the Dean 〈◊〉 the Chappel Royal and Dean of thâ— Chappel of St. George at Windsor Moâ—â—over some Deans there are without aâ—â— Chapter yet enjoying certain Juriâ—dictions as the Dean of Croyden thâ— Dean of Battel and the Dean of Boâ—â—ing c. The Consistory Courts of Archbishops and Bishops THe Consistory Courts of every Archbishop and Bishop of every Dioceâ—â— in Ecclesiastical Causes is holden befoâ—â— his Chancellor in his Catheral Church or before his Commissary in places 〈◊〉 the Diocess too far remote for the Chancellor to call them to the Consistory From these the Appeals are to the Archbishop of either Province respectively By many Records in Hen. 3. and Edw. 1. It appears no Bishop could make a Will of his Goods or Chartels coming of his Bishoprick c. without the King's License wherefore the Bishops consented to give the King Six things That they might freely make their Wills First Their best Horse or Palfrey with Bridle and Saddle Secondly A Cloak with a Cape Thirdly A Cup with a Cover Fourthly A Bason and Ewer Fifthly One Ring of Gold Sixthly His Kennel of Hounds for which a Writ issueth out of the Exchequer after the Decease of every Bishop The King by the Verdict of Twelve recovered 10000 Marks against the Bishop of Norwich for that he prosecuted against the Abbot of St. Edmundsbury to appear before him against the King's Prohibition For which it was adjudged That his Temporalities should be seised and his Body taken If an Alien or Stranger be presented to a Benefice the Bishop ought not to admit him The Court of Archdeacon or his Commissary THis Court is to be holden wheâ—â— and in what place the Archdeacoâ— either by Prescription or Compositioâ— hath Jurisdiction in Spiritual Cases with in his Archdeaconry and from hiâ— the Appeal is to the Diocesan and 〈◊〉 is called Oculus Episcopi And every Archdeacon hath 〈◊〉 Court and Jurisdiction where smallâ—â— differences arising within his Limits aâ—â— pleaded Also the Dean and Chapter hath 〈◊〉 Court and take Cognizance of Causâ— hapning in places belonging to thâ— Cathedral Lastly There are some peculiâ—â— Jurisdictions the Inhabitants whereâ—â— are exempt sometimes from the Arcâ—deacon's Jurisdiction and sometimâ— from the Bishops Jurisdiction The Court of Delegates THis Court is so called because Delegated by the King's Commissioâ— under the Great Seal to sit upon an Aâ—peal to the King in the Court of Chaâ—cery in three Causes First When 〈◊〉 Sentence is given in an Ecclesiastical Court by the Archbishop or his Official Secondly When a Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When any Sentence is given in the Admirals Court by the order of the Civil Law And having spoken of Appeals in Ecclesiastical Causes that you may know the Resolution of the Judges and Learned in the Ecclesiastical Law in what Causes from what Courts and in what time Appeals are to be made Vide Lord Dyer Coke's 4 Inst Ecclesiastical Courts The Laws and Constitutions Ecclesiasticali THe Laws and Constitutions of the Ecclesiastical Government in England are First General Canons made by General Councils Arbitria Sanctorum Patrum The Opinions of Fathers the Grave Decrees of several Holy Bishops of Rome Next our own Constitutions made anciently in several Provincial Synods either by the Legates Otho and Othobone sent from Rome or by several Archbishops of Canterbury All which are by the Statute of 25 Hen. 8. in force in England so far as they are not Repugnant to the King's Prerogative or the Customs Laws or Statutes of the Realm Then the Canons made in Convocations of latter times as 1 Jac. and confirmed by his Royal Authority Also Statutes Enacted by Parliament touching Ecclesiastical Affairs And Lastly Divers Customs not written and where these fail the Civil Law takes place Tryals Ecclesiastical in Civil Causes THe manner of these Tryals are first a Citation goes out Then they proceed to 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 without Jury the Definitive Sentence of the Judge passeth and after that Execution Tryals Ecclesiastical in Criminal Causes THe manner of Trying Criminal Causes is 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 â—hat the Crime is Notorious Lastly By Inquisition when by reason of common fame inquiry is made by the Bishop Ex officio suo by calling some of â—he Neighbourhood to their Oath or â—he party accused to his Oath Ex officio But by the prevailing part in the Long-Parliament this power was taken from the Church the want whereof is one main cause of the Libertinism and Debauchery of the Nation Punishments by Ecclesiastical Courts PUnishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws are first the party delinquent is admonished Next goes forth Minor Excommunicatio whereby he is Excommunicated or Excluded from the Church or at least from the Communion of the Lord's Supper disabled to be Plaintiff in any Suit c. and this commonly for Non-appearance upon Summons or not obeying the Orders of the Court This power of lesser Excommunication the Bishop may Delegate to any Grave Priest with the Chancellor Then Excommunicatio Major is not only an Exclusion from the Company of Christians in Spiritual Duties but also iâ— Temporal Affairs And this commonly for Heresie Schism Perjury Incest c. and for the more Terrour 〈◊〉 is done by the Bishop himself in propeâ— person and being so Excommunicate a Man cannot be in any Civil or Ecclesiastical Court either Plaintiff or Witness and in case any continâ—â— Forty days Excommunicate the King'â— Writ de Excommunicato capiendo is granted out of the Chancery against him whereupon he is cast into Prison without Bail till he hath satisfied for thâ— Offence And then there is Anathematismus inflicted upon an obstinate Heretick whereby he is declared a publick Enemy to God Rejecteâ— and Accursed and delivered over tâ— Eternal Damnation And this is to bâ— done by the Bishop also in his owâ— person assisted by the Dean and Chapter or Twelve other grave Priests Anâ— Lastly There is Interdictum whereby is prohibited 〈◊〉 Divine Offices as Christian Burial 〈◊〉 Administration of Sacraments c. iâ— such a place or to such a people If this be against a people it followeth theâ— wheresoever they go but if against the place only then the people may gâ— to Divine Office elsewhere and besides these general Censures of the Church which respect Church-Communion there is another touching the Body of the Delinquent called Publick Penance when the Delinquent is to stand in the Church Porch on a Sunday Bare-head and Feet in a White Sheet bewailing himself and begging every one that passeth by to
the use of the Clergy in London and Liberties â—hereof and a part thereof for Twenty â—oor People for which he gave Three Thousand pounds and for the Mainâ—enance of the poor People 120 l. yearly for ever and 40 l. yearly for a Sermon in Latin at the beginning of â—very Quarter and a plentiful Dinner â—or all the Clergy that shall meet â—here There was a Spacious Library â—uilt by John Sympson Rector of St. Olaves Hartstreet and well furnished with Books The Chartreaux in London THis was heretofore a Convent of Carthusian Monks called in French Des Chartreaux It is called Sutton's Hâ—â—pital also and consists of A Master oâ— Governour A Chaplain A Master and Usher to Instruct 44 Scholars besideâ— 80 Decayed Gentlemen Souldiers anâ— Merchants who have all a plentifâ—â— Maintenance of Dyet Lodging Cloath and Physick c. The Scholars fit for the University have Twenty poundâ— yearly allowed them for Eight year after they come to the University 〈◊〉 and others fitter for Trades have a considerabl Sum of Money to bind them out Apprentices And they have all Officers expedient for such a Society as Physician Apothecary Steward Cooks Butlers c. who have all Competent Salaries This vast Revenue was the Gift of an ordinary Gentleman Mr. Thomas Sutton Born in Lincolnshire and was of such Account that by the King's Letters Patents Persons of the Highest Quality as the Archbishop of Canterbury Lord Chancelor Lord Treasurer and Thirteen others are Governours and Overseers thereof Schools in London ARe St. Paul's Founded An 1512. by John Collett Dr. of Divinity and â—ean of St. Paul's for 153 Children to â—e Taught gratis There being a Master Usher and Chaplain who have â—arge Stipends and the Master Wardens and Assistants of The Company of â—ercers in London have the oversight â—hereof And divers other Schools which are â—ndowed as Merchant-Taylors Mercers-Chappel c. which for brevity sake I â—mit The Arms of the City of London â—re Argent A Cross Gules with the Sword of St. Paul not the Dagger of William â—alworth as some have conceited â—or this Coat did belong to the City before Walworth slew Wat Tyler as â—earned Antiquaries affirm Southwark THis Burrough was granted by King Edward the Sixth by Lettâ—ers Patents to the Major Commonalâ—y and Citizens of London and is calâ—ed the Bridge-Ward without and Governed by One of the 26 Aldermen of London It hath nothing Remarkable but that it pays more in a Subsidy to the King and Musters more Men than any City in England except London The City of Westminster THE Ancient Stately Abby Church here was Founded by the Pious King Edward thâ— Confessor and richly Endowed afterwards Rebuilt by King Henry the Third with that rare Architecture now seen Wherein are most Magnificent Tombs and Monuments of our Kings Queens and Greatest Nobles To the East-end of which is added A Chappel by King Henry the Seventh which for curiouâ— Artificial Work without and within For a Monument of Massy Brass most curiously wrought is scarce to be parallel'd in the whole World This huge Fabrick stands where first was the Temple of Apollo and afterwards King Sebert the First Christened King of the East Saxons who first Built St. Paul's Church in London Built here likewise this Church to St. Peter It taketh the name from this Monastery which Minster signifieth it being called Westminster in respect of the East Minister not far from the Tower of London This Monastery 30 Hen. 8. was Surrendred to the King who Erected thereof a Dean and Chapter Anno 33 Hen. 8. It was raised to a Bishopâ—ick and Tho. Thurlby made the first and last Bishop thereof Queen Eliz. Converted it into a Collegiate Church and therein placed a Dean Twelve seculiar Canons or Prebendaries Pety Canons and others of the Quire to the number of Thirty Ten Officers belonging to the Church as many Servants belonging to the Collegiate Diet Two School-Masters Forty Scholars Twelve Alms-men with plentiful Allowance for all besides Stewards Receivers Registers Collectors and other Officers The Principal whereof is the High Steward of Westminster who is usually one of the Prime Nobility The Dean is intrusted with the Regaâ—ia at the Coronation and Honoured with a place of necessary Service at â—ll Coronations and with a Commisâ—ion of the Peace within the City and Liberties of Westminster The Dean and Chapter invested with all Jurisdiction both Ecclesiastical and Civil not only within the City and Liberties of Westminster but within the Precincts of St. Martins le Grand and in some Towns in Essex Exempted in the one from the Jurisdiction of the Bishop of London And in the other from that of the Archbishop of Canterbury It hath a Royal Jurisdiction for Ecclesiastical Causes and Probate of Wills and a Commissary from whom is no Appeal but to the King in his Chancery Who thereupon Issueth out a Commission of Delegates under the Great Seal of England When the Convocation is Adjourned from St. Pauls for the conveniency of being nearer the Parliament to Westminster The Bishops first declare upon a Protestation made by the Dean there that they intend thereby not to violate that High Priviledge viz. That no Archbishop or Bishop may come there without leave of the Dean first obtained There is also a fair publick Library free for all Strangers to Study both Morning and Afternoon always in Term time Within this City are Twelve Wards Out of which are Elected One Burgess and One Assistant in every Ward and out of these Twelve Two are Elected yearly on the Thursday in Easter Week to be Chief Burgesses and so to continue for the year ensuing These Burgesses have Authority by Act 27 Eliz. To Hear Examine Determine and Punish according to the Laws of the Realm and lawful Customs of the City of London Matters of Incontinency Common Scolds Inmates and Common Annoyances and to commit such Persons as shall offend against the Peace and thereof give knowledge within Twenty four hours to some Justice of Peace within the County of Middlesex Next the Abbey Church stood the Palace Royal and usual Place of Residence of the Kings of England who ordinarily held their Parliaments and Courts of Judicature in their Dwelling Houses and many times sate themselves in the said Courts of Judicature as they do still in Parliament But after the Parliament was divided into two several Houses which was about 50 Ed. 3. The Commons assembled in the Chapter House of the Abbot of Westminster until 1 Ed. 6. which gave to the King Colledges Chauntries Free Chappels c. The King being thereby Possessed of the Ancient Beautiful Free Chappel of St. Stephen Founded by King Stephen which had Revenues of the old yearly value of 1085 l. It afterwards served for the House of Commons A great part of this Huge Palace was in the time of Hen. 8. destroyed by Fire what remained hath still been Employed for the use of the Parliament and Courts of Judicature The
