Part I. t Each of thefe Three Troops are divided into Four Squadrons or Divifions: Two of which confifting of One hundred Gentlemen, and commanded by one Principal Commiffion'd Offi. cer, two Brigadiers, and two Sub-Brigadiers, with two Trumpets, mount the Guard one Day in fix, and are reliev'd in their Turns. Their Duty is always by Parties from the Guard, to attend the Perfon of the King, wherefoever he goes near home; but if out of Town, he is attended by Detachments out of the Four Troops. Befides this, there is a more ftri&t Duty and Attendance weekly on the King's Perfon on Foot, wherefoever he walks, from his Rifing to his going to Bed; and this is perform'd by one of the Three Captains, who always waits immediately next to the King's own Perfon, before all others, carrying in his Hand an Ebony Staff or Truncheon, with a Gold Head, engra ven with his Majefty's Cipher and Crown: Near him alfo attends another Principal Commiffion'd Officer, with an Ebony Staff, and Silver Head, who is ready to relieve the Captain on occafions, and at the fame time alfo Two Brigadiers, having likewife Ebony Staves, headed with Ivory and engraven as the others. 1 One Divifion of Granadiers mounts with a Divifion of the Troops to which they belong; they go out on fmall Parties from the Guard, perform Centinel-duty on Foot, and attend the King alfo on Foot, when he walks abroad, and always march with great Detachments. The Pay of the faid Guards of Horfe is as followeth, viz. TH "HE Captain's Pay of the First Troop of Guards is i l 10 s. per diem. The other two Captains, their Pay is, to each 1 1. per Diem. A Lieutenants Pay of the Guards is 15 s. per Diem. A Cornet's Pay of the King's Troop is 14 s. per diem. A Quartermafters Pay is 9 s. per Diem. A Chaplain's Fay is 6 s. 8 d. per Diem. A Surgeon's Pay is 6 s. and his Cheft-Horfe 2 s, in all 8 r. Per Diem. A Brigadier's or Corporal's Pay of the King's Troop, is 7 s. per Diem. Of each of the other two Troops is 6 s. per Diem. A Trumpeter and Kettle- Drummer, each is 5 s. per Diem. A Sub-Corporal, or Sub-Brigadier's Pay is but equal to a Gentleman of the Troop, viz. 45. per Diem. The The Pay of the Granadiers of Horfe is as followeth. A Lieutenant's Pay is 8 s. per Diem. A Sergeant's Pay is 4 s. per Diem. A Corporal's Pay is 3 s. per Diem. A Hautbois and Drummer's Pay is 2 s. 6 d. per Diem. As to the Precedency of the refpective Officers of the King's Guards of Horfe, by their Commiffions the Captains always command as eldeft Colonels of Horfe; the Lieutenants as eldeft Lieutenant-Colonels of Horfe; the Cornets and Guidons, as eldest Majors of Horfe; the Quartermasters as youngest Captains of Horfe; the Brigadiers, as eldeft Lieutenants of Horfe; and amongst themselves every Officer, according to the Date of his Commiffion when on Detachments, but not when the Three Troops march with their Colours; for then the Officer of the eldest Troop commands thofe of equal Rank with him in the others, tho' their Commiffions be of elder Date. Next immediately after the Three Troops of Guards his Majefty's Regiment of Horfe takes place, and the Colonel of it is to have Precedency after the Captains of the Guards, and before all other Colonels of Horfe, what foever Change may be of the Colonel, and all the Officers thereof, in their proper Degree, are to take place according to the Dates of their Commiffions As to the Foot, the King's own Regiment of Guards takes place of all other, Regimen's, and the Colonel thereof is always to precede as the firft Colonel. The Coldstream Regiment takes the next place, and then all other Colonels according to the Dates of their Commiffions. All other Regiments of Horfe or Foot, not of the Guards take place according to their respective Seniorities from the time they were first raised; and no Regiment lofes its Preco dency by the Death or Removal of its Colonel. of Offences committed within the Verge of the King's Court. TH "HE King's Palace Royal is exempted from all Jurifdi&tion of any Court, Civil or Ecclefiaftical, but only of the Lord Steward, and in his Abfence, of the Treasurer and Comptroller of the King's Houfhold, with the Steward of the Marshalsea, who may, by virtue of their Office, without Commision, hear and Part I. determine all Treafons, Mifprifion of Treafons, Murders, Manflaughters, Breaches of the Peace, &c. committed within the King's Court or Palace, or within 200 Foot of the outward Gate. If any Man prefume to ftrike another within the Palace where the King's Royal Perfon refideth, and by fuch a Stroke only draw Blocd, his Right Hand fhall be ftruck off, and he committed to perpetual Imprisonment, and fin'd. By the ancient Laws of England, only ftriking in the King's Court, was punish'd with Death and lofs of Goods. To make the deeper Impreffion and Terror in Mens Minds for ftriking in the King's Court, it hath been order'd, That the Punishment for ftriking fhou'd be executed with great Solemnity and Ceremony, in brief thus: Punishment for friking in the King's Court. The Sergeant of the King's Wood-Yard brings to the place of Execution a fquare Block, a Beetle, Staple and Cords to faften the Hand thereto; the Teoman of the Scullery provides a great Fire of Coals by the Block, where the Searing-Irons, brought by the chief Farrier, are to be ready for the chief Surgeon to use; Vinegar and cold Water, brought by the Groom of the Saucery; the chief Officers alfo of the Cellar and Pantry are to be ready, one with a Cup of Red Wine, and the other with a Manchet, to offer the Criminal. The Sergeant of the Ewry is to bring Linnen to wind about, and wrap the Arm; the Yeoman of the Poultry a Cock to lay to it; the Yeoman of the Chandlery feared Cloths; the