Presentations of Spiritual Benefices, Edwes Esquire.
• Commissioners, Sir George Courthop, Sir Edm. Turner, Halsal, Esq,
• Alienation Office, N. Crew, Esq,
• Receiver Gen. Joh. Nichols.

All the forementioned Courts of Judi­cature at Westminster, are opened four times the year, called the four Termes, viz. Easter Term, which beginneth al­wayes [Page 143] the seventeenth day after Easter, and lasteth 27 dayes. Trinity Term begins the 5 th day after Trinity Sunday, and las­teth 20 dayes. Michaelmas Term began heretofore a little after that Feast, but now by a late Statute, begins the 23 Octo­ber, and lasteth 37 dayes. Lastly, Hilary Term begins now 10 dayes after St. Hilary Bishop, or the 23 of January, and lasteth 21 dayes; so in all 105 dayes, from whence must be deducted about 20 Sun­dayes and Holydayes, which are as the Dies Nef [...]sti, wherein the Courts sit not: so that in one fourth part of the year, and that in one City, all considerable causes of the greatest part of England are fully decided and determined, whereas in for­reign parts the Courts of Justice are open all the year, except high Holydayes, and Harvest, and that in all great Cities. This may seem therefore strange to all Forreigners till they know that the English have alwayes been given more to peacea­bleness and industry then other people, and that rather then go so far as London, and be at so great Charges with Attour­neyes and Lawyers, they will either refer their differences to the Arbitration of their Parish Priests, who do, or ought to think it a Principal part of their Duty to reconcile differences within their Parishes, or to the Arbitration of honest Neighbours, or else are content to submit their diffe­rences to tryal before the Judges of Assises or the Itinerant Judges, who twice a year, [Page 144] viz. after the end of Hilary Term, and after the end of Trinity Term, two by two of these principal Judges ride seve­ral Circuits; and at the Principal Town of every County, sit to hear and deter­mine all Causes of lesser moment both ci­vil and criminal, a most excellent wise Constitution begun by King Hen. 2. Anno 1176. who at first divided England into six Circuits (not the same that are now) and to each Circuit allotted three judges. Wales also is divided into two Circuits, North and South Wales, for which are de­signed in like manner two Sergeants at Law for each Circuit. These Judges give Judg­ment of the Pleas of the Crown and all Common Pleas within those Counties, dispatching ordinarily in two or three days all Controversies in a County that are grown to issue in the fore-mentioned Courts at London between Plaintiffs and Defen­dants, and that by their Peers: a Jury of 12 men, ex viceneto, out of the neigh­bourhood, where about the business lyes. So that twice a year, in England and Wales, Justice may be said to be rightly and speedily administred even at our own doors.

Besides, the forementioned Courts at Westminster, Henry 8. erected for the more ease of the Subject, a Court in the North of England, another for the Coun­ty of Wales and Counties adjoyning; and intended another for Cornwall and Devonshire; and these in manner of those [Page 145] Courts called in France Parlements, where all cases might be decided both ac­cording to the Laws of England, and ac­cording to equity in Chancery: Of these Courts, that for Cornwal was never fully erected, those people desiring rather to come to London for Justice; that of the North, was by the late long Parliament taken away, and so was that of Wales; but this last since the Restauration of the King again erected. Of this Court or Council of the Marshes of Wales is a Lord President, at present the Lord Vaugh­an, Earl of Carbury, divers Councellors, Secretary, Attourney, Sollicitor, Survey­or, who have Salaries from His Majes­ty.

HAving given a brief Account of the Civil Government of all England in General; next shall be described the particular Government of Counties, Hun­dreds, Cities, Burroughs, and Villages.

For the Civil Government of all Coun­ties, the King makes choice of some of the Nobility, Clergy, Gentry, and Lawyers, men of worth and parts, who have their usual residence in the County, so many as His Majesty pleaseth, to keep the Peace of the County, and these, by Commissi­on under the great Seal, are called Justi­ces of Peace, and such of them in whom the King doth more particularly confide [Page 146] or respect, are called Justices of the Quo­rum, from those words in the Commis­sion, Quorum A. B. unum esse volumus, that is, some business of more importance, may not be transacted without the presence or concurrence of one of them.

One of the principal Justices of Peace and Quorum, is by the Lord Keeper made Custos Rotulorum, so called, because he hath the Custody of the Rolls, or Records of the Sessions, and is to bring them to each Quarter Sessions.

The Original of Justices of Peace is from the first year of Edward 3.

Their Office is to call before them, exa­mine and commit to Prison all Theeves, Murderers, wandring Rogues, those that hold Conspiracies, Conventicles, Riots, and almost all other Delinquences that may occasion the breach of Peace and quiet to the Kings Subjects; to commit all such to prison, as either cannot, or by Law are not, to be bailed (that is, cannot be set at liberty by Sureties, taken for their ap­pearance at a place and time certain) land to see them brought forth in due time to Tryal.

Every Quarter or three months, the Justices meet at the chief or Shire Town, where the Grand Enquest or Jury of the County is summoned to appear, who upon Oath, are to inquire of all Traitors, He­reticks, Theeves, Murderers, Money-coiners, Riots, &c Those that appear to be guilty, are by the said Justices com­mitted [Page 147] to prison, to be tryed at the next Assises, when the Judges of Westminster come their Circuits aforementioned.

For execution of Laws in every Coun­ty except Westmorland and Durham; the King every Michaelmas Term, nominates for each County, a Sheriff, that is a Reeve of the Shire, Praepositus or Praefectus Co­mitatus, a Governor or Guardian of the County, for the words of the Patent are, Commisimus tibi Custodiam Commitatus nostri de N.

The Sheriffs Office is to execute the Kings Mandates, and all Writs directed to him out of the Kings Courts, to empannel Juries, to bring Causes and Criminals to Tryal, to see the sentences both in Civil and Criminal affairs executed; to wait on and guard the Itenerant Judges twice a year, so long as they continue within the County, which at the Assises is perform­ed with great Pomp, Splendor, Feasting, &c, In order to the better execution of his Office, the Sheriff hath attendant his Under-Sheriff divers clerks, Stewards of Courts, Bayliffs of Hundreds, Constables▪ Gaolers, Sergeants or Beedles, besides a gallant train of servants in rich Liveries, all on Horseback at the Reception of the Judges.

He was antiently chosen as Knights of the Shire, but to avoid Tumults it is now thus.

Every year about the beginning of No­vember, the Judges Itinerant nominate [Page 148] six fit men of each County, that is Kts. or Esquires of good Estates, out of these the Lords Keeper, Treasurer▪ Privy Councel­lors, and 12 Judges assembled in the Ex­chequer Chamber and sworn, make choice of three, of which the King himself af­ter chooseth one to be Sheriff, for that year only, though heretofore it was for many years, and sometimes heriditary; as at this day to the Cliffords, who by dissent from Robert de Vipont are Sheriffs heridi­tary of the County of Westmoreland by Charter from King John.

Furthermore the Sheriffs Office is to col­lect all publick profits, Customes, Taxes of the County, all Fines, Distresses and A­merceaments, and to bring them into the Kings Exchequer or Treasury at London, or else where, as the King shall appoint.

The Sheriff of each County hath a double function, first Ministerial to execute all Processes and Precepts of the Courts of Law, and to make returns of the same. Secondly, Judicial, whereby he hath au­thority to hold two several Courts of dis­tinct nature, the one called the Sheriffs Turn, which he holdeth in several places of the County, enquiring of all Criminal Offences against the Common-Law, not prohibited by any Statute: The other cal­led the County Court wherein he hears and determines civil Causes of the County un­der 40 s. which antiently was a considera­ble summe; so that by the great fall of the moneys now, the Sheriffs authority in that part is much diminished.

[Page 149]He is said to be the life of Justice, of the Law and of the County, for no suit be­gins, and no process is served but by him, then no Execution of the Law, but by him; lastly he is the chief Conservator of the Peace in the whole County. Every County being subdivided into Hundreds (so called at first, either for containing an hundred houses or 100 men bound to find Armes) or Wapentakes, so called, from touching a weapon, when they swore Al­legiance (as the manner at this day is in Sweden, at their solemn weddings for the chief witnesses to lay all their hands upon a Lance or Pike) every such Wapentake o [...] Hundred hath commonly a Bayliff, a very antient Officer, but now of small Au­thority: also Officers called High Consta­bles, first ordained by the Statute of Win­chester 13▪ Edw. 1. for conservation of Peace and view of Armour, they disperse Warrants and Orders of the Justices of Peace to each Pety Constable.

There are also in every County two Offi­cers, called Coroners, whose Office is to enquire by a Jury of Neighbours how and by whom any person came by a violent death, and to enter the same upon Record, which is matter Criminal, and a plea of the Crown, and thence they are called Crowners or Coroners.

These are chosen by the Free holders of the County, by vertue of a Writ out of the Chancery. They were antiently men of estates, Birth and Honour; and therefore [Page 150] in the Reign of Edward III. a Merchant be­ing chosen a Coroner was removed, quia communis Mercator fuit, whereas he ought to have been a Gentleman, which have no Trades man is reckoned to be by our Laws.

Every County also hath an Officer cal­led Clerk of the Mercat, whose Office is to keep a Standard of all Weights, and Measures exactly, according with the Kings Standard kept in the Exchequer, and to see that none others be used in the same County, to Seal all Weights, and Measures made exactly by the Standard in his custo­dy and to burn such as are otherwise. He hath a Court, and may keep and hold Plea therein.

Of the Civil Government of Ci­ties.

EVery City of England by their Char­ters or Priviledges granted by several Kings is a little Common-wealth apart, governed not as the Cities of France, by a Nobleman or Gentleman placed there by the King; but wholly by themselves, they choose amongst themselves their own Governor; in Cities a Mayor is cho­sen, commonly out of 12 Aldermen. In some other Co [...]porations; a Bailiff is cho­sen out of a certain number of Burgesses.

[Page 151]They are not taxed, but by their own Officers of their own Corporation, every trade having some of their own alwayes of the Council, to see that nothing be enacted contrary to their profit.

Every City by Charter from the King hath haute moyenne & basse Justice, a ju­risdiction amongst themselves, to judge in all matters criminal and civil, onely with this restraint, that all civil causes may be removed from their Courts to the Higher Courts at Westminster.

The Mayor of the City is the Kings Lieftenant, and with the Alderm [...]n, and Common Council (as it were King, Lords and Commons in Parliament) can make Laws called By-Laws for the Government of the City.

He is for his time (which is but for one year) as it were a Judge to determine mat­ters, and to mitigate the Rigour of the Law.

The next in Government of Cities are two principal Officers called, though im­properly, the Sheriffs, who are Judges in civil causes within this City, and to see all execution done, whether penal or ca­pital, and should rather be called, Stat-reeves or Port-reeves ▪ (i. e.) Urbis vel Portus Praefecti.

In Cities the people are generally made more industrious by Manufactures, and less idleness suffered then in other places, so that in some Cities, children of six or seven years old are made to gain their own expences. In the City of Norwich, it hath of late [Page 152] yeares been computed and found, that year­ly children from 6 to 10 years of age, have gained 12 thousand pounds more then what they spend, and that chiefly by knitting fine Jersey Stockings.

The Government of Burroughs, and other Towns corporate is much after the same manner. In some, there is a Mayor, in others, one or two Bailiffs, who have equal power with a Mayor and Sheriffs, and du­ring their Offices, they are Justices of the Peace within their Liberties, and have there the same power, that other Justices of the Peace have in the County.

For the better Government of Villages, the Lord of the place hath ordinarily pow­er to hold a Court-Baron, so called, because antiently such Lords were called Barons, as they are still in many parts of France: or else Court Baron (i. e.) Court of Free­holders, as the Barons of Germany are cal­led Frey herren; so the Barons of the Cin (que) Ports in England are but the Freeholders of the Cin (que) Ports. And this Court may be held every 3 weeks.

Also, for the Government of Villages there is a Pety Constable chosen every year by every one that is Lord of the place: this Officer is to keep the Peace, in case of quarrels, to search any house for Rob­bers, Murdrers, or others that have any way broken the peace: to raise the Hue and Cry after Robbers fled away, to seize upon them, and keep them in the Stocks or other Prison, till they can bring them before some Justice [Page 153] of Peace, to whom the Constables are subser­vient upon all occasiions, either to bring crrminals before them, or to carry them by their command to the common Prison.

Every little Village almost hath an Epi­tome of Monarchical Government, of Ci­vil and Ecclesiastical policy within it self, which if duly maintained, would render the whole Kingdome happy.

First, for the civil Government, there is the Lord of the Soyl, who from the Crown immediately or mediately holds Dominium soli, and is said to have in him the Roy­alty, as if he were a little King, and hath a kind of Jurisdiction over the Inhabitants of the Village, hath his Court-Leet [...], or Court-Baron, to which they owe suit and service, and where may be tryed smaller matters happening within the Mannour, Escheats upon Felonies or other accidents, Custody of Infants and Lunaticks, power of passing Estates and admitting of Te­nants, Reliefs, Hariots, Hunting, Haw­king, Fishing, &c. under the Lord, is the Constable or Headborough, to keep the Peace, to secure offenders, to bring them before the Justice▪ &c.

Then for the Ecclesiastical Government of Villages, there is (as before hath been mentioned) the Parson or Vicar, who hath Curam Animarum, the Care of Souls (as the Lord of the Mannor hath in some mea­sure, Curam Corporum) for which he hath the Tythes Glebe, and Church Offrings, hath under him the Church-wardens and [Page 154] Sides-men to take care of the Church, and Church Assemblies, the Overseers of the Poor, to take care of the Poor Sick, Aged, Orphans, and other Objects of Charity; and Lastly, the Clark to wait on him at Divine Service.

Thus admirable and excellent is the Con­stitution of the present English Govern­ment above and beyond any other Govern­ment in Christendom.

Of the Military Government of England.

IT was a smart Motto that the Great Hen­ry the IV. of France, Grandfather to our Gracious King now raigning, caused to be engraven on his Great Guns, Ratio Ultima Regum: Intimating thereby, that when Subjects refuse to submit to the Laws of the Land, or Neighbours to the Law of Nations; then Kings have recourse to Force and Armes, to bring them to Reason.

So long as Subjects are prone to Sediti­on, and Neighbour-Princes and States to Ambition, there will be a necessity of a Mi­litary [Page 155] Power in every State, both by Land and likewise by Sea, where the Country is any where bordering on the Sea.

Of the Military power of England, both by Land and Sea, the King of England hath the sole supreme Power, Government, Com­mand and disposition. And neither one nor both Houses of Parliament, have any right to levey any Forces, or make any War Offensive or Defensive, as they have at large declared in Parliament, Anno 14▪ Car 2.

By Land, the next under the King was the late Duke of Albemarle, who by His Ma­jesties Commission dated 4 th of April, 1660. at Breda, was made Generalissimo of all His Majesties Forces, in all His Three Kingdoms, Horse and Foot, Land Soul­diers in pay, as well within Garrison as without.

Since the Death of the aforementioned Duke▪ the Horse and Foot which are in con­stant Pay are thus ordered: there are four excellent Regiments of Foot. The first is called the Kings Regiment, consisting of 24 Companies, and near 1700 men, com­manded by Coll. John Russel ▪ whose Lief­tenant Coll. is Edw. Grey, brother to the Lord Grey, and whose Major is William Rolleston.

The next is the Duke of Yorks Regiment 720 men, commanded by Sir Charles Lit­telton, whose Lieft. Coll. is Sir John Grif­fith, and his Major Nath. Dorrel.

Of the third Regiment, 600 men, Sir [Page 156] Walter Vane is Coll. Thomas Howard of Suffolk Lieft. Coll. and Sir Thomas Ogle Major.

Of the fourth Regiment, 960 men, the Coll. is the Earl of Craven, his Lieft. Col. is Sir James Smith, his Major John Millar.

There is also a Gallant Regiment of Horse, consisting of 8 Troops, about 500 Horse, besides Officers, commanded by the Earl of Oxford, and his Major is Fran­cis Windham.

His Majesty hath besides, 3 compleat Troops for his Life Guards: whereof one is called the Kings Troop, consisting of 200 Horse, and commanded by the Duke of Monmouth: Another the Queens Troop, 150 Horse, and commanded by Sir Philip Howard: and the third the Duke of Yorks Troop, 150 Horse, and commanded by the Marquis of Blanquefort, whereof see more in the first Part of the Present State of England.

The pay of a Colonel of Foot is 20 s. per diem, and of a Colonel of Horse 12 s. per diem, the other Officers have pro­portionable pay. Each Foot Souldier in London, hath 10 d. a day, and each Horse­man 2 s. 6 d. a day. Onely those of the Life Guard have each 4 s. a day.

The rest of His Majesties Forces that are in constant pay, are disposed of into several Garrisons: a List whereof follows Alphabetically, with the names of their several Governors.

• [Page 157] Barwick, Lord Widdrington.
• Carlile, Sir Philip Musgrave.
• Chepstow, Captain Roger Vaughan.
• Chester, Sir Jeofry Shackerly.
• Dover, Capt. Strode.
• Deale, Capt, Titus.
• Guernsey, Lord Hatton.
• Gravesend, Sir Francis Leak.
• Harwich, Sir Charles Littleton.
• Hull, John Lord Bellassis.
• Jersey, Sir Thomas Morgan.
• Languard Fort, Major Dorrell.
• St. Maws, Sir Viel Vivian.
• Pendenis, Richard Lord Arundel.
• Plimouth, Earl of Bath.
• Portsmouth, D. of York, Sir Philip Honywood, Lieutenant Governor.
• Scarborough, Sir Tho. Slingsby.
• Scylly Isle, Sir Will. Godolphin.
• Shereness, Sir Bourcher Wray.
• Tinmouth, Col. Edward Villars.
• Tower, Sir John Robinson.
• Ʋpner Castle,
• Windsor Castle, Prince Rupert.
• Isle of Wight, Sir Robert Holmes.
• York, the Lord Freschevile.

In some of these Garrisons His Majesty is at the charge of above 500 men constant­ly, [Page 158] each Garrison Souldier hath 8 pence a day.

Of all the land Forces in pay, the Com­missaries Gen. of Musters are Henry How­ard of Suffolk, and Sir Cecil Howard.

The Pay-master of all the Forces is Sir Stephen Fox.

The Judge Advocate Dr. Sam. Barrow.

For regulating and ordering His Maje­sties Land Forces, that are in constant pay, there are no Orders, yet setled by Act of Parliament, as there are for his Sea Forces, but may be in a short time.

Besides, the afore-mentioned Forces there is the standing Militia by Land of all England setled in the King, to be govern­ed, ordered, and enlarged from time to time as his Majesty shall see occasion.

For the management of these standing Land Forces the King himself makes choice of divers of the principal Peers of his King­dome, and by Commission creates them Lord Lieutenants of the several Counties of England, with power to arm, array, and form into Companies, Troops, and Regi­ments, to conduct (upon occasion of Rebel­lion or Invasions) and employ the men so armed within the Counties and Places for which the said Lords are commissioned, or into any other County, as the King shall give order. To give Commissions to Colo­nels, or other Commissioned Officers, to present to the King the names of the Deputy-Lieutenants, who have in the absence of the Lord Lieutenant the same power (and [Page 159] these are to be of the prime Gentry of the County) to charge any person in the Coun­ty with Horse, Horsemen, and Arms, or Foot Souldiers and Arms within the said County, proportionable to their estates, with limitation that no person be charged with a Horse, unless he hath 500 l. yearly Revenue, or 6000 l. in personal Estate. No person to be charged with a Foot Soul­dier, unless he hath 50 l. yearly Revenue, or 600 l. personal Estate. Those that have meaner Estates are to joyn two or three to­gether, to find a Horse and Horseman, or a Foot Souldier.

