c. And for their Accompts and many other things as Estreat-Rules all Charters and Letters Patent whereupon any Rents are reserved to the King and formerly here were Two Secondaries and Ten other Sworn Clerks If any Clerk make Process for any Debt paid the Tallies whereof are joyned and allowed he shall lose his Office be Imprisoned c. He maketh Entry of Record of Sheriffs and Accomptants paying their proffers at Easter and Michaelmas and makes Entry of keeping their days of Prefixion The Green Wax is certified into his Office and by him delivered to the Clerk of Estreats All Accompts of Customers Comptrollers c. are here entred to avoid all delay and concealment The Clerk of the Pipe the Original Institution of whose Office was from a Conduit or Conveyance of Water into a Cistern For all Accompts and Debts to the King are drawn from and delivered out of the Offices of the Kings Remembrancer and Lord Treasurers Remembrancer c. and charged in the Pipe So as whatsoever is in charge in this Roll or Pipe is said to be duly in charge In the Patent of this Office he is called Ingrossator Magni Rot ' in Scaccario Here are under him Eight Sworn Clerks Here Accomptants have their Quietus est and Leases are made of Extended Lands Comptroller of the Pipe He writeth out Summons twice every year to the high Seriff to levy the Farms and Debts of the Pipe and keepeth a Comptrolment or Roll of the Pipe Office Accompts Clerk of the Pleas in whose Office all the Officers of the Exchequer and Priviledged Persons as Debtors to the King c. are to have their Priviledge to Plead and be Impleaded as to all matters at the Common Law And the Proceedings are accordingly by Declarations Pleas and Trials as at Common Law because they should not be drawn out of their Court where their attendance is required In this Office are Four Sworn Attorneys Foreign Opposer to whom all Sheriffs repair to be opposed of their Green-wax and from thence is drawn down a charge upon the Sheriff to the Clerk of the Pipe Clerk of the Estreats or Extracts is every Term to receive from the Office of the Treasurers Remembrancer all Debts or Sums to be levied for the King's use and to make Schedules for such Sums as are to be charged Auditors of the Imprest are Two who Audit the great Accompts of the King's Customs Wardrobe Mint First-fruits and Tenths Naval and Military Expences Moneys Impressed c. Auditors of the Revenue are Seven These Audit all the Accompts of the Kings other Revenue that ariseth by Aids Auditors of the Receipts is a kind of Filazer for he Files all Tellers Bills and Enters them Secondly He is a Remembrancer for he giveth the Lord Treasurer a Certificate of the Money received the Week before Thirdly He is an Auditor for he maketh Debentures to every Teller before they pay any Money and taketh and audietth their Accompts and keepeth the Black Book of Receipts And the Lord Treasurers Key of the Treasury and seeth every Tellers Money Locked up safe in the new Treasury Remembrancer of the first Fruits Executed by Two Deputies they take all compositions for First-Fruits and Tenths and make out Process against all which pay not the same Clericus Nihilorum maketh a Roll of all such Sums as the Sheriffs upon Process of the Green-wax return Nihil and delivers that Roll into the Office of the Lord Treasurers Remembrancer to have Execution done of it for the King Mareschallus To this Officer the Court committeth the keeping of the Kings Debtors during the Sitting of the Term to the end they may provide to pay the Kings Debts or be further Imprisoned such Offices as are found Virtute Officij and brought into the Exchequer are delivered to him to be delivered over to the Lord Treasurer's Remembrancer He also appointeth Auditors to Sheriffs Escheators Customers and Collectors for taking their Accompts Clericus Summonitionum Clerk of the Summons Deputati Camerarij which are Two called Under-chamberlains of the Exchequer They cleave the Tallies written by the Clerk of the Tallies and read the same that the Clerk of the Pell and the Comptrollers thereof may see their Entries be true They also search for Records in their Treasury And there are other Officers as Clerk of the Parcels Usher of the Exchequer whose Office is Executed by a Deputy and four Under-ushers In the Lower Exchequer are these Officers THe Lord High Treasurer of England of whose Office and Dignity we have spoken before in the uppeâ— Exchequer And concerning the course of the Receipt in this Exchequer you may read more in Rot ' Claus ' 39 E. 3. M. 26. The other Officers there are one Secretary And next is The Chancellor who hath a principâ—â— power not only in the Exchequer Court but there also in the managing and disposing of the Kings Revenue Two Chamberlains in whose Custody are many ancient Records Leagues and Treaties with Foreign Princes The Standards of Moneys Weights and Measures The Famous Books called Doomesday and the Black Book of the Exchequer Four Tellers Their Office is to receive all Moneys due to the King and thereupon to throw down a Bill through a Pipe into the Chamberlains or Tally Court. Clerk of the Pells is to enter every Tellers Bill in a Parchment Skin in Latin Pellis whence this Office hath its name The Two Deputy Chamberlains Sit in the Tally Court cleave the Tallies and examin each piece a part as is said before in the Upper Exchequer Two Ushers who take care to secure the Court by Day and Night and all the Avenues leading to the same and are to furnish all Books Paper c. One Tally Cutter who provides fitting Hazel cuts them square and of full lengths and hath dividend Fees with the other Officers of the Party who sueth it out The Four Messengers of the Receipt are Pursuivants Attendants upon the Lord Treasurer for carrying his Letter and Precepts to all Customers Comptrolers and Searchers and all other His Majesties Messages where the Lord Treasurer shall command them In case of any Pension given by the King there is only 5 l. per Cent. paid to all the Officers for all publick payments not 5. s. for the Hundred pounds For all Moneys paid in by the King's Tenants or Receiver it costs them but 6 d. or at most but 3 d. for every payment under 1000 l. The Collectors and Receivers cost the King not above Two in the pound and at his Exchequer it costs nothing For the Course of the Exchequer and Duty of the several Officers you may Read in the Authors who have treated thereof more at large There is a General Statute concerning all the Courts of the King made 2 Hen. 6. cap. 10. That all Officers made by the King's Letters Patents within his Courts which have Authority ab antiquo to appoint Clerks and Ministers within the said Courts shall be Sworn
