The Present State of London, Treatise · Chapter 3 · Section 6

The Present State of London · Treatise · Chapter 3 · Section 6

p. 160SECT. 6.

Of Colleges and Inns of Courts.

THis RENOWNED CITY may not unfitly be ſtiled an Ʋniverſity, for all Liberal Arts and Sciences are here Taught and Profeſt. Here is Divinity, Law, and Phyſick Read; the Municipal or Common-Laws of the Nation Taught, and Degrees taken therein, which can be ſaid in no other Nation: Here a man may Learn all …orts of Languages, all the Branches and Parts of the Mathematicks, and the Military Art, whatſoever is neceſſary to make an ingenious Nobleman or Gentleman throughly accompliſhed, in Geography, Coſmography, Chronology, Hiſtory, Hydrography, Navigation, Arithmetick of all ſorts, Vulgar, Inſtrumental, Decimal, Algebraical, or Geometry, Aſtronomy,

WHITE HALL

THE TEMPLE

PHISITIANS COLLEDGE

LORD SHAFTSBVRY HOVSE

p. 161Fortification, Gunnery, Gaging, &c. Brachygraphy or Short-hand, the Arts of Riding, Fencing, Dancing, all ſorts of Muſick, Vocal and Instrumental, Fire-works of all kinds, Limning, Painting, Enamelling, Sculpture or Ingraving, Heraldry, Architecture, Grammar, Rhetorick, Poetry, and indeed any thing that may be nam'd of European Art, whether Liberal or Mechanick, may be here Learnt with moſt exquiſite Curioſity.

But that which is to be moſt commended as the chief Bleſſing is, that this Famous City excells all other in this World for number of Pious and Godly Proteſtant Chriſtians, of Reverend, Godly and Learned Divines, and Miniſters, who Preach the Goſpel in order to its propagation in the Power and Truth thereof; Men eminent for ability in all ſorts of Learning, and for Piety and Holineſs in their Lives and Converſations; ſuch Examples, as very well ſecond their Preaching. (Which is ſpoke not to boaſt of any humane perfection, as meritorious, nor to magnifie any without cauſe, nor including univerſals, becauſe ſome that take that Sacred Function upon them prove otherwiſe, but is repreſented as a motive to provoke the Inhabitants to thankfulneſs for ſo great a Mercy, and to make a ſeaſonable and profitable Improvement of the Bleſſing, leſt their Candle be removed.)

In a few words it may be ſaid of this City (in alluſion to what is ſpoken, Rev. 22. 11.—He which is filthy, let him be filthy ſtill,—and he that is holy, let him be holy ſtill;) That whoſoever has a mind to Aſſociate himſelf with ſincere, pious Chriſtians, may have the opportunity to do ſo as much as can be deſired, and ſuch as are driven by the impetuoſity of irregular and too much prevailing evils, may find (which ought to be lamented, and if it may be, reſtrain'd) Companions in all ſorts of wickedneſs, which is not mentioned by way of diſparagement p. 162to any individual, much leſs to the City (which is certainly better Govern'd than any in the World,) and more free from thoſe vile Debaucheries ſo extraordinarily frequent in other great Cities; but as a check to thoſe licentious perſons, that (when they would act the parts of ill perſons) Reſort to the Suburbs without the Juriſdiction of the Right Honourable the Lord Mayor. It is indeed admirable to ſee what Order is kept, and with that Harmony, ſo that upon any extraordinary occaſion a civil man may walk any hour in the night, giving good words and a good account to the well order'd and regular Watches, &c. But of this more in the Chapter of Government.

Of Greſham-College.

The ſame Noble Merchant and Citizen of London, Sir Thomas Greſham (of whom we ſpoke before) that gave the Royal Exchange, and Built Alms-houſes in Broadſtreet, that gave conſiderable ſums of Money to be diſtributed quarterly for ever to five Priſons and four Hoſpitals in and about this City, Built Greſham-College, and endowed it with the Revenue of the Royal Exchange, of which he gave one Moity to the Lord Mayor and Commonalty and their Succeſſors, and the other Moity to the Right Worſhipful Company of Mercers in truſt, that the Lord Mayor and Aldermen ſhould find in all time to come four able Perſons to Read Divinity, Geometry, Aſtronomy, and Muſick, and to allow each of them, beſides fair Lodgings, 50 l. a Year. And that the Company of Mercers ſhould find three more able men, to Read Civil-Law, Phyſick, and Rhetorick, each of which to have alſo, beſides fair Lodgings, 50 l. a Year, which Lectures are to be Read every Day in the Week (except the Lords Day) in Term-time, in the Morning in Latine, and in the p. 163Afternoon the ſame in Engliſh, except the Muſick Lecture, which is to be read only in Engliſh. There was alſo within theſe few Years a Mechanick Lecture for Natural Philoſophy, inſtituted by a worthy Gentleman, Sir John Cutler, with a Salary for the Reader of 50 l. per annum, to be read at the time and place where the Royal Society ſhall meet.

Of the Charter-Houſe, called Sutton's Hoſpital, where are 80 decay'd Gentlemen, Soldiers, and Merchants, with a Governor and Chaplain; 44 Scholars, with a Maſter and Uſher, plentifully maintained in Diet, Lodging, Cloaths, Phyſick, &c. living in a Collegiate manner, with much neatneſs and handſomneſs, the 44 Scholars (when fit for the Univerſities) being to receive an Allowance of 20 l. a Year for eight Years after their Reception there, out of the Revenue of this Colledge. And ſuch as are fit for Trades, a conſiderable Sum to bind them Apprentices; where there are alſo all meet Officers, as a Phyſician, Apothecary, Steward, Cooks, Butlers, &c. with competent Salaries; we have ſpoke largely already in the Section of Hoſpitals, to which we refer.

Of Sion Colledge.