The forementioned Horse and Foot are to muster once or twice a year, and each Horse­man during the time of the Muster to be allowed him for whom he serves 2 s. a day, and each Foot Souldier 12 d. a day.

For furnishing Ammunition and other Necessaries, the Lord Lieutenant, or De­puty Lieutenants may levy every year one fourth part (if they judge it expedient) of each mans proportion in the Tax of 70000 l. a moneth upon the whole Kingdom: And in the case of marching against an enemy, they have power to cause every man so charged to allow each Souldier one months pay, which the King is after to repay be­fore they may be charged with another moneths pay.

These Forces are alwayes in readiness with all things necessary at the beat of a Drum, or sound of Trumpet, to appear, muster, and be compleat with men, horse, [Page 160] and armes, and are at certain times train­ed and disciplined, that they become able, skilful, and useful Souldiers.

These are to be commanded only within the Kingdom, for the security of the King and Kingdom.

Subservient in the standing Militia to the Lord Lieutenant, and Deputy Lieutenant are the Justices of Peace of every County, who upon all occasions according to the orders of their Superiors, are to send their Warrants to the High Constable of the Hundred, or Petty Constable of the Parish, &c.

These are commonly called the Train-bands of every County, whereof the num­ber is so great, that in only five of the big­ger Counties of England there are to be found well provided forty thousand able lusty men ready to assist the King upon all occasions, so that in all times of peace the King hath six or sevenscore thousand men enrolled, and wholly and solely at his dis­posing, for the defence of his Kingdom of England.

For the better securing of the Kingdom from foreign Invasion, besides the Ships of war (whereof more anon) there are upon certain eminent places over al parts of Eng­land, mediterrane as well as maritime, high Poles erected, whereon are fastned pitch Barrels to be fired by night; and a smoke made by day, and thereby to give notice in few hours to the whole Kingdom of the approaching Invasion: whereupon the In­habitants [Page 161] in arms make haste to the sea-coasts. These are called Becons, from the Saxon Beacen or Beacnian, to shew by a sign. In all times of danger some are set to watch at every Becon.

Antiently there were many Castles in all parts of England; but inland Castles ge­nerally have either been demolisht in latter times, or wittingly suffered to decay, that to Rebels they might be no shelter, to In­vaders no stay, nor to the Invaded any re­fuge in flight, and consequently, that there may not be any lingring war again in Eng­land, which is the greatest misery and ca­lamity that can ever happen to a Nation.

In 1588. upon expectation of the Spa­nish Armado stiled invincible, there went forth from the Queen Commissions to mu­ster in all parts of England, all men that were of perfect sense and limb, from the age of 16. to 60, except Noblemen, Clergy­men, University Students, Lawyers, Offi­cers, and such as had any publick charges, leaving only in every Parish so many Hus­bandmen as were sufficient to till the ground. In all those Musters there were then numbred three millions: but of those fit for war, about six hundred thousand.

In another Muster of Queen Elizabeth there were found in all England fit for war of common Souldiers, about four hundred thousand, and of those armed and trained one hundred eighty five thousand, besides Horse near forty thousand: and that the Nobility and Gentry were then able to [Page 162] bring into the field of their Servants and Followers twenty thousand men Horse and Foot choice men, and excellent horses; and in all fit for war, and ready upon all occasions, six hundred forty two thousand, leaving sufficient to till the ground, and to furnish Trades, besides Nobility, Gentry, &c.

Of the present Maritime Power belonging to the Crown of Eng­land.

THe Kingdom of England being a Pen­insula, almost surrounded with the sea, there will alwayes be a necessity of ma­ritime forces. And as next Neighbours grow potent at sea, the King of England will be necessitated to augment his maritime forces proportionably (how great soever the charge thereof may be) or else to quit his antient right to the Soverainty of the narrow seas, and to suffer his Merchants to be abused, and their traffique every where interrupted.

It is true, that in the 24. of Eliz. upon a general view and muster there were found but 13 Ships of war, and 135 Ships of con­siderable burden belonging to all the Sub­jects of England: and in the year 1600 her Majesty had but 36 Ships of war, and 13 or 14 Pinaces: the biggest Ship was then [Page 163] of One thousand Tun, carried Three hun­dred and forty Mariners, One hundred and thirty Soldiers, and but Thirty piece of Ordnance: The lesser Ships of War, were of One hundred Tun, Forty or fifty Mariners, Seven or eight Soldiers, and Eight Guns. The Pinnaces of Thirty Tun, Eighteen or twenty Mariners, and Two or four Guns, so small was the Royal Fleet in those days, when our next Neighbor Na­tions were weak, and always engaged with Civil and Foreign Wars; but now that their strength at Sea, is of late so prodi­giously increased, it will be most expedient for this Kingdom, to be always well pro­vided: And, God be thanked, we have a King that understands better, and takes more delight in Maritime Affairs, and Ships of War, then any of His Royal An­cestors, or any Soveraign Prince now living in the World; and who hath made it His cheif business that way, to fortifie this Kingdom.

The Forces of Potentates at Sea, Sont des Marques de Grandeur d'Estat, saith a French Author, Whosoever commands the Sea, commands the Trade of the World; He that commands the trade commands the Wealth of the World, and consequently the World it self.

Again, As he that is Master of the Field, is said to be Master of every Town, when it shall please him; so, he that is Master of the Sea, may, in some sort, be said to be Master of every Countrey, at least of such as are bordering on the Sea; for he is at [Page 164] liberty to begin, or end a War, where, and upon what terms he pleaseth, and to ex­tend his Conquests even to the Anti­podes.

To the Crown of England belongs the Dominion of all the Narrow Seas, round about the whole Island of Great Britain, by Ancient Right whereof, it hath had possession in all times. First, the Aborigenes or Ancient Britains were possest thereof, (as Mr. Selden makes appear) and in their Right, the Romans held it; then the Saxons having gotten possession of England, kept that Dominion, their King Edgar, amongst His Royal Titles, calling Himself, Sove­raign of the Narrow Seas.

Afterward the Normans possessing Eng­land, claimed, and quietly possest the same Dominion, in testimony whereof, the Swedes, Danes, Hans-Towns, Hollanders, Zealanders, &c. were wont to ask leave to pass the British Seas, and to take Licenses to fish therein: And to this day, do strike Sail to all the Ships of War belonging to the King of England, as oft as they pass by any one of them, thereby to express, that they acknowledge the Soveraignty of the British Seas to belong to the King of Eng­land, according to an Ordinance made at Hastings in Sussex, by John, King of England, about Four hundred and fifty years ago.

To maintain this Right and Title, to protect Trade, to subdue Pirates, to de­fend this Kingdom against hostile Invasions, [Page 165] and to reduce foreign Potentates to Reason, the Kings of England have had (especially of later times) a considerable number of Ships of War, for Strength, for Beauty and Sailing (if not for number) surpassing all those of our Neighbor Nations: For Strength, by reason of the most excellent English Timber, they are like so many floating Castles and Barbicans: For Beau­ty, so proportionably and spaciously built, and so curiously and richly adorned, that they are as so many Royal Palaces. A­mongst other Ships at Sea, they are as so many Lions amongst other silly Beasts, or as Eagles amongst other Birds.

Histories mention a great Fleet of Julius Caesar, a Fleet of the forementioned King Edgar, consisting of Three thousand six hundred Sail; a Fleet of Lewis, Son to Philip King of France, of Six hundred Sail, that arrived at Sandwich to assist the English Barons against King John; but those doubtless were but as so many Cot­tages to Castles, in respect of the present Ships of War.

Henry the Eighth, in the Fifth year of His Reign, built a Ship, then accounted the greatest, that ever had been seen in England, and named it Henry Grace de Dieu, or the Great Henry; it was of One thousand Tun.

In the Eighth year of King James was built by the Londoners, a Ship of Twelve hundred Tun, and called The Trades In­crease, which being lost in the East Indies, [Page 166] King James caused another to be built of Fourteen hundred Tun, which being given to Prince Henry, was by Him named the Prince.

King Charles, the Martyr, perceiving the great encrease of Shipping in our Neighbor Nations, and that the Soveraign­ty of these Seas was like to be disputed; amongst other great Ships of War, built one greater then any Ship of War, either in England, or in any Countrey of Europe, and named it The Royal Soveraign; which for a little diversion, shall here be more particularly described.

The Royal Soveraign, being a Ship of the First Rate or Rank, built in the Year One thousand six hundred thirty and seven, is in length by the Keel One hundred twenty seven Foot, in bredth by the Beam Forty seven Foot, in depth Forty nine Foot, her draught of Water Twenty one Foot: Of burden, in all Two thousand seventy and two Tuns; and One thousand five hundred fifty and four Tuns, besides Guns, Tackle, &c. This mighty Moving-Castle hath Six Anchors, whereof the biggest weighs 6000 l. and the least 4300 l. It hath Fourteen Cables, whereof the greatest is Twenty one Inches in compass, and weighs 9000 l. Her least Cable being eight Inches in compass, weighing near 1300 l.

To the Royal Soveraign belong Eigh­teen Masts and Yards, whereof the great­est, called The Main Mast, is One hundred [Page 167] and thirteen Foot long, and Thirty eight Inches Diameter; Her Main Yard One hundred and five Foot long, and Twenty three Inches Diameter, and her Main Top Fifteen Foot Diameter: She hath Ten several sorts of Sails of several names (as every Ship of every one of the Six Rates hath) whereof her greatest Sail, called Her Main Course (together with her Bon­net) contains One thousand six hundred and forty Yards of Canvas, Ipswich double, and the least Sail called The Fore-top-gallant-sail, contains One hundred and thirty yards of Canvas. The charge of one compleat Sute of Sails for the Soveraign is 404 l. Sterling Money. The weight of the Sea store, in point of Ground Tackle and other Cordage, is Sixty Tuns, Eight hundred and odd pounds.

She carries a long Boat of Fifty Foot, a Pinnace of Thirty six Foot, and a Skiff of Twenty seven Foot long.

The weight of her Rigging is Three and thirty Tun.

She hath Three Tire of Guns, all of Brass, whereof there are Forty four in her upper Tire, Thirty four in her second Tire, and Twenty two in her lower Tire, in all One hundred Guns.

She carries in all, of Officers, Soldiers, and Mariners, Seven hundred Men.

Finally, Her whole Charges for Wages, Victuals, Ammunition, wear and tear, for every Moneth at Sea, costs the King 3500 l. Sterling, as hath been computed by a very skilful person.

[Page 168]The charges of Building a Ship of the First Rate, together with Guns, Tackle, and Rigging (besides Victualing) doth or­dinarily amount to about 62432 l. Those of Lower Rates proportionally.

The King hath now Six Ships of the First Rate, whereof Five are longer by the Keel then the forementioned Royal Soveraign, and all of the same force, except two, which yet may carry each one, One hundred and ten Guns.

Of Ships of War, great and small, the King had before the last War with the Uni­ted Netherlands, above One hundred and sixty Sail, whereof a true List followeth.

Besides the above mentioned Vessels, there was the New Gally, the Eagle, Stork, Violet, Ostridge, Church and Elias, in all 160 sail.

[Page 176]During the late War with the United Netherlands, France, and Denmark, some of these forementioned Vessels were lost, and since the Peace concluded many have been new built, even this present year, four Ships of the first Rate, and three of the third Rate have been, to his Majesties great ex­pences, built and perfectly finished, or will be in a short time. Those new built Ships of the first Rate are the Royal James, Prince, St. Andrew, London.

All his Majesties Maritime Forces are under the Command of the Lord High Admiral of England, touching whose Name, Titles, Power, Priviledges, &c. See the first part.

The Lord Admiral hath under him ma­ny Officers of high and low condition, some at Sea, others at Land; some of a Military, some of a Civil capacity; some Judicial, others Ministerial; so that the Dominion and Jurisdiction of the Sea, may justly be stiled another Commonwealth or Kingdom apart. In Mari sunt Regna di­stincta idque Jure Gentium, sicut in arida terra, saith Baldus, that learned Oracle of the Civil Law: And the Lord High Admi­ral of England, may fitly be stiled, or at least reputed as a Vice-Roy of the Maritime Kingdom of England.

The Vice-Admiral of England is an Of­ficer, to whom next under the High-Ad­miral, it belongs to see the Royal Navy kept in good repair the wages of Mariners and Ship-wrights duly paid, and the Ships [Page 177] provided of all things necessary for any Ex­pedition.

The Lord High-Admiral of England doth by virtue of his place appoint in di­vers parts of the Kingdom his several Vice-Admirals, with their Judges and Marshals by Patent under the Great Seal of the High Court of Admiralty. These Vice-Admirals and Judges do exercise Juris­diction in Maritime affairs within their se­veral limits; and in case any person is a­grieved by any Sentence or Interlocutory Decree, that hath the force of a definitive Sentence, he may appeal to the High Court of Admiralty,

• Bristol City, Sir Thomas Bridges Vice-Ad­miral.
• Cheshire and Lancashire, the Earl of Derby Vice-Admiral.
• Sir Tim. Baldwin Kt. Dr. of Laws, Judge.
• Cornwall South parts, Trelawny Vice-Ad­miral.
• Cornwall North parts, Sir John Godolphin V. Admiral.
• Mr. Scawen Judge.
• [Page 178] Cumberland, Earl of Carlile V. Admiral.
• Durham, Earl of Carlile. V. Admiral.
• Devonshire, John Vowel Esq V. Admiral.
• Dr. Masters Judge.
• Dorsetshire, Bullen Reyms Esq
• Essex, Sir John Bramston, V. Admiral.
• Sir Mundiford Bramston Judge.
• Glocester, Thomas Cheston Esq V. Adm.
• Kent, Duke of Richmond V. Adm.
• Lincoln, Lord Castleton V. Adm.
• Newcastle, Earl of Carlile V. Adm.
• Norfolk, Lord Townsend V. Adm.
• Sir Justinian Lewen Kt. Dr. of Laws, Judge.
• Northumberland, Earl of Carlile V. Adm.
• Somersetshire, Sir Thomas Bridges V. Ad­miral.
• Sussex, Sir John Pelham V. Adm.
• Dr. Low Judge.
• Suffolk, Sir Henry Felton, V. Adm.
• Dr. Clark Judge.
• Southampton and Isle of Wight, Sir Robert Holms V. Adm.
• Dr. Lloyd Judge.
• Wales North parts, Col. John Robinson V. Adm.
• Mr. Walter Mansel Judge.
• York, Earl of Mulgrave V. Adm.

[Page 179]For handling of Maritime Affairs, the Lord High Admiral hath Courts of his own, whereof that at London is the princi­pal or supreme, where all Process and Procee­dings run in his name, and not in the Kings, as it doth in all Common-Law Courts; in this Court usually call'd the Court of Admiralty, he hath a Lieutenant called Judge of the Admiralty, who is commonly some learned Dr. of the Civil Law, and is at present Doctor Jenkins, lately knighted for his great worth, and now called Sir Lionel Jenkins.

The Proceeding in this Court in all Ci­vil Matters, is according to the Civil Law, because the Sea is without the limits of the Common-Law, but under the Admirals Jurisdiction; therefore the Civil Law onely (all Common Law secluded) is made use of, and, by Libel they proceed to the Acti­on, the Plaintiff giving Caution to prose­cute the Sute, and to pay what shall be judged against him, if he fail in the Sute, the Defendant on the contrary securing the Plaintiff by sufficient surety or caution, as the Judge shall think meet, that he will ap­pear in Judgment, and pay that which shall be adjudged against him, and that he will ra­tifie and allow all that his Proctor shall do in his name, whereby the Clients are well assured to obtain that which by Law shall be adjudged to them, let the Cause fall on which side soever.

In the Admiralty Court of England use is made, not onely of the Civil Laws, but [Page 180] the Laws of Rhodes and Oleron, whereof the former is an Island in the Mediterra­nean Sea, about twenty miles distant from the Continent of Asia Minor, and is now under the Turk, the antient Inhabitants whereof, by their mighty Trade and Power at Sea, grew so expert in the Regulation of all Maritime Matters and Differences, and their Determinations therein were esteem­ed so just and equitable, that their Laws in such affairs have ever since been observ­ed for Oracles. Those Laws were long ago incorporated into the Volumes of the Civil Law: And the Romans, who gave Laws to other 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, [Page 181] 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, [Page 182] 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.

[Page 184]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, [Page 185] 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.

[Page 186]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.

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 con­jectured by the charges of building and rigging of Ships, and of one Months ex­pences [Page 188] at Sea afore specified, so that the English Subject need no longer wonder how their late large Contributions and Aides have been spent, but rather how the King­domes necessary Expences, should be dis­charged with so little.

Of the City of LONDON.

LONDON being the Epitome of Eng­land, the Seat of the British Em­pire, the Chamber of the King, and the chiefest Emporium or Town of Trade in the World; it will not be impertinent to give some account thereof.

To describe particularly all things in this City worthy to be known, would take up a whole Volumn, therefore, according to the intended brevity of this Treatise here shall be inserted onely [...] Magnalia Londini, such things as strangers and foreigners commonly count remarkable.

Take then a summary account of the Name, Antiquity, Situation, Magnitude Streets, Houses, Number of Inhabitants, Parish-Churches, Cathedral, Royal Ex­change, River, Conduits, Aqueducts, Trade, Government, Publick Halls of Companies; of the Tower, Bridge, Custom-House, Pub­lick Offices, Colledges, Schooles, Hospi­tals, Work-houses, &c.

[Page 189] Name, LONDON so called, as some con­jecture, from Llongdin the British word, signifying in the Saxon Tongue Shipton, or Town of ships; was built as some write 1108 years before the Birth of our Saviour, that is 2778 years agoe; Antiqui­ty.in the time of Sa­muel the Prophet, and about 356 years before the building of Rome.

Situati­on.In the most excellent situation of London, the profound wisdom of our Ancestors is very conspicuous and admirable. It is sea­ted in a pleasant ever green valley; upon a gentle rising Bank, in an excellent Aire, in a wholesome soyl mixt with gravel and sand upon the famous Navigable River Thames, at a place where it is cast into a Crescent, that so each part of the City might enjoy the benefit of the River, and yet not be far distant one from the other, about 60 miles from the Sea, not so near, that it might be in danger of Surprisal by the Fleets of Forreign Enemies, or be annoyed by the boysterous Winds, and unwholesome Va­pours of the Sea; yet not so far, but that by the help of the Tide every twelve hours, all the Commodities that the Sea or World can afford, may by ships of great burden be brought into her very bosome, nor yet so far, but that it may injoy the milder, warmer Vapours of the Eastern, Southern, and Western Seas; yet so far up in the Country, as it might also easily partake even of all the Country commodities: in an excellent air, upon the North side of the River (for the Villages seated on the [Page 190] South-side are noted to be unhealthy, in regard of the Vapours drawn upon them by the Sun) burroughed by gentle hills, from the North and South Winds; it lies in 51 Degree 34 Minutes Latitude.

The High-ways leading from all parts to this Noble City are large, straight, smooth, and fair; no Mountains nor Rocks, no Marshes nor Lakes to hinder Carriages and Passengers, so that as Corn may easily be brought, and Cattel commodiously driven unto it by Land; so those heavy though ne­cessary Commod [...]ties, Hay and Fuel are more cheaply conveyed by water: in a word all the blessings of Land and Sea near about, and by the benefit of shipping, all the blessings of the Terrestrial Globe, may be said to be here injoyed, above any City of the world.

Magni­tude.The City of LONDON with its Su­burbs and places adjacent▪ is of a vast ex­tention: From Lime House, measured to the end of Tothill or Tuttle street, from East to West, is above 7500 Geometrical paces, that is, above 7 English Miles and a half; and from the farther end of Black­manstreet in Southwark, to the end of St. Leonard Shoreditch is 2500 paces, or two Miles and a half.

