sitts as such, but Leaves the management of the Law to the Chiefe
justice or Judges which ought to be two. There is the Recorder of y^e
Citty also another justice who after y^e judge has summon’d the Evidence
does alsoe summ it up, and this is in all the tryals at the Kings Bench,
alsoe here the sword Bearer is a officer, and Common Cryer, and alsoe
the two Sherriffs attends, they impanell the Jury and their office is so
necessary y^t at the death of a Sherriff as happened Last yeare the
Buissness of the terme happening then stood still till another was
Chosen and sworne.
The Recorder of the Citty is allwayes knighted and soe is the
Chamberlaine of the Citty. Now in the assizes in all the Countyes of
England the sherriff of the County Comes to the Edge of the County and
Receives y^e judges from the hand of the sherriff of y^e next County and
Conducts him to y^e County town attended w^{th} the Gentry, and there is
a Large house in the town hired for that tyme for the judge, and all the
sherriffs officers attends him and he in person; alsoe he sends the
judge a present y^e first night of meate and wine and gives him one
dinner. Its usual that the Judges are Entertained most of the tyme by
the Bishop Major and best Gentlemen, its seldom they stay more than a
weeke in a place unless they have a great deale of Buisness or that one
of the judges should be sick so y^t y^e other must supply both barrs one
after another. There are Lawyers that allwayes do follow the judges,
some serjeant which people make use of in their Causes and joyne w^{th}
them some of their own Country Lawyers. There are two of these assizes
in a year, the other is in the winter, besides which in Each County they
have quarterly sessions to w^{ch} all Constables of that precinct
repaires, and the titheing men w^{th} their presentments and Complaints
to punish and relieve in petty matters w^{ch} the Justice of the peace
are judges off, and if they have a matter before them beyond their
decision they bind them over to the asizes and there to prosecute them.
The manner of Criminalls punishment after Condemnation, w^{ch} if it be
for fellony or treason their Condemnation of the first is to be hanged,
and they are drawn in a Cart from their prisons where they had been
Confined all the tyme after they were taken, I say they are drawn in a
Cart with their Coffin tyed to them and halters about their necks, there
is alsoe a Divine with them that is allwayes appointed to be with them
in the prison to prepare them for their death by makeing them sencible
of their Crimes and all their sins, and to Confess and repent of them.
These do accompany them to the place of Execution w^{ch} is generally
through the Citty to a place appoynted for it Called Tijburn. there
after they have prayed and spoken to the people the minister does Exhort
them to repent and to forgive all the world, the Executioner then
desires him to pardon him and so the halter is put on and he is Cast
off, being hung on a Gibbet till dead, then Cut down and buried unless
it be for murder; then usually his body is hung up in Chaines at a Cross
high road in view of all, to deterre others. For high treason they are
drawn in a sledge to their Execution without any Coffin, for their
Condemnation when hang’d to be taken down before quite dead and to be
opened. They take out their heart and say this is the heart of a
traytor, and so his body is Cutt in quarters and hung up on the top of
the Great gates of the Citty which are the places of their prison, some
gate houses for debters, others for fellons and traytors. In Case its a
woman which is a traytor then she is Condemned to be burnt. All at their
Execution have Liberty to speake, and in Case they are sencible of and
repent of their Crimes they do declare it and bewaile it and warne
others from doing the Like, but if they are hard’nd they persist in
denying it to the Last. Now as I said y^e Law Condemns all thus to be
Executed, but if it be great persons they obtaine Leave of y^e king they
may be beheaded, which is done on a scaffold Erected on purpose in
manner of a stage, and the persons brought in Coaches with Ministers do
as the former; then when they have ended their prayers and speech they
Lay down their head on a block and stretch out their bodies. The
Executioner strikes off their heads with an ax or sword made on purpose
and if it be for treason take the head and hold it up saying this is the
head of a traytor; and such Great persons, Especially those that Can pay
well for it, have their heads sewed on againe and so buried. The Prison
in London for great persons is the Tower where are appartments for y^t
purpose. There is in all the County towns Jailes maintained at the
publick Charge, besides which there are houses for Correction of Lesser
faults, as Bridewell, to Correct Lazy and Idle persons and to set them
to work, and alsoe stocks and pillorys to punish them for their Lesser
faults. The Pilory jndeed is to punish perjur’d persons, which is a
greate Crime. There is alsoe whipping, some at a Carts taile, and for
some Crimes they are burnt in the hand or Cheeke as a brand of their
Evil, and if found againe to transgress, y^t marke serves as a greater
witness to their Condemnation. Some alsoe are Banish’d out of y^e kings
dominions dureing Life and should such return they must be executed
without any other tryal; under which we may speake of out Laweryes; a
person for treason or fellony absconding into another kingdom, after a
process at Law by which he is Summon’d to Come and take his tryal, and
he refuses then he is outlaw’d and all his Estate forfeited to the king,
and if Ever he be taken in y^e Kings dominions he is Immediately
Executed w^{th} out any farther tryal, and its usual if such a one be
known to be in a kingdom of our allies to make a Demand of him by the
ambassadour, and such a state takes Care Either to deliver him up or
Else to Expel him their Dominions by proclamation, that none harbour
such a one but deliver up to the government.