Law-Books lately Printed for J. Walthoe in the Temple Cloysters 1 COke's Reports with References to all the Ancient and Moderâ— Books of the Laws in 11 Vol. Fol. 2. Dalton's Countrey Justice with large Additions Fol. 3. Cases argued and decreed in the High Court of Chancery Fol. 4. A Collection of the Orders relating to the Practice of the Courts of Chancery and Exchequer 12mo 5. The Law of Common and Commoners or a Treatise shewing the Original and Nature of Common 8vo 6. The Method of Pleading by Rule and President 8vo 7. The Compleat Sheriff wherein is set forth his Office and Authority together with that of a Coroner 8vo 8. A View of the Penal Laws concerning Trades Professions and Traffick and what Offences are punishable in the Crown Office 12mo 9. The Abridgement of the Statutes of King William 8vo 10. Bridgman's Conveyances is now in the Press and will be speedily published with Additions Fol. 11. Tryals per Pais or the Laws of England concerning Juries 8vo A COMPENDIUM OF THE Laws and Government Ecclesiastical Civil and Military OF ENGLAND SCOTLAND IRELAND AND DOMINIONS Plantations and Territories Thereunto belonging WITH THE Maritime Power thereof AND Iurisdiction of Courts THEREIN Methodically Digested under their Proper Heads By H. C. sometime of the Inner-Temple LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold by Iohn Deeve at Bernard's-Inn-Gate in Holbourn 1699. THE PREFACE TO THE READER AT my first Entrance into the Study of the Laws of England knowing Method and Order conduce much to the enlightning of the Vnderstanding rendring things more perspicuous and comprehensive to the discerning Judgment and sitting them better for the retaining Memory I resolved to observe a Regular Course and therefore searched for such Authors and endeavoured to make use of such Means as might best correspond with my Design therein But among the several Treatises of the Laws and Government of this Kingdom and Jurisdiction of Courts heretofore written by several Eminent and Learned Men finding none were so compleat nor had that Beauty of Order and Vniformity at might be expected And the Lord Coke in the Epilogue to his Fourth Institutets concerning the Jurisdiction of Courts desiring the Wise-hearted and Expert Builders would amend both the Method and Vniformity and the Structure it self where they should find any Deficiency in the Architecture and considering that great Alterations have been made since by divers Acts of Parliament and otherwise I was enduced to compile this Methodical Compendium of the Laws and Government of England and the Dominions thereunto belonging to direct and facilitate my farther Studies But the Importunity of some having prevailed with me to promise contrary to my first Intention and Inclination to make it Publick If it prove beneficial to others it will surmount all the Ambition may be thought to be in Yours To the extent of his Power H. Curson A Table of Contents Governments in General ORiginal of Government Pag. 1 Law is General Pag. 4 Law Eternal ibid. â—aw of Reason Pag. 5 Divine Law Pag. 6 Humane Law Pag. 7 Fundamentals of the Laws of England Pag. 8 The Government of England The Government of England Pag. 22 The King ibib Privy Council ibid. Ecclesiastical Government of England Ecclesiastical Government Pag. 28 Convocation Pag. 32 Executive Power in Causes Ecclesiaical Pag. 36 High Commission Court Pag. 36 Court of Arches Pag. 39 Court of Audience ibid. Court of the Faculties Pag. 40 Prerogative Court of Canterbury ibid. Court of Peculiars 41 Consistory Courts of Archbishops Bishops 42 Court of the Archdeacon or his Commissary 44 Court of Delegates 44 Laws and Constitutions Ecclesiastical 45 Trials Ecclesiastical in Civil Causes 46 Trials Ecclesiastical in criminal Causes 46 Punishments by Ecclesiastical Courts 47 Punishments Ecclesiastical peculiar to the Clergy 49 Civil Government of England Civil Government of England 51 High Court of Parliament 51 535 Executive Power in Temporal Affairs 80 Court of the High Steward of Eng. 81 539 High Court of Chancery 90 Court of extraordinary Jurisdiction 93 Court of the Star-Chamber 104 Court for Redress of Delays of Judgment in the King 's great Courts 108 Court of Kings Bench 113 Court of Common Pleas Court 121 Court of the Exchequer 127 Court of Inquiry to certifie untrue Accompts in the Exchequer 140 Court of Equity in the Exchequer 141 544 Office of the Pleas in the Exchequer 142 Courts of Justices of Assize Nisi-prius 144 Court of Justices of a Oyer and Terminer 153 Court of special Justices of Oyer and Terminer 166 Money collected for the Houses of Correction or for the Poor 166 Colledges Hospitals or Alms-houses or for charitable and lawful Purposes and Uses 167 Court of Justices of Goal-delivery 169 Court of Justices of the Forrest 175 Court of Justices in Eyre 193 Court of Justices of Trailbaston 195 Court of Wards and Liveries 196 Court of Ancient Demesne 196 559 Court of Commissioners of Sewers 198 569 Court of Commissioners upon the Statute of Bankrupts 201 573 Commissioners for Examination of Witnesses 203 578 King's Swanherd 204 587 King's Aulnager 205 590 The Government of Counties in England 207 Court of the Sessions of the Peace 210 Court of Inquiry of the Defaults of Justices of the Peace Justices of Assize Sheriffs and Under-Sheriffs 222 The Execution of Laws in each County ibid. Court of the Tourn 223 595 Court Leet or View of Frankpledge 224 597 County Court 228 615 Court of the Hundred 233 630 Court Baron 235 632 Coroners Court 237 635 Court of Escheators and Commissioners for finding of Offices 239 635 Court of the Clerk of the Market 241 Court of Pipowders 246 Court of the Dutchy-chamber of Lancaster at Westminster 247 Courts of the County Palatin of Chester 251 Court of the County Palatin of Durham 252 Royal Franchise of Ely 254 Court of the County Palat. of Pembroke 255 Franchise of Hexam and Hexamshire 255 Courts of the Cinque-Ports 256 President and Council in the North 258 The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland 260 Court of Stannaries in the Counties of Devon and Cornwall 261 Court of the Mayor of the Staple 263 The Principality of Wales The Principality of Wales 266 Court of the President and Council of Wales 269 The great Sessions in Wales 270 Military Government of England Military Government of England 275 Court of Chivalry before the Constable and Marshal 279 Colledge of Heralds 283 Maritime Power of England Maritime Power of England 287 Court of Admiralty 292 638 Navy Office 295 Court of Commission by force of the Statute 28 H. 8. Cap. 15. 298 Port Courts 298 Commissioners and others for Beacons Signs of the Sea Light-houses Sea-marks and concerning Watches 299 De Conservatore Treugarum i. e. Induciarum c. 302 Court of the King of England Court of the King of England 308 Ecclesiastical Government of the King's Court
these Archbishops have the Style of Grace with the Title of Lord prefixed in speaking to them and are termed Arch or Chief Bishops it seeming requisite to our Ancestors according to other Christian Churches since the first Nicene Council to have amongst a certain number of Bishops One to be Chiefest in Authority over the rest for the remedy of General Disorders or when the Actions of any Bishop should be called in question c. And next under these Archbishops are Bishops Twenty four whereof Twenty one Bishops with their Bishopricks or Diocesses are in the Province of Canterbury and the other Three in the Province of York who are in Conformity to the first Times and Places of Established Christianity One of the Clergy Ordained in every City to have the preheminence over the rest of the Clergy within certain Precincts And these are likewise Lords in respect of their Baronies annexed to their Bishopricks and for easing the Bishop of some part of his Burthen as the Christians waxed Great or as in respect of the Largness of the Diocess in the primitive Times there were Ordained Chorepiscopi Suffragan or Subsidiary Bishops so in England are such Ordained by the Name of Bishops Suffragans or Titular Bishops who have the Name Title Style and Dignity of Bishops and as other Bishops are Consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as are limited by the Bishop or Diocesan whose Suffragan he is By Act of Parliament of King Henry the 8th still in force they are to be only of several Towns therein named and in case the Archbishop or some other Bishop desire the same the Bishop is to present Two Able Men whereof the King chuseth One for any of the places named And the next in the Church Government is the Arch-Deacon who tho' a Presbyter himself is so named for that he hath Charge over the Deacons who are to be guided and directed by him under the Bishop and of these are Sixty in England And next under them are Deacons or Deans from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because anciently set over Ten Canons at the least which Canons were prudent and pious Pastors placed in a Collegiate manner at every Cathedral or Apostolick See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves for Government and Authority in the Church and accordingly in every Cathedral Church in England is A Dean and under him a certain number of Prebendaries or Cannons and this Dean is sometimes styled Alter Episcopi Oculus the other being the Arch-Deacon and of these Deacons are 26 Deans of Cathedral and Collegiate Churches and 544 Prebendaries And next are Rural Deans or Archi-Presbyters so called because they had usually charge over Ten Country Parsons Presbyters or Priests having the Guidance and Direction of them and of these are many in England And in the last place are Pastors Presbyters or Priests of every Parish commonly called Rectors unless the Praedial Tithes are Impropriated and then they are called Vicars quasi Vice Fungentes Rectorum and of these Rectors or Parsons and Vicars are about 9700 besides Curates who for Stipends assist such Rectors and Vicars that have the Cure of more Churches than One. Of all which with their manner of Election Consecration Function Precedence Priviledges and Duties c. you may Read more at large in several Authors who have writ particularly thereof to whom I refer and proceed to the first Great Wheel moved by the King and his Privy Council in the Ecclesiastical Government which is The Convocation BEing a National Synod which the King by the Advice of his Privy Council usually Convokes for the Church Legislative Power or for making Ecclesiastical Laws or consulting of the more weighty Affairs of the Church in this manner The King directs his Writ to the Archbishop of each Province whereupon the Archbishop directs his Letter to his Dean citing himself peremptorily and then willing him in like manner to Cite all the Bishops Deans Archdeacons Cathedrals and Collegiate-Churches and all the Clergy of his Province to the Place and at the Day prefixt in the Writ But directeth withal that One Proctor sent for each Cathedral and Collegiate Church and Two for the Body of the Inferiour Clergy of each Diocess may suffice The Dean Provincial accordingly directs his Letters to the Bishop of every Diocess within the Province Citing them in like manner to appear personally and the Cathedral and Collegiate Churches and Inferiour Clergy of his Diocess to send their Proctors to the Place and at the Day appointed also to certifie to the Archbishop the Names of all so Summoned by them The Place where the Convocation of the Clergy was usually held was heretofore at St. Paul's Church of latter Times in King Henry the Sevenths Chappel at Westminster The Higher House in the Province of Canterbury consisting of Twenty two Bishops of whom the Archbishop is President sitting in a Chair at the Upper end of a Great Table and the Bishops on each Side of the same Table all in their Scarlet Robes and Hoods the Archbishops Hood Furr'd with Ermin the Bishops with Minever The Lower House consisting of Twenty two Deans Twenty four Prebendaries Fifty four Archdeacons and Forty four Clerks representing the Diocesan Clergy in all One hundred Sixty six Persons Their Jurisdiction is to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein to proceed Juxta Legem Divinam Canones Ecclesiae and as they are called so they are often commanded by the King 's Writ to deal with nothing that concerns the King's Laws of the Land his Crown and Dignity c. And the same is so Declared by Act of Parliament 25 Hen. 8. cap. 19. And what Cannons they make with the Royal Assent are binding upon themselves and all the Laity But before the above-mentioned Act a Dism◠granted by the Clergy in the Convocation did not bind the Clergy before the Royal Assent The first Day of their meeting the Upper House chuse a Bishop for their Prolocutor and the Lower House being required by the Higher chuse them a Speaker or Prolocutor whom by two Members they present to the Upper House One of them making a Speech in Latin and then the Elect Person makes another Speech in Latin and then the Archbishop Answers in Latin and in the Names of all the Lords approves the Person Both Houses Debate and Transact only such matters as His Majesty by Special Commission alloweth In the Higher House all things are first proposed and then communicated to the Lower House The Major Vote in both Houses prevails Out of Parliament time they usually assemble about Nine of the Clock in the Morning And first the Junior Bishop says in Latin Prayers beginning with the Litany and Prayer for the King c. In the Lower House the Prolocutor says