Streets.In this great City, the streets, lanes and allyes, as they are called, are in number above 500, and yet, some of them above half a measured mile in length: Dwelling [Page 191] houses, before the late dreadful Fire, were computed onely within the Walls, above fifteen thousand, and that was account­ed but a fifth part of the whole City, as may be judged by the weekly Bills of Mor­tality.

Houses.The Buildings, especially of late years, are generally very fair and stately, but within the City, the spacious Houses of Noble men, rich Merchants, the Halls of Companies, the fair Taverns are hidden to strangers, by reason that they are gene­rally built backward, that so the whole room towards the street, might be reserved for Tradesmen shops. If they had been all built toward the street, as in other Coun­tries, no Forreign City would, even in this particular, much surpass London; Yet, if a Stranger shall view Lincolns-Inne fields, Southampton Buildings, Covent Garden, St. James Fields, Hatton-Garden, Cheap­side, Lumbard street, Canon street, Fleet street &c. He must confess that for fair Piazza's or open Places, for stately uni­form buildings, for spatious streight streets, there is scarce the parallel in Europe.

Number of Inha­bitants.That the Reader may the better guess at the number of Inhabitants, or humane Souls, within this great City, he must know, that in one year there were computed to be eaten in London, when it was less by one fourth part, 67500 Beefs, ten times as ma­ny [Page 192] Sheep, besides abundance of Calves, Lambs, Swine, all sorts of Poultry, Fowl, Fish, Roots Milk, &c. Also that commu­nibus annis to supply London with Newca­stle Coal, there is brought into the River of Thames two hundred and seventy thou­sand Chaldron, and every Chaldron is 36 Bushels.

Again the number of Inhabitants may be guessed at by the Burials and Births in London, which, in ordinary years, when there is no Pestilence, amount of late to Twenty thousand in a year, three times more then in Amsterdam, and but one 20th part less then in Paris, as may be seen by the Bills of these three Cities.

As also by the quantity of Beer drank in London in a year, which to all Forreigners will be incredible, for in the year 1667 according to exact computation, there was brewed within that year in London, four hundred fifty two thousand five hundred six­ty three Barrels of strong Beer, sold at 12 s. 6 d. the Barrel, and five hundred and eigh­ty thousand four hundred twenty one Bar­rels of Ale, sold at 16 s. the Barrel, and four hundred eighty nine thousand seven hundred ninety seven Barrels of Table Beer, or small Beer, sold at 6 s 6 d. the Barrel. The Beer strong and small is 36 Gallons to the Barrel, and the Ale 32 Gallons to the Barrel▪ and now since the Pestilence and the Fire, that this City is again fully peo­pled, there is much more Liquor brewed.

[Page 193]It is true, that some he [...]eof is transported beyond the Sea, but that is scarce conside­rable.

Besides all this Beer and Ale, there is consumed in London, a vast quantity of French and Spanish wines, much Rhenish-wine, Sider, Coffee, Chocolatte, Brandy and other Drinks.

The Excise only of Beer and Ale for the City of London (though it be a very mo­derate Imposition) is farmed or rented of the King at above one hundred and twen­ty thousand pounds a year, and about one fourth part of all that Excise throughout England.

ChurchesParish Churches, besides Chappels there were in all 130. that is double the Number of Churches parochial to be found in any City of Christendom, the Mother Church whereof is dedicated to the memo­ry of Saint Paul (the only Cathedral of that Name in Europe) and founded by Se­bert a Saxon King, about the year 610. in a place where had stood a Temple dedi­cated to Diana, and afterward enlarged by Erkenwald the 4 th Saxon Bishop there­of; and that old Fabrick being almost de­stroyed by Fire, Mauritius another Bishop of London, in One thousand eighty three began and finished a great part of the pre­sent magnificent Pile, in the space of 20 years, but the Quire and Tower were not finished till 1221, and then it was dedica­ted in a most solemn manner (as was the [Page 194] Temple of Solomon) the King, the Bi­shops and a vast number from all Parts of the Nation assisting thereat.

It is seated on the highest part of all the City, and was more conspicuous perhaps then any Cathedral Church in the World; it was a structure for length, height and antiquity surpassing all other Churches; the length thereof was 690 Foot (therein ex­celling by 20 foot, St. Peters in Rome, which for beauty, proportion and divers other things excels all other Temples,) it was in height 102 foot, and in breadth 130. The Church was built as other Ca­thedrals, in a perfect Cross, and in the midst of the Cross, upon mighty high Ar­ches, was a Tower of Stone 260 foot high, and on that a spire of Timber covered with Lead, in height 260 foot more, in all from the ground 520 foot; above which was a [...]ole of Copper Gilt, of 9 foot in compass, whereon stood the Cross, 15 foot and a half high, and almost 6 foot a cross, made of oak, covered with Lead, and another cover of Copper over the Lead; above all stood the Eagle or Cock of Cop­per Gilt, four foot long, and the breadth over the Wings 3 foot and a half.

In the year 1561. a part of this mag­nificent Pile was much wasted, and the rest endangered by a fire begun in that stately Timber Spire, by the negligence of a Plum­mer, who left his Pan of Fire there, whilest he went to Dinner, as he confest of later years on his Death Bed: But by the great [Page 195] Bounty and Piety of Queen Elizabeth, of the Citizens of London, and of all the Clergy of the Province of Canterbury, it was again repaired in the space of Five years. After which, the Stone work de­caying apace, by reason of the corroding quality of the abundance of Sea-coal smoak, the Learned and Pious Doctor Laud com­ing to be Bishop of London, and after of Canterbury, was so zealous and vigorous, for upholding this most Ancient Church, and Stately Monument of England, and glory of the City of London; that by the Kings favor, and liberal contribution of Godly People (maugre all opposition of the Puritans) the work was so eagerly pur­sued, that before the year 1640. the whole Body was finished with Portland Stone, ex­cellent against all smoak and weather, and the Tower scaffolded up to the top, with a purpose to take it all down, and to rebuild it more fair, and of a greater height, with a stately Pinnacle at each corner, because the Arches were not thought strong enough to support another Steeple, and to place in that Tower the biggest and most tunable Bells in the World: For performance whereof, and for adorning the Church, there was in the Chamber of London, above One hundred and seventy thousand pounds all taken out soon after, and employed in an Unnatural War, by a stiff necked Peo­ple, against the best of Kings; in which one single act a great part of the Citizens of London, and of the Long Parliament, [Page 196] became deeply guilty of a horrid Rebelli­on, and detestable Sacriledge.

After the Murder, or rather Martyrdom, of the forementioned Archbishop, the Skaffolds were taken away and sold, with some of the Lead, which covered this fa­mous Structure, and this House of God made a Stable for Horses by the Disloyal Army, and almost all suffered to decay, till the Restauration of the King, who having a pious intent to set upon the repair thereof again, it was all ruined by the late dreadful Conflagration in 1666. Which yet hath not so discouraged our gracious King, and the rest of our Church Gover­nors, but that in a short time they intend to begin again the repair of the Mother Church of the Mother City of this Kingdom, to the glory of God, and high honor of this City and Nation; for the speedy pro­moting whereof, both King and Parlia­ment, City and Countrey, Clergy and Laity, high and low, seem to stand engaged, to lend their aid and assistance.

Of the forementioned Fire, that was able to destroy such a vast solid Structure, as the Cathedral of S. Paul, a brief ac­count may here be acceptable, especially to Foreigners, who have had imperfect re­lations thereof.

THe City of LONDON, within the Walls, was seated upon, near Four [Page 197] hundred and sixty Acres of Ground, where­on was built about Fifteen thousand Houses, besides Churches, Chappels, Halls, Colledges, Schools, and other Publick Buildings, whereof about Four parts of five, were utterly devoured in the late dismal Conflagration, and about One part of five, of the whole City and Sub­urbs, counting therein Westminster and Southwark: There were then destroyed Eighty seven Parochial Churches, Six Consecrated Chappels, all the Principal Publick Edifices; as the forenamed Cathe­dral of S. Paul, the great Guild-Hall, wherein are held Nine several Courts be­longing to the City; the Royal Exchange, the Custome-House, most Halls of Com­panies, &c. whereof the whole damage is almost incredible.

In that one commodity of Books onely, wherewith London abounded, was lost, as Judicious Stationers have computed, One hundred and fifty thousand pounds; for the loss fell most upon that, and Three or four other cumbersome commodities, not easie, on a sudden to be removed, viz. Wines, Tobacco, Sugars, and Plumbs, wherewith this City was furnished beyond any City in the World. Yet, in this vast Incendy, not above Six or eight persons were burnt: Of this dreadful Fire, there were many con­current occasions.

First, The Drunkenness or Supine neg­ligence of the Baker, in whose House it began, or of his Men.

[Page 198]Next, The dead time of the night, wherein it began, viz. between One and two of the Clock after Midnight, when some were wearied with working, others filled with drink, all in a dead sleep.

Thirdly, The dead time of the week, being Saturday night, when Traders were retired to their Countrey Houses, and none but Children or Young Servants left behind.

Fourthly, The dead time of all the year, being then the long Vacation, on the Se­cond of September, when Tradesmen were generally abroad in the Countrey, some in the remotest parts of England, to fetch in their debts.

Fifthly, The closeness of the Buildings in that place, facilitating the progress of the Fire, and hindring the usual remedy which was by Engines to shoot Water.

Sixthly, The matter of the Buildings thereabouts, which was generally wooden, and of old Timber.

Seventhly, The long continued drought of the preceding Summer, even to that day, which had so dryed the Timber, that it was never more apt to take fire.

Eighthly, The matter of Wares in those parts, where were the greatest Magazines and Store-houses of Oyls, Pitch, Tar, Rozin, Wax, Butter, Brimstone, Hemp, Cordage, Cheese, Wine, &c.

Ninthly, An Easternly Wind, the driest of all other that had continued long be­fore, and then did blow very strongly

[Page 199]Tenthly, The unexpected failing of the Water, the Thames Water-Tower then out of order, and burnt down, immediately after the beginning of the fire, so that most Water Pipes were soon dry.

Lastly, An unusual negligence at first, and a confidence of easily quenching the Fire, on a sudden changed into a general consternation and despondency, all Peo­ple chusing rather by flight to save their Goods, then by a vigorous opposition to save their Houses, and the City.

These causes thus strangely concurring, (to say nothing of Gods just anger, for the notorious impenitency of the Citizens, for their abetting and instigating the shedding of the precious innocent Blood, both of Gods Anointed, and of their other cheif Governors, both in Church and State, for their still going on in their old hainous sins of Despising Dominions, and speaking evil of Dignities, till there was no remedy) those forementioned causes, so wonderfully concurring by a general prodigious Con­flagration did make a greater spoil in the space of Three days, viz. From Sunday morning to Wednesday morning, then Three or four Armies, unresisted, could probably have done in twice the time; for (to give the Reader some little Prospect of the huge damages done by this Fire) it hath been computed by an ingenious person, that there were burnt in all, within the Walls of this City, Twelve thousand Houses, and without the Walls, One thousand Houses; [Page 200] all which valued one with another, at no more then 25 l. yearly Rent, which at the low rate of Twelve years purchase, will amount in the whole to Three millions and nine hundred thousand pounds sterling. Then the Eighty seven Parish Churches, the most spacious Cathedral Church of S. Paul, Six Consecrated Chappels, the Royal Burse or Exchange, the great Guild-Hall, the Custome-House, the many mag­nificent Halls of Companies, the several Principal City Gates, with other Pub­lick Edifices, may well be valued at Two millions.

The Wares, Houshold-stuff, Moneys, and other moveable Goods lost and spoiled by the Fire, may probably amount to Two millions of pounds, some say much more.

The Money spent in a general removing of Wares and Goods, during the Fire, and bringing them back afterward, in the hire of Boats, Carts, and Porters, may be well reckoned, at the least, Two hundred thou­sand pounds; the total whereof, is Nine millions, and Nine hundred thousand pounds, which reduced into French Money, will amount unto One hundred twenty eight millions and seven hundred thousand Livres Tournois. And yet, the Citizens re­covering, after a few months, their Na­tive Courage, have since so chearfully and unanimously set themselves to rebuild the City, that within the space of four years, they have erected in the same streets, ten thousand houses, and laid out for the same, [Page 201] Three millions of pounds sterling, count­ing but 300 l. a house one with another: (besides whole Streets built and now build­ing in the Suburbs by others:) as if the late Fire had onely purged the City, the Buildings are become infinitely more beau­tiful, more commodious, and more solid (the three main vertues of all Edifices) then before; nay, as if the Citizens had not been any way impoverish'd, but rather inrich't by that huge Conflagration, they may be said to be even wanton in th [...]ir Expences upon the stately Italian Facci­atta's or Fronts of their new Houses, (ma­ny of Portland stone, as durable al­most as Marble) upon their richly adorn­ed Balconies, Signes, Portals, &c. They have made their Streets much more large and straight; and whereas before they dwelt in low, dark, deform, Wooden Cot­tages, they now live in lofty, lightsome, uniform Brick Buildings; so that although our gracious King cannot say of this His Capital City, as one of the Emperors said of Rome, Lateritiam inveni, Marmoream reliqui, yet he may say of it what is al­most equivalent, Ligneam inveni, Late­ritiam reliqui. And of a Principal Stru­cture of this City, the Royal Exchange, His Majesty may say, Lateritiam inveni, Saxcam reliqui: whereof take here this following brief Account▪

[Page 202]THe former Burse began to be erected in the year 1566. just one hundred years before it was burnt: it was built at the cost and charges of a noble Mer­chant Sir Thomas Gresham, and in a so­lemn manner by a Herald and Trumpet, in the presence and by the special Com­mand of Queen Elizabeth, proclaimed and named the ROYAL EXCHANGE: it was built most of Brick, and yet was the most splendid Burse (all things consider­ed) that was then in Europe (before the building whereof the Burse for Merchants was kept in Lumbard-street).

Now it is built within and without of the forementioned excellent stone, with such curious and admirable Architecture, that it surpasseth all other Burses, Quantum lenta solent inter Viburna Cupressi.

It is built Quadrangular, with a large Court, wherein the Merchants may assem­ble, and the greatest part, in case of rain or hot sun-shine, may be sheltered in side-Galleries or Portico's. The whole Fa­brick cost above fifty thousand pounds, whereof one half is disbursed by the Cham­ber of London, or Corporation of the City, and the other half by the Company of Mercers: and to reimburse themselves, there will be let to hire 190 Shops above stairs, at 20 l. yearly rent each, and 30 l. for fine, besides the several Shops below, on the East and West sides, and the huge [Page 203] vaulted Cellers under ground, so that it will be the richest piece of ground, per­haps, in the whole world; for, accord­ing to exact dimensions, the ground where­on this goodly Fabrick is erected, is but 171 foot from North to South, and 203 foot from East to West (for it is Quadra­tum oblongum) so that it is but very little more then three quarters of an Acre of Ground, and will produce above 4000 l. yearly Rent.

The River whereon is seated this Great City, for its breadth, depth, gentle, strait, even course, extraordinary wholesome wa­ter and Tides, is more commodious for Navigation then perhaps any other River in the world. The Sea flows gently up this River fourscore miles, that is, almost to Kingston, twelve miles above London by land, and twenty by water, bringing the greater Vessels to London, and the smaller beyond; then against the Stream, boats are drawn to Oxford, and higher ma­ny miles.

It is high water at this City as oft as the Moon comes to the North East and South West points of Heaven, the one in our Hemisphere, and the other in the o­ther Hemisphere. The highest Tides are upon a Land Flood, the Wind North­west at the Equinoctial, and the Moon at full: when these four causes concur (which is very rare) then the Thames swells in some places over its Banks, and West­minster [Page 204] is a little endammaged in their Cellars, not in their Chambers and upper Rooms, as the City of Rome sometimes is by the overflowing of the Tiber, and Paris by the Seyne.

This River opening Eastward towards Germany and France is much more ad­vantageous for Traffick than any other River of England. To say nothing of the variety of excellent Fish within this River, the fruitful fat soil, the pleasant rich Meadows, and innumerable stately Pala­ces on both sides thereof; in a word, the Thames seems to be the very Radical moi­sture of this City, and in some sense, the natural heat too, for almost all the Fuel for firing is brought up this River from Newcastle, Scotland, Kent, Essex, &c.

From this River the City by water En­gins is in many places supplyed with ex­celient wholsome water; also from almost twenty Conduits of pure Spring water; and moreover; by a new River, brought at a vast charge and exquisite skill (by Sir Hugh Middleton who deserves his Statue in Brass) from Amwell and Chad­well, two Springs near Ware in Hartford­shire, from whence, in a turning and wind­ing course, it runs threescore miles, be­fore it reaches this City; In some places the Channel is necessarily thirty foot deep, in other place it is carried over valeys more then twenty foot high above ground, in open Troughs. Over this new [Page 205] River are made eight hundred Bridges, some of Stone, some of Brick, and some of Wood: Six hundred men have been at once employed in this great work. It was begun 1608. and finished in five years. It serves the highest parts of London in their lower Rooms, and the lower parts in their highest Rooms.

The vast Traffick and Commerce where­by this City doth flourish, may be guessed at chiefly by the Customs which are paid for all Merchandise imported or exported, which are but very moderate Impositions in comparison of the Imposts of most o­ther Countries of Europe, and yet the Customs of the Port of London onely a­mount to above three hundred thousand pounds a year: By the infinite number of Ships, which by their Masts resemble a Forest as they lye along this stream, be­sides many that are sent forth▪ every year to carry and fetch Commodities to and from all parts of the known world, whereby it comes to pass, that no small number of Merchants of London, for Wealth, for stately Houses within the City for Winter, and without for Summer, for rich Furniture, plentiful Tables, and honorable living, &c. excel some Princes in divers of our neighbour Nations: Moreover, one may conjecture at the huge Commerce by the infinite number of great well furnished Shops; which a Spaniard once observing, together with [Page 206] the great number of Law sutes, in Term time, made this report of London to his Country-men, that it was indeed a great City, but made up of nothing but Tiendas y Contiendas, Shops and Sutes: whereas he might rather have said more truly, in a few more words, viz. that London is a huge Magazin of Men, Mo­ney, Ships, Horses and Ammunition of all sorts of Commodities necessary or expedient for the use or pleasure of man­kind: that London is the mighty Rende­vous of Nobility, Gentry, Courtiers, Di­vines, Lawyers, Physitians, Merchants, Seamen, and all kinds of excellent Arti­ficers, of the most refined Wits and most excellent Beauties; for it is observed that in most Families of England, if there be any Son or Daughter that excels the rest in Beauty or Wit, or perhaps Courage or Industry, or any other rare quality, Lon­don is their North-star, and they are never at rest till they point directly thi­ther.

The Government of this City, consi­dering the greatness and populousness thereof is very admirable, and might take up a Volume in the description there­of.

The Ecclesiastical Government is by a Bishop, was in the time of the Britains by an Archbishop, but when it became subject to the Saxons, the Archiepiscopal Sea, was placed at Canterbury, not because that was [Page 207] the more worthy City; but for the sake of Saint Austin, who first preacht the Gospel there to the Heathen Saxons, and was there buried. Since which time it hath been un­der a Bishop above ten Centuries and a half, in a continual succession, in which space there are reckoned 99 Bishops of Lon­don to the Present worthy Bishop thereof, the grave, learned, pious, divine Doctor Humphry Henchman consecrated Bishop of Salisbury 1660. and translated to London 1663. To his Cathedral also belongs a Dean, a Chapter, a Treasurer and Thirty Prebendaries, all persons of worth.

For the Ecclesiastical Government of the several Parishes, there are are placed many excellent Divines, that have the Cure of Souls, a Rector or Vicar for every Parish▪ and these have for a long time had the re­pute of the most excellent way of Sermo­nizing in Christendom, insomuch as divers Divines of foreign Reformed Churches have come hither on purpose to learn their manner of haranguing in the Pulpit.

