СНАР. XI.

Of the Civil Government of England; and firft of the Great Officers of the Crown.

N

[Ext to the King and Princes of the Blood, are reckoned the Great Officers of the Crown, whereof they are Nine; The Lord High Steward of England, the Lord High Chancellor, the Lord High Treasurer, the Lord Prefident of the King's Council, the Lord Privy-Seal, the Lord Great Chamberlain, the Lord High Conftable, the Earl Marshal, and the Lord High Admiral.

High Steward.] The first Great Office of the Crown, according to the Account of our Ancestors, was the Lord High Steward of England, or Vice-Roy, for fo the word Steward imports in the Saxon Tongue, from Stede and Ward, locum tenens, in French, Lieutenant, and was the fame Officer with the Reichs Droffet, that is, Regni Vice Rex in Sweden, and the Stadtholder in Denmark, who is also call'd Vice-Roy, or Lieutenant du Roy. Our Common Lawyers ftile him Magnus Anglia Seneschallus.

He was anciently the highest Officer under the King, and his Power fo exorbitant, that it was thought fit no longer to trust it in the hands of any Subject; for his Office was Supervidere &regulare fub Rege & immediatè poft Regem (as an ancient Record fpeaks) totum Regnum, temporibus pacis & guerrarum.

The laft that had a State of Inheritance in this High Office, was Henry of Bullingbrook, (Son and Heir to the Great Duke of Lancaster, John of Gaunt,) afterwards King of England; fince which time they have been made only pro hac vice, to officiate either at a Coronation, by virtue of which Office he fitteth Judicially, and keepeth his Court at the King's Palace at Weftminster, and there receiveth the Bills and Petitions of all fuch Noblemen and others, who by reason of their Tenure or otherwife, claim to do Services at the King's Coronation, and to receive the Fees and Allowances due and accustomed; or elfe for the Arraignment of fome Peer of the Realm, their Wives or Widows, for Treafon or Felony, or fome other great Crime, to judge and give Sentence, as the ancient High Stewards were wont to do; which ended, his Commiffion expireth. During his Stewardship, he bears a White Staff in his Hand; and the Trial being over, openly breaks it, and so his Office ends.

Lord Chancello2.] Next is the Lord High Chancellor, Summu Cancellarius, fo called, because all Patents, Commissions, Warrants, coming from the King, and perufed by him, are Signed, if well; or Cancell'd, where amifs; that is, cross'd out with

Lines a-crofs like crofs Bars or Latices, call'd in Latin Cancelli; or else because anciently he fat intra Cancellos; that is, fuch a Partition as usually now separates the Church from the

Chancel.

Dignity. He is, after the King and Princes of the Blood, in Civil Affairs, (there being now no Lord High Steward) the higheft Perfon in the Kingdom, as the Arch-Bishop of Canterbury is in Ecclefiaftical Affairs.

Dffice.] His Office is to keep the King's Great Seal, to judge not according to Common I aw, as other Civil Courts do, but to moderate the Rigour of the Law, and to judge according to Equity, Confcience, or Reason; to beftow all Ecclefiaftical Benefices in the King's Gift under 20. yearly in the King's Books; And for this and other Caufes he was formerly often a Clergy-man

Dath.] His Oath is to do Right to all manner of People, poor and rich, after the Laws and Cuftoms of the Realm, and truly to counsel the King; to keep fecret the King's Counsel, nor fuffer, fo far as he may, the Rights of the Crown to be di minifh'd, &c. This high Office is in France, durante vita ; but here 'tis durante bene placito Regis.

Salary: The Salary from the King was 848 1. per Ann. and when the Star-Chamber was up, 200l. per Ann. more for his Attendance there; the whole is now above 7000 1.

Creation.] The Lord Chancellor and the Lord. Keeper are the fame in Authority, Power, and Precedence, yet they differ in Patent, in Height and Favour of the King; the Keepers are created per Traditionem magni Sigilli fibi per Dominum Regem, and by taking an Oath; only the Lord Chancellor hath befides a Patent.

Lozo Treaturer.] The third great Officer of the Crown, is the Lord High Treasurer of England, who receives this high Office by a delivery of a Staff to him by the King, and holds it durante bene placito Regis.

Anciently he received this Dignity by the delivery of the Golden Keys of the Treasury.