Prayers The Parliament when required confirms the Consults of the Clergy that the People may be thereby induced to obey the Ordinances of their Spiritual Governours The Archbishop of York at the same time holds a Convocation for his Province at York in like manner and by Correspondence doth debate and conclude the same Matters with the Convocation for the Province of Canterbury Inter Leges Inae Anno Domini 727 A Convocation of the Clergy is called Magna Servorum Dei frequentia All the Members of both Houses have the like Priviledges for themselves and Menial Servants as the Members of Parliament and this by Statute Now they are required to subscribe Three of the XXXIX Articles Vide Stat. 13 Eliz. cap. 19. And the Canons ratified by King James 1 Jac. 1. And for The Executive Power in Causes Ecclesiastical THere are provided divers Excellent Courts the chief whereof for Criminal Causes was The High Commission Court THe Jurisdiction whereof was Enacted 1 Eliz. That Her Majesty Her Heirs and Successors should have power by Letters Patents under the Great Seal to Nominate and Authorize such person or persons being Natural born Subjects to Her Highness as Her Highness her Heirs or Successors should think fit to Exercise and Execute all manner of Ecclesiastical Jurisdiction within the Realms of England and Ireland or any other Her Highness Dominions to Visit and Reform all Errours Heresies or Schisms Abuses Offences and Contempts c. which by any manner of Spiritual and Ecclesiastical Power can or may be lawfully Reformed c. And that such person or persons should have full Power by Virtue of the said Act and Her Majesties Letters Patents to Exercise and Execute the Premisses according to the Tenour and Effect of the said Letters Patent And upon Declaration of this Act the Lord Coke raises two Questions First What Causes should belong to this Court Secondly In what cases they may Fine and Imprison As to the first it is certain That by the principal Clause of Restitution in that Act all Spiritual and Ecclesiastical Jurisdiction heretofore exercised or used or which might have been lawfully exercised or used were by the Authority of that Parliament annexed and united to the Imperial Crown of this Realm For whatever Power or Jurisdiction did belong to or was exercised by the Pope De facto doth now De jure belong to the King But by reason the Ecclesiastical Judges before the making of that Act ought to have proceeded according to the Ecclesiastical Censures of the Church and could not Fine and Imprison unless they had Authority by Act of Parliament Therefore the Lord Coke by reason of the Clause iâ— this Act That the Commissioners shall Execute the Premisses according to the Tenoâ—â— of the Letters Patent which Clauâ—â— refeâ—s â—o the former parts of this Act viz The Ancient Jurisdiction restoreâ— by this Act â—aâ—th the Commissioneâ— had not power to Fine and Imprison This Commission was usually granteâ— to persons of the Highest Quality iâ— Church and State so often and for 〈◊〉 long time as the King did thinâ— fit In Queen Elizabeths Time saith thâ— Lord Coke it was Resolved the Higâ— Commission should be limitted to certiaâ— Enormities and Exorbitant Causes And many Presidents were brought 〈◊〉 Prohibitions against their Authority 〈◊〉 Fine and Imprison both out of thâ— Kings-Bench and Common-Pleas Bâ—â— this Court being now Abrogated by thâ— Statute of 16 17 Car. 2. cap. 11. The Courts of the Archbishop 〈◊〉 Canterbury come next in course thâ— Highest of which is The Court of Arches SO called from the Arched Church of St. Mary in Cheapside where this Court hath been usually kept as appears by Record in Edward the First 's time The Judge hereof is the Dean of the Arches who under the Archbishop of Canterbury hath Jurisdiction over a Deanery 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 And to this Court belong divers Advocates all Doctors of the Civil Law Two Registers and Ten Proctors The next Court of the Archbishop is The Court of Audience KEpt within the Archbishop's Palace and medleth not with any manner of Contentious Jurisdiction but only with Matters pro forma as Confirmation of Bishops Elections Consecrations and Matters of Voluntary Jurisdiction as granting the Guardianship of the Spiritualties Sede vacante of Bishops Admission and Institution to Benefices Dispensing with Banns of Matrimony and such like The Court of the Faculties THis is also a Court although it holdeth no Plea of Controversie 〈◊〉 belongeth to the Archbishop and his Officer is called Magister ad Facultates And the Authority is raised by the Statute of 25 H. 8. cap. 21. whereby Authority is given to the Archbishop and his Successors to grant Dispensations Faculties c. by himself or his sufficient Commissary or Deputy for any such matter heretofore had at the See of Rome or by the Authority thereof The Prerogative Court of Canterbury THis is the Court where Testaments are proved and Administrations granted where the Party dying within his Province hath bona Notabilia within some other Diocess than where he dieth which regularly is to be to the value of Five pounds but in the Diocess of London it is Ten pounds composition By 16 Rich. 2. Rot. Par. not in Print It is assented in full Parliament that the King may make his Testament which before that was doubtful and Hen. 4th made his Testament and his Executors refusing Administration was granted by the Archbishop of Canterbury with the Testament annexed to the same When the King is made Executor he Deputes certain Persons to take the Execution upon them and appoints others to take the Accompt The Probate of every Bishop's Testament or Granting Administration of his Goods althô he hath not Goods but within his own Jurisdiction doth belong to the Archbishop From this Court the Appeal is to the King in Chancery The Archbishop of York hath the like Courts and also the Court of Audience The Court of Peculiars THe Archbishop of Canterbury hath a peculiar Jurisdiction in divers Parishes within the City of London and other Diocesses c. and there are Fifty seven such Peculiars within the Province of Canterbury It is an Ancient Priviledge of the See of Canterbury that wheresoever any Manors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of thâ— Diocess of Canterbury And there are certain peculiar Juriâ—dictions belonging to some certain Parâ—shes the Inhabitants whereof are exemâ—â— from the Archdeacon's Jurisdiction anâ— sometimes from the Bishops Jurisdictioâ— And a Dean or Prebendary having 〈◊〉 Rectory or Impropriation in anothâ—â— Bishop's Diocess hath often a Court 〈◊〉 Peculiars held for him in that particâ—lar Parish Note That there are some Deans 〈◊〉 England without any Jurisdiction onâ— for Honour so Stiled as
pray to God for him c. and this by divers Writers appears to be the practice used by the Primitive Churches And this Punishment if the Crime be not very notorious may by the Canons of the Church of England be commuted to a Pecuniary mulct to the Poor or to some other pious Use Punishments Ecclesiastical peculiar to the Clergy TO the before-mentioned Punishments both Clergy and Laity are subject but there are Punishments to which the Clergy only are liable as first Suspensio ab Officio Is when the Minister for a time is declared unfit to execute the Office of Minister Then Suspensio à Beneficio when the Minister is for a time deprived from the profits of his Benefice and these two Censures are wont to be for smaller Crimes Then Deprivatio à Beneficio is for a greater Crime wherein a Minister is wholly and for ever deprived of the profits of his Benefice or Living And Lastly Deprivatio ab Officio when a Minister is for ever deprived of his Orders and this is called Depositio or Degradatiâ—â— and is commonly for some heinous Crime deserving Death and is performed by the Bishop in a Solemn manner pulling off from the Criminal his Vestments and other Ensigns of his Order and this in the presence of the Civil Magistrate tâ— whom he is then delivered to be punished as a Layman for the like Offence And this may suffice for a shoâ—â— view of the Ecclesiastical Government The Civil Government c. A Brief Account of the Ecclesiastical Government having been given In the next place we are to Treat of the Civil Government the first great Wheel moved therein by the King and his Privy Council Being The High Court of Parliament BEfore the Conquest called the Great Council of the King consisting of the Great Men of the Kingdom It was also called Magnatum Conventus or Praelatorum Procerumque Consilium and by the Saxons Michel Gemot and Witenage Mote after the Conquest it was called Parliamentum from the French word Parler still consisting of the Great Men of the Nation as some hold until the Reign of Hen. 3. when the Commons also were called The first Writs to Summon or Elect them being said to bear date 49 Hen. 3. above 400 years ago so that now this High Court consists of The King who being Caput Principium Finis Parliamenti Sits there as in his Royal Politick Capacity The Lords Spiritual As the Two Archbishops and Bishops being in number about Twenty four who sit there by Succession in respect of their Baronies and to every one of these Ex Debito Justitiae a Writ of Summons is to be directed The Lords Temporal As Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities and were in the Lord Cokes time about 106 now near twice that number And every of these being of full Age Ex Debito Justitiae ought to have a Writ of Summons And The Commons of the Realm being Knights of Shires Citizens of Cities and Burgesses of Burroughs all which are respectively Elected by the Counties Cities and Burroughs and none of them ought to be omitted and these were in number in the Lord Cokes time 493 now about 513 persons Spiritual Assistants are Procuratores Cleri who are so called as by the Writ to the Bishop before mentioned appears to Consult and to Consent but never had Voices as being no Lords of Parliament And by the Treatise De modo tenendi Parliamentum they should appear cum praesentia eorum sit necessaria Temporal Assistants Are all the Judges of the Realm Barons of the Exchequer and of the Coif The King 's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the upper House of Parliament but have no Voice and their Writs differ from the Barons being Quod intersitis nobiscum cum caeteris de concilio nostro super praemissis tractaturi vestrumque Concilium impensuri Romulus Ordained 100 Senaâ—ours which were afterwards increased to 300 and of that number were our House of Commons in Fortescue's time The Person Summoning is the King or in his Absence the Custos Regni or in his Minority the Protector Regni doth Summon the Parliament which cannot be begun without the Kings Presence either in Person or Representation by Commission under the Great Seal or by a Guardian of England by Letters Patents The manner of Summoning a Parliament is in manner following About 40 days before their time of Sitting the King cum Advisamento Consilij sui Issues out of Chancery Writs of Summons to every Lord of Parliament Spiritual and Temporal Commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to Appear Treat and give their Advice in certain Important Affairs concerning the Church and State c. And the Warrant is per ipsum Regem Concilium And for Summoning the Commons a Writ goeth to the Lord Warden of the Cinque Ports for Election of the Barons of the Cinque Ports who in Law are Burgesses and to every Sheriff in the 52 Counties in England and Wales for the Choice and Election of Knights Citizens and Burgesses within every of their Counties respectively Two Knights for each County Two Citizens for each City and One or Two Burgesses for each Burrough according to Statute Charter or Custom Persons Elected for each County ought to be Milites Notabiles or at leastwise Esquires or Gentlemen fit to be made Knights they ought to be Native Englishmen or at least such as have been Naturalized by Act of Parliament No Alien or Denizen none of the 12 Judges no Sheriff of a County no Ecclesiastical person having Cure of Souls may be a Parliament Man And for Legality of Sitting in Parliament he must be 21 years old All the Members of Parliament both Lords and Commons with their Menial Servants and necessary Goods are Priviledg'd during the time of Parliament Eundo Morando ad proprium redeundo But not from Arrests for Felony Treason or Breach of the Peace If the King do not think fit the Parliament shall Sit at the day of Return of the Writ he may by Writ Patent Prorogue them till another day as was done 1 Eliz. At the day of Meeting of the Parliament The King and by his Direction the Lord Chancellor The Lord Keeper of the Great Seal or some other by the Kings appointment Declares the Causes of Calling the Parliament as in Ed. 3. time Sir Henry Green Lord Chief Justice although the Lord Chancellor were present And when a Bishop is Lord Chancellor he usually takes a Text of Scripture in Latin and Discouses thereupon And when a Judge by way of Oration he Declares the Cause of Calling the Parliament The Lords in their House have power of Judicature The Commons in their House to some purposes have power of Judicature and both together have power of Judicature But this