For maintaining these Divines with their families there is in every Parish a Parson­age or Vicaridge house, and in most a com­petent allowance in Tithes. Antiently the Parsons due in London, besides the Tithes of the Trades-mens Gains, and Mortuaries, Obits, &c. was 3 s. 5 d. in the pound of the yearly Rent, of all Houses and Shops; and this was paid as Offerings on Sundayes and Holidayes onely a half penny for each pound, whereby the Parishioners did hardly [Page 208] feel it, although the Sundayes and Holy­dayes were so many that in a whole year it amounted to 3 s. 5 d. in the pound. After­wards many Holidayes being taken away, and the Clergy Means thereby abated, it was ordained 25 H. 8. that 2 s. 9 d. in the pound of all Rents of Houses and Shops should be paid yearly to the Parson, where­unto the Londoners did not onely consent (as they had good reason, it being much less in the pound then before) but bound themselves by an Act of Common Council to perform the same, and the said Ordi­nance was confirmed in Parliament 27 Hen. 8. and again 37 Hen. 8. with a power given to the Lord Mayor to commit to prison any Citizen that should refuse to pay his Tythes and Dues according to that pro­portion. But since the Reformation, many men willing to think Tythes a rag of Pope­ry, or else making no conscience of robbing God, have devised many base and fraudu­lent wayes by double Leases, by great Fines and small Rents, and several other wayes to cheat the Law and their God, Mal. 3.8. complaint whereof being made to King James 1618. it was declared in his Court of Exchequer by the Barons there, that the Inhabitants of London, and of the Liberties thereof, ought still (according to the afore­mentioned Acts) to pay 2 s. 9 d. in the pound, according to the true yearly value of the Rent of their Houses and Shops from time to time; but the Citizens (who think 2000 l. per annum. not enough for an Al­derman [Page 209] or for a Lawyer: and yet 200 l. too much for a Pastor of a Parish) opposing the same, the business lies yet unestablished, to the great dishonor of the Reformed Re­ligion.

The Civil Government is not (as it is at Paris, Rome, Madrid, Vienna, and other Capital Cities) by a chief Magistrate, some Nobleman set over the City by the King or Supreme Governor; or, as it was here, in the time of the Romans, when the chief Magistrate was called (as it is still in Rome) the Prefect of London, or, as it was in the time of the Saxons, when he was called the Portgreve, that is, Custos or Guardian, and sometimes Provost of Lon­don, but after the coming in of the Nor­mans, the chief Magistrate was called Bailive (from the French word Bailler, tra­dere, committere) that is Commissarius, or one that hath Commission to govern others, and there were sometimes two Bailiffs of London, till King Rich. I. Anno 1189. changed the name of Bailiff into MAYOR, which also, being derived from the French, hath continued ever since, a Citizen cho­sen by the Citizens annually, unless some­times for the disloyalty of the Citizens, their Priviledges and Franchises have been taken from them, and a Guardian set over them, as was done by Hen. III. and Edw. I.

Of latter times, the Mayor of London, though alwayes a Citizen and Tradesman hath been of such high repute and esteem that in all writing and speaking to him, [Page 210] the Title of Lord is prefixt, which is given to none others, but either to Noblemen, to Bishops, Judges, and of later times to the Mayor of York, or to some of the high­est Officers of the Realm. He is also for his great Dignity usually knighted by the King, before the year of his Mayoralty be expired.

His Table is, and also the Table of each Sheriff, such, that it is not only open all the year to all commers, strangers, and others, that are of any quality, but so well furnish­ed, that it is always fit to receive the great­est Subject of England, or of other Poten­tate; nay, it is recorded, that a Lord May­or of London hath feasted four Kings at once at his Table.

His domestick Attendance is very hono­rable, he hath seven Officers that wait on him, who are reputed Esquires by their places, that is, the Sword-bearer; the Common Hunt, who keepeth a gallant Kennel of Hounds for the Lord Mayors Re­creation abroad; the Common Cryer, and four Water Bailiffs. There is also the Co­roner, three Sergeants Carvers, three Ser­geants of the Chamber, a Sergeant of the Channel, four Yeomen of the Water-side, one Under-water Bailiff, two Yeomen of the Chamber, three Meal-weighers, two Yeomen of the Wood-wharfs, most of which have their servants allowed them, and have Liveries for them­selves.

[Page 211]His State and Magnificence is remark­able, when he appears abroad, which is usually on horse-back with rich caparison, himself alwayes in long Robes, sometimes of fine Scarlet cloth richly furred, some­times Purple, sometimes Puke, with a great Chain of gold about his neck, with many Officers walking before, and on all sides of him, &c. but more especially on the 29. of October when he goes to Westmin­ster in his Barge, accompanied with all the Aldermen, all his Officers, all the several Companies or Corporations in their several stately Barges, with their Arms, Colours, and Streamers; and having there in the Ex­chequer Chamber taken his solemn Oath to be true to the King, returns in like man­ner to Guild-Hall, that is the great Com­mon Hall of Guilds or incorporated Con­fraternities, where is prepared for him and his Brethren a most sumptuous Dinner, to which many of the great Lords and Ladies, and all the Judges of the Land are in­vited.

This great Magistrate upon the Death of the King, is said to be the prime person of England; and therefore when King James was invited to come and take the Crown of England, Robert Lee, then Lord MAYOR of London subscribed in the first place, be­fore all the great Officers of the Crown, and all the Nobility.

He is usually chosen on Michaelmas day, out of the 26 Aldermen, all persons of great wealth and wisdom.

[Page 212]His Authority reaches not only all over this great City, and a part of the Suburbs, but also on the famous River of Thames Eastward as far as Yendale or Yenleet, and the mouth of the River Medway, and West­ward as far as Colny ditch above Stanes Bridge▪ He hath power to punish and cor­rect all that shall annoy the Stream, Banks, or Fish, onely the strength and safety of the River against an Invasion, and securing Mer­chandizing and Navigation by Blockhou­ses, Forts, or Castles is the Care of the King.

To the Lord Mayor and the City of Lon­don belong divers Courts of Judicature of high importance. The highest and most antient Court is that called the Hustings (i. e.) Domus Causarum, which doth pre­serve the Lawes, Rights, Franchises, and Customs of the City. There is a Court of Requests or Conscience. The Court of the Lord Mayor and Aldermen, where also the Recorder and Sheriffs sit. Two Courts of the Sheriffs, one for each Counter. The Court of the City Orphans, whereof the Mayor and Aldermen have the custody. The Court of Common-Council consist­ing (as the Parliament of England) of two Houses, one for the Lord▪ Mayor and Aldermen, and the other for the Com­moners: in which Court are made all By-laws which bind all the Citizens of London; for every man either by himself, or by his Representative gives his Assent thereunto, wherein consists the great hap­piness of the English Subject above all the [Page 213] Subjects of any other Prince in the world, that neither in Laws nor By-laws, neither in Taxes or Imposts, any man is obliged, but by his own consent. There is another Court of the Chamberlain of the City, to whom belongs the Receipts of the Rents, and Revenues of the City, and to his Court the business of Apprentices, over whom he hath a great authority. To the Lord May­or also belongs the Courts of Coroner, and of Escheator, and another Court for the conservation of the River of Thames. Lastly, the Court of Goal-delivery held usually eight times a year at the Old-Baily, both for the City and Middlesex, for the Tryal of Criminals, whereof the Lord Mayor is the chief Judge; and hath power of reprieving condemned persons.

There are other Courts called Ward­mote, or the meeting of Wards, whereof there are 26 in the whole City: In which Court inquiry is made into all things that can conduce to the regulating and well go­verning of the City. Also the Court of Hall mote, or Assembly of every Gild or Fraternity for regulating what belongs to each Company in particular.

The Traders of London are divided into Companies, or Corporations, and are so many Bodies Politique: Of these there are 12, called the chief Companies, and he that is chosen Lord Mayor must be free of one of these Companies, which are 1 Mercers, 2. Grocers, 3. Drapers, 4. Fishmongers, 5. Goldsmiths, 6. Skin­ners, [Page 214] 7. Merchant-Taylors, 8. Haber­dashers, 9. Salters, 10. Ironmongers, 11. Vintners, 12. Clothworkers: All which Companies have Assembly places called Halls, which are so many Basilikes or Pa­laces, and many of them worthy to be viewed by all Strangers. It hath been the custom of some of our Kings, to honour some of these Companies by taking their freedom thereof; and the present King was pleased to be made free of the Company of Grocers, and the present Prince of Orenge, lately chose to be made free of the Com­pany of Drapers.

There are besides near 60 other Compa­nies, or Corporations, all enjoying large Priviledges by the Kings Gracious Char­ter, granted unto them, and fair Halls to meet in.

For the security and defence of this fa­mous City and River, there have been an­tiently divers Fortresses; but that called the Tower of London, hath been eminent above all others. It is not only a Fort or Cittadel, to defend and command both City and River, but a Royal Palace, where our Kings with their Courts have sometimes lodged; a Royal Arsenal, where are Arms and Ammunition for 60000 Sol­diers; the Treasury for the Jewels and Or­naments of the English Crown; the only Mint for coyning of Gold and Silver; the great Archive where are conserved all the Records of the Court of Westminster; the chief Prison for the safe custody of great [Page 215] Persons that are Criminal: in short, if the great extent thereof within the Walls be considered, and its authority over the se­veral Hamlets without, and the many high Priviledges and Liberties belonging thereto, it may rather be reputed a City then a Cittadel.

The Tower of London is out of all Coun­ty or Parish (only a small part, some hold to be in Middlesex) is a liberty of it self, exempt from all Taxes to the King, to the Church, or to the Poor. It hath a Pa­rochial Church, exempt ftom all Ecclesi­astical Jurisdiction of the Archbishop, and is a Donative bestowed by the King with­out Institution or Induction. There are Thirteen Hamlets in several Parishes, of large extent, belonging to the Tower, whose Trainbands are all bound to assist the Constable or Lieftenant of the Tower, they are all called the Kings Company, are to wait on the Kings person in time of need, and to go no farther than the King.

Within the Tower is kept the Office of Master of the Ordnance, called in France, le grand Mastre de l' Artillerie so called, ab arte telorum mittendorum) and hath been alwayes an Office of great Account and Importance, commonly conferred on per­sons of great eminency and integrity. It hath the ordering of that grand Magazin there lodged, wherein, and at the Minories, Woolwich, and Chatham is Ammunition at all times for as many Land and Sea forces [Page 216] as may not onely defend England, but be formidable to all our Neighbours.

The place of Master of the Ordnance, is, since the death of that accomplished Gentleman Sir William Compton, executed by Commissioners, viz. by the Lord John Berkley, now Lord Lieutenant of Ireland, Sir John Duncomb Knight, and Thomas Chichely Esquire.

Lieutenant of the Ordnance, is David Walter Esquire, and Groom of his Maje­sties Bed-chamber, and the Pay-master is Captain George Wharton; Surveyor is Jonas More Esquire; Keeper of the Stores is Richard March Esquire; Clerk of the Ordnance is Richard Sherborn Esquire; Clerk of the Deliveries is George Clerk Es­quire. Under which several Officers there are many Officers and Servants, for brevity sake to be passed over.

The forementioned Commissioners have the charge and superintendence of all the Ordnance, Arms offensive, Ammunition of War by Sea and Land.

The Lieutenant of the Ordnance is Trea­surer, doth receive and disburse all moneys touching this Office.

The Surveyor of the Ordnance doth su­pervise all Arms.

Clerk of the Ordnance is to record all Orders touching that Office.

Keeper of the Stores is to have the cu­stody of all the Arms offensive.

Clerk of the Deliveries takes Indentures for all Stores issued out.

[Page 217]All these hold by Patent immediately from the King.

All Inferior Officers and Artificers pla­ces, are in the gift of the Master, or Com­missioners of the Ordnance.

Moreover, in the Tower is kept the of­fice of Warden of the Mint, where onely, of later times, is minted all the Bullion that is minted in England.

The Warden of the Mint is a very con­siderable charge, and is at present Sir An­thony St. Leger.

Master Worker is Henry Slingsby Esquire. Comptroller is James Hore Esquire. These hold by Patent of the King.

Assay-Master to try the pureness of the Mettal, is Mr. John Brittle.

Surveyor of the Meltings, and Clerk of the Irons, is Mr. Thomas Swallow.

There is moreover, a Weigher, a Teller, and a Graver; all which five last named Officers hold also by Patent from the King, but are to be approved by the three first Commissioned Officers, in whose custody is all Money or Bullion brought in by the Subject.

There are besides many other Inferior Officers and Servants belonging to the Mint.

The office of His Majesties Records, kept in the Tower of London, is of venerable Antiquity, and the place of Keeper, and Deputy of the same, dignified with special trust, whereof Sir Algernon May Knight, is at present the Keeper, salary 500 l. per [Page 218] annum; and William Ryley Esquire, of the Inner Temple, is Deputy thereof.

This place is properly in the Master of the Ro'ls his gift; and then His Majesty by His Letters Patents, hath usually con­firmed it.

As the Chappel of the Rolls in Chancery-lane, and Petty-Bag office, doth fill with Records out of other Offices, they are transmitted into the Tower after some years, for it hath been the wisdom and care of former Ages, to send the Records of seve­ral Courts to the Tower; for their preser­vation and safety, not onely as a Policy of State, but the particular Interest of all Men, having Estates requiring it, there being many precedents for it remaining in the Records of the Tower; and a parti­cular Form of a Writ to send the Records in the Chappel of the Rolls to the Tower of London. The Records of the Tower (a­mongst other things) contain the Foun­dations of Abbeys, and other Religious Houses, and the Records in the Rolls contain the dissolution of those Abbeys, and the donation of the Lands, of which, many Families are now possest; and if those Records were all in one place, the people might have access unto them, all under one and the same search and charge, which would be a great ease and benefit to the people, and a safety to the Records of this Nation.

[Page 219]Besides these Records at the Rolls being joyned to those in the Tower, will make a perfect continuance of all the Ancient Rights of the English Nation, which are now set forth in the Records of the Tower, whereof these following are a few heads or particulars of them, viz.

The Leagues of foreign Princes, and the Treaties with them.

And all the Atchievements of this Na­tion in France, and other Foreign Parts.

The Original of all the Laws that have been Enacted or Recorded, until the Reign oi Richard the Third.

The Homage and Dependency of Scot­land upon England.

The Establishment of Ireland, in Laws and Dominions.

The Dominion of the British Seas, to­tally excluding both the French and Hol­lander to Fish therein, without Licence from England, proved by Records before the Conquest.

The Interest of the Isle of Man, and the Isles of Jersey, Gernsey, Sark, and Al­derny; which four last are the remaining part of the Norman possession.

The Title to the Realm of France, and how obtained.

And all that the Kings or Princes of this Land, have until that time done abroad, or granted or confirmed unto their Subjects at home or abroad.

[Page 220]Tenures of all the Lands in England, Extents or Surveys of Mannors and Lands, Inquisitions, post mortem, being of infinite advantage upon tryals of Interest or Des­cent.

Liberties and Priviledges granted to Cities and Towns Corporate, or to private Men; as Court-Leets, Waiffs, Estrays, Mercats, Fairs, Free warren, Felons Goods, or what else could come to the Crown, or pass out of it.

Several Writs, Pleadings, and Proceed­ings, as well in Chancery, as in all the Courts of Common Law, and Exchequer.

Inspeximus's and Inrolments of Charters and Deeds, made and done before the Con­quest, Deeds and Contracts between party and party, and the just establishment of all the Offices in the Nation.

The Metes and Bounds of all the Forests in England, with the several respective Rights of the Inhabitants therein to Com­mon of Pasture, &c. Besides many other Priviledges and Evidences, which are too long to be here repeated or inserted.

And are therefore in the Petition of the Commons of England in Parliament, An. 46 Edw. 3. num. 43. said to be the perpe­tual Evidence of every Mans right, and the Records of this Nation, without which no story of the Nation can be written or proved.

These Records are reposited within a cer­tain Place or Tower, called Wakefield [Page 221] Tower, adjoyning to the Bloody Tower, near Traytors Gate. There is another place called Julius Caesars Chappel in the White Tower: The going up to this Chappel, is in Gold Harbor, Eighty four Steps up, with Six or eight great Pillars on each side, and at the upper end thereof, there was a Mar­ble Altar; which in the late times of Re­bellion, was caused to be beaten down, as a Monument of Tyranny and Supersti­tion.

There are many Cart load of Records lying in this place, out of which, William Prynne Esquire, late Keeper of the same, with indefatigable labor, Collected and Printed many of Publick Utility. Annis, 1659, 1660, 1662, 1664. in Four several Volumes, beginning Primo Regis Johannis, for before that time there are no Rolls, but onely Chartae Antiquae, or Ancient Transcripts made and done, before and since the Conquest, until the beginning of King John. Then follows His Son Henry the Third, where the first Offices Post Mor­tem begins. Then there is Edward the First, Second, and Third, Richard the Se­cond, Henry the Fourth, Henry the Fifth, Henry the Sixth, and Edward the Fourth, and the Inquisitions Post Mortem, of Ri­chard the Third, who reigned onely Three years. The Rolls of that King are in the Chappel of the Rolls in Chancery Lane.

The Rolls in the Tower are variously distinguished, viz. Rotuli Patentium Car­tarum Parliamentorum, Clausarum finium, [Page 222] Scotiae, Vasconiae, Franciae, Hiberniae, Walliae, Normanniae, Alemanniae, Oblatae, Liberatae, Extractae, Perambulationes, Fo­restae, Scutag. Rotul. Marescal, Romae, de Treugis Chart. & Patent. fact. in partibus transmarinis. Patent de Domibus Judaeo­rum Protection. de Perdonation. &c. Sta­pulae, cum multis aliis, which are lately de­picted upon the outside of every Press in the Repository belonging to each Kings Reign, and very easily to be brought forth for the use of the Client.

By a Table of Orders hanging up in the said Office, and subscribed by the Keeper hereof.

The same is to be kept open, and con­stantly attended for all Resorters thereto, from the hours of Seven till eleven of the Clock in the Morning, and from One till five in the Afternoon, every day of the week, except in the Moneths of December, January, and February, and in them, from Eight till eleven in the morning, and from One to four in the Afternoon, except on Holidays, Publick Fasting and Thanks­giving days, and times of great Pesti­lence.

The Governor of this great and impor­tant Fortress, being called The Lieutenant of the Tower, is usually a Person of great worth and fidelity, who is, Virtute Officii, to be in Commission of the Peace for the Counties of Kent, Surrey, and Middlesex. He is High Steward of a Court there held▪ [Page 223] hath a Deputy, and may refuse an Habeas Corpus, may give Protection to all Debtors belonging to the Tower, Infra Regnum Angliae. Hath the Priviledge to take Unam lagenam, Two Gallons and a Pint Ant [...] malum, & retro, of all Wine Ships that come, and to be, as some hold, Custos Ro­tulorum of the County of Middlesex. His Salary is 200 l. per annum. His usual Fee for every Prisoner sent to the Tower, who are commonly Men of Estates is 20 l. and 3 l a week for an Esquire, and 5 l. for a Knight. For a Baron or above 50 l. at entrance, to whom the King allows weekly 10 l. whereof two parts go to the Prisoner, the third to the Lieutenant for Lodgings and Diet; and 50 l. to the Lieutenant up­on the Prisoners discharge.

The present Lieutenant of the Tower is Sir John Robinson Baronet.

The Gentleman Porter of the Tower holds his place by Patent, and at the en­trance of a Prisoner, hath for his Fee Vesti­menta superiora, or else a Composition for the same.

The Gentleman Jaylor is put in by the Lieutenant of the Tower, his Fee is 41 s. of a Gentleman, and 5 l. of a Knight: Then there are Forty Warders of the Tower, accounted the Kings Domestick Servants, and sworn by the Lord Chamber­lain of His Majesties Houshold, or by the Clerk of the Check.