This Colledge ſtands not far from Cripplegate in Cripplegate-Ward, where there was in ancient Times a Houſe of Nuns. This being in great decay, William Elſing Mercer, anno 1329. 3 E. 3. began in the place thereof the Foundation of an Hoſpital for one hundred blind men, to which he gave two Houſes of a conſiderable value. But 'twas anno 1332. made a Priory for Canons Regular, and in the ſame place there was at laſt a Colledge erected by Thomas White Doctor in Divinity, for the uſe of the Clergy of London, and the Liberties thereof, and a part thereof to be for 20 poor People, 10. Men, and 10 Women. To perform all this, (beſides ſeveral Sums p. 164of money, and conſiderable yearly Revenues given by the ſaid Doctor White, to pious and charitable Uſes in divers places) he gave 3000 l. to purchaſe and build this Colledge; and for the maintenance of thoſe Poor, he ſetled 120 l. a year for ever, and 40 l. a year for four plentiful Dinners for the Clergy that ſhall meet there, who are to have four Latin Sermons, one at the beginning of every quarter.

In this Colledge is a fair ſpacious Library built by John Sympſon Rector of St. Olaves Hart-ſtreet, London, and one of the ſaid Doctor White's Executors, who fitted it with Wainſcot, Stalls, Desks, Seats, and other neceſſary and uſeful Ornaments, befitting the place, at his own charge. This Library is well furniſhed with choice Books of all ſorts, but chiefly ſuch as are uſeful for Divines, and that by the bounty of ſeveral Benefactors. This Colledge felt the Rage of the great Fire, anno 1666. but it is very handſomly repaired; and the damage of the Library, which was very great, made up, It receives increaſe every year, by the Legacies or Gifts of worthy Perſons, and the Piety of good Authors, who commonly beſtow one Book of what they publiſh, eſpecially of Subjects that are Voluminouſly handled, upon this Colledge, where they are Chain'd up, and kept very well; which is a very good work, much tending to the advancement of Learning. Here any Student may repair at ſeaſonable hours, morning and afternoon, and may ſtudy ſix hours in a day without interruption, and may enter himſelf a Member, if he pleaſes, paying Half a Crown to the Library-Keeper, and Twelve-pence to the Perſon that ſweeps and keeps it clean. To conclude, it is extraordinary uſeful, eſpecially for the poorer ſort of Students, who cannot purchaſe a neceſſary ſtore of Books for their own uſe. And I could heartily wiſh, that ſome of our learned men who are of brave, publick, and generous minds, would examine wherein it is deficient, and ſet on foot ſome p. 165Medium to furniſh it better, eſpecially with Mathematical, Phyſical, Common and Civil Law-Books, of all which there are many of our Modern Writers have Treated more Exquiſitely, than any of their Predeceſſors.

Of the Colledge of Phyſicians.

In this Renowned City, there is a Colledge or Corporation of Phyſicians, who by Charters and Acts of Parliament of Henry VIII. and ſince his Reign, have certain Priviledges, whereby no man, though a Graduate in Phyſick of Oxford and Cambridge, may without Licence under the ſaid Colledge Seal, practiſe Phyſick in London, or within ſeven Miles of the ſaid 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, 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 be wholſom, and well made, whereby they are freed from all troubleſom Offices, as to ſerve upon Juries, to be Conſtables, to keep Watch and Ward, to bear Arms, or provide Arms or Ammunition, &c. Any Member of this Colledge may practiſe Chyrurgery if he pleaſe, not only in London, but in any part of England.

This Society had anciently a Colledge in Knightrider-ſtreet, the Gift of Dr. Linacre, Phyſician to King Henry VIII. ſince which, a Houſe and Ground was purchaſed by the Society of Phyſicians, at the end of Amen-Corner, whereon the Famous Dr. Harvey, anno 1562, at his own proper charge did erect a magnificent Structure both for Library and a Publick Hall, and for the meeting of the ſeveral Members of this Society, endowed the ſame with his whole Inheritance, p. 166which he reſigned up while he was living and in health, part of which he Aſſigned for an Anniverſary Harangue, to commemorate all their Benefactors, and exhort others to follow their good Example, and to provide a plentiful Dinner for the Worthy Company.

This Goodly Edifice was burnt Anno 1666, and the Ground being but a Leaſe, the preſent Fellows of the College, have purchaſed with their own Moneys, a Fair piece of Ground in Warwick-Lane, whereon they have raiſed a very Magnificent Edifice.

Of this Colledge there is a Preſident, four Cenſors, aud eight Elects, who are all Principal Members of the Society, and out of whom the Preſident is Yearly choſen. The four Cenſors have by their Charter, Authority to Survey, Correct and Govern all Phyſitians or others that ſhall Practice in London, or within Seven Miles of the ſame, to Fine, Amerce, and Impriſon any of them, as they ſhall ſee Cauſe.

The uſual Fee of a Doctor in antient times was 20 s. and one that had not taken that Degree, 10 s. But now there is no certain Rule, but ſome that are Eminent have received in Fees Yearly 2000 or 3000 l. and purchaſed great Eſtates, which in other Countries (becauſe the Fees are exceedingly leſs,) is very rare. Beſides the Members of this Colledge, there are divers able Phyſitians in London, that have great Practice, although they never had any Licenſe, which is conniv'd at by the Colledge; and ſo is the too much practice of Empericks, Mountebanks, Apothecaries, Chirurgeons, &c. with other pretenders to Cure, by things which they call Ʋniverſal Medicines, or Panpharm…c…. And certainly it is a very Perillous and Deſtructive abuſe, to ſuffer unskilful Perſons, that know not the Nature of Diſeaſes, nor are able from the Conſtitution of the Patient, and requiſite Symptoms, to infer a Rational Concluſion, or make p. 167a true diſcovery of Cauſes, or give probable Prognoſticks of the event, to take up this profeſſion, becauſe they neither underſtand the Nature of Simples, nor the proper and fit mixture of Compounds, and conſequently cannot apply ſutable Medicaments to the languiſhing Patient, but where (by meer chance) they Cure one, they deſtroy hundreds, ſuch being as great Murtherers of the Body, as ſome Audacious, Graceleſs, Heretical, and unskilful Pretenders to Preach the Sacred Myſteries of the Goſpel, are inſtruments to pervert their too too Credulous Diſciples, and conſequently to deſtroy their Souls; which is hinted not to caſt any diſparagement upon thoſe Honorable Functions, but only ſuch as abuſe them, and are not fitly qualified to practice them. And it could be wiſhed that there were a Reformation of the abuſes in each, their errors having a direct tendency to deſtroy both Body and Soul.