Dath.] His Oath is little different from that of the Lord Chancellor.

Dffice. He is Præfectus Ærarii, a Lord by his Office, under whofe Charge and Government is all the King's Revenue kept in the Exchequer. He hath alfo the Check of all the Officers any way employed in collecting Impofts, Customs, Tributes, or other Revenues belonging to the Crown. He hath the Gift of all the Officers of the Cuftoms in all the Ports of England.

He hath the Nomination of the Efcheaters in every Country, and in fome Cafes, by Statute, is to appoint a Measurer for the Length and Breadth of Cloths.

He, with others joined in Commiffion with him, or without, letteth Leafes of all the Lands belonging to the Crown. He giveth Warrants to certain Perfons of Quality, to have their Wine Cuftom-free.

The ancient Annual Salary of the Lord High Treafurer of England. was in all 383 l. 7 s. 8 d. but the late Salary was 8000l. per Annum.

Lozd zefident.] The fourth Great Officer named in the Statute 31 Hen. VIII. is the Lord Prefident of the King's PrivyCouncil; an Officer as ancient as King John's Time, and was ufually call'd Confiliarius Capitalis. His Office is to attend upon the King, to propofe Bufinefs at Council-Table, and then to report to the King the feveral Tranfactions there. It hath been always granted by Letters under the Great Seal, durante bene placito.

Lozd Privy Seal.] The fifth Great Officer is the Lord Privy Seal, who is a Lord by his Office, under whofe Hands pafs all Charters and Grants of the King, and Pardons figned by the King, before they come to the Great Seal of England; alfo divers other Matters, as for the Payment of Money, &c. which do not pass the Great Seal.

He is, by his Place, of the King's Privy-Council, and befides this Oath of Privy Councellor, takes a particular Oath as Lord Privy Seal.

His Salary is 1500l. per Ann.

His Place, according to Statute, is next to the Lord Prefident of the King's Council.

Dignity.] This Great Officer is mentioned in the Statute 2 of Rich. II. and then ranked among the Chief Persons of the Realm.

T

Chamberlain ] The fixth Great Officer of the Crown is the Lord Great Chamberlain of England, an Officer of great Antiquity, to whom belongs Livery and Lodging in the King's Court, and certain Fees due from each Arch-Bishop or Bishop, when they do their Homage or Fealty to the King, and from all the Peers of the Realm at their Creation, or doing their Homage or Fealty; and at the Coronation of every King he is to have forty Ells of Crimson Velvet for his own Robes; and on the Coronation-Day, before the King rifeth, to bring his Shirt, Coyf, and Wearing-Cloaths; and after the King is by him apparelled and gone forth, to have his Bed and all the Furniture of his Bed-Chamber for his Fees, and all the King's Night, Apparel, and to carry at the Coronation the Coyf, Gloves and Linnen, to be ufed by the King upon that Occafion; alfo the Sword and Scabbard, and the Gold to be offered by the King, and the Robe Royal and Crown, and to undress and attire the King with the Robes Royal, and to ferve the King that Day before and after

Dinner with Water to wash his Hands, and to have the Bafon and Towels for his Fees, &c.

Moreover, to this great Officer belongs the Care of providing all things in the House of Lords in the time of Parlia ment, and to that end he hath an Apartment near the Lords Houfe.

To him belongeth the Government of the whole Palace of Westminster: He alfo iffueth out his Warrants for the preparing, fitting and furnishing of Westminster-Hall against Coronations and Trials of Peers in Parliament time. The Gentleman-Uber of the Black Rod, the Teoman-Uber, and Door-keepers are under his Command.

He difpofeth of the Sword of State to what Lord he pleaseth, to be carried before the King when he comes to the Parliament, and goes on the Right Hand of the Sword next to the King's Perfon, and the Lord-Marfbal on the Left.

Upon all Solemn Occafions, the Keys of Westminster-Hall, and the Keys of the Court of Wards, and Court of Requests, are delivered to him.

This Honour was long enjoyed by the Earls of Oxford, from the Time of Henry the First, by an Estate Tayl or Inheritance; but in the two laft Coronations by the Earls of Lindsey, and that by an Estate or Inheritance, from a Daughter and Heir General claimed and controverred, and is at prefent enjoyed by the Duke of Ancafter. But by a late Act he is not to have Precedence of Dukes, but according to his Creation.