The Moneys allowed by the King to the several Officers and Servants in the Tower, [Page 224] and for keeping in repair that huge structure, amounts to a vast sum.

Near the Tower is S. Katherines, which hath a Royal Jurisdiction for the Ecclesia­stical Causes and Probate of Wills, and belongeth to the Queen, Dr. Bud is Com­missary; from whom, if any will appeal, it must be to the King in His Court of Chancery, who thereupon issueth out a Commission under the Great Seal, as in Appeals from the Arches or Preroga­tive.

The next thing remarkable in the City of London, may be the Bridge; which, for admirable Workmanship, for vastness of Foundation, for all Dimensions, and for the solid, stately Houses, and rich Shops built thereon, surpasseth all others in Eu­rope; it hath Nineteen 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.

[Page 225]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.

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.

[Page 228]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.

[Page 229]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 [Page 230] 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 coming in not too late. This office is now kept in Bishopsgate-street.

Of the Kings great Wardrobe.

THis Office was usually kept within the City, near Puddle Wharfe, in an antient House built by Sir John Beau­champ, Son to Guy de Beauchamp, Earl of Warwick, and afterward sold to King Edward the Third.

The Master or Keeper of the Great War­drobe [Page 231] is an office of great Antiquity and Dignity.

High Privileges and Immunities were conferred by Henry the Sixth, and con­firmed by his successors, King James en­larged the same, and ordained that this Great Officer should be an incorporation or Body Politique for ever.

His Office is to make Provisions for Coronations, Marriages, and Funerals, to furnish the Court with Beds, Hangings, Carpets, and other necessaries; to furnish Houses for Ambassadors at their first ar­rival here; Presents for Foreign Princes and Ambassadors, Cloaths of Estate, and other furniture for the Lord Lieutenant of Ireland, Lord President of Wales, and all His Ma­jesties Ambassadors abroad, to provide all Robes for Foreign Knights of the Garter, for the Officers of the Garter, Coats for He­ralds and Pursuivants at Arms, Robes for the Lord Chancellor, Lord Treasurer, &c. Rich Liveries for the two Lords Chief Jus­tice, all the Barons of the Exchequor, di­vers Officers in those Courts, all Liveries for His Majesties domestick servants: all Linnen for the Kings person, &c.

To defray all the forementioned charg­es, ordinarily there is expended yearly, about twenty five thousand pounds, besides all Extraordinaries, as Coronations, Fu­nerals, &c.

This Office is at present enjoyed by Ed­ward Montague, Earl of Sandwich, one [Page 232] of His Majesties most Honourable Privy Council, and Knight of the most Noble Order of the Garter.

The present Salary to his Lordship in compensation of all other antient Fees and Allowances is yearly 2000 l.

The said House near Puddle Wharfe was long ago annext for ever to the Master of this Office; but since the great Fire this Office is kept in the Savoy.

The chief Officers under the Master are, a Deputy, Thomas Townsend Senior, Esq his Salary 200 l. and a Clerk, Thomas Townsend Junior, Esq whose Salary in com­pensation of all Fees and Allowances is yearly 300 l.

Both these Officers had likewise fair dwelling houses, which were also consumed by the fire.

Belonging to this Office are divers Tradesmen, Artificers, and others, to the number of about 40 all sworn Servants to the King.

To this Office have lately been added by Patent, during pleasure, two cousiderable Officers, viz. a Controuler, Andrew New­port Esquire, Brother to the Lord New­port; and a Surveyour, Colonel Bullen Reymes, whose Salaries are 300 l. yearly to each one.

Of the Colledges in London.

THe Famous City of LONDON may not unfitly be stiled an Univer­sity, [Page 233] for therein are taught all Liberal Arts and Sciences, not onely Divinity, Civil Law, Physick, which in other Universities are usual, are read here, but also the Muni­cipal or Common Law of the Nation is here taught, and Degrees taken therein, which can be said in no other Nation: Moreover all sorts of Languages, Geo­graphy, Hydography, the Art of Na­vigation, the Art of Fortification, Ana­tomy, Chirurgery, Chymistry, Calli­graphy, Brachygraphy, or Short-Hand, the Arts of Riding, Fencing, Dancing, Art Military, Fire-works, Limming, Painting, Enamelling, Sculpture, Archi­tecture, Heraldry, all sorts of Musick, Arithmetick, Geometry, Astronomy, Grammar, Rhetorick, Poetry, and any other thing that may any way contribute to the accomplishment of an ingenious No­bleman or Gentleman.

The Colledges of Municipal or Com­mon-Law Professors and Students, are 14 called still Innes, the old English word for Houses of Noblemen or Bishops, or of extraordinary note, and which is of the same signification with the French word Hostel at Paris.

There are Two Inns of Sergeants, Four Inns of Court, and Eight▪ Inns of Chan­cery.

The Inns of Chancery were probably so named; because there dwelt such Clerks as did chiefly study the forming of Writs, which regularly appertain to [Page 234] the Cursitors that are Officers of Chan­cery. The first of these is called Tha­vies Inn, begun in the Reign of Ed­ward the Third, and since purchased by Lincolns Inn, as was also Furnivals Inn, then there is Bernards Inn, New Inn, Clements Inn, Cliffords Inn, antiently the House of the Lord Clifford, Staple Inn belonging to the Merchants of the Staple; and Lyons Inn, antiently a common Inn with the Sign of the Lyon.

These were heretofore preparatory Col­ledges for younger Students, and many were entred here, before admitted into the Inns of Court.

Now they are for the most part taken up by Atturneys, Sollicitors and Clerks, who have here their Chambers apart, and their Dyet at a very easy rate in a Hall, together where they are obliged to appear in grave long Robes, and black round knit Caps. These Colledges belong all to some Inns of Court, who send yearly some of their Barresters to read to to these. In these Inns of Chancery one with another, may be about Sixty persons.

The Innes of Court were so named, as some think, because the Students there­in are to serve the Courts of Judica­ture; or else because antiently these Col­ledges received onely the Sons of Noble men, and better sort of Gentlemen, as Fortescue affirmeth.

[Page 235]Of these there are Four: First, The Two Temples, heretofore the dwelling of the Knights Templers, and purchased by some Professors of the Common Law, above Three hundred years ago. They are called The Inner and Middle Temple, in relation to Essex House, which was a part of the Knights Templers, and called The Utter Temple, because it is seated without Temple Bar.

The two other Inns of Court are Lin­colns Inn, belonging anciently to the Earls of Lincoln; and Greys Inn belonging to the Noble Family of the Greys.

In the Reign of Henry the Sixth, they so flourished, that there were in each of these about Two hundred Students, and a Stu­dent then expended yearly about 20 l. Which was as much as Two hundred pounds now; for they had usually (as the French Nobles have now in their Acade­mies) every one an old discreet Servant, and divers Masters for to instruct them in all laudable qualities; and therefore, saith the same Fortescue, Ultra Studium legum, sunt quasi Gymnasia omnium morum. And the Students were onely, saith he, Nobili­um Filii, that is, Gentlemen, at least; for so the word Nobilis was then taken here, and is still in France: And therefore by command of King James, none were to be admitted into these Colledges, but Gen­tlemen by descent. Our Ancestors thought those of inferior rank, would rather debase the honor of the Law, and would be prone [Page 236] to chicane, or play tricks, and not like to be so fit for Trusts and Honors, whereas the consideration of Birth and Fortune, makes Men more careful of their Honor and Reputation.

These Societies are no Corporations, nor have any Judicial Power over their Members, but have certain Orders among themselves, which have, by consent, the Force of Laws: For lighter offences they are onely excommoned, or put out of Com­mons, not to eat with the rest; and for greater offences they lose their Chambers, and are expelled the Colledge; and being once expelled, they are never received by any of the Three other Societies. Which deprivation of Honor to young generous Spirits, is more grievous then perhaps de­privation of life.

These also, when they meet at Chappel or Hall, or at Courts of Justice, wear a grave black-Robe and Cap, at other times walk with Cloak and Sword.

There are no Lands or Revenues belong to these Societies, which being no Corpo­rations, are not enabled to purchase, not have they any thing for defraying the charges of the House, but what is paid at Admittances, and Quit-Rents for their Chambers.

The whole Company of Gentlemen in each Society, may be divided into Four parts, Benchers, Utter Barristers, Inner Barristers, and Students.

Benchers are the Seniors, to whom is [Page 237] committed the Government, and ordering of the whole House; and out of these, is chosen yearly a Treasurer, who receiveth, disburseth, and accounteth for all Moneys belonging to the House.

Utter Barristers are such, as, For their Learning and Standing, are called by the Benchers to plead and argue in the Society doubtful Cases and Questions, which are called Moots (from meeting the old Saxon word for the French Assemble, or else from the French Mot a word.) And whilest they argue the said Cases, they sit uttermost on the Forms or Benches, which they call the Bar.

Out of these Mootmen are chosen Read­ers for the Inns of Chancery, belonging to the Inns of Court, whereof they are Mem­bers; where in Term time, and grand Va­cations they argue Cases in the presence of Attorneys and Clerks.

All the rest are accounted Inner Bar­risters, who for want of Learning or Time, are not to argue in these Moots; and yet in a Moot before the Benchers, two of these Inner Barristers sitting on the same Form with the Utter Barristers, do for their Ex­ercises recite by heart the pleading of the same Moot Case in Law French; which Pleading is the Declaration, at large, of the said Moot-Case; the one taking the part of the Plaintiff, and the other of the Defendant.

The year also amongst them, is divided into three parts, The Learning Vacation, [Page 238] the Term-times, and the dead or mean Vacation.

They have two Learning Vacations, viz. Lent Vacation, which begins the first Monday in Lent, and continueth three weeks and three days; and Summer Vaca­tion, which begins Monday after Lammas-day, and continueth also three weeks and three days. In these Vacations are the greatest Conferences and Exercises of Study in manner following.

The Benchers appoint the eldest Utter Barrester to read amongst them openly in the Hall, whereof he hath notice half a year before. He then, the first day about eight of the clock makes choice of some Act or Statute, whereupon he grounds his whole Reading for that Vacation, and de­clares such mischiefs and inconveniencies as were unprovided before the same Act, and now are provided by the said Act, and then reciteth certain Doubts and Questi­ons, which he hath devised, that may grow upon the said Statute, and declareth his Judgment therein: After which, one of the younger Utter Barresters repeateth one Question propounded by the Reader, and doth by way of Argument labor to prove the Readers opinion to be against Law; and after him, the Senior Utter Barrester and Readers, one after another, accord­ing to Seniority, do declare their Opinions and Judgments in the same: And then the Reader, who did put the Case, endeavo [...] [Page 239] to confute Objections laid against him, and to confirm his own Opinion: After which, the Judges and Sergeants, if any be present, declare their Opinions; then the youngest Utter Barrester again re­hearseth another Case, which is prosecuted as the former was. And this Exercise con­tinueth daily about Three or four hours.

Out of those who have read once in the Summer Vacation, and are Benchers, is chosen always one to read in Lent, who observes the like manner of Reading, as before is expressed.

Out of these Readers usually the Ser­geants are chosen.

The manner of Mooting in the Innes of Court, is thus.

IN these Vacations after Supper in the Hall or, after Drinking on Fasting-nights, the Reader with one or two of the Benchers comes in, to whom one of the Utter Barresters propounds some doubtful Case; which being argued by the Benchers, and lastly, by him that moved the Case, the Benchers sit down on the Bench, at the upper end of the Hall, whence they are called Benchers: And upon a Form, in the middle of the Hall, sit two Inner Bar­resters; and on both sides of them, on the same Form, sitteth one Inner Barrester, who doth in Law French declare to the [Page 240] Benchers (as Sergeants do at the Bar in the Kings Courts to the Judges) some kinde of Action; the one being, as it were, retained for the Plaintiff, and the other for the Defendant: Which ended, the two Utter Barresters argue such Questions, as be disputable within the Case. After which, the Benchers do likewise declare their Opi­nions, how they take the Law to be in those Questions.

In these Mootings, the Junior always argueth first, as is used amongst the Judges in the Exchequer Chamber, and amongst the Sergeants in open Courts of Judica­ture. The Inner and Utter Barrester plead here in Law French, and the Benchers in English; and at the Readings, the Readers Cases are put in English.

Mootings in the Inns of Chan­cery, are thus.

IN the Learning Vacations, each Utter Barrester, who is a Reader in the Inns of Chancery, go with two Students of the same Inn of Court, to the Inn of Chancery, where he is appointed to Read, and there meet him commonly two of each Inns of Court, who sitting as the Benchers do in the Inns of Court at their Moots, they hear and argue his Case.

In the Four Inns of Chancery that are situated in Holborn, the Moots are read, [Page 241] either by those of Greys Inne or Lincolns Inne, the others by the two Templers.

In Term time, the only Exercises of Learning, is arguing and debating Cases, after Dinner, and Mooting after Supper, in the same manner as in the Vacation time.

The time between the learning Vacations and Terms, is called the mean Vacation, during which time every day after Dinner, Cases are argued, as at other times; and after Supper, Mootes are brought in and pleaded by the Inner Barresters, in the presence of the Uutter Barrester, which sit there in the Room of the Benchers, and argued by them, as the Benchers do in Term time and learning Vacation.

The Manner of keeping a Christ­mas in any of the Innes of Court, thus.

THe Students hold a Parlament be­fore Christmas, and in case there be in London no Pestilence, and that the House is furnished with such a number of Stu­dents, and of such quality as are meet to keep a solemn Christmas; then are cho­sen and appointed certain of the Students to be Officers, in imitation of the Kings Court, as Comptroller, Treasurer, &c. [Page 242] These bear rule in the House during the whole time of Christmas; and are to be­have themselves in that Port, Gravity, and Authority, as if they were so in the Kings House, that so hereafter, they may know the better to behave themselves in case they should be promoted to that Ho­nour: for these Gentlemen are usually of such quality, as come not hither with in­tent to profess the Law, but to learn so much Law, as may be necessary to pre­serve their Estates, and to make them­selves accomplisht in other qualities, ne­cessary for Gentlemen.

At such time, they have here divers di­vertisements, as Feasting every day, sing­ing, dancing, Musick which last is allowed there to all Comers, and is so excessive, that what the Dicers allow out of each winning to the Butlers box, usually amounts to above 50 l. a day and night, wherewith, and a small contribution from each Student, are the great charges of the whole Christ­mas defrayed.

Sometimes, when their publick Treasu­ry is great, they create a Prince among themselves, with such Title, as they please to give him, and he hath all his Officers, and a Court sutable to a great Prince, and many of the prime Nobility and great Officers of State, are feasted and enter­tained by him with Enterludes, &c.

From All Saints day to Candlemas, each House usually hath Revels on Holy-dayes, that is, Musick and Dancing; and for this [Page 243] is chosen some young Student to be Master of the Revels.

Note , that the manner of their Parla­ment is briefly thus.

Every Quarter commonly, the Benchers cause one of the standing Officers of the House to summon a Parlament, which is onely an Assembly and Conference of Ben­chers and Utter-Baristers, which are cal­led the Sage Company, and meet in a place called the Parlament Chamber, and there Treat of such matters, as shall seem expedient for the good ordering of the House, and the Reformation of such things as they shall judge meet to be Reformed. Here are the Readers for Lent and Sum­mer vacation elected, also the Treasurer is here chosen, and the Auditors appoint­ed to take the Accounts of the old Treasu­rer, &c. Here offences committed by any of the Society are punished, &c.

These Innes of Court are most wisely situated by our Ancestors, between the Kings Courts of Judicature, and the most opulent City of London.

In the Four Innes of Court are reckoned about 800 Students.

Lastly, there are two more Colledges called Sergeants Inne, where the Common-Law Student, when he is arrived to the highest degree, hath his Lodging and Dy­et. These are called Servientes ad Legem, Sergeants at Law, and are as Doctors in [Page 244] the Civil Law, only these have heretofore been reputed more Noble and Honourable, Doctoris enim appellatio est Magisterii, Ser­vientis vero Ministerii, and therefore Doctors of Law are allowed to sit within the Bar in Chairs and covered, whilst Serge­ants stand without the Bar bareheaded, only with Coiffs or Caps on.

To arrive to this high Degree, take this brief account.

The young Student in the Common Law, being born of a Gentile Stock, and bred two or three years in the University, and there chiefly versed in Logick and Rheto­rick, both expedient for a Lawyer, and gotten some insight into the Civil Law, and some skill in the French Tongue, as well as Latin, he is admitted to be one of the Four Innes of Court, where he is first called a Moot man, and after about Seven years study, is chosen an Utter Ba­rister, and having then spent Twelve years more, and performed the Exercises before mentioned, he is chosen a Bencher, and some time after a Reader: during the Read­ing which heretofore was Three weeks and Three days, the Reader keeps a constant and sumptuous Feasting, inviting the chief Nobles, Judges, Bishops, great Of­ficers of the Kingdom, and sometimes the King himself (as that most accomplished Lawyer, the present Atturney General did) that it costs them sometimes 800 or 1000 l. [Page 245] Afterward he wears a long Robe, different from other Baristers, and is then in a ca­pacity to be made a Sergeant at Law, when His Majesty shall please to call him, which is in this manner.

When the number of Sergeants is small, the Lord Chief Justice of the Common Pleas, by the advice and consent of the other Judges, make choice of Six or Eight, more or less, of the most Grave and Lear­ned of the Innes of Court, and presents their Names to the Lord Chancellor or Lord Keeper, who sends by the Kings Writ, to each of them to appear on such a day before the King, to receive the State and Degree of Sergeant at Law; at the appointed time, they being habited in Robes of two colours, viz. Brown and Blew; come accompanyed with the Stu­dents of the Innes of Court, and atten­ded by a train of Servants and Retainers, in certain peculiar cloth Liveries, to West­minster-Hall, there in publick take a so­lemn Oath, and are clothed with certain Robes and Coyfs, without which they may no more be seen in publick; after this they feast the great persons of the Nation, in a very magnificent and Prince­ly manner, give Gold Rings to the Prin­ces of the Blood, Archbishops, Chancel­lor and Treasurer, to the value of Forty shillings each Ring: to Earles, Bishops, Rings of Twenty shillings: to other great Officers, to Barons, great Prelates, &c. Rings of less value.

[Page 246]Out of these are chosen all the Judges of the Kings Bench and Common Pleas, wherefore all those Judges do alwayes wear the white Linnen Coyfe, which is the Prin­cipal Badge of a Sergeant, and which he had ever the Priviledge to wear at all times, even in the Kings presence, and whilst he spake to the King, though anti­ently it was not permitted to any Subject, to be so much as capped in the Presence of the King of England, as at present it is not allowed in the presence of the Pope or of the Emperour.

When any of the aforementioned Judg­es are wanting, the King by advice of His Council, makes choice of one of these Sergeants at Law, to supply his place, and constitutes him by Letters Patents, Sealed by the Chancellor, who sitting in the middle of the rest of the Judges in open Court, by a set Speech declares to the Sergeant (that upon this occasion is brought in) the Kings pleasure, and to the people, the Kings goodness, in providing the Bench with such able honest men, as that Justice may be done expeditely and impartially to all His Subjects, and then causes the said Letters Patents to be read; and being departed, the Chief Justice pla­ces the said Sergeant on the Bench, ju­nior of all the rest; and having taken his Oath well and truly to serve the King and His people in the Office of Justice, to take no reward, to do equal and speedy [Page 247] Justice to all, &c. he sits himself to the Execution of his Charge.

The Sergeant being thus advanced to be a Judge, hath thereby great Honour, and a very considerable Salary, besides certain perquisits, for each one hath at least One thousand pound a year from the King; and now in some things, his former habit of a Sergeant is altered, his long Robe and Cap, his Hood and Coif are the same, but there is besides, a Cloak put over him, and closed on his right shoulder, and instead of a Caputium lined with Lambskin, now a Caputium lined with Minever, or de Minuto vario, divers small pieces of white rich Furre.