Indeed the Law of England has provided, that if one who is no Phyſitian or Chirurgeon, or is not expreſly allowed to practice, ſhall undertake a Cure, and the Patient die under his hand, it ſhall be Felony in the Perſon preſuming ſo to do. And the Law of God is as expreſly againſt the other, who muſt give a ſtrict account to the Phyſitian of Souls, for infecting, inſtead of Spiritually healing (as far as inſtruments may do) his Flock. But this by the way.

Of the College of Civilians, called Doctors Commons.

The Civil Law is moſt practiſed in London, though Degrees therein are taken only in Oxford and Cambridge, and the Theory there beſt acquired. The College called Doctors Commons, was firſt purchaſed by Doctor Henry Harvey, Dean of the Arches for p. 168the Profeſſors of the Civil Law, where commonly did reſide, the Judge of the Arches, the Judge of the Admiralty, and the Judge of the Prerogative Court, with divers Eminent Civilians, who living in a Collegiate manner, and Commoning together, it was called Doctors Commons. It ſtood near St. Pauls in the Pariſh of St. Bennets Pauls-Wharf in Farringdon-Ward-within. The Buildings were utterly conſumed by the Dreadful Fire in 1666, and then they reſided at Exeter-Houſe in the Strand, but it has been ſince Re-built at the proper Coſt and Charges of the ſaid Doctors, in a moſt Capacious and Beautiful manner, where they keep their Courts and pleadings every Term, which begins and ends almoſt at the ſame time with the Term at Weſtminſter.

The Chief Court is that of the Arches, ſo called from the Arched Church of St. Mary-le-Bow, in Cheapſide, where this Court was wont to be held, but now in the Common-Hall at Doctors Commons, the Judge whereof, is called the Dean of the Arches, having Juriſdiction over a Deanry, conſiſting of thirteen Pariſhes within London, exempt from the Juriſdiction of the Biſhop of London. Hither are directed all Appeals in Eccleſiaſtical matters, within the Province of Canterbury; to this belong divers Advocates, all Doctors of the Civil Law, two Regiſters and ten Proctors. The Dean or Judge of the Arches, ſitteth alone without any Aſſeſſors, and Heareth and Determineth all Cauſes, without any Jury of Twelve Men. The manner is briefly thus:

Fiſt goes out a Citation, then a Bill and Anſwer, then by Proofs, Witneſſes and Preſumptions, the matter is Argued pro and con, and the Canon and Civil Laws quoted, and then the Definitive Sentence of the Judge paſſeth, and upon that Execution. But by Statute 25 Henry the VIII. it was provided that p. 169it ſhall be Lawful for any Subject of England, in Caſe of Defect of Juſtice in the Court of the Archbiſhop of Canterbury, to Appeal to the King's Majeſty in His Court of Chancery, and that upon ſuch an 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, there lyes an Appeal to this Court, and beyond it to none other. It is called the Court of Delegates, and in Civil Affairs is the Higheſt Court in England.

Eccleſiaſtical Criminal Cauſes are Tried by way of Accuſation, Denunciation, or Inquiſition. The firſt, When ſome one takes upon him to prove the Crime. The ſecond, When the Church-Wardens Preſent, and are not bound to prove, becauſe it is preſumed they do it without Malice, and that the Crime is Notorious. Thirdly, By Inquiſition, when by reaſon of Common Fame, inquiry is made by the Biſhop, ex Officio ſuo, by calling ſome of the Neighborhood, or the Party Accuſed, to their Oaths. But this Oath ex Officio, was taken away by Parliament, in the time of King Charles the Firſt.

If the Party Accuſed, after Admonition ſubmits not, he is Excommunicated from the Church, and is diſenabled to be a Plaintiff in a Law Suit, &c. Which is called Excommunicatio Minor.

Excommunicatio Major excludes from the Church, and from Society in Temporal Affairs, and that for Hereſie, Schiſm, Perjury, Inceſt, or ſuch grievous Crimes; then a Man cannot be Plantiff, or Witneſs, in any Civil or Eccleſiaſtical Court. And if he continues Excommunicated 40 Days, the King's Writ de Excommunicato capiendo is granted out of the Chancery againſt him, whereupon he is caſt into Priſon, without Bail, there to lye till he hath ſubmitted to the Biſhop, and ſatisfied for what he is charged with; by which many tender Conſciences p. 170have ſuffered deeply. There is an Anathematiſmus inflicted upon an obſtinate Perſon, that is Judged an Heretick, wherein he is Curs'd and Rejected to Damnation. There is alſo an Interdict, Prohibiting all Divine Offices to a Place or People; if againſt a People, it follows them any where; if againſt a Place, the People may go elſewhere to hear.

Somtimes a Perſon Adjudged a Delinquent, is puniſhed another way, which is called Publick Pennance, and is to ſtand in the Church-Porch upon Sunday bare Headed and bare Footed, in a White ſheet, and a White Rod in his Hand, then he is to go into the Church, and his Crime being publickly repeated, and he profeſſing Repentance, is Abſolved; but in ſome Caſes the Party may come off for Money to the Poor, or ſome Pious Uſe, which is not always converted that way.

Chriſtian Burial is denyed to Perſons Excommunicate, or Perjured, to ſuch as are Hang'd for Felony, or Kill themſelves, to Apoſtates, Hereticks, and Extortioners. Somtimes the Clergy Men are ſuſpened, ab Officio, viz. from the Exerciſe of their Functions, ſomtimes there is a Deprivatio a Beneficio, when deprived of their Livings; ſomtimes they are Degraded, that is, Deprived of their Orders, which is commonly for ſome Heinous Crime. So much Briefly of theſe Cenſures and Puniſhments.

The Office of Actuary attending the Court of Arches, is to ſet down the Judges Decrees, Regiſter the Acts of the Court, and ſend them in Books of the Regiſtry. The Office of the Regiſter is to Attend the Court by himſelf or Deputy, and receive all Libels or Bills, Allegations, and Exhibits of Witneſſes, Files all Sentences, and keeps the Records of the Court.