Mafter-Cook a fharp Dreffer-Knife, which at the Place of Execution is to be held upright by the Sergeant of the Larder, till Execution be perform'd by an Officer appointed thereunto. After all, the Criminal fhall be imprifon'd during Life, and fin'd and ranfom'd at the King's Will. CHAP. XV. Of the Civil Government of England in the respective Courts of Judicature: And firft, of the Court of Juftice call'd the KING's-BENCH. FOR OR the Execution of Laws, after the Houfe of Lords in Parliament, the Highest Court in England at CommonLaw, is the King's-Bench, fo call'd, becaufe anciently the Sovereign fometimes fat there in Perfon on a high Bench, and his Jdges on a low Bench at his Feet, to whom the Judica ture belongs in his abfence, or perhaps, because this Court determines Pleas between the Crown and the Subject. In this Court are handled the Pleas of the Crown, all things that concern the lofs of Life or Member of any Subject; for then the King is concern'd, because the Life and Limbs of the Subject belongs only to the King. Here are handled all TreaJons, Felonies, Breach of Peace, Oppreffion, Mifgovernment, &c. This Court moreover hath Power to examin and correct Errors in Fato, and in Jure, of all the Judges and Juftices of England in their Judgments and Proceedings; and this, not only in Pleas of the Crown, but in all Pleas, Real, Perfonal, and Mix'd, except only in the Exchequer. In this high Court fit commonly four grave reverend Judges, whereof the first is ftiled the Lord Chief Juftice of the King'sBench, and is created not by Patent, but by a fhort Writ, thus; A. B Militi falutem. Sciatis quod conftituimus vos Jufticiarium noftrum Capitalem, ad placita coram nobis tenenda, quam diu te bene gefferis. Tefte meipfo apud Weftm. The reft of the Judges of the King's-Bench did formerly hold their Places by Letters-Patents in these words; Rex omnibus ad quos prafentes litera pervenerint, falutem. Sciatis quod conftituimus dilectum & fidelem. A. B. Militem, unum Fufticiariorum, ad Placita coram nobis tenenda, durante bene placito noftro. Tefte, &c. But fince the Revolution, their Tenure is like the former. Thefe 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. This Court may grant Prohibitions to keep other Courts, both Ecclefiaftical and Temporal, within their Bounds and due Jurifdi&tion: The Jurifdi&tion of this Court is general, and extendeth to all England; (for the Law prefumes, that the Sovereign is always there in Perfon.) None may be Judges in this Court, unless he be a Sergeant of the Degree of the Coif; that is, a Sergeant at Law, who upon taking this high Degree, is oblig'd to wear a Lawn-Coif under his Cap always at the Bar. The Jurifdiction of this Lord Chief Justice is very great over all England, and even in Parliament-time; the Lords fometimes waving their own Power, have directed him to fend his Warrant to feize Perfons fufpected of Capital Crimes. Secondly, Of the High Court of CHANCERY. Next to the King's-Bench in Westminster-Hall, is wifely placed this High-Court, to mitigate the Rigour of the other: It is Curia Cancellaria; becaufe, as fome think, the Judge of this H 3 Court Court fate anciently intra Cancellos, or Latices, as the Eaft-end of our Churches, being feparated per Cancellos from the Body of the Church, as peculiarly belonging to the Priest, were thence call'd Chancels This Court is the Officina Juftitia, the Womb of all our Fundamental Laws, the Fountain of all our Proceedings in Law, the Original of all other Courts. It is as ancient as the Civility of the Nation, tho' perhaps by another Name. This Court proceeds either ordinarily, according to the Laws, Statutes and Cuftoms of the Nation, and in Latin granting out Writs Mandatory and Remedial; Writs of Grace, or elie according to Equity and Confcience, and by English Bill fo that the Chancery hath two Courts in one; the Equitable part is by Bills, Anfwers, and Decrees, to examin Frauds, Combinations, Truft, Secret Ufes, &c. to moderate the Rigour of the Laws, and rescue Men out of the Hands of their Oppreffors; to relieve a Man especially in three things, viz. against Cheats, unfortunate Accidents, and Breaches of Truft. Out of this Court are iffued Writs or Summons for Parliaments and Convocations, Edicts, Proclamations, Charters, Prorections, Safe-conducts, Writs of Moderata Mifericordia, when any Perfon hath been amerced too high, and for a reasonable Part of Goods for Widows and Orphans, Patents for Sheriff's, Writs of Certiorari to remove Records and Falfe-Judgments in inferior Courts, Writs of Audita Querela, and Scire facias: Here are fealed and enroll'd Letters Patents, Treaties and Leagues with Foreign Princes, Deeds between Party and Party, touching their Lands and Eftates, or Purchafers taking Recognizances, and making of Extents upon Statutes and Recognizances for Payment of Money, or Securing of Contracts, Writs Remedial or Magifterial, Commiffions of Appeal, Oyer and Terminer, &c. The Court of Common-Pleas, which are betwixt Subject and Subje&t, hath its Original and Commiffion from the Chancery, and cannot hold Pleas without it. For the Latin Part of this Court, are the Twenty-four Curfitors, 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 only the Perfon, not his Lands or Goods. Chanc lez The Judge of this Court is the Lord Chancel1er, or Lord Keeper of the Great Seal of England. He is here the fole Judge, whereas in other Courts there are three or four Judges But he may, and doth often, in Cafes of greater weight and difficulty, call fome of the other Judges to his Affiftance; and therefore it is faid, this Office may be discharged by one that is no profefs'd Lawyer, as it was almost always anciently. Anciently |