Note, that to the two Sergeants Innes belong the Twelve Judges, and about Twenty six Sergeants.

Antiently, the Fee expected by a Ser­geant from his Client for Advice given at his Chamber, or for pleading in any Court of Judicature, was no more then Twenty shillings, and the Fee of a Bari­ster Ten shillings, (which yet is much more then is usually given in any of our neighbour Nations at this day) but at pre­sent, it is become almost ordinary, to give some Setgeants Ten pound, and some­times Twenty pound, and to a Barister, half as much, at the hearing of any con­siderable Cause, whereby it comes to pass, that some Lawyers in one year gain in Fees Three thousand pounds, and some Four thousand pounds, and in few [Page 248] years purchase Estates fit for Lords, and sometimes live to see themselves advan­ced to be Peers of the Realm, as the late Lord Keepers, Coventry, Finch, and others.

Now all these forementioned Innes or Colledges for the Students in our Com­mon law, being not far distant one from another, do make the most famous Pro­fession of the Law that is in the World: and it will be a very difficult thing to find in any one Forreign University, so many Stu­dents of the Law, that are of that ripe age past Childhood, and of that high qua­lity, most Gentlemen, and a considera­ble number of the Sons of the higher No­bility.

Of the Colledge of Civilians, called Doctors Commons.

ALthough Degrees in the Civil Law may be had onely in Oxford and Cambridge, and the Theory best there to be acquired; yet the Practice thereof, is most of all in London, where a Colledge was long since purchased by Dr. Henry Harvey, Dean of the Arches, for the Professors of the Civil Law in this City; and where commonly did reside the Judge of the Arches, the Judge of the Admiralty, and the Judge of the Preroga­tive Court, with divers other eminent Civilians, who there living (for Diet and Lodging) in a Collegiate manner, and Commoning together, it was usually known by the name of Doctors Commons, and stood near S. Pauls, in the Parish of S. Bennets Pauls-Wharf; which being con­sumed by the late dreadful Fire, they now all reside at Exeter House in the Strand, in the same manner (until their House be rebuilt) and keep there their several Courts and Pleadings every Term, which begins and ends almost at the same time with the Term at Westminster.

The cheif Court of the Archbishop, is that of the Arches, whereof see more in [Page 250] the Chapter of the Ecclesiastical Govern­ment of England.

The Principal, Official, or Judge of this Court is stiled Dean of the Arches, and is at present Sir Giles Sweit Knight, Doctor of Laws.

He fitteth alone without any Assessors, and heareth and determineth all Causes, without any Jury of Twelve Men, as is necessary in Common Law Courts.

To this Court belongeth an Actuary, a Register, and a Beadle.

The Office of the Actuary is to attend the Court, set down the Judges Decrees, Register the Acts of the Court, and send them in Books to the Registry. This Office is enjoyed by John Clements, Batchelor of Laws, and Publick Notary.

The Register of the Court is another of the same name, whose Office is by himself, or Deputy to attend the Court, receive all Libels or Bills, Allegations and Exhibets, examines all Witnesses, Files all Sentences, and keeps the Records of the Court.

The Beadle attends the Court, carrieth a Mace before the Judge, and calls the Persons cited to appear.

Those that are allowed to be Advocates, and plead in this Court, are all to be Doctors of the Civil Law, in one of our English Universities; who upon their Peti­tion to the Archbishop of Canterbury, and his Fiat obtained, are admitted by the Judge of this Court, upon condition not [Page 251] to practice for one whole year, after such admittance.

The manner of their Admittance is thus, The Two Senior Advocates in their Scarlet Robes, with the Mace before them, con­duct him up to the Court, with three low Reverences, and present him with a short Latin Speech, and the Rescript of the Archbishop: Then the Oaths of Allegi­ance, Supremacy, and some other pre­scribed in the Statute of the Arches, being taken, he is admitted by the Judge, and a place or seat in the Court assigned unto him, which he is always to keep when he pleads.

The Judge and all the Advocates, in this Court, always wear their Scarlet Robes, with Hoods lined with Taffata, if they be of Oxford; or White Minever Fur, if of Cambridge; and all round, Black Velvet-Caps.

Here followeth a Catalogue of the Names of all the Advo­cates, according to Seniori­ty, not Precedence.

• DOctor Martin.
• Dr. Heath.
• Dr. King, Chancellor of Ely.
• Dr. Lewen, Knight. Master of Chan­cery.
• [Page 252]Dr. Aldern, Chancellor of Rochester.
• Dr. Wiseman, Knight. Kings Advocate.
• Dr. Chaworth, Knight. Vicar-General to the Archbishop of Canterbury.
• Dr. Walker, Knight. Advocate to the Lord High Admiral.
• Dr. Pepys.
• Dr. Mills, Chancellor of Norwich.
• Dr. Crusoe.
• Dr. Baldwin, Knight. Master of Chancery, and Chancellor of Worcester and Here­ford.
• Dr. Nicholson, Chancellor of Glocester.
• Dr. Lowen.
• Dr. Wake, Chancellor of Peterborough.
• Dr. Watkinson.
• Dr. Birkenhead, Knight. Master of Re­quest, and Master of the Faculties.
• Dr. Warren.
• Dr. Bud, Commissary of Huntingdon.
• Dr. Alworth, Chancellor of Oxford.
• Dr. Jones.
• Dr. Exton, Chancellor of London.
• Dr. Hughs.
• Dr. Lloyd, Commissary of Westminster.
• Dr. Boucher.
• Dr. Masters, Chancellor of Exeter.
• Dr. Clark, Professor of Law in Cambridge.
• Dr. Leighton, Knight.
• Dr. Digby.
• Dr. Low.
• Dr. Trumbal.
• Dr. Falconbridge.
• Dr. Pinfold, Official of the Archdeacon of London.
• [Page 253]Dr. Elliot, Chancellor of Salisbury.
• Dr. Raims.
• Dr. Briggs, Chancellor of Chichester.
• Dr. Oldys.
• Dr. Meal.

There we divers other Civilians, where­of some, not Advocates of this Court, are Chancellors to Bishops, or Commissaries; as

• Sir Mundiford Brampstone, Knight. Doctor of Laws, and Chancellor of Win­chester.
• Dr. Burrel, Chancellor of Durham.
• Sir Edward Lake Knight. Doctor of Laws, and Chancellot of Lincoln.
• Dr. Dean, Chancellor of Bath and Wells.
• Dr. Wainwright, Chancellor of Chester.
• Dr. Jones, Chancellor of Bristol.
• Chancellor of Carlisle, Rowland Nicols ▪ B. D.
• Mr. Awbery, Chancellor of S. Davids.
• Dr. Pennington, Chancellor of Bangor.
• Dr. Powell, Chancellor of S. Asaph.

Here note, That before the Vicar-General or Chancellors of the Bishops, are Tryable all Ecclesiastical Causes within their respective Diocesses, except Let­ters of Request are granted by the Dio­cesan Bishop to the Party, to sue in the Court of Arches, which is ordina­ry.

[Page 254]Note also, That the Vicars-Generals and Chancellors, are appointed by the re­spective Archbishops and Bishops, by Letters Patents under their Seals, and confirmed by the Dean and Chapter of the respective Cathedrals; before which Confirmation, those places are Durante bene placito.

The Proctors belonging to this Court aforementioned, are persons that exhibite their Proxies for their Clients, and make themselves parties for them, and draw and give in Pleas or Libells and Allegations, in the behalf of their Clients, produce the Witnesses, prepare the Causes for Sentence, and attend the Advocates with the Pro­ceedings.

They are also admitted by the Fiat of the Archbishop, introduced by the Two Senior Proctors, and are allowed to practise immediately after their admission; they wear Black Robes and Hoods lined with White Fur.

According to the Statutes of this Court, all Arguments made by Advocates, and all Petitions made by the Proctors, are to be in the Latin Tongue.

All Process of this Court, run in the name of the Judge, thus. Egi. Sweit, Miles, LL. Dr. Almae Curiae Cant. de Ar­cubus Lond. Officialis Principalis; and re­turnable before him heretofore in Bow [Page 255] Church; now in the Common Hall at Exeter House.

The Places and Offices belonging to this Court, are all in the gift of the Archbishop of Canterbury, whose Court it is.

Here note, That the next Morning after the sitting of this Court, the Judge of the Court of Audience did usually sit, but since the late Troubles, that Court hath been discontinued.

Next is the Court of Admiralty, where­of see more in Chapter of the Military Government.

The present Judge of this Court is Sir Leolin Jenkins, Knight. Doctor of Laws, whose Title is Supremae Curiae Admirali­tatis Angliae locum tenens Judex sive Prae­sidens. The Writs and Decrees run in the name of the Lord High Admiral, and are directed to all Vice-Admirals, Justices of Peace, Majors, Sheriffs, Bailiffs, Consta­bles, Marshals, and others, Officers and Ministers of our Soveraign Lord the King, as well within Liberties, as without.

To this Court belongs a Register, Or­lando Gee, Esquire; a Marshal, who at­tends the Court, and carries a Silver Oar before the Judge, whereon are the Arms of the King, and of the Lord High Admiral.

The Lord Admiral hath here his Advo­cate and Proctor, and all other Advocates and Proctors are presented by them, and admitted by the Judge.

[Page 256]This Court is held on the same day with the Arches, but in the afternoon, and heretofore at St. Margarets Hill in South­wark, but now in the same Common Hall at Exeter house. But the Admiralty Sessi­on is still held, for the Tryal of Male­factors, and Crimes committed at Sea, at the Antient place aforesaid.

The places and Offices belonging to this Court, are in the Gift of the Lord High Admiral.

Next, is another Court belonging to the Archbishop of Canterbury, called the Pre­rogative Court, whereof see more in the Chapter of the Ecclesiastical Government of England.

The Judge of this Court is the fore­named Sir Leolin Jenkins, and his Ti­tle here is, Curiae Prerogativae Cant. Ma­gister, Custos, sive Commissarius.

All Citations and Decrees run in the name of the Archbishop.

This Court is kept in the same Common Hall in the afternoon, next day after the Arches, and was heretofore held in the Consistory of St Pauls.

The Judge is attended by a Register, Marke Cottle Esquire, who sets down the Decrees, and Acts of the Court, and keeps the Records, all Original Wills and Testaments of parties dying, having Bona Notabilia, &c. The place is commonly called the Prerogative Office, now kept in the Savoy, where for a moderate Fee, one may search for, and have a Copy of any [Page 257] such Testament made since the Rebellion of Wat Tiler and Jack Straw, by whom many Records and Writings, in several places of London were then burnt and destroy­ed.

The Places belonging to this Court are in the Gift of the Archbishop of Canter­bury.

From the forementioned Courts, Ap­peals do lye to the Court of Delegates, whereof more pag. 76, the Judges where­of are appointed by the Lord Keeper un­der the great Seal of England, pro illa vi­ce, and upon every cause or business there is a new Commission, and new Judg­es, according to the nature of the Affair or Cause, as sometimes Bishops, Com­mon-Law-Judges, and Civilians, and some­times Bishops and Civilians, and some­times Common-Law-Judges and Civili­ans, and sometimes Civilians onely.

To this Court belongs a standing Regi­ster, and the Court is kept in the same Common Hall, in the afternoon, the day after the Prerogative.

The Citations and Decrees here run in the Kings Name.

From this Court lyes no Appeal in Common course.

But the King of His meer Prerogative Royal may, and many times doth grant a Commission of Review, under the Broad Seal,

In this Colledge also usually resides the Vicar-General, belonging to the Arch­bishop [Page 258] bishop of Canterbury, who as he is Pri­mate, hath the Guardianship of the Spi­ritualties of every Bishop within his Pro­vince during the Vacancy, and executes all Episcopal Power and Jurisdiction by his Vicar-General, who is at present in the Province of Canterbury, Sir Richard Cha­worth Knight, Doctor of Laws.

The Archbishop of York hath the like Power in his Province, and his Vicar-Ge­neral is Dr. Burnel, he also hath a Prero­gative Court, whereof the Judge is Dr. Levet.

Of the Colledge of Physitians in London.

AMongst other excellent Institutions in the City of London, there is a Col­ledge or Corporation of Physitians, who by Charters and Acts of Parliament of Henry VIII. and since his Raign, have certain Pri­viledges, whereby no man though a Gra­duat in Phsick, of Oxford or Cambridge, may without Licence under the said Col­ledge Seal, practice Physick in London, or within seven miles of this City, (nor in any other part of England, in case he hath not taken any Degree in Oxford or Cambridge.) Whereby also they can administer an Oath, fine and imprison any Offenders, in that and divers other particulars, can make By-Laws, [Page 259] purchase Lands, &c. Whereby they have Authority to search all the shops of Apothecaries in and about London, to see if their Drugs and Compositions are whole­some and well made; whereby they are freed from all troublesome Offices, as to serve upon Juries, to be Constable, to keep watch and ward, to bear Arms, or provide Armes or Ammunition, &c. any Member of that Colledge may practice Surgery if he please not onely in London, but in any part of England.

This Society had antiently a Colledge in Knight-Rider-Street, the Gift of Doctor Linacre, Physitian to King Henry the VIII. since which, a House and Ground was purchased by the Society of Physitians, at the end of Amen street, whereon the ever famous Dr. Harvey, Anno 1652. did erect at his own proper charge a Magnificent Structure, both for a Library and a Pub­lick Hall for the meeting of the several Members of this Society, endowed the same with his whole Inheritance, which he resigned up, while he was yet living and in Health, part of which he assigned for an Anniversary Harangue, to commemorate all their Benefactors, to exhort others to follow their good Examples, and to pro­vide a plentiful Dinner for the worthy Company.

Anno 1666. This goodly Edifice could not escape the Fury of that dreadful Fire, and that ground being but a Lease, the pre­sent Fellows of this Colledge have purcha­sed [Page 260] with their own Moneys, a fair piece of Ground in Warwick-lane, whereon they are now raising a sutable Edifice.

Of this Colledge there is a President, Four Censors, and Eight Elects, who are all Principal Members of the Society, and out of whom, one is every year chosen to preside.

The Four Censors of the Colledge have, by their Charter, authority to survey, cor­rect, and govern all Physitians, or others, that shall practise in London, or within seven miles of the same; to fine, amerce and imprison any of them, as they shall see cause.

• Socii Colleg. Med. Lond.
  • SIr George Ent, President.
  • Dr. Hamey.
  • Dr. Glisson.
  • Dr. Salmon ▪
  • Dr. Stane, Censor.
  • Sir Alexander Frasier.
  • Dr. Micklethwait.
  • Dr. Paget.
  • Dr. Timothy Clark.
  • [Page 261]Dr. Goddard, Censor.
  • Dr. King.
  • Dr. Cox.
  • Dr. Stanley.
  • Dr. Whistler.
  • Sir Charles Scarborough.
  • Dr. Wharton.
  • Dr. Merret, Censor.
  • Dr. Samuel Collins.
  • Dr. Rugeley
  • Sir William Petty.
  • Dr. Terne.
  • Sir John Babor.
  • Sir Edward Greaves.
  • Dr. Croyden, Censor.
  • Dr. Bevoir.
  • Dr. Wolfe.
  • Dr. Luellen.
  • Sir John Finch.
  • Dr. Banes.
  • Dr. Walter.
  • Dr. Burwell.
  • Dr. Rogers.
  • Dr. Mills.
  • Dr. Lang.
  • Dr. Betts.
  • Dr. Twisden.
  • Dr. Waldron.
  • Dr. Barwick.
  • [Page 262]Dr. Dacres.
  • Dr. Samuel Collins.
  • Dr. Collier.
  • Dr. James Clark.
  • Dr. Jasper Needham.
  • Dr. Henry Clark.
  • Dr. Carr.
  • Dr. Packer.
• Candidati.
  • Dr. Stracey.
  • Dr. Yerbury.
  • Dr. Allen.
  • Dr. Hodges.
  • Dr. Millington.
  • Dr. Parker.
  • Dr. Jo. Smith.
  • Dr. Lawson.
  • Dr. Coysh.
  • Dr. Bruce.
  • Dr. Brooks.
  • Dr. Howarth.
  • Dr. George Smith.
  • Sir Thomas Bathurst.
  • Dr. Francklin.
  • Dr. Atfield.
  • Dr. Downes.
  • Dr. Trevor.
  • [Page 263]Dr. Croone.
  • Dr. Browne.
  • Dr. Burwell.
  • Dr. Short.
  • Dr. Marshall.
• Socii Honorarii.
  • Dr. Frear.
  • Dr. Parker.
  • Dr. Gourdon.
  • Dr. Denton.
  • Sir John Colladon.
  • Dr. Meara.
  • Dr. Lampriere.
  • Dr. Bowle.
  • Dr. Bacon.
  • Sir Richard Napier.
  • Sir John Hinton.
  • Dr. Colestone.
  • Dr. Charleton.
  • Dr. Dawtrey.
  • Dr. Deodait.
  • Dr. Fogarsius.
  • Dr. Hames.
  • Dr. Jo. Skinner.
  • Dr. Timme.
  • Dr. Warner.
  • Dr. Harris.
  • [Page 264]Dr. Argall.
  • Dr. Arris.
  • Dr. Langham.
  • Dr. Meverell.
  • Dr. Stanley.
  • Sir Theodore de Veaux.
  • Dr. Witherley.
  • Dr. Titchborne.
  • Dr. Woodcock.
  • Dr. King.
  • Dr. Tayler.
  • Dr. Bright.
  • Dr. Moore.
  • Dr. Cursellis.
  • Dr. Walgrave.
  • Dr. Ball.
  • Dr. Duke.
  • Dr. Harrison.
  • Dr. Man.
  • Dr. Barebone.
  • Dr. Napier.
  • Dr. Gelsthorpe.
  • Dr. Griffith.
  • Dr. Walter Needham.
  • Dr. Moesler.
  • Dr. Carter.
  • Dr. Trapham.
  • Dr. Henry Glisson.
  • Dr. Charleton.
  • [Page 265]Dr. John Clark.
  • Dr. Cavendish.
  • Dr. Dennis Gourden.
  • Dr. Bridgood.
  • Dr. Yardley.
  • Dr. Browne.
  • Dr. Paman.
  • Dr. Fisher.
  • Dr. Grinder.
  • Dr. Lawrence.
  • Dr▪ Willis.
  • Dr. Dickenson.
  • Dr. Fielding.
  • Dr. Medford.
  • Dr. Grey.
  • Dr. Sagittary.
  • Dr. White.
  • Dr. Waterhouse.
• Permissi.
  • Dr. Wedderburn.
  • Dr. Trist.
  • Dr. Lenthall.
  • Dr. Barrough.
  • Dr. Broome.
  • Dr. Welman.
  • Dr. Vermuden.
  • Dr. Sydenham.

[Page 266]Antiently, the usual Fee of a Doctor was 20 s. and of one that had not taken that degree 10 s. at present there is no certain rule: But some that are eminent, have re­ceived in Fees yearly, 2 or 3000 l. and pur­chase great Estates; which in other Coun­treys is very rare.

Besides the worthy persons mentioned in the List above, there are divers Physitians, that have good practice in London, al­though they never had any Licence, which is connived at by the Colledge; and so is the too much practise of Empericks, Moun­tebanks, Pretended Chymists, Apotheca­ries, Surgeons, Wise-women, &c. In which piece of folly, the English surpass all the Nations of Christendom.

And yet, by the Law of England, if one who is no Physitian or Surgeon, or not expresly allowed to practise, shall take up­on him a Cure, and his Patient die under his hands; this is Felony in the person pre­suming so to do.

Of the Colledge of Heralds.