The Beadle attends the Court, carryeth a Mace before the Judge, and calls the Perſons Cited to appear. p. 171The Judge and all the Advocates (who are all Doctors of the Civil Law) wear Scarlet Robes, with Hoods lined with Taffata, (if they be of Oxford) or White Miniver Furr, (if of Cambridge) and the Proctors ought to wear Hoods lined with Lamb skin, if not Graduates; but if Graduates, Hoods according to their Degree.

The Proctors are Perſons that Exhibit their Proxies for their Clients, and make themſelves Parties for them, and draw and give in Pleas, or Libels and Allegations, in the behalf of their Clients, produce the Witneſſes, prepare the Cauſes for Sentence, and and attend the Advocates with the proceedings.

All Arguments made by Advocates, and all Petitions made by Proctors, are to be in Latin. All proceſs of this Court, runs in the Name of the Judge, and returnable before him, heretofore in Bow-Church, but now in the Common-Hall at Doctors Commons. The Places and Offices of this Court are in the Gift of the Archbiſhop of Canterbury.

Theſe Eccleſiaſtical Laws conſiſt of Canons made by General Councels, the Opinion of Fathers, the Decrees of ſeveral Biſhops of Rome formerly admitted, and our own Conſtitutions, made antiently in ſeveral Provincial Synods, which by 25 Henry VIII. are in Force ſo far as they are not Repugnant to the Laws and Cuſtoms of England, or the King's Prerogative. Then the Canons made in the Convocations of latter times, as Primo Jacobi, and confirmed by him; ſome Statutes Enacted by Parliament, and divers old Cuſtoms not written, but yet in uſe; and where theſe fail, the Civil Law takes place.

Amongſt the Great Officers of the Crown, which are Nine, (viz. the Lord High Steward of England, the Lord High Chancellor, the Lord High Treaſurer, the Lord Preſident of the KING's Council, the Lord Privy Seal, the Lord Great Chamberlain, p. 172the Lord High Conſtable, the Earl Marſhal, and the Lord High Admiral of England.) The laſt only appertains to this place; his Truſt and Honour is ſo great, that it has been uſually given to the KING's Younger Sons, near Kinſmen, or ſome of the Higheſt and Chiefeſt of all the Nobility. He has the management of all Maritime Affairs, as well in reſpect of Juriſdiction, as Protection; he Governs the Navy Royal, and decides all Civil and Criminal Cauſes in Sea Affairs, whether done upon or beyond Sea, in any part of the world, on the Sea Coaſts, in all Ports or Havens, and all Rivers beyond the Firſt Bridg next towards the Sea. Which Dignity is now executed by Commanders.

To the ADMIRALTY belong ſeveral Courts, but this at Doctors Commons is the Principal or Supreme, and it may not be improper in Treating of this Colledge, to give a brief account of it; for the reſt the Reader is referred to the Preſent State of England. In this Court, called the COURT of ADMIRALTY, he hath uſually a Lieutenant, called Judge of the Admiralty, who is commonly ſome Learned Doctor of the Civil Law. The proceedings in all Civil Matters, are according to the Civil Law, becauſe the Sea is without the Limits of the Common Law, and by Libel they proceed to the Action, the Plaintiff giving Caution to proſecute the Suit, and to pay what ſhall be Adjudged againſt him, if he fail in the Suit; the Defendant on the Contrary, ſecuring the Plaintiff by a ſufficient Surety or Caution, as the Judge ſhall think meet, that he will appear in Judgment, and pay what 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.

They make uſe alſo of the Laws of Rhodes and p. 173Oleron; whereof the former is an Iſland in the Medi…rranean Sea, about 20 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, that 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 for their Sea Affairs, referred all Debates and Differences to the Judgment of theſe Rhodian Laws.

Oleron is an Iſland antiently belonging to the Crown of England, ſeated in the Bay of Aquitaine, not far from the Mouth of the Garonne, where our Famous King Richard the firſt cauſed to be compiled ſuch Excellent Laws for Sea-Matters, that in the Ocean-Sea Weſt ward, they had almoſt as much repute as the Rhodian-Laws in the Mediterranean; and theſe Laws were called La Rool d' Oleron. What we have of the Rhodian-Law, with the Comments thereon, inſerted by the old Juris-Conſults in the Pandects, and the Conſtitutions made by the Roman Emperors, contained in the Code and in the Novelles, ſtill hold preheminence of all others. Under this Court there is a Court of Equity for Determining Differences between Merchants. Former Cuſtoms and Decrees are of Force alſo to decide Controverſies.

The proceeding in Criminal Affairs, as about Piracy, is, according to two Statutes made by H. VIII. to be Tried by Witneſſes, and a Jury, by ſpecial Commiſſion of the KING to the Lord Admiral, wherein ſome of the Judges of the Realm are ever Commiſſioners, and the Trial according to the Laws of England, directed by thoſe Statutes.

p. 174All Cauſes that happen between the High and Low-Water-Mark are determinable at Common-Law, becauſe that place belongs then to the body of the Adjacent Country, but when it is Full Sea, the Admiral hath Juriſdiction there alſo, (ſo long as the Sea flows) over matters done between Low-Water Mark and the Land, as appears in Sir Henry Conſtables Caſe, 5 Report, Coke, p. 107.

For Regulating and Ordering His Majeſties Navy, Ships of War, and Forces by Sea, ſee thoſe excellent Articles and Orders in Stat. 13. Car. 2. Cap. 9.

The Writs and Decrees of this Court run in the Name of the Lord High Admiral, and are Directed to all Vice-Admirals, Juſtices of Peace, Mayors, Sheriffs, Bayliffs, Conſtables Marſhals, and other Officers and Miniſters of our Soveraign Lord the King, as well within Liberties …s without.

To this Court belongs a Regiſter; a Marſhall, who carries a Silver Oar before the Judge, whereon are the Arms of the King, and the Lord High Admiral. The Lord High Admiral hath here his Advocate and Proctor, and all other Advocates and Proctors are preſented by them, and admitted by the Judge.