will require a whole Treatise 4 Co. Inst 23. The Lords give their Voices from the Puisne Lord Seriatim Content or not Content The Commons give their Votes by Yeas and Noes and if it be doubtful Two are appointed one for the Yeas another for the Noes to number them the Yeas going out and the Noes sitting still as being content with their Condition but at a Committee although of the whole House the Yeas go on one side and the Noes on the other whereby the greatest number will easily appear The Royal Assent to Bills passed both Houses is given in this manner The King Sitting in his Throne of State with his Crown on his Head in his Royal Robes and the Lords in their Robes The Clerk of the Crown Reads the Title of the Bills to which the Clerk of the Parliament according to directions from the King Answers if a publick Bill Le Roy le veut if a private Bill Soit fait comme el est Desire or otherwise Le Royn s'advisera being a absolute Denial in a Civil way If it be a Bill for Money given his Majesty then the Answer is Le Roy remercie ses loyaux sujets accepte leur Benevolence aussi le veut The Bill for the King 's General Pardon hath but one Reading in either House for this Reason because they must take it as the King will please to give it so the Bill of Subsidies granted by the Clergy assembled in Convocation for the same Reason When the Bill for the General Pardon is passed by the King the Answer is thus Les Prelates Seigneurs Communes en ce Parliament Assembles au nom de tous vos autres Sujets remercient tres humblement votre Majeste prient Dieu vous donner en sante bonne Vie longue All Acts of Parliament before the Reign of Hen. 7. were passed and enrolled in Latin or French now in English Most of our ancient Acts of Parliament run in this Stile The King at the Humble Request of the Commons with the Assent of the Prelates Dukes Earls and Barons hath Ordained or Enacted After it was thus The King by the Advice and Assent of the Lords Spiritual and Temporal and with the Assent of the Commons doth Enact Of latter times it hath been thus Be it Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and of the Commons Although the words of the Writ for Summoning the Commons is only ad Consentiendum and not ad consilium impendendum as it is in the Writ to the Lords The Adjourments are made in the Lords House by the Lord Chancellor to what other Day or Place the King thinks fit The Prorogations are made in the same manner only a Prorogation makes a Sessions and puts an end to all Bills not passed the Royal Assent At the Dissolution of the Parliament the King commonly comes in Person sending for the House of Commons After Speeches made the Lord Chancellor by the King's Command Declares the Parliament Dissolved The House of Commons is not prorogued or adjourned by the prorogation or adjournment of the Lords House but the Speaker upon signification of the King's pleasure by the assent of the House of Commons doth say This House doth Prorogue or Adjourn it self But when it is Dissolved the House of Commons are sent for up to the Higher House and there the Lord Keeper by the King's Commandment Dissolveth them And it may be observed That as the Parliament cannot begin without the King's presence either in Person or by Representation so it cannot end without Nihil enim tam conveniens est Naturali Aequitati unumquodque Dissolvi eo Ligamine quo ligatum est Coke's 4 Inst 28. The Proceedings and Transactions being referr'd to Authors who have Written thereof at large we shall only mention some remarkable things concerning the same And first Any Lord upon just cause to be absent may make his Proxy but he cannot make it but to a Lord of Parliament And a Commoner may not make a Proxy King John in the Thirteenth year of his Reign sent Embassadours to Admiralius Murmelius Great Emperour of Turkey Sir Thomas Harrington and Sir Ralph Nicholson Knights and Sir Robert of London Clerk Nuncios suos Secretissimos to offer to be of his Religion and become Tributary to him and He and his Subjects would be his Vassals and to hold his Kingdoms of him But that Infidel Great Prince as a thing unworthy of a King to Deny his Religion and betray his Kingdom utterly refused to accept King John the next year surrendred his Kingdoms of England and Ireland to Pope Innocent the Third paying 1000 Marks for them which being afterwards Demanded with Homage by the Pope Anno 40. Ed. 3. In full Parliament it was fully agreed That Answer should be Returned That niether King John nor any for him could put Himself his Realm or People in any Subjection without their Consent And that if the Pope did attempt to gain it by Force they would resist with all their power Rot. Parl. 4.2 Ed. 3. It is Declared in full Parliament That they could not assent to any thing in Parliament that tended to the Disherison of the King or his Crown whereunto they were sworn By the Law and Custom of Parliament when any New thing is Devised they may Answer That they dare not Consent to it without Conference with their Countries Co. 4 Inst 14 34. As every Court of Justice hath Laws and Customs for its directions some by the Common Law some by the Civil Law and Canon Law some by Peculiar Laws or Customs c. so the High Court of Parliament Suis propriis Legibus Consuetudinibus subsistit Informations were preferr'd by the Attorney General against 39 Members of the House of Commons for Departing without the King's License whereof six submitted to their Fines and Edmund Plowden the Learned Lawyer pleaded That he remained continually from the beginning to the end of the Parliament and took a Traverse full of Pregnancy and after his Plea was Sine die per demise le Reigne In the Kings-Bench Upon Petition of Right to the King either in English or in French and the Answer thereunto Fiat Justitia a Writ of Errour may be had directed to the Chief Justice of the Kings-Bench to remove a Record in praesens Parliamenâ—um An Act of Parliament must have thâ— Assent of King Lords and Commons but if it want this Threefold Consent it is not an Act but an Ordinance Of Acts of Parliament some be Declaratory of the ancient Law some be Introductory of a New Law and some be of both kinds by addition of greater Penalties or the like In ancient Times all Acts of Parliament were in form of Petitions and for the several Forms of Acts of Parliament see the Prince's Case 8 Co. Rep. 20. The Passing of a Bill doth not make a Sessions but the
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
in French Pourallèe i. e. Perambulatio By this it appeareth That Chases that never were Forests cannot have any Purlieu and consequently the case of 16 Eliz. Dyer 326. is mistaken for the Chase of Whaddon never was a Forest The Owners of the Soil within the Purlieu may at their will and pleasure Fell Cut down Eradicate and Stub up all Timber Trees Woods and Under-woods and convert the same into Arrable Land or dispose and inclose the same as if the same had never been Afforested The King's Raâ—â—gers may Re-chase with their Hounds any Deer out of the Purlieu into the Forest again and may present unlawful Huntings and Hunters of the Kings Deer within the Purlieu as in the Night or at unseasonable Deer or by one no Purlieu Man As appears by the Rangers Oath Coke's 4 Inst. cap. 73. And where is no Purlieu there are no Rangers The Kings Game or Deer are not marked therefore Ranging out of the Forest and Purlieu if any be belonging to the King Therefoâ—e the Abbot of Whitby Huntting in Whitby Forest adjoyning to the Forest of Pickering which belonged to the Earl of Lancaster The Sheriff being commanded to Summon the Abbot before the Justices in Eyre 8 E. 3. Rot. 42. He pleaded his Title to the Forest and that all Abbots of that place by their Grants might with Engins Netts c. take Wild Beasts By which it appears That when the Kings Game range out of the Forest they are at their natuâ—al Liberty Et occupanti conceduntur And now a word of The Drifts of the Forests by the Statute of 32 Hen. 8. all Forests Chases Commons Heaths Moors and Wast grounds within England and Wales are to be driven at the Feast of St. Michael yearly or within 15 days after or at any other season or time of the year And the end of these Drifts is First To see if those who ought to Common do Common with such Cattel as by Prescription or Grant they ought Secondly That they do not Surcharge Thirdly If the Cattel of any Stranger be there who ought not to Common at all A Forrest being as it is described before that which hath Power to hold the several Courts before mentioned it is further to be observed That if the King having a Forest grant the same to a Subject in Fee the Grantee shall have no Forest because he hath no power to make Justices and Officers of the Forests to hold Courts c. But if the King grant a Forest to a Subject with this further That upon request made in Chancery he and his Heirs shall have Justices of the Forest Then the Subject hath a Forest in Law As the Duke of Lancaster had the Forests of Pickering and Lancaster And the Abbot of Whitby had the Forest of Whitby in the County of York A Chase is where there are Keepers only and no Court of Swanimote but is governed by the Common Law And when a Forest is granted by the King to a Subject without the Power above mentioned to have Justice of the Forest Then that which was a Forest before shall be said to be a Chase and a Chase is a certain compass of Ground to nourish and maintain Deer granted by the King in my own Land and is not inclosed but lieth open A Park is Land inclosed and stored with Wild Beasts which may be had by Prescription as well as by Grant of the King and a Park is always inclosed with some Pale Wall or the like and is not open for if it lie open it is cause of Forfeiture or Seisure A Warren is where one by Grant of the King or by Prescription doth use to have Pheasants Partridges Conies and Hares and no other Wild Beast or Vermin within certain of his Lands And none may make a Warren but the King no more than they may make a Forest or Chase because it is a special Priviledge which belongeth to the King only But it may be had by Prescription And in every Warren is a Master and Servants to attend for the safeguard of the Beasts and Birds of Warren but there is no Court of Swanimote or other Court For Trespass done in a Warren is punishable by the Common Law And the King may grant to me Warren which he hath in such his Demesne Land And also which he hath in Lands of others And may grant me Waren in my Lands for Conies and Hares and to an other that he have Warren there for Partridge and Phesant And if the King grant that none shall Chase or Hunt any Beasts in my Land it is a good grant for Beasts of Chase and Warren and it is not a Warren but a Free Chase And for other matters relating to Forest Park Chase and Warren Vide compton's Jurisdiction of Courts and Coke's 4 Inst The Beasts of Park or Chase properly extend to the Buck the Doe the Fox the Roe the Marton but in a common and Legal Sense to all the Beasts of the Forest The Forest and Chase differ in Offices and Laws every Forest is a Chase but every Chase is not a Forest Beasts of Forest are properly a Hart Hind Buck Hare Boar Wolf ut supra but legally all Wild Beasts of Venery There are both Beasts and Fowls of Warren as Hares Conies and Roes called in Records Capreoli Fowls of two sorts Terrestres and Aquatiles Terrestres of two sorts Silvestres and Campestres Campestres as Partridge Quâ—il Rail c. Silvestres as Phesants Woodcock c Aquatiles as Mallard Hern c Of the Officers of Park Forest c and Conditions annexed and causes of forfeiture See Coke's 1 Inst 233. a. b. Vivarium is taken for Waters where Fishes are kept Coke's 2 Inst 162. It is not lawful for any Man to Erect a Park Chase or Warren without a License under the Great Seal of the King who is Pater Patriae and Head of the Common-wealth for the Common Law gave no way to matters of Pleasure wherein most Men do exceed for that they brought no profit to the Common-wealth Unto a lawful Park three things are requisite First A Liberty either by Grant of the King or by Prescription Secondly Inclosure by Pale Wall or Hedge Thirdly Beasts Savages of Park By Stat. Westm 1. cap 20. Trespasses in Parks and Vivaries shall make good and high amends according to the manner of the Trepass have Three years Imprisonment make Fine to the King or otherwise find Surety no more to Offend or else to Abjure the Realm If one Hunt in a Park or Fish in a Pond altho' he kill no Deer or take any Fish yet this is a Misfeazance within this Statute And this Act being Affirmative to the Common Law the party may bring his Action upon this Statute or may waive the benefit of this Act and bring his Action of Trespass Generally at the Common Law If the Damages given be too small the court may encrease the Damages The King may pardon