NOt far from the Colledge of Doctors Commons, stood the Colledge of Heralds, that is, of such as are to be Mes­sengers of War and Peace, that are skil­ful in Descents, Pedigrees, and Coats or [Page 267] Armories, an Ancient House, built by Thomas Stanley, Earl of Derby, who mar­ried the Mother of King Henry the Seventh, and bestowed by Queen Mary on the Kings Heralds, and Pursuivants at Arms for ever, to the end that they, and their Suc­cessors might dwell together (if they so pleased) and assemble, confer, and agree for the good Government of their Faculty, and that their Records might there safely be preserved, &c.

They were made a Colledge or Corpora­tion, by Charter of King Richard the Third, and by him had several Priviledges granted unto them; as, to be free from Subsidies, Tolls, and all troublesome Offi­ces of the Kingdom.

Afterwards, another Charter of Privi­ledges was granted unto this Society by King Edward the Sixth, in the third year of His Reign.

Of this Collegiate Society are first; three, stiled Reges Armorum Anglorum, Kings at Arms, six called Heralds, and four Pursuivants at Arms.

Amongst the Kings at Arms; the first and principal is called Garter, instituted by King Henry the Fifth, whose office is to attend the Knights of the Garter at their So­lemnities, and to Marshal the Solemnities at the Funerals of all the higher Nobility of England, to advertise those that are chosen, of their new Election, to call on them to be installed at Windsor, to cause their Arms to be hung up upon their [Page 268] Seats there, to carry the Garter to Kings and Princes beyond the Seas; for which purpose, he was wont to be joyned in Com­mission with some Principal Peer of the Realm, &c.

The next is Clarencieux, so called from the Duke of Clarence, to whom he first belonged; for Lionel, Third Son to Edward the Third, marrying the daughter and heir of the Earl of Ulster in Ireland, had with her the Honor of Clare in the County of Twomond, whereupon he was afterwards created Duke of Clarence, or the Territory about Clare, which Dukedom escheating to King Edward the Fourth, by the death of His Brother George, Duke of Clarence, He made this Herald, who properly be­longed to that Duke, a King at Arms, and named him Clarentieux in French, and Clarentius in Latin. His Office is to marshal and dispose the Funerals of all the lower Nobility, as, Baronets, Knights, Esquires, and Gentlemen on the South-side of Trent, and therefore sometimes called Surroy or Southroy.

The third King at Arms is Norroy or Northroy, whose Office is to do the like on all the North-side of Trent.

The two last are called Provincial He­ralds, England being by them divided into two Provinces.

These by Charter have power to visit Noblemens Families, to set down their Pedigrees, to distinguish their Arms, to appoint Men their Arms or Ensigns, [Page 269] and with Garter to direct the Heralds.

The Six Heralds anciently belonging properly to Dukes, have been sometimes named Dukes at Arms, and are thus cal­led and ranked: First, Windsor; secondly, Richmond; thirdly, Chester; fourthly, Somerset; fifthly, York; sixthly, Lan­caster. Whose Office was anciently to at­tend Dukes in Marshal Executions: Now they are to wait at Court, attend Pub­lick Solemnities, Proclaim War and Peace, &c. thence perhaps named Heralds, from two German words, Here and Healt, that is, the Armies Champion, to denounce War, or offer Peace, as the Feciales of the Romans did; and from hence probably Seven Danish Kings, and some Kings of Norway, and of Sweden, and some of England, before the Conquest, have had the name of Harold, which is all one (saith Verstegan) with Herald.

These have no certain Province under them, but by turns wait upon the Kings at Arms, and have part of their Fees.

Of these Heralds in England, there were anciently many, and so likewise of Pursuivants, whereof at present, there are but four thus named, Rouge Cross, Rouge Dragon, Portcullice, and Blewmantle, from such Badges heretofore worn by them, as it is thought.

The service of these, and of the He­ralds, and of the whole Colledge, is used in marshalling and ordering Coronati­ons, Marriages, Christnings, Funerals, [Page 270] Interviews, Feasts of Kings and Princes, Cavalcades, Shews, Justs, Tournaments, Combats before the Constable and Mar­shal, &c. Also they take care of the Coats of Arms, of the Genealogies of the Nobility and Gentry, briefly, what­soever concerns Honor, is their care and study, they are Tanquam Sacrorum Custodes & Templi Honoris Aeditui.

All these receive Annual Stipends out of the Kings Exchequer. They are all to be Gentlemen at the least, and the Six Heralds are expresly made Esquires by the King, when they are created He­ralds.

Anciently the Kings at Arms were Created, and solemnly Crowned by the Kings of England themselves, and the Heralds and Pursuivants had their Crea­tions from the Kings hand; but of later times the Earl Marshal hath had a special Commission for every particular Creation, and to do all that before was done by the King.

For the Creating and Crowning of Garter, King at Arms; there are first to be provided a Sword and a Book, whereon to take a Solemn Oath, then a Gilt Crown, a Coller of S's, a Bowl of Wine; which Bowl is the Fee of the new created King, also a Coat of Arms of Velvet richly embroidered: His Creation is on this manner; first, he kneels down be­fore the Earl Marshal, and laying his hand [Page 271] on the Book and Sword, another King at Armes reads the Oath, which being ta­ken, and the Book and Sword kissed; next are read the Letters Patents of his Of­fice, during which, the Earl Marshal powres the Wine on his head, and gives him the Name of Garter, then puts on him the Coat of Armes and Collar of S's, and the Crown on his head.

The Oath is to obey, first, the Supream head of the most noble Order of the Gar­ter, and then the Noble Knights of that Order, in such things as belong to his Office, to inquire diligently of all the Noble and notable Acts of every Knight of this Order, and thereof to certify the Re­gister of that Order, that he may record the same, and to give notice to the King, and the Knights of the Order, of the death of any of that Society: to have an exact knowledge of all the Nobility, to instruct Heralds and Pursuivants in doubts concerning the Office of Arms, to eschew and avoid all persons of ill reputation, to be more ready to excuse then to blame any noble person, unless called by Authority, to witness against them, &c. This Offi­cer hath a double Salary, double to the two other Kings, and hath moreover Fees at the Instalments; yearly wages given by the Knights of the Garter, hath the upper­most Garment at their Installments, &c.

The two Provincial Kings at Armes, Clarentius and Norroy, are created by Letters Patents, a Book, a Sword, &c. [Page 272] as Garter, and with almost the same Ce­remonies.

A Herald at Armes is also created with the like Ceremony; onely his Coat of Armes must be Sattin, embroidered and en­richt with gold, and must be brought in with two Heralds, as the Kings at Arms are by two Kings at Armes.

They take a solemn Oath to be true to the King, to be serviceable to Gentlemen, to keep secrets of Knights, Esquires, La­dies and Gentlewomen, to assist distressed Gentlemen and Gentlewomen, Widows and Virgins; to avoid Taverns, Dicing, and Whore-houses, &c. Pursuivants at Armes, are created also by Letters Patents, a Book, a Bowl of Wine, and a Coat of Arms of Damask, and to be brought in, as the Heralds, before the Earl Marshal, or his Deputy, and to swear in solemn manner to be true to the King, to be serviceable to all Christians, to be secret and sober, to be more ready to com­mend then to blame, to be humble, lowly, &c.

This Office since the late dreadful fire, is held in the Queens Court at Westminster, where are some always waiting, to satis­fy comers touching Descents, Pedigrees, Coates of Armes, &c. as was formerly done at the forementioned house up in London, which is now begun to be rebuilt by the Members of the Colledge, and (it is hoped) may in a short time, by the [Page 273] bountiful Contributions of all men that have any sence of Honour remaining, be compleated to the glory of this City and Kingdom.

All of this Colledge, being the Kings sworn servants, the Reader may find a List of their Names, in the First Part, about the Kings Court.

Within the Walls of London also is sea­ted a Colledge, built by the forementioned worthy person Sir Thomas Gresham, and in­dowed in manner following: After he had built the Royal Exchange, he gave the Re­venue thereof, the one Moity to the May­or and Commonalty of London, and their Successors; and the other moity to the Company of Mercers in trust, that the Mayor and Aldermen should find in all time to come, four able persons to read within this Colledge, Divinity, Geometry, Astro­nomy, and Musick, and to allow to each of them, besides their fair lodging 50 l. a year. And that the Company of Mercers should find Three more able men, to read Civil Law, Physick and Rhetorick, and to allow to each one of them besides fair Lodgings 50 l. a year. And that these se­veral Lecturers should read in Term time, every day in the week (except Sundayes) aforenoon, in Latin, and afternoon the same in English: The Musick Lecture to be read onely in English.

[Page 274]There is also within London another cal­led Sion Colledge, founded by Thomas White Doctor in Divinity, for the use of the Clergy of London, and of the Liber­ties thereof; and a part thereof to be for 20 poor people, to perform all which, he gave 3000 l. and for the maintenance of those poor he setled 120 l ▪ a year, for ever; and 40 l. a year for a Sermon in Latin, at the beginning of every quarter, and a plentiful Dinner for all the Clergy that shall then meet there. In this Colledge is a fair spacious Library, built by John Symp­son, Rector of Saint Olaves Hart street, and one of the said Doctor Whites Execu­tors, and by the bounty of divers Bene­factors, this Library hath been well fur­nished with Books, chiefly such as are use­ful for Divines. This Colledge felt the rage of the late Fire, but is almost repai­red again.

A little without the Walls stands ano­ther Colledge or Collegiate House, cal­led antiently the Chartreuse, now corrupt­ly the Charter house, it being heretofore a Covent of Carthusian Monks, called in French des Chartreux. This Colledge cal­led also Suttons Hospital, consists of a Master or Governor, at present Sir Ralph Sidenham, a Chaplain Doctor Thriscross, a Master and Usher to instruct 44 Scholars; besides fourscore decayed Gentlemen, Soul­diers and Merchants, who have all a plen­tiful [Page 275] maintenance of Dyet, Lodging, Clothes and Physick, &c. and live alto­gether in a Collegiate manner, with much cleanliness and neatness: and the four and fourty Scholars have not onely all necessaries whilst they are here taught, but if they become fit for the Univer­sities, there is allowed unto each one, out of the yearly Revenues of this Colledge 20 l. yearly, and duly paid, for 8 years af­ter they come to the University, and to o­thers fitter for Trades, there is allowed a considerable Sum of money to bind them Apprentices. There are moreover all sorts of officers expedient for such a Society, as Physitian, Apothecary, Steward, Cooks, Butlers, &c. who have all competent Sa­laries. This vast Revenue and Princely Foundation was the sole Gift of an ordina­ry Gentleman, Mr. Thomas Sutton, born in Lincoln-shire: and 'twas of such high Ac­count as it was thought fit, that by the Kings Letters Patents under the Great Seal, di­vers persons of the highest Dignity and Quality in Church and State, should al­wayes be the Overseers and Regulators of this Society; as the Archbishop of Can­terbury, the Lord Keeper, Lord Treasurer, and 13 others.

Besides, there are in London divers en­dowed Schools, which in France, would be stiled Colledges; as Paul's School, found­ded 1512. by John Collet, Doctor of Di­vinity, and Dean of Pauls, for 153 Chil­dren to be taught there gratis, for which [Page 276] purpose he appointed a Master, a Sub-ma­ster or Usher, and a Chaplain, with large stipends for ever, committing the oversight thereof to the Masters, Wardens, and Assi­stants of the Mercers in London; for his father Henry Collet, sometime Lord May­or of London, was of the Mercers Compa­ny. This famous School was also lately burnt down, and now is reedified in a far more magnificent, commodious and beau­tiful manner, the worthy Master thereof is Mr. Samuel Crumholm alias Cromlum.

There are in London divers other endow­ed Schools, as Merchant-Taylors, Mercers-Chappel, &c. a particular Account where­of the designed Brevity of this Treatise will not admit.

It would also make this Book too much swell to give an Account of the many rich­ly endowed Hospitals, Almes-houses, Work-houses, or Houses of Correction, the many stately built Taverns, Inns, and Coffee Houses, some whereof surpass all others in foreign parts, and are worthy to be viewed by curious Travellers, who may also find it worthy their pains, to remarque the several spatious well-built Theaters, which for variety of Scenes, excellent A­ctors, Language, Designs, Musick, &c. are hardly to be equalled: Moreover they may observe the many well furnisht Mar­kets, the weekly Horse-fairs, the great com­modiousness of Hackney-Coaches, of Se­dans, of Boats, &c. belonging to this fa­mous City; also to consider the City of [Page 277] Westminster and the Burrough of South­wark, both which now seem to be swallow­ed up in London.

Within the Precincts of Westminster are many Magnalia, several things are as re­markable as any aforementioned: the an­tient stately Abby Church founded before the Norman Conquest, by the Pious King Edward the Confessor, and most rich­ly endowed; afterwards rebuilt from the ground by Henry the III. with that rare Architecture now seen, wherein are the most magnificent Tombs and Monuments of our Kings and Queens, and greatest Nobles of England. To the East end of which is added a Chappel of King Henry the VII. which, for the most admirable ar­tificial work without and within, for a Mo­nument of massy Brass, most curiously wrought, is scarce to be paralleld in the World.

This huge Fabrick stands where first was the Temple of Apollo, and afterwards King Sebert, the East Saxon King, that first built St. Pauls aforementioned, built here a Church to St. Peter.

Queen Elizabeth converted this Abbey into a Collegiate Church, and therein pla­ced a Dean, 12 Secular Canons or Pre­bendaries, Petty Canons and others of the Quire to the number of 30, ten Officers belonging to the Church, as many servants belonging to the Collegiate Dyet, two Schoolmasters, 40 Scholars, 12 Almes­men, with plentiful maintenance for all, [Page 278] besides Stewards, Receivers, Registers, Collectors, and other Officers, the prin­cipal whereof is the high Steward of West­minster, who is usually one of the prime Nobility, and is at present the Lord Cham­berlain. The Dean is entrusted with the custody of the Regalia at the Coronation, honored with a place of necessary service at all Coronations, and a Commission of Peace within the City and Liberties of Westminster, the Dean and Chapter inve­sted with all manner of Jurisdiction, both Ecclesiastical and Civil, not onely within the City and Liberties of Westminster, but within the Precincts of St. Martin le grand, within the Walls of London, and in some Towns of Essex, exempted in the one, from the Jurisdiction of the Bishop of London; and in the other, from that of the Archbi­shop of Canterbury.

For Ecclesiastical Causes and probate of Wills, it hath a Royal Jurisdiction, Dr. Richard Lloyd is Commissary, from whom Appeal must be onely to the King in his High Court of Chancery, who thereupon issueth out a Commission of Delegates un­der the Great Seal of England.

When the Convocation is adjourned from St. Pauls (for the conveniency of being nearer to the Parliament) to Westminster, the Bishops first declare (upon a Protesta­tion made by the Dean there) that they in­tend not thereby to violate that high Pri­viledge, viz. That no Bishop or Archbi­shop may come there without leave of the Dean first obtained.

[Page 279]There is also a fair Publick Library, free for all strangers to study both morning and afternoon alwayes in Term time.

Next this Church stood the Royal Pa­lace, and usual place of Residence for the Kings of England, who ordinarily held their Parliaments, and all their Courts of Judicature in their dwelling Houses (as is done at this day at Madrid by the King of Spain) and many times sate themselves in the said Courts of Judicature, as they do still in their Court of Parliament.

A great part of this huge Palace was in the time of Henry the VIII. destroyed by fire, what remained hath still been employ­ed for the use of the Lords and Commons assembled in Parliament, and for the chief Courts of Judicature. The great Hall where these are kept, some say, was built by King William Rufus, others by King Richard the II. about 300 years agoe, and for all dimensions is not to be equalled by any Hall in Christendom.

Moreover, Strangers and Foreigners may take notice of the extraordinary com­modiousness, conveniency and situation of the present Royal Palace, and usual place of Residence, called Whitehall, belonging heretofore to Cardinal Woolsey, seated be­tween a noble navigable River, and a most delectable Park; of the great Chamber there, called the Banquetting-House, the like whereof, for spatiousness, beauty, and exact, proportion, no King in Europe can parallel; of another Royal Palace, called [Page 280] Saint James's, of Clarendon-House, which, for situation, and a uniform solid structure is admirable; of the many stately uniform Piles in S. James's Fields, of Northumber­land-House, of Britains Burse, or the New Exchange, a place excellently fur­nished with all kinde of choice Commodi­ties and Wares for Ladies; of York, Sa­lisbury, and Worcester Houses; of the Savoy, a vast building, first erected by Peter Earl of Savoy and Richmond, Uncle to Eleanor, Wife to our King Henry the Third, who after purchased the same for Her Son Edmund, Duke of Lancaster; and is now a famous Hospital, built all of huge Stone, and more like a Kings Palace; of another Palace called Somerset-House, built by Edward, Duke of Somerset, Uncle to King Edward the Sixth; of the uniform stately Buildings, and forementioned large Piaz­za's or open places (for which the Cities in Italy are so highly esteemed) in Covent-Garden, Lincolns-Inn Fields, and Southamp­ton Buildings, not to be equalled in any of our Neighbor Countreys.

As for the Borough of Southwark, grant­ed by King Edward the Sixth, by His Let­ters Patents, to the Major, Commonalty, and Citizens of London, called The Bridge Ward without, and governed by one of the Twenty six Aldermen of London; it hath nothing much remarkable, onely, that it is so rich and populous, that it pays more in a Subsidy to the King, and musters more [Page 281] Men, then any other City in England, be­sides London.

Lastly, Very remarkable also is the Cam­paign or Country on all sides of this great City, for the number of Royal Palaces, the multitude of Stately Houses, and Gar­dens of Noblemen; the innumerable fair Summer Dwelling-Houses of the Wealthy Citizens; the pleasant fertile Meadows, enclosed Pastures and Corn Fields; the a­bundance of Nurseries and Seminaries, where are to be sold all sorts of Fruit-Trees, Flowers, Herbs, Roots, as well for Phy­sick, as for Food and Delight; the frequen­cy, populousness, and wealthiness of the Villages, whereas the Campaigns about Rome and Madrid, are more like Desarts.

The Arms of the City of London, are Argent Cross-Gules, with the Sword of S. Paul, not the Dagger of William Wal­worth, as some have conceited; for this Coat did belong to this City before Wal­worth slew Wat Tyler, the Rebel, as Learn­ed Antiquaries affirm.

Of the Ʋniversities of England.

THe English Universities are so famous beyond the Seas, and so much surpass all other in the World, that they abundant­ly deserve a larger account then can sute [Page 282] with the designed brevity of this Manual; however they shall not be passed over in silence.

Nothing was ever devised more singular­ly beneficial to Gods Church, and Mans happiness, then what our Ancestors have, to their eternal renown, performed by erecting such admirable Structures for Learning, as our Universities do contain, and by providing thereby that choice parts after reasonable time spent in contemplati­on, may be called forth to act and practice in Church and State.

In the beautiful Fabrick of the Kingdom of England, the Two Eyes are the Two Universities, Oxford and Cambridge, those Two Nurseries or Seminaries of Learning and Religion, which for number and magnificence of richly endowed Col­ledges; for liberal Stipends to all sorts of Publick Professors; for well furnished Pub­lick and Private Libraries, for large Char­ters, Priviledges and Immunities; for number and quality of Students; for exact Discipline and Order, are not to be paral­lel'd in the whole World.

They were anciently called Academies, from a Grove so named new Athens, whi­ther Plato, Xenocrates, and other Phi­losophers retired, for the study of Sci­ences.

Of later times they have been stiled Universities, A Professione Universalium Scientiarum & Artium liberalium.

[Page 283]An University now is properly an Incor­poration (under one Government) of many Publick Schools, ordained especially for the Study and Profession of Divinity, Civil Law, and Physick, and also of Philosophy, and of other Liberal Sciences and Arts, as Hand-maids to the former.