This Court is held on the ſame day with the Arches, but in the afternoon in the ſame Common-Hall at Doctors Commons. But the Admiralty Seſſion is held at St. Margarets-Hill in Southwark, where it was antiently kept for the Tryal of Malefactors, and Crimes Committed at Sea.

The Places and Offices of this Court are in the gift of the Lord High Admiral.

At Doctors Commons is another Court belonging to the Archbiſhop of Canterbury, called the Prerogative Court, which Judgeth all Eſtates fallen by Will, or by Inteſtates; It is ſo called becauſe the Archbiſhop, by vertue of his Prerogative, hath this Power p. 175throughout the whole Province, where the Party at the time of Death had 5 l. or above, in ſeveral Dioceſſes. 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 at Pauls.

The Judge is attended with a Regiſter, 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 Deans Court near St. Pauls Churchyard, where for a Moderate Fee, one may ſearch for, and have a Copy of any ſuch Teſtament, made ſince the Rebellion of Wat-Tyler and Jack-Straw, (which is above 300 years ago, in the Reign of Richard the Second) for by thoſe Rebels many Records and Writings in London and other places were then burnt and deſtroyed.

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

The Court of Delegates, who upon every New Buſineſs have a New Commiſſion, and New Judges, according to the Nature of the Affair, is kept alſo in the ſame Common-Hall in the Afternoon, the Day after the Prerogative; But of this we have ſpoken ſomething before: the Citations and Decrees here run in the King's Name.

Of the College of Heralds.

Not far from the College of Doctors Commons, ſtood the College of Heralds, now Rebuilt.

It was an antient Houſe Built by Thomas Stanley Earl of Derby, who Married the Mother of King Henry the VII. and was beſtowed by Queen Mary on the King's Heralds, and Purſuivants at Arms for p. 176ever, 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 be ſafely preſerved.

Theſe are to be the Meſſengers of War and Peace, they are skilful in Deſcents, Pedigrees, and Coats of Arms. They were made a College or Corporation by Charter of King Richard the III. and by him had ſeveral Priviledges granted unto them; as to be free from Subſidies, Tolls, and all troubleſom Offices of the Kingdom. Another Charter of Priviledges was granted unto the Society by King Edward the VI, in the Third year of his Reign.

Of this Collegiate Society are three ſtiled Kings at Arms, ſix called Heralds, and four Purſuivants at Arms.

The firſt and principal among the Kings at Arms, is called Garter, Inſtituted by King Henry the fifth, whoſe Office (as was ſaid in the Section wherein the King's Court is treated of) is to attend the Knights of the Garter at their Solemnities, and to Marſhal the Solemnities at the Funerals of the higher Nobility of England, to advertiſe thoſe that are choſen of their New Election, to call on them to be Inſtal…ed at Windſor, to cauſe their Arms to be hung up upon their Seats there, to Carry the Garter to Kings and Princes beyond Seas; for which purpoſe he was want to be joyn'd 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 Ʋlſter in Ireland, had with her the honour of Clare in Thomond, whereupon he was afterwards Created Duke of Clarence, or the Territory about Clare; which Dukedom Eſcheating to King Edward the Fourth, p. 177by 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 Clarencieux in French, and Clarentius in Latine. His Office is to Marſhal and diſpoſe the Funerals of 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. Theſe two are called Provincial Heralds, England being divided by them 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 on Enſigns, and with Garter to Direct the Heralds.

The Six Heralds, antiently belonging properly to Dukes, have been called Dukes at Arms, and are thus called and Ranked. 1. Windſor. 2. Richmond, 3. Cheſter. 4. Somerſet. 5. York. 6. Lancaſter, who now wait at Court, attend Publick Solemnities, Proclaim War and Peace, &c. Of theſe Heralds there are at preſent but Four, who are named Rouge-Croſs, Rouge-Dragon, Portcullice, and Blew-mantle; from ſuch Badges heretofore worn by them, as it is thought. The Service of the whole College is uſed in Marſhalling and ordering Coronations, Marriages, Chriſtnings, Funerals, Interviews, Feaſts of Kings and Princes, Cavalcades, Shews, Juſts, Tournaments, Combats before the Conſtable and Marſhal, &c. to take care of the Coats of Arms, of the Genealogies of the Nobility and Gentry; and whatſoever concerns Honour. They all receive yearly Sallaries out of the Exchequer, and are to be Gentlemen at leaſt. The Six Heralds are Exp…eſly made Eſquires by the King, when they are Created; which is now done by the Earl-Marſhal, who hath p. 178a ſpecial Commiſſion for every particular Creation, which anciently was performed by the King himſelf. For the Creating and Crowning Garter King at Arms, there are provided a Sword and Book, whereon to take a Solemn Oath; then a Gilt Crown, a Collar of SS's, a Bowl of Wine, which Bowl is the Fee of the New Created King, alſo a Coat of Arms of Velvet, richly Embroidered.

He is thus Created. Firſt he kneels down before the Earl-Marſhal, and laying his hand on the Book and Sword, another King at Arms reads the Oath; which being taken, and the Book and Sword, the Letters Patents of his Office are read, during which the Earl-Marſhal pours the Wine on his head, giving him the Name of Garter, then puts on him the Coat of Arms and Collar of SS's, and the Crown on his head.

His Oath is, To obey the Supream Head of the Moſt Noble Order of the Garter, and then the Noble Knights of that Order, in ſuch things as appertain to his Office; to inquire diligently what Notable or Noble Acts are performed by every Knight of the Order, and certifie the ſame to the Regiſter of the Order, that he may Record it, 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 Arms, and 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 Sallary, that is, twice as much as the other two Kings; he hath Fees at Inſtalments, yearly Wages given by the Knights of the Garter, and their uppermoſt Garment when Inſtalled, &c.

p. 179The two Provincial Kings at Arms, Clarencieux and Norroy, are Created by Letters Patents, a Book, a Sword, &c. as Garter, and with almoſt the ſame Ceremonies.