the Kingdom and not by the Country And these Maxims are not alone taken for Law but also all other like cases and all things necessarily following upon them are to be placed in like Law and they are in the same force and strength in Law as Statutes and althô all these Maxims might conveniently be numbred amongst the aforesaid General Customs since Ancient Custom is the sole Authority as well of these as those yet because those General Customs are diffused and known they may easily and without study in the Laws be known but these Maxims are only known in the Kings Courts or by those who are Learned in the Law and now for example sake we will mention a few of them since to declare them fully great Volumes would not suffice And first there is a certain Maxim in the Laws of England that no Prescription in Lands maketh a Right also that Prescription in Rents and Profits to be taken in the Lands of another maketh a Right also that the limitation of Prescription is generally taken à tempore cujus centrarij Memoria hominum non existit c. And further there are many other Maxims as in certain Actions The Process is by Summons Attachment and Distress Infinite and in some by Capias Infinite c. and that there should be these divers Processes in divers Actions may seem expedient and reasonable but that there should be these divers Processes had in the Law of England and none other cannot be proved by Reason therefore they must necessarily have their force from the Maxims aforesaid or the Ancient Custom of the Kingdom And some Maxims seem to be founded upon Reason Secundary and therefore some may think they may be put unto the first Fundamental of other Laws of England as if any command a Trespass he is a Trespassor c. And there are other Maxims and Customs which are not so manifestly known but may be known by the Law of Reason partly by Books of the Law of England which are called Year Terms partly by Records in the Kings Treasury and remaining in the Kings Courts and by a Book called the Register and by divers Statutes in which such Customs and Maxims are often recited Vide Doctor Student The Fifth Fundamental of the Law of England consists of Divers particular Customs used in divers Countries Towns Lordships or Mannors and Cities of the Kingdom which said particular Customs because they are not against Reason nor the Law of God altho' they are contrary to the aforesaid General Customs and Maxims of Law yet they retain the force of Laws And they ought not always to be determined by the Judges whether there be such a Custom or not unless in a few particular Customs sufficiently known and approved in the Kings Courts but ought to be tryed by the Country And of these particular Customs I shall put a few for Example As there is a Custom called Gavelkind in Kent where all the Brothers shall Inherit as the Sisters do at Common Law By Burrough English in the Town of Nottingham the younger Son shall Inherit In some Countries the Wife shall have all the Inheritance of her Husband in Name of Dower so long as she continues a Widow And in some Countries the Man shall have half the Inheritance of the Wife during his Life although he hath no Issue by her In some Countries the Infant may make a Feoffment at his Age of Fifteen years And in some Countries when he can Measure an Ell of Cloth yet such Infant may not make Warranty for if he do it is void in Law neither may he in such case make a Release Thus are held many other particular Customs The Sixth Fundamental consists of Divers Statutes Ordained in Parliament when other Fundamentals of the Law of England are not sufficient for it is to be known that altho' the Law of Reason may be assigned to be the first and principal Fundamental of the Law of England yet the Law of Reason is not of so great force and efficacy in the Laws of England that it alone being known all the Law of England is known For besides the Law of Reason he who desires to know the Laws of England ought to know the Custom of the Kingdom as well General a Particular and the Maxims and Statutes of Law or otherwise altho' hâ— were the wisest of Men he will understand but few things of the Truth oâ— the Law of England From these things before contain'd it may be deduced which often fall out That in one and the same case two or three Fundamentals of Law ought to concur together before the Plaintiff may obtain his Right as by Example may appear As if any afteâ— Entry by him made into any Land with a strong hand make a Feoffmenâ— for Maintenance to defraud the Possessor of his Action then the Demandant by the Statute of 8 Hen. 6. cap. 9. shall recover his treble Damages according to what Damages shall be assessed by the Jury In which case it appeareth that such Entry is prohibited by the Law of Reason Secundary but that the Demandant shall Recover his treble Damages is by the aforesaid Statute And that the Damages shall be Assessed by the Jury is by the Custom of the Kingdom And thus Three Fundamentals of Law concur in this case And it is to be noted that there are many Customs as well General as Particular and also Divers Laws called Maxims which take not their force from strong Reason but from the Custom of the Kingdom For by Statutes they may be changed into the contrary and what can be changed can never be affirmed to be the Law of Reason Primary As for Example How doth it stand with Reason or Conscience That if one bound in an Obligation to pay Money pay part of the Money but takes no Acquittance or lose it by the Laws of England he shall be compell'd to pay that Money again because of the General Maxim That in an Action of Debt upon Bond the Defendant may not plead Nihil debet or Quod poecuniam solvit nor otherwise discharge himself unless by Acquittance or other sufficient Writing amounting to a Discharge in Law and this to avoid the great Inconvenience which would follow if every one by word alone might avoid an Obligation And thus having briefly set forth the Fundamentals of the Law of England we shall proceed to the Government and the Legislative and Executive Power of the Laws of England The Government of England THe Government of England is 〈◊〉 the first and best kind viz. Monarchical Political Government The King BEing Supream Governour in 〈◊〉 Causes and over all Persons froâ— Him is derived all Authority and Jurâ—diction He being Quasi Intellectus Ageâ—â— Forma formarum c. And from thâ— King with the Advice of His Majesties Privy Council THat most Honourable Assembâ—â— in the Kings Court or Palace aâ— others receive their Motion It is calleâ— Concilium Secretum Privatum