Conftable.] The Seventh Great Officer is the Lord High Conftable of England, fo called from Comes Stabuli, whofe Power and Jurifdiction was anciently fo great, that after the Death of Edward Bagot, or Stafford, Duke of Buckingham, 1521. and the laft High Conftable of England, it was thought too great for any Subject.

But fince upon occafion of Coronation, and at folemn Tryals by Combat (as that which was intended between Rey and Ramsey 1631. was made Robert Earl of Lindsey) there is created pro illa Vice, a Lord High Conftable. His Power and Jurifdiction is the fame with the Earl-Marshal, with whom he fits Judge in the Marshal's Court, and takes Place of the Earl-Marshal.

Eari-Barthat. The Eighth Great Officer of the Crown, is the Earl-Marshal of England; In French Marefchal, and used by them to fignifie indifferently that great Military Office, as well as a Smith or Farrier; but their Etymologies, according to the feveral Senfes are different. Marefchal when it fignifies a General of an Army, is derived from Mare, a Francic Word, denoting Great and Honourable, and Scale a Servant : When it fignifies a Farrier, it comes from Mare, a Horfe, and Scale as above. He is an Earl, fome fay, by his Office, whereby he taketh, as the Conftable doth, Cognizance of all Matters of War and Arms, determineth Contract touching Deeds of

F 4

Arms

Arms out of the Realm upon Land, and Matters concerning Wars within the Realm, which cannot be determined by Common Law; and in these Matters he is commonly guided by the Civil Law.

Note, That anciently he had feveral Courts under him, but hath now only the Marshalley.

This Office is of great Antiquity in England, and anciently of greater Power than now; and has been long Hereditary in the Houfe of Norfolk: For the firft D. of Somerfet of the prefent Family, was Earl-Marthal in 1553.

Jomiral] The Ninth and laft Great Officer of the Crown, is the Lord High Admiral of England.

The Learned Du Frefne fays, this word was borrowed from the Saracens first by the Sicilians, and afterwards by other Chriftian Nations.

The Patent of the Lord Admiral did anciently run thus: Anglia, Hibernia, & Aquitanie Magnus Admirallus; but at present thus, Magne Britannia, & Hiberniæ, ac Dominiorum & Infularum earundem, Ville Calefia & Marchiarum ejufdem, Normandie, Gafconia, & Aquitanie Maghus Admirallus & præfectus Generalis Claffis Marium dictorum regnorum.

To the Lord High Admiral of England, is by the King entrufted the Management of all Maritime Affairs, as well in refpe&t of Jurifdiction as Protection. He is that High Officer, or Magiftrate, to whom is committed the Government of the King's Navy, with Power of Decifion in all Cafes Maritime, as well Civil as Criminal; of all things done upon or be yond the Sea, in any part of the World; all things done upon the Sea-Coaft, in all Ports and Havens, and upon all Rivers below the first Bridge next towards the Sea.

The Lord Admiral hath a Power to commiffionate a Vice Admiral, a Rear Admiral. and all Sea Captains; all Deputies for particular Coafts; Coroners to view dead Bodies found on the SeaCoafts, or at Sea; Commiffioners or Judges for exercising Justice in the Court of Admiralty, to Imprifon, Releafe, &c.

He hath fometimes a Commiffion to bestow Knighthood on fuch as fhall deferve it at Sea.

To the Lord High Admiral belongs by Law and Custom, all Penalties and Amercements of all Tranfgreffors at Sea, on the Seafhore, in Ports, and from the first Bridge on Rivers towards the Sea; alfo the Goods of Pirates, Felons, or Capital Faulters, Condemn'd, Out-law'd, or Horned. Moreover, all Waifs, StrayGoods, Wrecks of Sea, Deodands,a Share of all lawful Prizes, Lagon, Flotfon and Jetfon, as our Lawyers term it; that is, Goods lying in the Sea, on Ground, Goods floating on the Sea, and Goods caft away by the Sea on the Shore, not granted to Lords of Manwors adjoining to the Sea: All great Fishes, as Sea-Hogs, and other Fishes of extraordinary Bignefs, called Royal Fibes, except only Whales and Sturgeons. СНАР.