A Herald at Arms is Created with the like Ceremony, but his Coat of Arms is to be Satin, imbroidered richly with Gold, he is brought in by two Heralds, as a King at Arms is by two Kings at Arms.

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. The Purſuivants at Arms are Created likewiſe 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; to Swear Solemnly to be true to the King, to be ſerviceable to all Chriſtians, to be Secret and Sober, more ready to commend than to blame, to be humble, lowly, &c.

This College felt the fury of the great Fire, but is ſince very beautifully re-built by the Members, and the bountiful contribution of Honourable Perſons. Here are always Officers waiting to ſatisfie Comers, touching Deſcents, Pedigrees, Coats of Arms, &c. Theſe Officers are the King's Sworn Servants, of which ſee the fourth Section of the third Chapter, where we treated of the King's Court.

Inns of Courts.

The Colleges of Municipal or Common-Law-Profeſſors and Students are Fourteen, which may be (not unfitly) ſtiled an Ʋniverſity, where the Students of the Law and Practitioners thereof live not of common Stipends, but by their Places or Practice, or their own Proper Revenues, or their Friend▪ p. 180Exhibition, for they are moſt commonly Gentlemen by Deſcent, and it was the command of King James that none but ſuch ſhould be admitted, becauſe others may be prone to debaſe the honour of the Law, and play tricks; whereas the ſenſe of Honour, in perſons of Birth and Fortune, engages them to preſerve their Reputation.

Theſe Colleges are called Inns, which was the old Engliſh Word for the Houſes of Noblemen or Biſhops, or men of great Note, as the French word Hoſtel at Paris.

There are Two Inns of Sergeants, Four Inns of Courts, and Eight Inns of Chancery, of which there are Nine within the Liberty of the City, and five in the Suburbs. Thoſe within the City Liberties are

Sergeants Inn Fleetſtreet

Sergeants Inn Chancery-lane

For Judges and Sergeants only.

The Inner

The Middle

Temple, in Fleet-ſtreet, are Inns of Court.

Cliffords Inn, Fleetſtreet

Thavies Inn

Furnivals Inn

Bernards Inn

Staple Inn

Holborn

Are Inns of Chancery.

Without the Liberties are

Grays Inn Holborn

Lincolns Inn Chancery-lane

Inns of Court.

Clements Inn

New Inn

Lyons Inn

Inns of Chancery.

Of theſe we ſhall briefly ſpeak in this O…deras.

p. 1811. The Sergeants Inns are ſo called, becauſe Divers Judges and Serjeants at Law keep their Commons, and Lodge there in Term-time. In theſe Inns (or Colleges) the Students of the Common-Law (when they are arrived to the higheſt Degree) have Lodging and Dyet. They are called Servientes ad legem, Sergeants at Law. Theſe are bred two or three years in the Univerſity, and there chiefly verſed in Logick and Rhetorick, which are expedient for a Lawyer, as alſo in the Theory of the Civil-Law, and ſome knowledge in the French Tongue as well as Latine, then the Student is admitted to be one of the Four Inns of Court, where he is firſt called a Moot-man, and after about ſeven years Study, is choſen an Ʋtter Barriſter; and having then ſpent twelve years more, and performed his Exerciſes (of which more hereafter,) he is choſen a Bencher, and ſometime after a Reader. During the Reading, which heretofore was three Weeks and three Days, as afore-mentioned, the Reader keeps a Conſtant and ſumptuous Feaſting, Inviting the Chief Nobles, Judges, Biſhops, Great Officers of the Kingdom, and ſometimes the King himſelf, that it coſts them ſometimes 800 l. or 1000 l. Afterwards he wears a long Robe different from other Barriſters, and is then in a capacity to be made a Sergeant at Law, when his Majeſty ſhall be pleaſed 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, makes choice of ſix or eight more or leſs, of the moſt grave and learned of the Inns 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 a Serjeant at Law; at the appointed time, they being habited in Robes of two p. 182Colours. viz. Brown and Blew, come accompanied with the Students of the Inns of Courts, and attended by a Train of Servants and Retainers, in peculiar Cloath-Liveries, to Weſtminſter-Hall, and there in publick take a Solemn Oath, and are Cloathed with certain Robes and Coifs, without which they may be ſeen no more 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 Royal Family, the Archbiſhops, Chancellor and Treaſurer, to the value of 40 s. each Ring, and to Earls and Biſhops Rings of 20 s. To other Great Officers, to Barons, &c. Rings of leſs value.

Out of theſe are choſen all the Judges of the King's Bench and Common-Pleas; Wherefore all thoſe Judges do always wear the white Linnen Coif, which is the principal Badge of a Sergeant, and which he has had the priviledge to wear at all times, even in the King's preſence, and whilſt he ſpake to the King, though antiently no Subject may be ſo much as capped in the King's preſence. When any of the Judges are wanting, the King by advice of the Council makes choice of one of thoſe Sergeants at Law to ſupply his place, and by Letters Patents Sealed by the Lord Chancellor, who Conſtitutes him (ſitting in the middle of the reſt of the Judges) by a ſet Speech, Declaring to the Serjeant that upon this occaſion he is called to do Juſtice with Expedition and Impartiality to His Majeſties Subjects, cauſing the Letters Patents to be read, and then Departs; after which the Lord Chief Juſtice places the ſaid Sergeant on the Bench, Junior to all the reſt, and having taken an Oath well and truly to Serve the King and his People in his Office, to take no Brib…, to do equal and ſpeedy Juſtice to all, &c. He ſets himſelf to the Execution of his Charge. Being thus advanced, he hath great honour and a conſiderable Salary, beſides perquiſites, for each one hath p. 1831000 l. a year from the King. His habit of a Sergeant is ſomewhat 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 Minever, or de minuto vario, divers ſmall pieces of white rich Fur; only the two Lord Chief-Juſtices, and the Lord Chief-Baron have their Hoods, Sleeves, and Collars turned up with Ermine.

☞ Note that the two Sergeants Inns belong to the twelve Judges, and about twenty-ſix Sergeants.