be called the Starred Chamber because Crimina Stellionat ' was there handled Others of the Saxon word Steeran to Steer or Rule as doth the Pilot because this Court did steer and govern the Commonwealth Others because it is full of Windows But the true cause of the Name was because the Roof was starred This Court sate twice a Week in Term-time viz. on Wednesdays and Fridays except either of those Days fell out to be the first or last Day of the Term then it sate not but was constantly held the next Day after Term ended But if any Cause was begun to be heard in Term-time and for length or difficulty could not be sentenced within the Term it was continued and sentenced after the Term. Divers Acts of Parliament gave Jurisdiction to this Court for to punish horrible and enormous Crimes and other exorbitant Offences in Great Men but ordinary Offences and such as may be sufficiently punished by the proceedings of the Common Law this Court left to the ordinary Courts of Justice The proceeding in this Court wasby Bill or Information by Examination of the Defendant upon Interrogatories and by Examination of Witnesses and rarely Ore tenus upon the Confession of the party in Writing under his Hand which he again must confess freely in open Court upon which Confession the Court did proceed But if the Confession was set down too short or otherwise than he meant he might deny it and then they could not proceed against him but by Bill or Information which was the fairest way The Informations Bills Answers Replications c. and Interrogatories were in English Engrossed in Parchment and Filed up All the Writs and Process of the Court were under the Great-Seal The Sentences Decrees and Acts of this Court were Ingrossed in a fair Book with the Names of the Lords and others of the King's Council and Justices that were present and gave their Voices In the 28th year of the Reign of Edward the Third it appeareth that the Retorns Coram nobis are in three manners 1 Coram nobis in Camera which was afterwards called Camera stellata 2. Coram nobis ubicunque fucrimus in Anglia which is the Kings-Bench And 3. Coram nobis in Cancellaria By the Statute of 3 Hen. 7. the Letter whereof followeth It was Ordained That the Chancellor and Treasurer of England and the Keeper of the King 's Privy Seal or two of them calling to them a Bishop and a Temporal Lord of the Kings most Honourable Privy Council and the two Chief Justices of the Kings-Bench and Common-Pleas for the time being or other two Justices in their absence upon Bill or Information put to the said Lord Chancellor or any other against any person for unlawful Maintenance giving of Liveries Signs and Tokens and Retainers by Indentures Promises Oaths Writings or otherwise Imbraceries of his Subjects Untrue demeaning of Sheriffs in making of Pannels and other untrue Returns by taking of Money by Injuries by great Riots and unlawful Assemblies have Authority to call before them by Writ or Privy Seal the said Misdoers and they and others by their Discretion by whom the Truth may be known to Examine and such as they find therein Defective to punish them after their Demerits after the Form and Effect of Statutes thereof made in like manner and form as they should and ought to be punished if they were thereof Convict after the due Order of Law Camerae Stellatae authoritatem prudentissimus Princeps Henricus Septimus ita Parliamentaria adauxit Constabilivit nonnulli primum instituisse falso opinantur But the Act of 3. Hen. 7. did not raise a New Court for there was a Court of Star Chamber before and all the Kings Privy Council Judges of the same But By the Statute of 16 17. Car. 1. cap. 10. this Court is absolutely Dissolved The Court for Redress of Delays of Judgments in the Kings great Courts THis Court is raised by the Statute of 14. E. 3. which followeth in these words Item Because divers Mischiefs have hapned of late that in divers places as well in the Chancery as in the Kings-Bench the Common-Bench and in the Exchequer before the Justices assigned and other Justices to hear and determine matters the Judgments have been delayed sometimes by Difficulty sometimes by divers Opinions of the Judges and sometimes for some other Cause It is assented established and accorded That from henceforth at every Parliament shall be chosen a Prelate two Earls and two Barons which shall have Commission and Power of the King to hear by Petition delivered unto them the Complaints of those that will complain to them of such Delays and Grievances made and they shall have power to come before them at Westminster or elswhere where the places or any of them shall be the Tenour of Records and Processes of such Judgments so delayed and to cause the same Justices to come before them which shall be then present to hear their cause and reasons of such delays which Cause and Reasons so heard by Good Advice of themselves the Chancellor Treasurer the Justices of the one Bench and of the other and other of the King's Counsel as many and such as shall seem convenient shall proceed to take a good Accord and make a good Judgment and according to the same Accord so taken the Tenor of the same Accord together with the Judgment which shall be Accorded shall be remanded before the Justices before whom the Plea did depend and that they shall give Judgment according to the same accord and in case it seems to them that the Difficulty be great that it may not well be determined without Assent of the Parliament that the said Tenor or Tenors shall be brought by the said Prelate Earls and Barons in the next Parliament and there shall be a final Accord taken what Judgment ought to be given in this case and according to this Accord it shall be commanded to the Judges before whom the Plea did depend that they shall proceed to give Judgment without delay Before the making of this Statute delay of Judgments was forbidden both by the Common Law and by Acts of Parliament By the Common Law 1. It is required That Plena celeris Justitia fiat partibus c. not plena alone nor celeris alone but both plena celeris All Writs of Praecipe quod reddat are Quod juste sine dilatione reddat c. All Judicial Writs are Sine dilatione c. 2. There did and yet doth lye a Writ De procedendo ad judicium when the Justices or Judges of any Court of Record or not of Record delayed the party Plaintiff or Defendant Demandant or Tenant and would not give Judgment and thereupon an Alias Plur and an Attachment c. doth lye And the Words of the Writ be Quia redditis Judicij loquelae quae est coram vobis c. de quadam transgressione eidem A. perpraefat B. illata ut