Honoured his Son J. Duke of Lancaster therewith for Term of his Life It is called Comitatus Palatinus a County Palatine à Comitatu Palatio Regis because the Owner be he Duke or Earl c. Hath in that County Jura Regalia as fully as the King had in his Palace And he may have his Chancery and Writs under his Seal for the Office of the Chancellor to Depute Justices as well touching Pleas of the Crown as all other Pleas and Execution of Writs and making Officers and Servants and all other as by the Letters Patents above mentioned granted in Parliament appears And the King may Erect a County Palatine without Parliament by his Letters Patents But now by the Statute of 27 H. 8. cap. 24. several of those Jura Regalia are taken from them and recontinued and annexed to the Crown And all Writs are now to be made in the King's Name but the Teste in Name of him who hath the County Palatine And they shall have Forfeiture of Lands and Goods for High-Treason which Forfeiture accreweth by the Common Law But Forfeitures given after the Erection of the County Palatine by an Act of Parliament they shall not have Justices of Assize of Gaol-Delivery and of the Peace are and ever since the Erection have been Assigned by Commission under the Seal of the County Palatine of Lancaster Fines were levied with 3 Proclamations c. before the Justices of Assize there or one of them and all Recoveries to be had of Lands there are to be had in the Court of the County Palatine at Lancaster and not at Westminster All Lands c. Parcel of this Dutchy given to the King by the Statute of Monasteries Chantries c. are still within the Survey of the Dutchy Lands within the County Palatine should pass by the Dukes Charter without Livery of Seisin or Attornment But of Lands parcel of a Manor annexed to the Dutchy without the County Palatine there ought to be Livery of Seisin and Attornment of Tenants and in the same Degree is it in the King's Case The Proceedings in this Court of the Dutchy Chamber at Westminster is as in a Court of Chancery for Lands and other Matters within the Jurisdiction of the Court by English Bill c. and Decree But this Chancery is not a mixt Court as the Chancery of England is partly of the Common Law and partly of Equity but admitting only some small mixture of the Common Law in some Cases And in some Cases they are led by their proper Customs and Prescriptions respectively The Process of this Court is by Privy Seal Attachment and Commission of Rebellion as in the Chancery The Officers of this Court be the Chancellor The Attorney The Receiver General Clerk of the Court The Auditors Surveyors The Messenger There is an Attorney of the Dutchy in Chancery and another in the Exchequer And there are Four Learned in the Law Assistants and of Councel with the Court. The Seal of the Dutchy of Lancaster remains with the Chancellor at Westminster And the Seal of the County Palatine remains in a Chest in the County Palatine under the safe Custody of the Keeper thereof All Grants and Leases of Lands Offices c. in the County Palatine of Lancaster shall pass under that Seal and no other And all those out of the County Palatine and within the Survey of the Dutchy under the Seal of the Dutchy See the Statute of 27 Hen. 8. cap. 24. For the great Royalties Priviledges c. the Duke of Lancaster had for him his Men and Tenants which are necessary to be known by all concerned in those Possessions and other matters concerning the same See Coke's 4 Institutes 36. and Books and Records their recited And the Statute of 16 and 17 Car. 1. c. 10. For dissolving the Court of Star-Chamber and annulling and making void the like Jurisdiction excercised in the Court called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court c. The Courts of the County Palatine of Chester THis is the most Ancicent and most Honourable County Palatine remaining at this Day with which Dignity the King 's Eldest Son hath been of long time honoured And this is a County Palatine by Prescription Within this County Palatine and the County of the City of Chester there is and aciently hath been a principal Officer called the Chamberlain of Chester who time out of mind hath had the Jurisdiction of a Chancellor and the Court of Exchequer at Chester is and hath time out of mind been the Chancery Court for the said County Palatine whereof the Chamberlain of Chester is Judge in Equity He is also Judge of Matters at the Common Law within the said County as in the Court of Chancery at Westminster for the Court of Chancery is a mixt Court There is also a Vice-Chamberlain which is the Deputy of the Chamberlain And also the Justice called the Justice of Chester who hath Jurisdiction to hear and determine Matters of the Crown and of Common-Pleas Of Fines and Recoveries levied and suffered as well within the County Palatine as of the City of Chester For which and much more concerning the same See Coke's 4 Institutes cap. 37. and the Statute of 16 17 Car. 1. c. 10. For disabling the Court of Star Chamber and Annulling and making void the like Jurisdiction exercised in the Court of Exchequer in the County Palatine of Chester held before the Chamberlain and Council of that Court. The Courts of the County Palatine of Durham THis is also a County Palatine by Prescription parcel of the Bishoprick of Durham and raised soon after the time of the Conqueror Here is a Court of Chancery which is a mixt Court both of Law and Equity as in the Chancery at Westminster But herein it differeth from the rest that if any Erroneous Judgment be given either in the Chancery upon a Judgment there according to the Common Law or before the Justices of the Bishop a Writ of Error shall be brought before the Bishop himself and if he give Erroneous Judgment thereupon a Writ of Error shall be sued Returnable in the King 's Bench. If the Bishop do wrong within his County Palatine for that he cannot be Judge in his own Cause Justices shall be Assigned to hear and determine the Cause as was done in the case when Richardus de Hoton Prior Dunelm ' queritur de Anthonio Episcopo Dunelm ' alledging several Plaints against the Bishop whereupon Issue was Joyned and Verdict given against the Bishop And by that Record which was Termino Paschae 30 E. 1. it appears the Bishop had within the County of Duresme Regalitatem suam And more concerning the same you may Read in Coke's 4 Institutes cap. 38. The Royal Franchise of Ely KIng Henry the first of the Rich Monastery of Ely made a Cathedral Church and of the Abbey made a Bishoprick and for his Diocess Assigned him the
or Confirmed at home or abroad Tenures of all the Lands in England Extents of Mannors and Lands Inquisitions Post mortem being of great Advantage upon Trials of Interest or Descent Liberties and Priviledges granted to Cities Towns Corporate or private Men as Court Leets Waifs Estrays Markets Fairs Free Warrens Felons Goods c. Or what else could come to the Crown or pass out of it Writs Pleadings and Proceedings as well in Chancery as at Common Law and in the Exchequer Inspeximus Inrolments c. Deeds and Contracts between party and party and The Just Establishment of all the Offices in the Nation The Metes and Bounds of all Forests with the Rights of the Inhabitants therein and many other And therefore in the Petitions of the Commons in Parliament 46 E. 3. said to be perpetual Evidence of every man's Right and the Records of the Nation These Records are reposited in the place called Wakefield Tower being many Cart Loads Thus distinguished Rotuli Patentium Chartarum Parliamentorum Clausarum Finium Scotiae Vasconiae Franciae Hiberniae Walliae Normanniae Almaniae Oblatae Liberatae Extractae Perambulationes Forestae Scut ' Rotul ' Marshal ' Romae de Treugis Chart ' Patent ' fact ' in Partibus Transmarinis Patent ' de Domibus Judaeorum Protection ' de Perdonation ' c. Stapulae cum multis aliis Depicted lately upon every Press belonging to each King's Reign and very easie to be brought forth for use This Office is to be open from 7 till 11 in the Morning and from 1 till 5 in the Afternoon on all Working-days only in December January and February they open an Hour later in the Morning and shut up an Hour earlier at Night All Records since Richard the Third are yet in the Chappel of the Rolls The Money allowed by the King for the Maintenance of all these Officers and keeping thls Vast Structure in Repair amounts to a vast Sum. Saint Katherines NEar the Tower is St. Katherines which hath a Royal Jurisdiction for the Ecclesiastical Causes and Probate of Wills and belongeth to the Queen from whom if any will Appeal it must be to the King in his Chancery who thereupon Issueth out a Commission under the Great Seal as in Appeals from the Arches or Prerogative The Bridge SUrpasseth all others in Europe It hath 19 Arches 20 Foot between each Arch is 800 Foot in Length 60 High and 30 Broad and hath a Draw-Bridge almost in the Middle Built 1209 in the Reign of King John The Charge of keeping it in Repair is so Great that our Auncestors thought fit to have a Large House a vast Revenue in Lands and Houses and divers Officers to be apart for the constant Care and Repair thereof The Principal whereof are the Two Bridgmasters chosen yearly out of the Body of the Liveries upon Midsummer-day after the Sheriffs and Chamberlain The Bridge over the River Lee at Stratford was built an Hundred years before and being the first Arched Stone-Bridge seen in England gave it the Name of Stratford-Bow Not far below this Famous Bridge is the place for Receipt and Management of all Impositions laid on Merchandizes Imported and Exported into and from this City which is called The Custom-House WHerein are Employed a great Number of Officers whereof the First and Chief are Six Commissioners who have Charge of all His Majesties Customs in all Ports of England Salary to each is 2000 l. a year And these have many Deputies Customers Collectors Comptrollers Surveyors Searchers Waiters c. in the Port of London and in all the Out-Ports Collector of Subsidies or Customs Outwards Fee Two hundred seventy six pounds Collector of Customs Inwards Fee Four hundred sixty six pounds Thirteen shillings Four pence Customer Inwards Fee Sixty two pounds Six shillings Eight pence Customers of Cloth and Petty Customs Fee Two hundred seventy seven pounds Customers of the Great Customs Two Fee Fifty pounds a piece Comptroller of Customs Inwards and Outwards Fee Two hundred fifty five pounds Comptroller of Cloth and Petty Customs Fee One hundred pounds Surveyors of Customs Inwards and Outwards Fee Three hundred pounds Surveyor General Fee Five hundred pounds Comptroller of the Great Custom Fee Thirty pounds Register of the Seizures Fee One hundred and six pounds Chief Searcher Fee One hundred Twenty pounds Five Under-Searchers Eighteen King's Waiters Fee to each Fifty two pounds Surveyor of the Out-Ports Fee Two hundred and Fifty pounds The Perquisites to each of these Officers are very considerable and to some more than their Salaries In all the Out-Ports the King hath the like Officers who all Receive Salaries likewise out of His Majesty's Revenue The General Post-Office THe King by Letters Patent doth Constitute his Post-Master General who keeps one General Office in the City of London from whence Letters and Packets are dispatched Monday to France Italy Spain Flanders Germany Sweden Denmark c. and to Kent Tuesday to the United Netherlands Germany c. and to all Parts of England Scotland and Ireland Wednesday to Kent only and the Downs Thursday to France Spain Italy and all Parts of England and Scotland Fryday to the Spanish and united Netherlands Germany Sweden Denmark and to Kent Saturday to all Parts of England Scotland and Ireland And the Answers of these Letters are Received in the said Office in due Course and dispersed from thence according to the Directions This Office is managed by a Deputy and other Officers to the number of Seventy seven Persons who give their actual Attendance Upon this Grand Office Depends 182 Deputy Post-Masters in England and Scotland Most of which keep Regular Offices in their Stages and Sub-Post-Masters ink their Branches And also in Ireland another General Post-office for that Kingdom which is kept in Dublin consisting of 18 like Officers and 45 Deputy Post-masters The Post-master General keeps for Transport of Letters to France Two Packet-boats to Flanders Two to Holland Two to Ireland Three at Deal Two for the Downs which he Maintains at his proper Charge And the Market Towns of England are so well Appropriated to the Respective Postages that they have an easy and certain conveyance of Letters in due Course of the Mails every Post The number of the Letters Missive in England tho' formerly inconsiderable yet are now so great that the Office hath been Farmed at 30000 l. a year The Charge of Letters here is Less and the Expedition Greater than in any Foreign Country A Letter of a Sheet of Paper costs 2 d. for 80 Miles Two Sheets 4 d. and an ounce 8 d. and in 24 Hours the Post goes 120 Mile and in Five days an Answer may be had from a place 300 Miles distant And for Riding Post you pay only 3 d. a Mile and 4 d. to the Post Boy at every Stage For Study of Law IN London are the Colledges or Houses of the Municipal or Common Law Professors and Students Which are Fourteen still called Inns the