The Fees in old times from a Client to a Sergeant at Law, for advice in his Chamber, or for pleading in any Court of Judicature, was but 20 s. and the Fee of a Barriſter 10 s. which is now more then is given in our Neighbour Nations, but at preſent it is uſual to give ſome ſome Sergeants 10 l. and ſome 20 l. and to a Barriſter half as much at the pleading of any Conſiderable Cauſe; ſo that ſome Lawyers gain 3000 or 4000 l. yearly in Fees, and purchaſe great Eſtates in a few years, and are ſometimes advanced to be Peers of the Realm, as late times eſpecially have ſhewn.

When there was a call of Serjeants at Law, it was almoſt incredible to hear of their preparations in old times, they have often kept their Feaſts in Ely Houſe, which was the Biſhop of Ely's Palace in Holborn.

There was a call of Seven Sergeants, in the year 1464. 4. E. 4. in Michaelmas Term, who kept their Feaſt in this Palace, to which Sir Matthew Philip, Lord Mayor of London, with the Aldermen, Sheriffs, and the moſt eminent Commoners, were invited, to which they came; but the Lord Gray of Ruthen, then Lord Treaſurer of England, was placed (againſt the minds of the Serjeants, as they ſaid) before the Lord Mayor, who thereupon took ſuch p. 184Diſtaſte that he went away with the Aldermen, Sheriffs, and Commons, without partaking of the Feaſt, to the great trouble of the New Sergeants, as well as the diſſatisfaction of the City.

There was another Feaſt kept there for Five days by the Sergeants, in the Year 1531. 23 Henry VIII. where the King, Queen, and Foreign Ambaſſadors Dined, as alſo the Lord Mayor, the Judges, the Barons of the Exchequer, the Aldermen of the City, and ſeveral Eminent Perſons, Merchants and Publick Officers, and many Gentlemen of Quality. There were brought to the Slaughter-Houſe 24 great Beefs, at 26 s. 8 d. a piece, from the Shambles; one Carkaſs of an Oxe at 24 s. One hundred Fat Muttons, at 2 s. 10 d. a piece. 51 great Veals, at 4 s. 8 d. a piece; 34 Porks at 3 s. 8 d. a piece; 91 Piggs at 6 d. each; 10 Dozen of Capons of one Poulterer, (for they had three) at 20 d. a piece; Capons of Kent 9 Dozen and a half at 12 d. a piece; Capons Courſe, Nineteen Dozen at 6 d. a piece; Cocks of Groſs 7 Dozen and 9, at 8 d. a piece; Cocks Courſe 14 Dozen and 8 at 3 d. a piece; Pullets the beſt 2 d half penny, other Pullets two pence; Pigeons 37 Dozen, at 10 d. the Dozen; Swans 14 Dozen; Larks 340 Dozen, at 5 d. the Dozen, &c. with all other Appurtenances needful for a Splendid and Magnificent Entertainment. Which is mentioned the rather, to ſhew the Change of Prices, this being but 150 Years ago.

The two Temples near Temple-Bar, were formerly the dwelling of the Knights Templers, who founded them in the Reign of Henry the II. Theſe Templers took beginning about the Year 1118. Their firſt profeſſion was for ſafeguard of Pilgrims, coming to viſit the Sepulchre at Jeruſalem, and increaſed mightily. They bare Croſſes of red Cloth on their uppermoſt Garments, to be known from others, they p. 185were called Templers, or Knights of the Temple, becauſe their firſt Manſion was near the Temple in Jeruſalem, granted to them by King Baldwin. Many Noblemen afterwards in all parts of Chriſtendom became Brethren of this Order, and built themſelves Dwellings in every great Town, but this at London was their chief Dwelling in England. Matthew Paris Reports, that they were firſt ſo Poor, that they had but one Horſe to Serve two of them; but they became very Rich and Pompous afterwards, and entertained the Nobility, and Foreign Ambaſſadors, and the Prince Himſelf frequently; their Seal for the reaſon aforeſaid, was two Men riding upon one Horſe. Many Parliaments and Great Councels have been there kept, as appears in our Hiſtorys. In the Year 1308. all the Templers in England and all Chriſtendom were apprehended, and committed to divers Priſons, for Hereſie and other Articles, by means of Philip King of France, who procured them to be Condemned by a General Councel, whoſe Lands were given by a Councel at Vienna, Anno 1324, to the Knights Hoſpitallers, called the Order of St. John of Jeruſalem, who took the Iſland of Rhodes from the Turk, and bravely maintained it, till the time of Solyman the Magnificent; who after a moſt ſharp and tedious Siege of ſix Months, took it, when they had Valorouſly kept it about 200 Years, and made a diſmal ſlaughter in Solymans great Army conſiſting of about 200000 Men, and 300 Gallies, &c. Theſe Knights have ſince Inhabited Malta, another Iſland in the Mediterranean Sea, given them by the King of Spain. In the Reign of Edward the III. this Temple was purchaſed by the Students of the Common Law, which is above 300 Years ago: they are called the Inner and Middle Temple, in Relation to Eſſex-Houſe, which was part of the Knights Templers, and called the Outer-Temple, becauſe Sealed without Temple-Bar. As to the Caſualties of Fire p. 186and Tumults, by which this Temple ſuffered, (but now reſtored in a Beautiful and Stately manner,) we refer to the Chapter that particularly Treats of ſuch things.

The Inns of CHANCERY, are

Cliffords-Inn in Fleet-ſtreet, ſomtimes belonging to the Lord Clifford, but afterwards let to Students of Law, Thavies-Inn in Holborn, begun in the Reign of Edward the III, and ſince purchaſed by Lincolns-Inn, as was alſo Furnivals-Inn in Holborn, Bernards-Inn, and Staple-Inn, belonging to the Merchants of the Staple; Theſe Five Inns of Chancery are within the Liberties of the City: And Clements-Inn ſo called, becauſe it ſtands near St. Clements Church without Temple-Bar; New-Inn, ſo called, becauſe of a Newer Foundation than the others, and Lyons-Inn, antiently a Common-Inn, with the Sign of the Lyon; which three laſt are without the City Liberties. Theſe were heretofore Preparatory Colledges for Younger Students, and many were entred here, before Admitted to the Inns of Courts. But now they are for the moſt part taken up by Attornies, Solicitors and Clerks, who have here their Chambers apart, and their Diet at a very eaſie 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 Barriſters to Read to theſe. In each of which, one with another, there are about 60 or 70 Perſons.