that there need not be any Written Law had thereof And we find so many Secundary Reasons in the Laws of England that many are willing to affirms the whole Law of England to be proved by Reason which notwithstanding is by no means to be affirmed as by another Example By a certain Statute it is Ordained That he who hath abjur'd the Realm whilst he is in the publick High-way shall be in peace with our Lord the King and not in any sort molested and by the Custom of the Kingdom he is to be conducted from Town to Town by the Constables c. to the Sea-port c. Now if he Escape the Constable ought not to be charged to the King because by reason of the Statute he could not keep him in safe Custody or use any Force or Imprisonment whereby he might be kept in safe Custody and the Reason is grounded upon that Statute And some say Robbery is to be prohibited from Reason Primary even before the Law of Property for that it was not Lawful even when all things were in Common to take any thing from another by force or to throw him out of his Habitation but that such Robbery is to be punished with Death is from the Custom of the Law of England Also from the General Law of Property aforesaid by the Laws of England are excepted Birds Wild beasts and Beasts of Warren in which by the Laws of England is no Property to any One unless they be Tame yet nevertheless by the Laws of England in the Eggs of Herons and such like Building in the Woods of any is a Property And for that every Deduction of Reason in the Laws of England proceeds from the first Principles or from somewhat from those Principles derived no Man althô the most Wise can Judge justly or Argue rightly in the Laws of England if he know not these Principles The Second Fundamental of the Law of England is Lex Divina whereby to punish the Transgressors against the Divine Law The Law of England in many Courts of our Lord the King doth Inquire of Hereticks Also if any Statute be made or set forth against them as that none shall give Alms it ought to be of no force also Persons Excommunicated in the Laws of England may not Prosecute nor have Communication with others whilst the Excommunication is certified And from the same Fundamental the Law of England admits the Spiritual Jurisdiction of Tithes and other things which do of right belong to the Ecclesiastical Jurisdiction and receives Canonical or Ecclesiastical Laws Quae non Excedunt potestatem ferentis so that in many Cases it behoves the Kings Justices to Judge according to the Laws of the Church As if the Law of the Church be that the Sentence of Divorce is not in force till it is affirmed upon Appeal The Judges of our Lord the King shall form their Judgment according to the Laws of the Church And if A. B. and C. D. have Goods and Chattels joyntly and A. B. by his last Will give his part to E. F. the Ecclesiastical Judges are bound in this case to adjudge this Will void The Third Fundamental of the Law of England is the General Customs of the Kingdom which are divers General Customs used and approved of in Ancient time throughout the whole Kingdom of England and who attempts any thing against them Works against Law and Justice And these are properly called the Common Law and ought always to be determined by the Judges whether a General Custom or not and not by the Country and of these and other Principles or Maxims a great part of the Law of England depends and therefore the King by his Coronation Oath promiseth inter alia that he will faithfully observe all the Customs of the Kingdom and the Ancient Customs of the Kingdom is the Original and Foundation of divers Courts in the same Kingdom Whereof one is The Chancery of the Kingdom in which inter alia Writs original are obtained directed to other Courts of the King another The Kings-Bench in which are handled all Treasons Murders Homicides Felonies and other things done against the Kings Peace another Court is called The Common Bench in which Common Pleas are handled That is to say of Lands and Tenements Debts and Chattels and such like another Court is called The Kings Exchequer in which are handled divers matters touching the King alone as of Sheriffs Escheats or Receivers Bayliffs and other the Kings Officers and the like and these are called Courts of Record because those who preside as Judges ought to be assigned by the Kings Letters Patent and these Courts have many and divers other Authorities of which we shall speak more hereafter in their proper places and likewise of divers other Courts of inferiour Authority in the Kingdom of England And althô in divers Statutes and Books mention is made of the Authority of these Courts yet we have no written Law of their Institution for their Institution depends upon the Custom of the Kingdom which hath so great Authority that they may not be altered or their Names changed or altered but by Act of Parliament Also there is an Ancient Custom which is confirmed by the Statute of Marlebridge That all shall do and receive Justice in the Kings Court and another that none shall be put to Answer or be judged but according to the Law of the Land and this is confirmed by Magna Charta And there are other General Customs in the Kingdom of England which retain the force of Law as that the eldest Son shall succeed the Father in the Inheritance and many more not here to be recited From whence it appears that Customs in the Laws of England may not be proved by Reason alone for how can it be proved by Reason that the Husband shall have the Wife's Land for Term of his Life as Tenant by that Law and that the Wife shall have only the Third part scilicet that it shall be so done and not otherwise And it is certain that the Law of Property is not the Law of Reason but a Customary Law and ought to be accounted amongst the General Customs of the Kingdom and there is not any Statute or written Law of the Institutions of the Customs of the Law of England but according to the Skilful in the Law of England The Ancient Customs of the Law of England are of themselves of sufficient Authority and the Customary Law is the most firm Law provided such a Custom be not against the Law of God or the Law of Reason The Fourth Fundamental of the Law of England consists of Divers Principles which the Learned in the Law call Maxims always esteemed and held for Law of this Kingdom of England which none Learned in the Law may contradict because every one of them gives Faith or Credit to it self and whether a Maxim or not is to be tried by the Judges as before is said of General Customs of