Dutchy Concerning the Judicature and Customs of these Isles it appeareth by Records in the Tower Quod Rex Johannes constituit 12 Coronatores Juratos ad Placita Jura ad Coronam spectantia custodienda Et concessit pro securitate Insularum Quod Ballivus de caetero per visum Coronatorum poterat placitare sine Breve de Nov. Disseisinae facta infra Annum De Morte Antecessorum infra Annum De Dote similiter infra Annum And now they have a Governour appointed by the King of England and Twelve Assistants selected out of every several Parish And for the most part they proceed according to the Customs of Normandy Altho' the King's Writ runneth not into these Isles yet his Commission under the Great Seal doth But the Commissioners must judge according to the Laws and Customs of the Isles Insula Vectis or Vecta THe Isle of Wight is esteemed part of Hampshire from which it is severed by a dangerous Streight of the Sea It contains 20 Miles in Length Twelve in Breadth and is Governed by the Laws of England as the other Shires have been the Soyl is answerable to the Husbandman's Expectation The Sheep bear fine Wool and the Trees store of Fruit. Here are One Forest Two Parks and 36 Towns and Villages the Chief being Newport Yarmouth and Brading The Island is strongly scituated being Inaccessible towards France but because the North-shoar is Level it is fortified on that side with Three Castles viz. Yarmouth Cows and Sand-head Castle and in the Midst of the Island is Carisbrooke Castle wherein hath sometimes been Armor for 50000 Men and in every Village a Great Piece of Ordnance This Isle was taken from the Britains by Wolphur King of Mercia and hereof King Henry the Sixth Crowned Henry Beauchamp Earl of Warwick King and he was after named Primus Comes totius Angliae sed cum illo Novus hic insolitus Titulus omnino evanuit The Sorlings CAlled by the English and Belgians Scilly Islands by Antonine in his Itinerary Sigdoles by Solinus Silyres by some Greek Writers Hesperides and Casterides are scituate against the Western Cape of Cornwal from which they are distant 24 Miles They are in Number 145 of which 10 only are of Estimation viz. 1. Armath 2. Agnes 3. Sampson 4. Scilly 5. Bresar 6. Rusoâ— 7. St. Helens 8. St. Martins 9. Arthur 10. St. Maries Chief of all the rest being 8 Miles in compass sufficiently Fruitful and strengthned with a Castle called Stella Maria by Queen Elizabeth These Islands are stored with Grass Grain and Lead which last was once carried hence into Greece Hither the Roman Emperors Banished Condemned Men to Work in the Mines These were subdued to the English Crown by Athelstane The Island Lindisfarne Or LEndisfarne scituate near the River Lied called also Holyfarne or Holy Island on the confines of Northumberland Hath one Castle one Church one Parish and a safe Haven defended by a Blockhouse It was in ancient time a Bishops Seat after Translated to Duresme and is Governed by the Laws of England It was called Holy Island for that many Religious Men in times past retired thither being a Solitary place There are divers other Islands as Denny Londay and Chaldey in the Severn Sea Thanet and Sheppey near Kent Farne Isle near Lindisfarne and Cockat Islands near Northumberland and many others of small account A COMPENDIUM OF THE Laws and Government OF SCOTLAND WITH THE ISLANDS Thereunto belonging Anno Domini 1699 SCOTLAND IS so called from Scotti Scitti or Scythi a People of Germany over whose Northern Bounds the Name Scythia did once extend These seized on a part of Spain next to Ireland and Anno 424. on the West part of this Country It is the rest of the Isle of Albion or Great Britain in Length from Dungesby-Head to the South parts of Gallway 250 Miles in Breadth from Aberdeen to the Isle of Mule 150 Miles hath no place distant from the Sea 62 Miles and ends like the sharp point of a Wedge It was anciently called Calidonia and sometimes Albania now by the French l'Escosse by the Italians la Scotia by the Spaniards la Escocia and by the Germans Schotlandt and is separated from England by the Rivers Tweed and Solway and the Cheviot Hills in the midst between which were The Borders sometimes extended to Edinburgh and Sterling in Scotland and at other times were enlarged and took in Cumberland Northumberland and Westmorland in England and were Secured or Defended by three Officers in each Kingdom called Lord Wardens of the Marshes But now by the Marriage and Union of the two Kingdoms The Officers and Warres which were the cause of them are extinct Scotland was for many Ages Governed by its own Kings but with divers considerable Alterations till the year 1602 it was to our great satisfaction united to England for ever and does still remain under it Governed by a Vice-Roy called Lord Commissioner Here were formerly two Populous Nations the Scots before described and the Picts who were indeed very Britains who Fled into the Northern parts which are still almost Free when the Romans entred the Scuth parts of Britain These using the ancient Customs of Painting their Bodies after the rest were more Civilized were by the Romans called Picts They Swayed here a long while alone till the year 424 when the Scots set footing in Britain with whom they contracted a League against the Britains but after Warring among themselves Kenneth King of Scots vanquished Dunsken King of the Picts and thereby extinguished both their Kingdom and Name Anno 839. After James the 6th being the 36th King united the Crown of England and Scotland Their chief Commodities Cattle Course Cloaths Frizes Fish Lead Oar Iron Saltpetre Linnen Cloath Train Oyl some Hides and Tallow The Country is divided into the High-lands and Low-lands The first Rude The other of like Ingenious Disposition and Language almost with the English these being the Off-spring of the Saxons and the High-landers The true Scots who speak the Irish Tongue and call both the Low-landers and English Saxons The Gospel was first Preached here by Palladius Anno 431. They are now Protestants and those chiefly Presbyterians Their Language in the South parts a corrupt English and on the North and West parts a Dialect of the Irish The Division is into two Parts viz. 1. High-land or North Scotland somewhat the larger of the Two the Seat of the old Scots 170 Miles long and 130 broad divided into 13 Counties viz. 1. Cathness Chief Towns-Wick and Catness 2. Strathnavern Chief Town Strathy 3. Sootherland Chief Town Dornock 4. Rosse Chief Town Tayne 5. Murray Chief Town Elgen 6. Loquabrea Chief Town Innerlochy 7. Broad-Alben Chief Town _____ 8. Athol Chief Town Blaire 9. Buquihan Chief Town Stanes 10. Marr Chief Town Aberdeen 11. Mernis Chief Town Bervy 12. Anguis Chief Towns Dundee and Brechin 13. Perth Chief Town Perth the Chief Town of the whole Aberdeen 2.
so suddenly overflow through the Rains falling from the Mountains that the Inhabitants are thereby surprized The whole Island is divided into Four Cantons or Quarters Two whereof are possessed by the English and Two by the French but so separated that People cannot go from one Quarter to the other without passing over the Lands of one of the two Nations The English have more little Rivers in their Division The French more of the Plain Country fit for Tillage The English exceed the French in Number but the French have Four Forts and the English only Two and to prevent Differences between the Two Nations each of them have a Guard upon the Frontiers of their Division which is renewed every Day Barbadoes IS the most Considerable Island the English have amongst the Caribees and lies in 13 Degrees and 20 Minutes on this side the Aequator and tho' not above 24 Miles long and 15 broad yet was many years ago accounted to have above 20000 Inhabitants besides Negro Slaves who are thought a far greater Number In the Reign of King James the First a Ship of Sir William Curteens returning from Fernambuck in Brasile being driven by foul Weather upon this Coast chanced to fall upon this Island and Anchoring before it staid sometime to inform themselves of the Nature thereof which was so exceedingly overgrown with Woods that they could find no Champain or Savana's for Men to Live in nor any Beasts but a multitude of Swine which the Portugals put ashoar long before for Breed if they should at any time be cast on that Shoar in foul Weather and the Fruits and Roots that grew there afforded so great plenty of Food as they multiplyed abundantly so that the Natives of the other Islands use to come hither to Hunt This Discovery being made and Advice given to their Friends in England other Ships were sent and having cut down the Woods and clear'd the Ground they planted Potatoes Plantain and Maize which with the Hogs-flesh they found serv'd to keep Life and Soul together and their Supplies from England coming slow and uncertain they were oft driven to great Extremity But in the Year 1627. when they had more Hands and having Tobacco Indico Cotton Wool and Fustick Wood to Trade with some Ships were Invited with hope of Gain to Visit them bringing for Exchange such things as they wanted as Working Tools of Iron and Steel Cloths Shirts Drawers Hose Shoes Hats and more Planters so that in a short time they grew very Considerable especially when their Sugar-Canes were grown and they had Learned the Art of making Sugar The Inhabitants which consist of English Scotch Irish with some few Dutch French and Jews were Calculated lately to be above 50000 and the Negroes about 100000. So that they can in a short time Arm 10000 Fighting Men which with the Natural Advantage of the Place is able to Defy the most potent Enemy as the Spaniards have found to their Cost having in vain Assaulted it several times It hath only one River or rather a Lake which runs not far into the Land yet the Country lying low and level they have divers Ponds and are supply'd with Rain-water by making Cisterns in their Houses The Air is very hot for 8 Months and would be more insupportable were it not for the cool Breezes which rise with the Sun and blow still fresher as that grows higher but always from the North-east except in the Turnado and then it chops about to the South and hour or two and after returns as before The other 4 Months are not so hot but like the Air of England about the middle of May and tho' they Sweat find not such Faintnesâ— as in England in August neither are they Thirsty unless over heated with Labour or strong Drink their Bread is made of the Root of a small Tree or Shrub which they call Cassavy and account it wholsom and nourishing The Chief Towns in this Isle are St. Michael's formerly called Bridge Town Little Bristol St. James and Charles Town with other Parishes of less Note and several Bayes on the Sea-Coasts The Government is by Laws agreeable to those in England for which they have Courts of Judicature Justices of Peace Constables Churchwardens and the like The Island is very strong as well by Nature as Art It is divided into 11 Precincts wherein are 14 Churches or Chapels the whole so filled with Houses that it may almost seem one Great Town Jamaica SCituate in 17 or 18 Degrees of Northern Latitude it 's shape somewhat Oval being about 170 Miles long and about 70 broad in the midst whereof runs a continued Ridge of Mountains so that some have compared the Island to a Saddle From hence flow divers fresh Springs which cause many Rivers to the great Refreshment of the Inhabitants The Island is divided into 14 Precincts or Parishes Named Port Royal St. Catherines St. Johns St. Andrews St Davids St. Thomas and Clarendon c. many whereof are well Inhabited by the English that have there very good Plantations whose Number is not certainly known but according to Survey taken and returned into England some years since there were about 1700 Families and more than 15000 Inhabitants in the fore-named 14 Precincts and in the Four Parishes on the North-side of the Isle that is St. Georges St. Maries St. Anne and St. James above 2000 more all which are now extreamly increased even to Double if not Treble that Number The great Encouragement of gaining Wealth and a pleasant Life inviting abundance of People to Transplant themselves from Barbadoes and other English Plantations every year so that in a small time it is like to be the most Potent and Rich Plantation in all America And besides the afore-mentioned Number of Inhabitants there are reckoned to belong to Jamaica of Privateers or Buccaneers Sloop and Boat-men which Ply about the Isle at least Thirty Thousand stout Fighting Men whose Courage is sufficiently discovered in their daily Attempts upon the Spaniards in Panama and other places which for the Hazard Conduct and Daringness of their Exploits have by some been compared to the Actions of Caesar and Alexander the Great The Laws of this Island are as like those of England as the difference of Countries will admit They having their several Courts and Magistrates and Officers for Executing Justice on Offenders and Hearing and Determining all Civil Causes between Man and Man ADDENDA OR A SUPPLEMENT OF Things omitteed in the Impression of the Book To be Added To The Respective COURTS in the PLACES after-mentioned WITH REFERRENCES To the same COURTS In the Book before contained By the Author Anno Domini 1699. ADDENDA OR A SUPPLEMENT Of Things omitted in the Impression In the High Court of Parliament THE manner of Debates or passing of Bills into Acts is thus It is the Practice of each House to debate not only of what the King hath proposed but of any other Lay-matters unless their Sovereign shall