Here is noe wracks or tortures nor noe slaves made, only such as are
banish’d sometymes into our forreign plantations there to worke, we have
also prisons for debtors and some of which are privilidge places, as y^e
Kings Bench the Marshalsea and Fleete which persons Entring themselves
prisoners there Cannot further be prosecuted, but Continue there
prisoners dureing Life, and out of the term tymes hire a keeper of the
prison to go allwayes with him as a jaylor; but the Chief Master must
have good security to produce him Every term Else he will be Lyable to
pay his debts, so its only for such as are debtors, and Indeed its a sad
thing they should be so suffer’d and that there should be places of
refuge for such. There is one good act to relieve persons that are
Confined it may be out of Malice and spleen to keep them allwayes so,
but by this act any such Can sue out his habeas Corpus and soe be
brought the first day of the terme Either to a tryal or give bail and
soe be Let out.
Besides this there are in most Lordships, Courts kept which are Courts
Banns and was at first the only jurisdiction by Each gentleman held, all
misdemeanours punished, and by them Informed up to the higher courts of
Kings Bench or Chancery, and alsoe had all their own privelidges
maintained amongst their tennants and neighbours, and Consisted of a
Court Life also which ran in y^e same nature with their session Courts.
These our Laws are Esteemed the best in y^e world, we haveing two
distinct parts, one Comon Law which is singular to our nation and are
managed in these sessions, assizes, Kings Bench, and Common pleas, and
Exchequor, the other is the Civil Law which is the only sort of Law in
any other Kingdom, of which the Chancery, the Arches w^{ch} is under the
archbishop and by his appoyntm^t to the severall Judges of that Court
that are all Civillians, matters of Equitty, all probats of wills,
w^{ch} in the Arches are made and recorded. This is in a place in the
Citty the Doctors Commons where is this Court of Arches and prorogative
Court which Consists of Doctors, Chancelours, Proctors, Suragats w^{ch}
do y^e offices of Councellours attorney and Solicitours at Common Law.
There are registers also from this at London. All the Bishops courts are
kept in each Citty, managed by Chancelours which are Lay men, and the
suragats, also the Bishops deputyes, the proctors, and parolers, which
summons all to it, and there are four in a year in Each County. From
hence are given out Licenses for marriages, here are y^e Cannon Laws of
the Church explain’d and defended, all Church officers punish’d and
examin’d, here are proceeding on Information all persons that infringe
the Church Rites, and formerly all that were vitious and Corrupt in
their practices, even of y^e Clergy also, and receiv’d suspension or
some punishm^t due to the Crime, as Excommunication, but evil men and
governours corrupt and Change wholesome Laws to Evil, so of Late these
Laws have been put in Execution against tender Consciences that could
not Comply to some forms prescrib’d in the Litturgy of the Church of
England, and they have been Excommunicated, after which they are turned
over to the Lay Chancellour and so prosecuted at Common Law because the
spiritual Courts and men will not pretend to use the sword of
punishment, but while they have turned its Edge thus against y^e tender
Consciences scrupleing the forms of worship in the Church of England,
they have Left punishing the enormous Crimes of their parishoners nay of
their Clergy also, to the scandal of Protestants. Indeed blessed be God
that since King William and Queen Mary of happy memory Weilded the
scepter, and Liberty for such descenters have been Establish’d by an act
of Parliam^t, of which houses shall now speake of. Our Kingdom is
governed by Laws made and Establish’d pursuant to the first
Constitutions and Magna-Charta, from which is derived all the Charters
full of priviledges to each Corporation in the Kingdom, suiteable to
their Customs and well being of each; these Laws are made and are not
truely authentick if not Enacted and pass’d by our three states which is
King, Lords and Commons, which Can make Laws for all Cases provided they
are for the good of the whole and do not tend to subvert our originall
Contract grounded on our Magna Charta or ffundamental Laws of the Land,
which Constitution is by all the world esteemed the best if kept on each
ones Basis, a tripple foundation, and when y^e King Exerts not his
prerogative beyond its Limitts to the oppressing his peoples