Judgment or Verdict is by Fieri Facias or Capias ad satisfaciend ' as in other Courts of Common Law The Defendant in some cases must put in Sureties upon Appearances to render if he be condemned and this Bail or Recognizance must be taken before a Baron in Court and not otherwise First-Fruits and Tenths were granted to the Crown by the Statute of 26 H. 8. cap. 3. But the Clergy being discharged thereof Anno 1 2 Philip and Mary they were again reunited to the Crown 1 Eliz. cap. 4. but no Court revived And being under the Governance of the Exchequer a New Office was created and an Officer viz. Remembrancer of the First-Fruits and Tenths And more concerning them and the manner of Taxation of them you may read Coke's 4th Inst cap. 14. The Court of Augmentations Within the Survey and Governance of this Court were all Lands belonging to Monasteries and Purchased Lands but Queen Mary by her Letters Patent in the First year of her Reign dissolved it and united it to the Exchequer as by the Articles thereof may appear The Surveyor General 's Court is Dissolved the Office only remaining So that in the Exchequer are Seven Courts 1. The Court of Pleas 2. The Court of Accompts 3. The Court of Receipt 4. The Court of the Exchequer Chamber being the Assembly of all the Judges in England for Matters in Law 5. The Court of Exchequer-Chamber for Errors in the Exchequer 6. The Court in the Exchequer-Chamber for Errors in the King 's Bench And 7. The Court of Equity in the Exchequer Chamber of all which see the Books and Statutes mentioned in Coke's 4 Inst c. 13. The Court of Justices of Assize and Nisi prius THese Justices take their Names from the Writ of Assize called Assiza Novae Disseisinae or Petit Brief de Novel Disseizin And the Mirror saith That for Expedition of Justice it was ordained by Ranulph de Glanvil but by 26 Ass 24. it appears to be more Ancient At the Common Law Assizes were not to be taken but either in Bank or before â—ustices in Eyre But by Magna Charta it is Enacted Quod Recognitiones de Nova Disseisina de Morte Antecessoris non capiantur nisi in suis propriis Comitatibus c. And upon that Statute of Magna Charta the Letters Patent to the Justices are framed in these Words viz. Rex c. Dilectis Fidelibus suis R. M. uni Justiciariorum suorum de Banco I.L. uni Justiciariorum suorum ad Placita coram nobis tenenda Assign ' Salutem Sciatis Quod Constituimus vos Justiciarios nostros una cum hiis quos vobis associaverimus ad Omnes Assizas Jurat ' Certificat ' coram quibuscunque Justic ' tam per diversa Brevia Domini Johannis nuper Regis Angl ' Patris nostri quam per diversa Brev ' nostra in Com' nostris South ' Wiltes ' Dorset ' Devon ' Cornub ' ac in Civitate Exon ' arranian ' capiend ' Et ideo vobis Mandamus quod ad certos dies loca quos vos ad hoc provideritis Assis Jurat ' Certificat ' illas capiatis Facturi inde quod ad Justitiam pertinet secundum Legem consuetudinem Regni nostri Angliae Salvis nobis amerciamentis inde nobis provenien ' Mandavimus enim Vicecomisibus nostris Com' Civit ' praed ' quod ad certos dies loca quos eis Scire faciatis Assis Jurat ' Certificat ' illas una cum Brevibus Originalibus omnibus aliis ea tangen ' coram vobis venire faciat ' In cujus rei Testimonium c. By this Writ the Seisin and Possession was recovered and became more frequent Quia non est aliud Breve in Cancellaria per quod Querentes habent festinum remedium quam per Assisam And after the Statute of Westminster was and thereby provided Quod assignentur duo Justiciarij jurati coram quibus non aliis Capiantur Assisae c. ad plus ter per Annum And Rot. Parl. 21 Ed. 1. Dominus Rex c. praecepit quod de caetero assignentur Octo Justiciarij Circumspecti discreti ad Assisas Jurat ' Certificat ' capiend ' per Totum Regnum Angliae and divideth the Realm into Eight parts Per Stat. de Finibus 27 Ed. 1. cap. 1. Justiciarij ad Assisas capiendas assignati deliberent Gaolas in Com' Illas tam infra Libertates quam extra de Prisonariis quibus cumque And Appeals of Murder Robbery Rape c. may be commenced before Justices of Assize And divers other Powers and Authorities are given to Jâ—stices of Assize and Gaol-delivery for which see the Statutes and Coke's 4 Inst cap. 27. Justices of Assize shall enquire for Non Returning and False Return of Sheriffs May hear and determine of Conspirators false Informers and wicked Procurers of Dozens Inquests and Juries at the complaint of any without Writ and without Delay and of Confederacies and Champerties and Maintainers Bearers and Alliances by Bond c. Of Defaults of Sheriffs Escheators Bayliffs and other Officers Justices of Assize may enquire of Defaults c. of Punishment of Victualers c. which sell at unreasonable Prizes They have power to hear and determine riding and going Armed c. and to punish Justices of the Peace Sheriffs Bayliffs and others for not doing their Office in that case They may hear and determine Treason in Counterfeiting of Money c. They shall do Execution of the Statute of 13 H. 3. of Riots done in their presence upon pain of an Hundred pounds and by the Statute of 2 H. 5. Commissions shall be Awarded to Enquire of the Default of the Justices of Assize and of Justices of Peace in that behalf They shall enquire of hear and determine all Offices contrary to the Statute of 23 H. 6. concerning Sheriffs Under-sheriffs and their Clerks Coroners Stewards of Franchises Bayliffs and Keepers of Prisons for Extortion and for letting to Bail such as were not Bailable or for denying Bail to them that ought to be Bailed Justices of Assize shall take Bail of him that is acquitted of Murder within the Year to answer to the Appeal of the party 5 Eliz. cap. 5. of Informers 5 Eliz. cap. 4. of Labourers Justices of Assize of Gaol-delivery and of the Peace shall enquire of the default of Coroners Justices of Assize c. shall enquire of false making of Leather of Amending of High-ways of Hunters in Parks of Unlawful taking of Fishes of Forgery of False Deeds against deceipt in Linnen Cloth against Perjury of Usury and many other things Justices of Assize twice in every year ought to proclaim the Statute of 32 H. 8. and other Statutes against unlawful Maintenance Champerty Embracery and unlawful Retainers they ought to proclaim the Statute of Unlawful Games in their Circuit See the Custumary of Normandy c. 19. Coke's 4. Inst. cap. 27. The Justices of Nisi