Oxford, Quasi Ousford, Isidis Vadum, the name of the cheif River whereon it is seated; or perhaps from Bovis Vadum, a Ford for Oxen to pass through before the use of Bridges, as Thracius Bosphorus sig­nifying the like, is by the Germans called Ochenfurt.

It is seated at the meeting of two clear Fishy Rivers, in such a healthy Air, and pleasant rich Soyl, that it hath anciently been called Bellositum or Baulieu.

It lies in 51 Degrees 50 Minutes Lati­tude, and about 22 Degrees Longitude.

Oxford was a place of Publick Studies above Nine hundred years ago, and much augmented (not founded) by the Learned Saxon King Alfred, hath been very ancient­ly reckoned the Second University amongst the Four Principal of Europe, whereof the others are Paris in France, Bononia, now called Bologna in Italy, and Salamanca in Spain; and although Paris hath usually been named in the first place, yet it hath been acknowledged to be Oxoniae Propago; and if Paris for a time was more flourish­ing, yet since, in many respects is it excel­led by this of Oxford.

[Page 284] Oxford is an antient City, consisting of two sorts of Inhabitants, viz. Students and Citizens, living one amongst ano­ther, though wholly separate for Govern­ment and Manners; for when former Kings of England perceived that they could not (as at Paris) be separated by a River, they thought best to disjoyn them, as much as might conveniently be by Priviledges and whole manner of Government; so that there are not the same limits, for the Uni­versity have them much larger; nor the same stroke and Authority of Justice, or power of Magistrates; for the Chancel­lor of the University, and in his absence his Vice-Chancellor, is not onely in place, but in all affairs of Moment (though con­cerning the City itself) superior to the Mayor of the Town.

Nor are they governed by the same kind of Laws, for all Members of the Univer­sity are subject to the Vice-Chancellors Ju­dicial Courts, which are ruled wholly by the Civil Law.

Over the University, next under the King, is placed the forementioned Magi­strate called the Chancellor; who is usually one of the Prime Nobility, and nearest in favour with the Soveraign Prince, Elected by the Students themselves in Convocation to continue durante vita; whose Office is to take care of the Government of the whole University; to maintain the Liber­ties and Priviledges thereof, to call Assem­blies, to hear and determine Controver­sies, [Page 285] call Courts, punish Delinquents, &c.

This great Honour is enjoyed at present by James Duke of Ormond, Lord Steward of the Kings Houshold.

The next in Dignity amongst the Officers of the University of Oxford, is the high Steward, who is nominated by the Chan­cellor, and approved by the University, and is also durante vita, whose Office is to assist the Chancellor, Vice-Chancellor and Proctors, upon their Requests in the execution of their Places; also to hear and determine Capital Causes, according to the Laws of the Land, and Priviledges of the University, so oft as the Chancel­lor shall require him.

This Honour is held by John Earl of Bridgewater.

The Third is the Vice-Chancellor, who is yearly nominated by the Chancellor, and is commonly the Head of some Colledge. His Duty is in the Chancellors absence to do whatever almost the Chancellor might do if he were present. Moreover he takes care that Sermons, Lectures, Disputations, and other Exercises be performed, that Hereticks, Fanaticks, Nonconformists, &c. be expelled the University, and the converse with Students; that the Proctors, and other Officers and publick servants of the University, duly perform their Duty; that Courts be duly called, and Law-sutes determined without delay; in a word, that whatever is for the Honour and Profit of [Page 286] the University, or may conduce for the ad­vancement of good literature, may be care­fully obtained. The present Vice-Chan­cellor is Doctor Richard Mews, President of St. Johns Colledge.

Fourthly, the two Proctors chosen every year out of the several Colledges by turns, these are to assist in the Government of the University, more particularly in the bu­siness of Scholasticque exercises, and ta­king Degrees, in searching after, and pu­nishing all violaters of Statutes, or Pri­viledges of the University, all Night-wal­kers, &c.

They have also the oversight of Weights and Measures, that so the Students may not be wronged.

They are at present Mr. Alexander Pud­sey of Magdalen Colledge, and Mr. Henry Smith of Christ Church.

Next in order is the Publick Orator, whose business is to write Letters, accor­ding to the Orders of the Convocation, or Congregation; also at the Reception of any Prince or great Person that comes to see the University, to make solemn Haran­gues, &c. He is now Robert South Dr. in Divinity.

Then is the Custos Archivorum, or Kee­per of Records, whose Duty it is, not on­ly to collect and keep the Charters, Privi­ledges and Records that concern the Uni­versity, but also to be always ready to pro­duce them before the chief Officers, and to plead the Rights and Priviledges of the [Page 287] said University. This Office is now in the trust of Dr. Wallis.

Lastly, is the Register of the University Mr. Cooper, whose Office is to Register all Transactions in Convocations, Congre­gations, Delegacies, &c.

Besides the fore-mentioned Officers, there are certain publick Servants of the Uni­versity called Bedels, from the High Dutch Bitter or else from the Low Dutch Bidden, to summon, admonish, or pray; of these there are six, whereof three are called Squire Bedels, and carry large Maces of Silver Guilt; the other three are stiled Yeo­men Bedels, and carry large Silver Maces unguilt.

Their Office is alwayes to wait on the Vice-Chancellor in Publick, doing what belongs to his place, and at his Command to seize any Delinquent, and carry him to Prison, to summon any, to publish the calling of Courts or Convocations, to conduct Preachers to Church, or Lecturers to Schools, &c.

Upon more solemn times and occasions there is a seventh that carries in his hand a Silver Rod, and is thence called the Vir­ger, who with all the other six walk before the Vice-Chancellor, and is ready to ob­serve his Commands, and to wait on Grand Compounders, &c.

Other publick Servants of less note, shall be passed by.

Many Kings of England have been great Favourers of Learning, and esteemed [Page 288] it their honour, to give or enlarge the Pri­viledges of the Universities.

By Charter of Edward 3. the Mayor of Oxford is to obey the orders of the Vice-Chancellor, and to be in subjection to him.

The Mayor with the chief Burgesses in Oxford, and also the High-Sheriff of Ox­fordshire, every year in a solemn manner take an Oath, given by the Vice-chancel­lor, to observe and conserve the Rights, Priviledges, and Liberties of the Univer­sity of Oxford.

And every year on the day of St. Schola­stica, a certain number of the Principal Bur­gesses, publickly and solemnly do pay each one a Penny, in token of their submission to the Orders and Rights of the University.

No Victuals to be taken by the Kings Purveyors within five miles of Oxford, un­less the King himself comes thither.

King James of happy memory honoured both Universities, with the Priviledge of sending each two Burgesses to Parliament.

It is none of the least Priviledges belong­ing to the two Universities, that they are subject to the Visitation or Correction of none but the King, or whom he shall please to Commissionate.

By Charter of Henry 4. It is left to the choice of the Vice-Chancellor, whether any Member in the University there inha­biting, accused for Felony or High Trea­son, shall be tryed by the Laws of the Land, or by the Laws and Customs of [Page 289] the University, though now where life or limb is concerned, the Criminal is left to be tryed by the Laws of the Land.

No Students of Oxford may be sued at common Law for Debts, Accounts, Con­tracts, Injuries, &c. but onely in the Court of the Vice-Chancellor, who hath power to determine Causes, to imprison as afore­said, to give corporal punishment, to ex­communicate, to suspend, and to ba­nish.

Antiently in Oxford (as now in most Universities beyond the Seas) the Students without any distinction of Habit, lived in Citizens Houses, and had meeting places to hear Lectures and dispute. After that, there were divers Houses for Students one­ly to live together in Society (as now in the Innes of Court and of Chancery at London) and those places were called either Inns from the Saxon, or Hostels from the French, and at present are named Halls, where every Student lived wholly upon his own charges, until divers bountiful Pa­trons of Learning, in their great wisdom, thought best to settle for ever, plentiful Revenues in Lands and Houses, to main­tain in Lodging, Dyet, Cloaths, and Books, such Students, as by Merit and Worth, should from time to time be chosen, and to settle large Salaries for Professors to in­struct them, and for a head to govern them, according to certain Statutes and Ordi­nances made by the said Patrons or Foun­ders. And these are called Colledges, [Page 290] whereof the first thus endowed in Europe, were University, Baliol, and Merton Col­ledge in Oxford, all made Colledges in the Twelfth Century after the Birth of Christ; although University Colledge hath been reckoned a place for Students ever since the year Eight hundred seventy two, by the Roy­al Bounty of our foresaid Saxon King Al­fred, and was anciently called The Uni­versity Colledge, where were divers Pro­fessors, and all the Liberal Sciences read.

Of such endowed Colledges there are in Oxford Eighteen, and of Halls, (where, with the like Discipline, Students live upon their own means, onely excepting some cer­tain Exhibitions or Annual Pensions an­nexed to some one or two of them) there are seven; of all which, the names and Go­vernors, See the first Part of the Present State of England.

These Colledges have within their own Walls, Lectures, Disputations, all Pro­fessions and Liberal Sciences read and taught, and in some of them, Publick Lectures for all Comers, and large Salaries for the Readers; insomuch, that they seem so many compleat Universities, and are not inferior to some of our Neighbor Coun­treys. Lipsius (whose Testimony among the learned, is very considerable) saith of one Colledge of Oxford, in his time, what might be said of some others there, and in Cambridge, Non credo in orbe terrarum extra Angliam simile esse, addam, aut fuisse: Magnae illic opes & vectigalia, &c. [Page 291] Verbo vis dicam, Unum Oxoniense Colle­gium (rem inquisivi) superat vel decem nostra.

The whole number of Students in Ox­ford that partake of the Revenues of the Colledges, are about One thousand; and of other Students, about twice as many.

There were anciently in this University, before the founding of Colledges, Two hundred▪ Hospitia Studiosorum, Inns, Hostels, or Halls; and as Armachanus Writes, there were Thirty thousand Stu­dents; and Twenty miles round Oxford, were by the Kings of England set apart for Provision in Victuals for this City.

The Discipline of these Colledges and Halls, is far more exact and excellent then in any Foreign University.

First, All that intend to take any De­gree, are to take their Dyet and Lodging, and have a Tutor constantly in some Col­ledge or Hall, then they are to perform all Exercises, to be subject to all Statutes, and to the Head of the House: Next they are to be subject to the cheif Magistrate of the University, to perform Publick Exer­cise, and to be subject to the Publick Sta­tutes thereof. They are to suffer themselves to be shut up by night in their several Houses. They are never to be seen abroad out of their Chambers, much less out of their Colledges, without their Caps and Gowns, (an excellent order, no where ob­served in Foreign Parts, but in Spain.) [Page 292] Their Gowns are all to be black, onely the Sons of the higher Nobility are herein indulged, and all Doctors are honored with Purple, or rather Scarlet Robes, which anciently were allowed onely to Emperors or Kings; but now in England, besides the King, all Peers in Parliament, all Doctors in the Universities, all Majors and Governors of Cities, and all the Prin­cipal Judges are at certain times cloathed in Scarlet.

The Degrees taken in the University are onely two, viz. Of Bachelar and Master (for so they are anciently called, as well in Divinity, Law, and Physick, as in the Arts.) At present, the Degrees in those Three Professions are called Bachelars and Doctors, onely in the Arts, Bachelar and Master: Yet is it not to be supposed, That because in Musick, one of the Liberal Arts, he that takes the second Degree, is usually now stiled a Doctor, therefore to be preferred before a Master of Arts, who is Doctor of all the Liberal Arts; yet Men, otherwise Learned, have sometimes committed such Errors by their Ignorance in words and names.

Every year, at the Act, or time of com­pleating the Degree of Master, both in the Three Professions and Arts (which is al­ways the Monday after the Sixth of July) there are (unless some extraordinary oc­casion hinders) great Solemnities, not onely for Publick Exercises, but Feastings, [Page 293] Comedies, and a mighty concourse of Strangers, from all parts to their Friends and Relations then compleating their De­grees, whereby, and by the set Fees, it usually costs a Doctor of Divinity, Law or Physick, about One hundred pounds sterling, and a Master of Arts 20 or 30 l. sterling.

In these Three Professions, and in the Arts, there proceed Masters or Doctors yearly about One hundred and fifty, and every Lent about Two hundred Bachelars of Arts.

The time required by Statute, for study­ing in the University, before the taking of the forementioned Degrees, because it is much longer then what is required in any Foreign University, shall here be set down more particularly.

To take the Degree of Bachelar in Arts, is required four years, and three years more for to be Master of Arts.

To take the Degree of Doctor of Divi­nity, the Student must necessarily, first, have taken the Degree of Master of Arts, and then after seven years more, he is cap­able of being Bachelar in Divinity, and then four years more is requisite before the De­gree of Doctor can be had.

To take the Degree of Doctor of Laws, the more ordinary way is, in three years after Master of Arts, one may be capable of the Degree of Bachelar, and in four years more of Doctor of Laws, the like for Doctor in Physick.

[Page 294]The Exercises required for taking these Degrees are many, and difficult enough, yet not such, but that may be performed in less time, by any Men of good abilities: But it was the Wisdom of our Ancestors so to order, that before those degrees were conferred upon any, and they allowed to practice, they might first gain Judgment and Discretion, which comes with Time and Years, and perhaps, that those of slower parts might, by Time and Industry, make themselves capable of that Honor, as well as those of quicker abilities.

To speak now particularly of the Pub­lick Schools in Oxford, of the large Salary to each Publick Professor, of the most famous Bodlean Library, that for number of choice Books, curious Manuscripts, di­versity of Languages, liberty of Studying, facility of finding of any Book, equals, if not surpasses, the famous Vatican: To speak of the curious Architecture, and vast charges of the New Theater, fabricked by the most ingenious Dr. Christopher Wren, at the sole cost and charges of the most Reverend Father in God, Gilbert, the present Archbishop of Canterbury, for the use of Scholastick Exercises, and of that most excellent Printing Press there. To speak of the beautiful, solid Stone Build­ings, Chappels, Halls, Libraries, large Revenues, admirable Discipline of several Colledges: To describe the most delight­ful Publick Physick Garden, abounding with variety of choice Plants, and sur­rounded [Page 295] with stately Stone Walls at the sole expences of the Right Honorable Henry Earl of Danby, would require an­other Volume.

What hath been said of Oxford, the like may be said of Her Sister Cambridge, which for Antiquity, Beautiful Colledges, large Revenues, good Discipline, number of Students, plenty of Diet, and of all other things necessary for advancement of Learning (if in complaisance she will at any time give place to Oxford, yet at the same time) will challenge precedence be­fore any other University of the Christian World.

These are the two glorious Fountains of Learning, to the fame whereof, Foreigners come on Pilgrimage to offer up Honor and Admiration; and yet, even these had lately been like to be dried up, by the over-heated Zeal of some ignorant Fana­ticks.

These are the cheifest Store-houses of Lettered Men, which sends forth yearly a great number of Divines, Civilians, Phy­sitians, &c. to serve all parts of this King­dom.

To supply these great Store-houses, there are in several parts of England, Grammar Schools, whereof the principal are Pauls, Westminster, Winchester, Eaton, Merchant-Taylers, the Charter-house, all richly en­dowed to maintain Masters, Ushers, and a certain number of Scholars; so that a childe once admitted into these Schools, [Page 296] if he become capable, may at length be preferred to be Scholar or Fellow in some Colledge of one of these Universities, and will want little or no assistance from his Parents, all his life time after.

Besides these, there are of late Grammar Schools founded and endowed, in almost every Market Town of England, wherein the children of the Town are onely to be taught gratis, without any other allowance. But in the multiplying of these Schools, it may be doubted, whether there appeared not more Zeal then Prudence; for the Parents of such School-boys, not able to advance them to the Universities, all the rest, besides Reading and Writing, becomes useless; and the Youths, by Eight or ten years lazy living, rendred unapt for the la­bor belonging to the more profitable Plough, and divers Manufactures, usually turn either Serving-men, or Clerks to Justices or Lawyers, whereby they learn much Chi­canery, they become cunning Petty-foggers, multiply Law-sutes, and cozen their Coun­trey; or, if perhaps they are set to Trades, that little smattering in Learning, got at the Grammar School, renders them com­monly proud, stiff-necked, self-conceited, unapt to be governed, apt to embrace every new Doctrine, Heresie, Schism, Sect, and Faction: Or, in case their Parents are able to put them to the University, yet for want of sufficient maintenance and residence there, they get onely to be half-learned, and thereby a propensity to Preach Faction, [Page 297] Sedition, and Rebellion, to seduce those that are more ignorant then themselves, as was evident in our late unhappy troubles, where it was observed, that the Seducers were generally such as had been from those Market Latin Schools, advanced to be either Commoners or Servitors, for a short time in the University; and the seduced, ordinarily, such as from those Schools be­came afterward Shop-keepers or Petty-foggers. If such had been endowed with more or perhaps with less knowledge, they had probably been much more humble, loyal, and obedient, to their Governors, both Civil and Ecclesiastical; and there­fore, the late King of Spain consulting with his ablest Counsellors of State for a general Reformation of Matters that were found, by experience, to be inconvenient and pre­judicial to His Kingdoms; after mature deliberation, came to this resolution, That amongst other abuses, the great number of Countrey Grammar Schools should by a solemn Prematica or Ordnance be diminish­ed, and the childrens time better employed at Manufactures, Trades, Husbandry, &c. Besides, upon serious consideration, it will be found that England is over-stocked with Scholars for the proportion of its Prefer­ments, and for its employments for Letter­ed Persons, whereby it comes to pass that too many live discontented, and longing for Innovations and Changes, and watch­ing for an opportunity to alter the Govern­ment both of Church and State.

[Page 298]This following List was provided to be inserted after the account of the standing Militia of England.

• BEdford, Earl of Alisbury.
• Berks, Lord Lovelace.
• Bristol, Duke of Ormond.
• Bucks, Earl of Bridgwater.
• Cambridge, Earl of Suffolk.
• Cheshire, Earl of Derby.
• Cornwall, Earl of Bath.
• Cumberland, Earl of Carlisle.
• Derby, Earl of Devonshire.
• Devon, Duke of Albemarle.
• Dorset, Duke of Richmond.
• Durham, Bishop of Durham.
• Essex, Earl of Oxford.
• Glocester, Marquess of Worcester.
• Hereford, Marquess of Worcester.
• Hertford, Earl of Essex.
• Huntingdon, Earl of Sandwich.
• Kent, Duke of Richmond.
• Lancaster, Earl of Derby.
• Leicester, Earl of Rutland.
• Lincoln, Earl of Lindsey.
• [Page 299] Middlesex, Earl of Craven.
• Monmouth, Marquess of Worcester.
• Norfolk, Lord Townsend.
• Northampton, Earl of Peterborough.
• Northumberland, Earl of Ogle.
• Nottingham, Duke of Newcastle.
• Oxford, Lord Say and Seal.
• Purbeck Isle, Sir Ralph Banks.
• Rutland, Viscount Camden.
• Shropshire, Lord Newport.
• Southwark Borough, Earl of Craven.
• Somerset, Duke of Ormond.
• Southampton, Lord St. John.
• Stafford, Lord Brook.
• Suffolk, Earl of Suffolk.
• Surrey, Lord Mordant.
• Sussex, Earl of Dorset.
• Wales, Earl of Carbery.
• Warwick, Earl of Northampton.
• Westmerland, Earl of Carlisle.
• Wilts, Earl of Essex.
• Worcester, Lord Windsor.
• York East-Riding, Lord Bellasis.
• York West-Riding, Duke of Buckingham.

THus the Reader hath had a small Map of a great Monarchy, the most just and easie that ever any people lived under (except onely those who lived in England, before the late unparalleld Rebellion) and many ways more happy then that which the great and good States-man Philip Co­mines, so much admired in his days, when [Page 300] he declared (after he had much commended the Policy of the Venetian Commonwealth) That amongst all the Seigneuries in the World, England was the Countrey where the State was best ordered, and where there was the least Violence and Oppression up­on the People.