of England by Letters Patent under the Great Seal Or in respect of some Infirmity or other urgent Occasions hath sometimes by Commission under the Great Seal of England appointed certain Lords of Parliament to represent his Person he being within the Realm The Patent of the Office of a Guardian of England reciteth his speedy going beyond Sea or in remotis or urgent Occasions and the Causes thereof Nos quod pax nostra tam in nostra absentia quam praesentia inviolabiliter observetur quod fiat communis Justitia singulis conquerentibus in suis actionibus querelis de fidelitate dilecti fidelis nostri Edwardi Ducis Cornub. Comitis Cestriae filii nostri primogeniti plenarie confidentes constituimus ipsum Custodem dicti Regni nostri ac locum nost um tenent ' in eodem Regno quamdiu in dictis transmarinis partibus moram fecerimus vel donec inde aliud duxerimus And this is that Capitalis Justiciarius mentioned in Magna Charta Cap. 1. when the King is extra Regnum with a Clause of Assistance But yet if any Parliament is to be holden there must be a Special Commission to the Guardian to begin the Parliament and to proceed therein But the Teste of the Writ of Summons shall be in the Guardian 's Name A Parliament was holden Anno 5 H. 5. before John Duke of Bedford Brother and Lieutenant to the King and Guardian of England and was summoned under the Teste of the Guardian or Lieutenant By Stat. 8 H. 5. Cap. 1. It was Enacted That if the King being beyond the Seas cause to summon a Parliament in this Realm by his Writ under the Teste of his Lieutenant and after such Summons of Parliament gone out of the Chancery the King arriveth in this Realm That for such Arrival of the same King such Parliament shall not be dissolved but the Parliament shall proceed without new Summons In 3 E. 4. a Parliament was begun in the presence of the King and prorogued until a further day and then William Archbishop of York the King's Commissary by Letters Patent held the same Parliament and Adjourned the same c. The Cause of the said prorogation was for that the King was enforced to go in person to Gloucestershire to Repress a Rebellion there The King's Person may be represented by Commission under the Great Seal c. as before is said to certain Lords of Parliament authorizing them to begin the Parliament Both the Guardian and such Commissioners do sit on a Form placed near the Degrees that go up to the Cloth of Estate Coke's 4th Inst Cap. 1. fo 6 7. To the Court of Equity in the Exchequer-Chamber BY the Statute of 33 Hen. 8. Cap. 39 the Judges of this Court have full Power and Authority to discharge cancel and make void all and singular Recognizances and Bonds made to the King for Payment of any Debt or Sum of Money or for performance of Conditions c. upon shewing the Acquittance c. or any Proof made of Payment and performance also to cancel and make void by their Discretion all Recognizances made for any Appearance or other Contempt And that if any Person of whom any such Debt or Duty is demanded alledge plead declare or shew in the said Court sufficient Cause and Matter in Law Reason and good Conscience in Barr or Discharge of the said Debt or Duty and the same Matter sufficiently prove in the said Court then the said Court shall have Power and Authority to judge and allow the said Proof and clearly acquit and discharge such Person and Persons Also Lands chargeable to the King's Debts in the Seisin and Possession of divers and sundry Persons the same shall be wholly and intirely and in no wise severally liable to the payment of the said Debt and Duty But in the said Act of 33 Hen. 8. All manner of Estate Rights Titles and Interests as well of Inheritance as Freehold other than Joyntures for Term of Life are excepted J. S. holdeth Lands of the King by Fealty and yearly Rent and maketh a Lease thereof for Years to A. B. pretends that J. S. leased the same to him by a former Lease Albeit there is a Rent issuing out of these Lands to the King yet neither A. nor B. can sue in this Court by any priviledge in Respect of the Rent for that the King can have no prejudice or Benefit thereby For whether A. or B. doth prevail yet must the Rent be paid And if this were a good Cause of Priviledge all the Lands in England holden of the King by Rent c. might be brought into this Court. But if Black-acre be extended to the King for Debt of A. as the Lands of A. and the King leaseth the same to B. for Years reserving a Rent C. pretends that A. had nothing in the Land but that he was seized thereof c. this Case is within the Priviledge of this Court for if C. prevail the King loseth his Rent The King maketh a Lease to A. of Black-acre for Years reserving a Rent and A. is possessed of a Term for Years in White-acre the King may distrain in White-acre for his Rent Yet A. hath no Priviledge for White-acre to bring it within the Jurisdiction of this Court Some are of Opinion that a Court of Equity was holden in the Exchequer-Chamber before the Stat. of 33 Hen. 8. And then it must be a Court of Equity by Prescription for we find no former Act of Parliament that doth create and establish any such Court And if it be by Prescription then Judicial Presidents in Course of Equity must guide the same As to the Jurisdiction certain it is that there hath been of ancient time an Officer of the Exchequer called Cancellarius Scaccarii of whom amongst other Officers of the Exchequer Fleta saith thus Officium vero Cancellarij est Sigillum Regis custodire simul cum controrotulis de proficuo Regni And the Mirror saith Perjure est per la ou il fuit Chancellor del Exchequer vea a tiel a fair luy Acquittance de tant que avoit payè al Eschequer de la deit le Roy south le Seal del Exchequer ou delay faire Acquittance de tiel jour tanque a tiel jour c. His ancient Fee is 40 Marks Livery out of the Wardrobe 12 l. 17 s. 4. d. in toto 39 l. 10 s. 8 d. See 15. Hen. 8. Cap. 16. The Exchequer hath a Chancellor and Seal and the Writs usual in the Chancery in the Exchequer to seize Lands are more ancient than Praerog Regis Hereunto it is collected that seeing there hath been timeout of mind a Chancellor of the Exchequer that there should also be in the Exchequer a Court of Equity In Rot. Par. 2 Hen. 4. we find a Petition of the Commons That no Writs or Privy Seals be sued out of the Chancery Exchequer or other place to any Man to appear
make a Record of it Coke's 8 Rep. 120. Dr. Bonham's Case Justices of Peace may commit Vagrants to Prison if they will not serve and they may command the Goalers to set 'em at liberty without any other Writ F. N. B. 374. Justices of Peace shall be made of the most sufficient by the Advice of the Chancellor and King's Council without taking others dwelling in Foreign Counties except Lords Justices of Assize and the King 's Chief Steward of Dutchy Lands in North and South St. 2 H. 5. Cap. 2. 18 H. 6. None except Men Learned in the Law or inhabiting Corporations shall be Justices of peace unless their Lands be worth 20 l. per Annum Justices in Middlesex not compellable to keep their Sessions more than twice in the Year but may keep them oftner Stat. 14 H. 6. Vid. the Statutes concerning Justices of Peace Sat. 5 6 W. M. Certiorari to remove Indictments shall not be out of the King's Bench before Trial and from before Justices of General or Quarter Sessions of Peace unless upon Motion of Council and Rule in open Court and the Party indicted find two Manucaptors before one or two of the Justices in the County in 20 l. to plead to the said Indictment in the King's Bench and at their own Charges to procure the Issue joyned upon such Indictment to be tried at next Assizes after the Certiorari returnable Or if in London Westminster or Middlesex then next Term or Sitting after Term unless the Justices appoint some other time of which Notice must be given Costs against the Prosecutor of the Certiorari if he be Convicted In Vacation time Writs of Certiorari shall be granted by any Justice of King's Bench the Justice and Parties Name being indorsed and finding Sureties If upon any Indictment for not repairing High-ways the Title may come in Question upon Affidavit thereof a Certiorari may be granted to remove it into King's Bench upon Sureties found Vid. Washington's Abridgment of Statutes 152. Justices of Peace shall deliver their Indictments to the Justices of Goal-Delivery And Justices of Goal-Delivery may take a Pannel of a Jury returned by the Sheriff without making any Precept which Justices of Oyer and Terminer ought to make Coke's 4 Inst 168. For the Institution of Justices of the Peace and their Duty and Authority and of what they may inquire See the Stat. 4 H. 7. and Coke's 4 Inst 170 to 183. Justices of Peace Sheriffs in their Tourns and Lords in their Leets may enquire of false Weights and Measures c. Coke's 4 Inst 273. If the Commission of Sewers determine the Justices of Peace have Power to execute for one year Coke's 4. Inst 276. By Stat. 2 3 P. M. 18. a new Commission of the Peace or Goal-Delivery for the whole County shall not be a Supersedeas to a former like Commission granted to a City or Town-Corporate being no County Those who desire to see more of their Institution Jurisdiction and Authority may read thereof more at large in Dalt Just Coke's 4 Inst and other Authors who treat thereof and in the Statutes at large See before in Court of the Sessions of the Peace Page 210. To the Court of the Tourne THIS Court of the Tourne is the King 's Leet through all the County and the Sheriff is Judge And whosoever hath a Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourne From this Court are exempted only Archbishops Bishops Abbots Priors Earls Barons all Religious Men and Women and all such as have Hundreds of their own to be kept who are not bound to appear except for some other Cause but only in the Bailywicks where they dwell Stat. Marleb 10.25 H. 3. By Stat. 31 Ed. 3. Sess 1.15 Every Sheriff shall hold his Tourne yearly one time within the Month after Easter and another time within the Month after Michaelmas on Pain to lose his Tourne for the Time This Court is appertaining and incident to the Office of the Sheriff and ought not to be reserved therefrom and the Sheriff is to appoint Clerks under him in his Court such as he will at his Peril answer for but he cannot prescribe to take any thing for the keeping of his Tourne because he is an Officer removeable And by Magna Charta Chap. 35. he is to keep his Tourne in the Hundred at the usual Place It was Enacted by Stat. 1 Ed. 4. That all Indictments and Presentments taken before the Sheriff in his Tourne or County shall be delivered to the Justices of the Peace at the next Sessions in Pain of 40 l. who shall Arraign Deliver make Process and proceed thereupon as if they were taken before themselves and shall deliver indented Estreats of the Fines to the Sheriff to be levied to his own use And here if the Sheriff levy any Fine or commit any to Prison by colour of any such Indictment or Presentment or otherwise than by Warrant from the Justices aforesaid he shall forfeit 100 l. Howbeit Sheriffs of London shall not be restrained by this Act nor such as have had Fines formerly granted unto them Coke's 5 Rep. 112. Mallorie's Case But this extendeth only to Proceedings upon lawful and sufficient Indictments and doth not make any insufficient Indictment good Coke's 9 Rep. 26. Case of the Abbot of Strata Marcella See more in Court-Leet County-Court and Hundred-Court See before in The Court of the Tourne Page 223. To the Court-Leet or View of Frankpledge BY Stat. de Visu Franc. 18 Ed. 2. before mentioned and divers other Statutes the Court of the Leet may enquire of several Offences and amongst the things whereof the Steward of the Leet hath Cognizance and wherewith the Jury is to be charged some are such as may be there enquired of as High-Treason Petit Treason Felonies Burglaries Wilful Burners of Houses or Barns adjoyning thereunto by Night or Stacks of Corn Robbers of Churches and Chappels Takers of Doves out of Dovehouses or young Pigeons or Hawks out of their Nest in the Night or Fishes out of Ponds Stews or Trunks in the Night Stealers of Tame Deer marked Swans or Peacocks Breaking of Prison by Felons Rescuers of Felons and the like and their Accessaries before and after the Felony done Of all which the Jury must make Presentment and this Presentment is to be transmitted to Superior Courts as to the Justices of Goal-Delivery or Justices of Peace in their Sessions And other things whereof this Court hath perfect Cognizance and that may be enquired of and punished here in this Court are 1. By Common Law as the Defaults of Officers and Suitors in doing their Suit to this Court as if any living within the Precinct of the Law-day be not returned of the Decenary or being returned does not appear Or if any above Twelve years of Age have lived within the Leet and had not taken the Oath of Allegiance he was to have been presented here And