the Exemplary Punishments Coke's 2 Inst 200 201. To Steal a Tame Deer not known is no Felony Coke's 2 Inst 20. The Office and Duty of Foresters how to be executed by Deputy for a Woman of what a Forest doth consist Co. 4 Inst 289. What pastes by Grant of a Forest See Coke's 4 Inst 289 314. Forests called Walds and Buckholts The several Courts of the Forest Forests Laws The Beasts and Seasons of the Beasts of the Forests Deafforestations Drifts of the Forests Purlieus Trespasses c. Vide Coke's 4 Inst Parks called by the Saxons Deorfald of Herbage and Pawnage in Parks The King cannot make a Forest or Park in other Mens Grounds Parks are not to be guided by Forest Laws Coke's 4 Inst Where the Owners may cut down Woods in Free Chases and where they must have Common And divers matters concerning Forests Chases and Warens See Coke's 4 Inst By the Statute of 22 E. 4. The Owner of Woods in Forest c. ought first to cut the Woods and then to inclose By the Statute of 35 Hen. 8. They ought first to Inclose and then within four Months cut the Wood And the Stature Westminster De Malefactoribus in Parcis Charta de Foresta and other Acts concerning Forests c. are General Laws concerning all Persons whereof the Court Ex Officio ought to take notice Coke's 8 Rep 137 138. Sir Francis Barrington's Case If Fair Market Hundred Leet Park Warren and the like are appendant to Mannors or in Gross and afterwards they come back to the King they remain as they were before in Esse not Drowned in the Crown Coke's 9 Rep. 25. Abbot of Strata Marcella If License be given to a Duke to Hâ—nt in a Park The Law for conveniency giveth him such attendance as is requisite to the Dignity of his Estate And what shall be causes of Forfeiture of a Parkership By cutting more than necessary for Browse or Misusing Nonusing or Refusing his Office c. Vide Coke's 9 Rep. 49 50. Earl of Shrewbury's Case None can make a Park Chase or Warren in his own Land without the Kings License and if he do in a Quo Warranto they shall be seised into the Kings hands But a Man for his Pleasure may Hawk Hunt c. in his own Land without any License The King granted to another all the Wild Swans between London-Bridge and Oxford Coke's 11 Rep. 86 87. the Case of Monopolies More concerning Forests Game c. and the Discovery and Punishment of Offenders therein you may Read in the Statutes concerning Forests Deer-Stealers Hunters and Game c. at large The Court of Justices in Eyre THey are Originally Instituted for the good Rule of the Subject and for the Ease of the Countries and that such as had Franchises might claim them They were called Insticiarij in Itinere or Itinerantes in respect of other Justices that were Residentes In the Black Book in the Exchequer they are called Insticiarij Deambulantes Perlustrantes Their Authority was by the Kings Writ in nature a Commission And the Stile of their Court was Placita de Juratis Assisis Coron ' Itinere Johannis de Vallibus Sociorum Justic ' Itiner ' apud Ockham in Com' Rutland ' in Crastino Epiphan ' Dom ' Anno Regni Regis Edw. 14. They had Jurisdiction of all Pleas of the Crown and all Actions Real Personal and Mixt they Rode and held their Courts from Seven years to Seven years and first they began with Pleas of the Crown But now by the Statute of 27 Hen. 8. cap. 24. All Justices in Eyre must be by Letters Patents under the Great Seal In what County soever they came All other Courts during the Eyre ceased and all Pleas in that County or arising there before any other The Justices in Eyre might proceed upon as the other might have done See the first part of the Institutes of their Antiquity and Jurisdiction and the Causes wherefore they vanished away And what Franchises and Liberties ought to be claimed before them See the Case of the Abbot of Strata Marcella Coke's Rep. Lib. 9. Eyre Justices or Itinerant as we call them were Justices that used to Ride from place to place throughout the Realm to Administer Justice And they had anciently Authority to Grant Land seized for Alienation without License as Justices of the Forest who in Effect as to this purpose are Justices in Eyre may do at this day of Land Inclosed without the Kings License Terms del Ley. Justiciarij Itinerantes were so called in respect that the Justices residing at Westminster were Justiciarij Residentes Eyre being Quasi Iter And these Justices were much like in this Respect to the Justices of Assize at this day altho ' for Authority and manner of proceeding far different and as the Justices of Assize by many Acts of Parliament and other Commissions increased in power so the Justices Itinerant vanished away Coke's 1 Institutes 293. a. The Court of Justices of Trailebaston FRom the Proceeding being as quick as one might trail or draw a Staff and having some Powers like that of Oyer and Terminer being also vanished we shall not further mention but refer to Coke's 4 Inst cap. 34. Three new things which have fair pretences are commonly hurtful to the Common-wealth First New Courts Secondly New Offices either in Courts of Justice or out of them which cannot be done but by Parliament Thirdly New Corporations Trading into Foreign parts and at home which in the end produce Monopolies Vide Stat. Art super Chartas cap. 1. where was the first ground of raising the Justices of Trebaston or Trailbaston who had such Authority as Justices in Eyre But albeit they had their Authority by Parliament yet Error upon their proceeding did lie in the Kings Bench Which being known and their Authority fettered with many Limitations they by little and little vanished Coke's 2 Inst. 540. The Court of Wards and Liveries THis Court was raised by Authority of Parliament 32 Hen. 8. cap. 46. concerning the Authority and Jurisdiction whereof you may see the Statute and Coke's 4 Inst. cap. 35. To which I refer it being now taken away by the Statute of 12 Car. 2. cap. 24. The Revenue of Excise being setled in the Crown instead thereof The Court of Ancient Demesne THis is in nature of a Court Baron wherein the Suitors are Judges and is no Court of Record For Brevia Clausa Recordum non habent All those that hold of these Manors in Soccage are called Tenants in Ancient Demesne and they Ploughed the Kings Demesnes of his Manors and Plowed Sowed Manured and Managed all like necessaries to the Kings Husbandry And that they might apply themselves more freely to their Labours They had Six Priviledges 1st Not to be impleaded for their Lands out of the Mannors But by the Little Writ of Right-close directed to the Bailiffs of the Kings Manors or to the Lord of the Manors if in the