priviledges, nor the people exorbitant and tumultuous in the standing or
running up their power and priviledges to Cloud and bind up the hands of
the prince. But if it goes in an Equal and just footeing, the people
whose is the purse and strength will maintaine the King and his
Councellours, and they will do the best offices to the King from the
people, and so the King might allwayes reigne in his peoples hearts by
Love as well as over them, and they yeild duty and obedience to him, and
securely repose in him that should so studdy to preserve them in all
their privilidges and trade, which would procure us honour and
admiration to the whole world, and Continue us too greate for Enemyes to
invade or molest us and so great as to have all seeke to be our allies,
and those that were so would find a secure trust and faithfull friends
in us, but alas! its too sadly to be bemoaned y^e best and sweetest wine
turns soonest sour, some by folly faction and wickedness have
endeavour’d our own ruin, and were it not for Gods providentiall Care
and miraculous works we should at this day been a people Left to utter
dispaire haveing only the agraveteing thoughts of our once happy
Constitution to Lament its Losse the more. To go on the Parliament which
in Westminster Hall has appartments, the one for y^e house of Lords and
Called the Upper House, where all the Lords which are not papists and
w^{ch} are of age do sitt in their order on benches Covered with scarlet
cloth, the Bishops Likewise sitt as peers of the realme and have voices
in all Causes, but in bloud the sanguinary Laws and decision there on
its said they may sitt, but they from their order in the Church alwayes
go out, but they first make their claime that they might continue, but
all other of y^e Lords if absent can give their proxy to another Lord
and desire him to give his voice in matters debateable in his absence,
and any such Lord Chuses another that he knows to be of his own
sentiments, or should give him account at any case he should differ that
may have the absent Lords real Consent, which has happened that a Lord
has given his own voice one way and the proxy voice another as the
absent Lord shall direct, but this is seldome and this is permitted
because sickness or Extraordinary buissness of their own, the Kings, or
the peoples, may require his absence. Now the Lords w^{ch} are peeres of
the realme are born Councellors to the King and are Looked on as such,
its true tho’ at all tymes they may and should give the King their
advice yet y^e King has power and do make Choice of a privy Councill,
which consist of Lords temporall and spirituall, w^{ch} are Bishops, and
also out of some of y^e Commons of England which are the Gentry. In this
house of Lords the judges as I said before sitts but have noe vote. The
Lord Chancellor or Keeper of the Seale sitts and is speaker to that
house, but if he be noe peer which sometymes happens, and is at this
tyme in Right Lord keeper of the Seale, then I say he has no voice in
any matter and serves them only as their servant or officer to put
questions to Count their voice on their dividing on a matter, to make a
speech to them from y^e King, and to present anything to y^e King, and
he sitts on a wool-pack to just under the throne where the king sitts
when there which is seldome but to pass bills. On each side of the
throne is two stooles, y^t on the Right hand is for the Prince of Wales
if any is, that on the Left to the first Duke prince of the blood royal
or kings brother that is heir more remote. Behind the throne is a place
for the noblemens sonns minors to be, to give them opportunity to heare
and instruct them in the Laws of England. In the middle of the roome is
tables w^{th} bookes and records, and there sitts the secretarys of
state which are two, these with some under them take the minutes of what
is debated and resolved. The Lords do form Law agreable to the
fundamentall Laws in which the judges advise them. They thus form a bill
which being in all poynts examined, all objections answered, and being
well amended and passed three tymes, being read and agreed, is Carryed
down to the Lower house which Consists of the Commons of England Chosen
by a precept from the Crown to all the Sherriffs of the Countys to Chuse
amongst themselves two of Each Corporation or Burrough, and two for each
County which are Called knights of y^e shire, to represent them in this
assembly. All that are free-holders of a County has a voice to Choose.