Quarter-Sessions of which you may read more in Authors at large And this Special Sessions is also sometimes called Statute Sessions It being enjoyned by several Statutes that they with the Constables of every Hundred do meet and that Masters and Servants do appear for deciding Differences Rating Servant's Wages and bestowing of People are fit to Serve and Refuse or cannot get Masters in Service And now a word or two of their manner of Proceeding which in an ordinary way lieth in Three things 1. Information 2 Hearing and Tryal 3. In giving Judgment and doing Execution By Information the Judges of these Courts take knowledge of Offences either by presentment of Publick Officers as Stewards of Leets Supervisors of High-ways Constables or the like And these are not sent to the Grand Jury to be found by them but are a Perfect Information of themselves to which the party accused must answer And the Information given by the Jury is Two ways either by Indictment or Presentment and the Justices are to receive in this such Indictments they ought but none other and they must ex officio see they are well drawn A Justice may present Defaults as of High-ways c. upon his own View-And any Man may Inform against Offenders without danger But these Common Informers must be allowed of Record and if once turned out are never again to be admitted and must prosecute within the time limited by the Statute of 31 Eliz. and must bring his Informations in the same County and to these ends must be sworn 21 Jac. 1.4 And now we proceed to Hearing and Tryal in which are included the Calling the party his Appearance and Defence The Process for Calling the party upon Indictments for Treason or Felony is 1. Capias 2. Alias Capias 3. Exigi facias If for Indictments of Lesser offences a Venire facias and if Sufficient then Distringas and Process Infinite But if Nihil habet be Returned then Capias Alias Pluries and Exigi facias The Process upon any Indictment or Presentment for an Offence against a Statute shall be such as the Statute shall direct otherwise the Ordinary Process of the Common Law There are other Processes as Freri Facias and Capias after Judgment for doing Execution 5 amp 6 Ed. 6.14 and in some cases Elegit See 31 Eliz. 7. But touching Process Three things must be observed 1. That no Process Issue but upon Inquisition of Twelve Men or Return of a Sworn Officer some Special Cases excepted 2. They are not granted upon Suggestion by Word or Writing 3. Nor may Process Issue but Sedente Curia And sometimes the party comes in by Recognizances which are to be Certisied to the next Sessions after they are taken when and where the Appearance of the party or his Default of Appearance is Recorded and Certified And Bail is to be taken Quando stat indifferenter but not otherwise The Justices cannot Award Process upon Recognizance forfeited but must certifie the same and the cause of Forfeiture into some of the Courts of Record at Westminster That Process may Issue from thence Supersedew from above must be brought by the party at the Sessions for if he send it will scarcely be allowed If one be bound to appear at the Quarter Sessions he must appear there If at the Sessions he may appear at any Sessions Dalt J.P. 237. Certiorari coming before the day to remove the Recognizance into the Chancery or Kings Bench will discharge the appearance Dalt J. P. 237. After Appearance the Party must either confess and submit to the Fine or Traverse the Charge and if so he must be bound to Prosecute it unless it be Tryed presently which must be by Pety-Jury And this is called an Arraignment or Tryal and if they pass for the King And find him guilty of the offence or he confess it or stand out an Utlary so that it come to a Conviction Then are the Justices to give Judgment and see Execution done according to Law In which they must observe these Rules First In giving Judgment They must adjudge Men according to Law For where the Law appointeth a Corporal they may not inflict a Pecuniary Punishment Et sic è converso Neither may the change the Degree of Punishment They have power to inflict Corporal Punishments as Death cutting of the Parts of the Body Burning or Marking Imprisoning Whipping Stocking or Cucking Stool and Pecuniary Punishments as loss of Offices Lands or Goods Fines or Issues Amerciaments In fame as to Brand a Man that is Perjured that his Testimony afterwards shall be of no Credit They may not set a Fine or Amerciament but Sedente Curia and all Fines must be reasonable Where the Stature appoints a Penalty no other can be imposed neither may the Justices mitigate it after the Party is Convicted by Confession or otherwise But if the Party Indicted before his Conviction come into Court and Protest his Innocency yet Quia noluit placitare c. he putteth himeself to the grace of the Court the Justices may and do usually Impose a Moderate Fine and by Order forbear the prosecution Other Judgments being rarely or more seldom given or Executed by Order of these Courts or the Sessions But the Pillory Whipping or Fine The Execution of the two first being commonly known we shall only speake of The Fine which if it be at Common Law hath Imprisonment incident till it be paid yet in such Case the Justices may take a Recognizance for Payment of it and deliver the Party out of Prison or they may cause the Clerk of the Peace to Estreat all Fines and Amerciaments by Indenture into the Exchequer for the Sheriff to levy and they are to keep one part of the Indenture themselves Thus having giving a Short view of the Jurisdictions and Proceedings of these Justices in their Sessions I refer all other Matters concerning them and their Authority to the Authors who have written largely upon that Subject The Court of Inquiry of the Defaults of Justices of Peace Justices of Assize Sheriffs and Under-sheriffs c. THis Court is raised by the Statute of 2 Hen. 5. And is a Court only of Inquiry touching the Execution of the Statute of 13 Hen. 4 cap. 7. concerning Riots Routs and unlawful Assemblies And they are to certifie their Inquests incontinently into the Chancery As by the said Statute more at large appeareth See 19 Hen. 7. cap. 13. For the Execution of Laws in each County THe King every Michaelmas Term upon nominating six by the Justices Itinerant Three whereof are Struck out by the Lord Chancellor Treasurer and Judges out of the remaining three about Crastino Animarum yearly pricks one fit person for Sheriff of each County except for Westmoreland and Durham which are Hereditary who is to Execute the Kings Mandates and all Writs directed to him out of the Kings Courts Impannel Juries bring Causes and Criminals to Tryal and to see Sentences both in Civil and Criminal Affairs
Exectuted To attend and Guard the Itinerant Judges twice a year while in their County with great Pomp and Feasting at the Assizes and hath attendant on him his Under-sheriff Clerks Stewards of Courts Bailiffs of Hundreds Constables Gaolers Serjeants and Beadles with a Train of Servants on Horseback in rich Liveries at the Reception of the Judges He Collects all publick Profits Fines c. of the County And for Exercising his Judicial Power hath these Courts The Court of the Tourn THe Tourn called anciently Shiregmote Is a Court of Record holden before the Sheriff The ancient Institution whereof by King Alfred was before Magna Charta To hear and determine all Felonies Death of Man excepted and Common Nusances See the Charter of William the Conqueror Magna Charta and Exposition thereupon the second part of Coke's Institutes and Coke's 4 Institutes cap. 53. The Stile of this Court is Curia Visus Franc ' pleg ' Domini Regis apud B. coram Vicecomite in Turno suo And seems to have its Denomination from the French Tour i. e. Ambitus circuitus And is as much to say as The Sheriffs Course or Perambulation For which and the Articles Inquirable there See Greenwoods Jurisdiction of County Courts and other Authors at large and Coke's 4 Institutes cap. 53. And this Court is said to be Schola Insigniendi Juvenes A School to Instruct young Men in the ancient Laws of the Kingdom The Court of Leet or View of Frank-pledge THis is a Court of Record at the first derived and taken out at the Tourn because the people did undergo great trouble in travelling to the Sheriffs Tourn Leets or Views of Frankpledge were granted to Lords of Manors within certain Precincts yet this Court in whose Manor soever it is kept is still accompted the Kings Court because the Authority is Originally apertaining to the Crown and thence derived to inferior persons And whosoever hath the Leet hath the same Authority within the Precinct as the Sheriff hath within the Tourn And Lep or Leet is a Saxon word from the Verb Zelepian z being added Euphoniae gratia i. e. Convenire to assemble together unde Conveutus And the Stile of this Court is Curia Visus Franc ' pleg ' tent ' apud B. coram A.B. Seneschallo This Court of the Leet as likewise the Tourn are Instituted for the Common Weal As for Conservation of the Kings Peace Punishment of Common Nusance as for selling Corrupt Wines and Victuals c. And by divers Acts of Parliament the Jurisdiction of this Court hath been increased to the end the Subject might have remedy and Justice at his own Door And therefore the Steward ought to be knowing in the Law for Ignorantia Judicis est calamitas Innocent is Of the Antiquity and Jurisdiction of this Court which is very ample you may Read more at large Coke's 2 Institutes Magna Charta cap. 17.35 4 Institutes cap. 54 There are Three things to be considered in holding of Tourns or Leets 1st Time which must be twice in a year viz. within one Month after Easter and one Month after Michaelmas at the Tourn after Earst No Actions Popular are to be inquired after c But only to take their Suit who are Suitors which at the Sheriffs Tourn are all Men from 12 to 60 years of age within the County Ecclesiastical Persons Peers and Women excepted and at the Leet the like Persons within the Precinct which is called Suit Real by Reason of their Allegiance to which they are Sworn to be true and Loyal to the King and to take the view c. And at the Tourn or Leet after Michaelmas then to inquire of such things which are inquirable there 2ly The place where the Leet is to be holden and that must be within the Precinct or Liberty in Loco debito cosueto and if it be done otherwise whatever is acted in it is void 3ly The Persons who are all Freeholders within the Precinct or Liberty and are obliged to come by the Service of their Fees and all others of fit age except the persons above mentioned to be excepted The Sheriff in the Tourn or Steward in the Leet as Judge hath a double Authority 1. Election of Officers 2. Punishment of Offenders And this Punishment of Offenders is in a twofold manner and in it are to be respected 1. Actus Curiae for Punition of Offences in Curia where the Sheriff or Steward as Judge may punish by Fine without Inquiry by the Country c. As if a Juror sworn refuse to make Presentment depart without giving his Verdict or refuse to be Sworn the Steward may impose a reasonable Fine upon him 2. Actus Patriae for Punishment of Offences Extra Curiam where the Jurors who are sworn have peculiar Cognizance and have Authority to Present and to Assess Amerciaments for them And the Sheriff or Steward by the Statute of 18 Ed. 1. may Inquire of several Misdemeanors from the highest Treason to the lowest Trespass tho' not here punishable He may also Impannel a Second Jury to Enquire of the Defaults and Concealments of the First and so Fine them for their offence And for default of Resiants he may compel a Stranger coming within the view to be of the Inquest And the Officers he hath Election of are The Bailiff who is to Collect the Rents and Profits of the Manor or Liberty and Give a true accompt thereof and to execute all the Precepts of the Court. The Constables who are chosen and are to see the publick peace kept Watch and Ward observed Learn the Contents of the Statute of Winchester made against Rogues c. And to punish such as play at unlawful Games The County Court THe Stile of this Court is Bucks Curia prima Comitatus E.C. Militis Vicecomiti Com. praedict ' Tent ' apud B. c. And the next Court is Curia secunda E. C. c. And soforth of the rest Of the Jurisdiction and Authority of this Court you may Read in the Statute of Magna Charta cap. 35. The Suitors are Judges except in a Redisseis in the Sheriff is Judge and a Writ of Errour lieth upon his Judgment And being no Court of Record It holdeth no Plea of any Debt or Damages to the value of Forty shillings or above Nor of any Trespass Vi armis because a Fine was due thereby to the King But of Debt Detinue Trespass and other Actions personal above Forty shillings The Sheriff may hold Plea by force of a Writ of Justicies for that is in nature of a Commission to him and is Vicountiel and not returnable And the Sheriff may before any County Court award a Summons to his Bailiff returnable within two or three days at his Discretion to Summon the Defendant by his Goods c. to answer and if the Bailiff return Nihil and the Plaintiff remove the same by a Pone into the Common-Pleas that Court shall not grant a Capias for