hand of a Subject 2ly Not to be Impannelled to appear at Westminster or else where upon any Inquest or Tryal 3ly To be Free of all Tolls for things concerning Husbandry or Sustenance 4ly To be Free from Taxes and Tallages by Parliaments unless specially named 5ly Of Contributions to Expences of Knights of Parliament 6ly If they be severally distrained for other Services they all may join in a Writ of Monstraverunt to save charges And these Priviledges remain altho' the Manor be come to the hands of Subjects and altho' their Services of the Plough is for the most part changed into Money Lands in ancient Demesne may be extended upon a Statute Merchant Staple or Elegit and regularly all general Statutes extend to ancient Demesne But Redisseisin and some others do not lie in ancient Demesne For which see Coke's 4 Institutes cap. 58. and their Priviledge doth not extend to Personal Actions in which by common Intendment the Title of the Freehold cannot come in debate The Demandant cannot remove the Plea but the Tenant may for Seven Causes Vide Coke supra Those Manors are called Ancient Demesne of the Crown which were in the hands of St. Edward the Confessor or William the Conqueror and so expressed in Doomesday Book begun in the 14 year of Will the Conqueror 1081 and finished in Six years And against this Book for Trial of Ancient Demesne lies no Averment And therefore is like the Doom and Judgment at Doomes-day The Court of Commissioners of Sewers THeir Authority is by Commission under the Great Seal Now grounded and warranted by the Statute of 23 H. 8. cap. 5. where upon mentioning only some Observations made by the Lord Coke we shall briefly set forth their Juisdiction and Authority First That the Commissioners shall be named by the Lord Chancellor Lord Treasurer and two Chief Justices or any Three of them whereof the Lord Chancellor to be one Secondly Every Commissioner must take the Oath prescribed by the Act before the Lord Chancellor or Justices of Peace in their Quarter Sessions And ought to have Lands c. of Forty Marks yearly and no Farmer of Lands within the Precinct of the Commission unless he have Lands of Freehold worth 40 l. yearly Thirdly The Avowry or Justification for a Distress taken shall be generally that the Distress was taken by force of the Commission for a Lot or Tax Assessed by the Commission or for such other cause Fourthly There must be Six Commissioners to Sit by force of the Commission Fifthly The Act of 23 Hen. 8. Doth not extend to reform Nusance by Sand rising out of the Sea and driven to Land by Storms A special Provision is therein made for the County of Glamorgan Sixthly A Commission of Sewers shall continue Ten years unless repealed or determined by any new Commission or by Supersedeas Seventhly That Laws Ordinances and Constitutions made by force of such Commission and written in Parchment and Indented under the Seals of the Commissioners or Six of them whereof one part to remain with the Clerk and the other in such Place as Six of the Commissioners shall appoint shall without the Royal Assent or any Certificate stand in force Eighthly That if any such Commission be determined by Expiration of Ten years from the Teste Then such Laws so Indented and Sealed shall stand in force for a year after and the Justices of the Peace or Six whereof One to be of the Quorum shall have Power to Execute the same Ninthly Upon granting a new Commission during that year the Power of the Justices shall cease Tenthly The Commissioners not to make any Certificate or Return of their Commission orany their Ordinances Laws and doings by force of the same Eleventhly See an Alteration by the Statute of 13 Eliz. concerning Fees Twelfthly Neither the Commissioners of Sewers nor any other have any such Absolute Authority but their proceedings are bound by Law By Act of Parliament 3 Jac. 1. Walls Ditches Banks Gutters Sewers Gates Causeys Bridges and Water-courses in or about the City of London where is no Passage for Boats nor the Water doth Ebb and Flow are made subject to the Commission of Sewers which they were not before And of their Jurisdiction and Authority to Supervise all Walls Sewers and Gutters c. upon the Sea-Coasts and else where and to enforce all Persons concerned to pay a proportionable part according to the Lands or Estate they have towards the Repair of them and to that end to make Laws and Ordinances and to force the Observation of them Vide F. N. B. fo 113 114. Coke's 4. Inst cap. 62. And the Statutes at large And it is to be noted that Sewer or Suera is derived from the word Sue or Issue as the Lord Coke observes and taken for a Sewer Channel or Gutter of Water The Court of Commissioners upon the Statute of Bankrupts THe name and wickedness of Bankrupts comes from Foreign Nations for Bâ—ruque in French is Mensa and a Banqueror or Exchanger is Mensarius in Latine and Rout is a Sign or Mark metaphorically taken for one that hath so spent his Estate that nothing remains but the Mark or mention thereof The Commission upon complaint made in Writing to the Lord Chancellor is granted under the great Seal of England and their Jurisdiction and Authority is declared and warranted by the Statute of 34 Hen. 8. being the first made against English Bankrupts and the Statute of 13 Eliz. 7. and 1 Jac. 1. cap. 15. and 21 Jac. 1. cap. 19 c. And the Commissioners must pursue the Power given by those Acts or they are liable to the Action of the Party grieved But they may plead generally They have power to Examine the Offender upon Oath and after he be declared a Bankrupt to Examine his Wife upon Oath and Witnesses also And have power to break open any Houses Ware houses Chambers Trunks Chests c. of the Offenders For all which see Coke's 4 Inst cap. 63. and the Statutes at large There is a Court called Curia Cursus Aquae apud Gravesend and others like it in private Of which it belongs not to us to treat Commissioners for Examination of Witnesses COmmissioners and Examiners are not bound strictly to the Letter of the Interrogatory but ought to Explain every other thing which necessarily ariseth thereupon for manifestation of the whole Truth They ought not to discover to either Party or any other any of the Depositions taken before publication granted Nor ought to confer with either Party after the Examination begun or take any new Instructions They must take the Depositions Gravely Temperately and without Menace or Interruption in hindrance of the Truth which are grievously to be punished And after the Depositions taken must Read the same distinctly to the Witnesses and suffer them to explain themselves and it is safe that the Witnesses subscribe their Names or Marks to the Paper-Book But they must be certified in Parchment