There are two Inns of Court without the City Liberties, called Lincolns-Inn, which antiently belonged to the Earls of Lincoln; and Greys Inn, belonging to the Noble Family of the Greys. Theſe two Inns are very Capacious and Stately Colleges, with very lovely Walks, and Gardens; Greys-Inn eſpecially, being p. 187Seated upon the very Edge or Skirt of the Sub…rbs in Holborn, yeilds a moſt Gallant Proſpect into the Country, and in its Beautiful Walks, one may partake of the freſh Country Ayr, as well as if in the Country.

In theſe two Inns, and in the two Temples, (which are our four Inns of Court, as was ſaid,) the Gentlemen that are Studious of the Common Law, reſide in a Collegiate manner. And in the Reign of Henry the VI, they floriſhed ſo that there were in each about 200 Students, each expending Yearly about 20 l. which was as much as 200 l. now, and were, as Forteſcue ſaith, Ʋltra Studium legum, quaſi Gymnaſia omnium morum; that is, Beſides the Studies of the Law, as it were Schools of all ſorts of Civility and Good breeding, or manners.

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 Excommoned, or put out of Commons, not to eat with the reſt; and for greater Offences they loſe their Chambers, and are expelled the College; and being once expelled, they are never received by any of the three other Societies. Which deprivation of Honour to Young generous Spirits, is more grievous than perhaps Deprivation of life.

They wear a Grave black Robe and Cap, when they meet at Chappel, at the Hall, or at Courts of Juſtice, and at other times walk with Cloak and Sword, or what they pleaſe. Theſe Colleges have no Lands nor Revenues, becauſe being no Corporations they cannot purchaſe, but the charges of the Houſe are defray'd by what is paid at Admittances, and Quit-Rents for their Chambers.

The whole Company of Gentlemen in each Society, may be divided into 4 parts, Benchers, Ʋtter-Barriſters, Inner-Barriſters, and Students.

p. 188Benchers are the Seniors, to whom is 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 Monies belong to the Houſe.

Ʋtter-Barriſters are ſuch as from 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 whilſt they Argue the ſaid Caſes, they ſit outermoſt on the Forms of the Benchers, which they call the Bar.

Out of theſe Moot-Men 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 Attornies 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 Ʋtter-Barriſters, do▪ for their Exerciſes, recite by heart, the pleading of the ſame Moot-Caſe, the one taking the part of the Plaintiff, and the other of the Defendant.

They divide the Year into three parts.

1. The Learning Vacation.

2. The Term times.

3. The Dead, or Mean Vacation.

They have two Learning Vacations, viz. Lent Vacation, which begins the firſt Monday in Lent, and continues Three weeks and Three days: and Summer Vacation, which begins the Monday after Lammas day, and continues alſo Three weeks and Three days. In theſe Vacations are the greateſt Conferences p. 189and Studious Exerciſes in this manner.

The Benchers appoint the Eldeſt Ʋtter-Barriſters to Read among 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 not provided againſt before the ſame 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 Ʋtter-Barriſters, repeats one Queſtion propounded by the Reader, and doth by way of Argument labour to prove the Readers Opinion to be againſt Law; and after him, the Senior Ʋtter-Barriſters 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, endeavours to Confute the 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 Ʋtter-Barriſter, again Rehearſeth another Caſe, which is Proſecuted as the former was. And this Exerciſe continues Daily 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 ſame Method and Order as the former. Out of theſe Readers, Sergeants at Law are uſually choſen.

The manner of Mooting, is thus: In theſe Vacations after Supper in the Hall, the Reader with one or two of the Benchers comes in, to whom one of the Ʋtter-Barriſters 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 p. 190they are called Benchers) and upon a Form in th… Middle of the Hall ſit two Ʋtter-Barriſters: an… on both ſides of them on the ſame Form ſits o… Inner-Barriſter, who doth in Law-French, declar… to the Benchers (as the Sergeants do at the Bar i… the KING's Court to the Judges) ſome kind o… Action, the one being (as it were) retained by th… Plaintiff, and the other for the Defendant. Whic… ended, the two Ʋtter-Barriſters Argue ſuch Queſtions as are Diſputable within the Caſe. Afte… which the Benchers do likewiſe declare their Opinions, how they take the Law to be in thoſ… Queſtions.

In thoſe Mootings the Junior always argueth firſt… as is uſed among the Judges in the Exchequer-Chamber, and among the Sergeants in open Courts o… Judicature. The Inner and Ʋtter-Barriſter Plea… in Law-French, and the Benchers in Engliſh, an… at the Readings, the Readers Caſes are put i… Engliſh.

Mootings in the Inns in Chancery, are thus: I… the Learning Vacation, each Ʋtter-Barriſter, who is a Reader in the Inns of Chancery, goes with two Students of the ſame Inn of Court, to the Inn o… Chancery, where he is appointed to Read, and there meet him Commonly two of each of the other Inn: of Court, who (ſitting as the Benchers do in the Inns of Court at their Moots,) hear and Argue his Caſe: in the Four Inns of Chancery, the Moots are read by thoſe of Greys-Inn, or Lincolns-Inn; in the other Four, by theſe of the two Temples.

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 a… p. 191at other times, and after Supper Moots are brought in, and Pleaded by the Inner-Barriſters in the preſence of the Ʋtter-Barriſters, which ſit there in the Room of the Benchers, and Argue as they do in Term Time and Learning Vacation.

Every quarter Commonly the Benchers cauſe one of the ſtanding Officers of the Houſe to Summon a Parliament, which is only an Aſſembly and Conference of Benchers, and Ʋtter-Barriſters, which are called the Sage Company, and meet in a place called the Parliament-Chamber, and there Treat of ſuch matters as ſhall ſeem exped…ent 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 accounts of the old Treaſurer, &c. Here Offences Committed by any of the Society are puniſhed, &c. In theſe Four Inns of Court, are eſtimated to be about 800 Students.