Chancellor To observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every year on the day of St. Scholastica being 10 February a certain number of the Principal Burgesses Publickly and Solemnly do pay each one a Penny in token of their Submission to the Orders and Rights of the University By Charter of Hen. the Fourth It is left to the choice of the Vice Chancellor whether any Member in the University there Inhabiting accused for Felony or High Treason shall be tried by the Laws of the Land or by the Laws and Customs of the University Tho' now where Life or Limb is concerned the Criminal is left to be Tried by the Laws of the Land No Student of the University may be Sued at Common Law for Debts Accompts Contracts Injuries c. but only in the Courts of the Vice-Chancellor who hath Power as aforesaid to Determine and Punish Delinquents To Imprison Inflict Corporal Punishment To Excommunicate To Suspend and to Banish The Universities are Subject to the Visitation or Correction of none but the King or whom he please to Commissionate The Chancellor and in his absence the Vice-Chancellor is not only in Place but in all Affairs of Moment though concerning the City it self Superiour to the Mayor of the Town All Members of the University are subject to the Vice-Chancellor and his Judicial Courts which are Ruled wholly by the Civil Law By the Statute of 13 Eliz. The Two Universities are Incorporated albeit they were ancient Corporations before All Letters Patent Liberties Priviledges c. granted to either of the Universities are Established and Confirmed King James the First Honoured both Universities with the Priviledge of sending each Two Burgesses to Parliament The Terms in Oxford begin the First on the 10 of October and ends the 17 of December and is called Michaelmas Term Second called Hillary or Lent Term begins the 14 of January and ends the Saturday before Palm Sunday The Third called Easter Term begins the 10 day after Easter and ends the Thursday before Whitsunday The Fourth is called Trinity Term beginning the Wednesday after Trinity Sunday and ends after the Act sooner or later as the Vice-Chancellor and Convocation think meet There are besides in Oxford many stately publick-Schools The famous Bodleian Library which for a Noble Lightsom Fabrick number of choice Books curious Manuscripts diversity of Languages Liberty of Studying Facility of finding any Book may equal the Famous Vatican The Curious Architecture of the Theater The Excellent Printing Presses The Publick Physick Garden c. are not for our purpose further to describe Cambridge WHat hath been said of Oxford may suffice for the University and Town of Cambridge which if she will in Complaisance at any time give place to Oxford yet at the same time she will Challenge it before any other University in the Christian World But in some few things she differs from Oxford as for that The Chancellor is not so Durante Vita but may be elected every Two years Aut manere in eodem Officio durante Tacito Consensu Senatus Cantabr ' He hath under him a Commissary who holds a Court of Record of Civil Causes for all Priviledged Persons under the Degree of Master of Arts where all Causes are Tried and Determined by the Civil and Statute Laws and by the Customs of the University The High Steward is chosen by the Senate and holds by Patent from the University The Vice Chancellor is chosen yearly by the Senate on the 3d day of November Out of Two Persons nominated by the Heads of the several Colledges and Halls The Two Proctors are chosen every year as at Oxford according to the Circle of the Colledges and Halls There are also Two Taxers who with the Proctors have care of Weights and Measures as Clerks of the Market There are also Three Squire Beadles and one Yeoman Beadle The Students here have no Houses but what are Endowed For the Colledges and Halls differ only in name And these Houses Endowed are but Sixteen viz. St. Peters Colledge Clare Hall Pembroke Hall Corpus Christi Colledge alias Bennet Colledge Trinity Hall Convile and Cains Colledge Kings Colledge Queens Colledge St. Katherines Hall Jesus Colledge Christs Colledge St. Johns Colledge Magdalen Colledge Trinity Colledge Emanuel Colledge Sussex and Sidney But these are generally so large that the number of Students is commonly little different from those of Oxford Degrees at Cambridge are usually taken as at Oxford Except in Law and Physick whereof after Six years they may take the Degrees of Batchelour and after Five years more that of Doctor The first Tuesday of July is always Dies Comitiorum there called the Commencement Wherein the Masters of Arts and the Doctors of all Faculties compleat their Degrees respectively as the Batchelours of Arts do in Lent beginning at Ashwednesday Many Priviledges have been likewise granted by several Kings to this University As every Michaelmass-day The Mayor of the Town at the Entrance into his Office takes a Solemn Oath before the Vice Chanceller to Observe and Conserve the Priviledges Liberties and Customs of the University Also on Friday before St. Simon and Jude at a Magna Congregati in St. Maries Church The Mayor brings with him Two Aldermen Four Burgesses and Two of every Parish to take their Oaths before the Vice Chancellor for the due search of Vagabonds Suspected Persons c. At the same are Sworn 14 Persons for the University and Fourteen for the Town to look to the Paving and Cleansing of the Street The University hath also a Court Leet held twice every year wherein are presented all Nusances c. The Terms in Cambridge begin Lent Term the the 13 of January and ends the Friday before Palm-Sunday Easter Term the Wednesday after Easter Week and ends the Week before Whitsuntide Trinity Term the Wednesday after Trinity Sunday and ends the Friday after the Commencement and Michaelmass Term begins the 10 of October and ends the 16 of December Cambridge lies in 52 Degrees 20 Minutes Northern Latitude Both these Universities are Two easie days Journey from the Capital City of London and about the like Distance from each other The Government of Boroughs in England ANd other Towns Corporate Is much after the same manner with Cities In some there is a Mayor in others One or Two Bailiffs who have equal Power with the Mayor and Sheriffs and during their Offices they are Justices of Peace within their Liberties and have there the same Power that other Justices of Peace have within their County The Government of Villages in England IN every Village is a Government Ecclesiastical and Civil which if only observed might render the whole Kingdom Happy And first the The Ecclesiastical Government of Villages THe Parson or Vicar who hath Curam Animarum The care of the Souls of his Parishioners For which he hath the Tithes Glebe and Church Offerings And hath under him The Church-wardens and Sides Men
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such