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
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
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
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
altho' that Judgment be given to recover the Land in the Common Pleas yet the Land is not Frank-see but remains Ancient Demesne because the beginning and foundation thereof was in Ancient Demesne They may Levy a Fine in Ancient Demesne which by Custom is said to be a Bar of an Estate Tail but certainly that will not hold If the Tenant remove the Plea for the cause mentioned in the Recordare he may come into the Kings Court and Assign other Cause And Twenty if he hath to maintain the Jurisdiction of the Kings Court Coke's 4 Inst cap. 58. All those Manors which were in the Hands of St. Edw. the Confessor were caused to be Written in Doomes-day Book Sub Titulo Regis and all the Lands holden of the said Manors are held by Tenure of Ancient Demesne And the Tenants shall not be Impleaded out of the said Manors and if they be they may shew the Matter and abate the Writ But if they Answer to the Writ and Judgment be given then the Lands become Frank-fee for ever And Tenants in Ancient Demesne which held their Lands by Soccage That is by Service with the Plow are called Sockmans That is Tenants or Men that hold by Service of the Plow or Plowmen for Sock signifies a Plow Terms del Ley. All the Lands that are in the Kings Hands are Frank-fee and Pleadable at the Common Law F. N. B. 35. The Manor it self and the Demesne Lands within the Manor is Pleadable at Common Law and a Man ought to Sue his Action for the Manor and for the Lands which are Parcel of the Manor at the Common Law and in the Common Pleas F. N. B. 24. But if a Man Sue for Lands holden of the Manor in the Hands of a Free Tenant he ought to Sue the Writ of Droit Close directed to the Lord of the Manor and there he shall make his Protestation to Sue in the same Court the same Writ in the nature of what Writ he will Declare And if false Judgment be given the Tenant or Demandant may Sue a Writ of false Judgment F. N. B. 24. But he who holdeth in Ancient Demesne by Copy of Court Roll at the Will of the Lord who is called Tenant by base Tenure and anciently Tenure in Villenage if he be ousted of his Lands he shall not have this Writ of Droit Close but ought to Sue by Bill in the Court of the Lord of the Manor and shall make Protestation to Sue there in nature of what Writ he will but he shall not have a Writ of false Judgment or other Remedy but to Sue to the Lord by way of Petition F. N. B. fo 26 27. And when the Writ of Droit Glose cometh to the Lord or his Bailiffs he ought to hold a Court and if he will not hold it The Demandant may Sue a Writ out of Chancery commanding him to hold it and thereupon an Attachment directed to the Bailiff returnable in the Kings Bench or Common-Pleas whereupon he shall recover Damages or the like against the Bailiff And if the Lord oust his Tenant that holds in Fee he may have a Writ of Droit Close or an Assize or other Writ at Common Law against the Lord for those Lands F. N. B. 26. No Lands are Ancient Demesne but Lands holden in Soccage And By this Tenure is intended that the Tenants shall do the Service of the Plowâ— viz. To Plow and Till the Lords Lands to Mow the Lords Meadows and such like Services as are for the maintaining of the Kings Sustenance or Victuals and his Subjects And for such Services the Tenants have divers Liberties and Priviledges in Law as to be quit of Toll and Taxes if not charged upon Ancient Demesne To be free from Charges of Knights of Parliament and not to be put on Enquests out of their Manors unless they have other Lands c. And if the Lord Distrein for other Service or Customs than they are used to do they may have a Monstraverunt F. N. B. fo 30 31. The Lord shall not answer to Attachment upon the Monstraverunt before the Court be certified by the Treasurer and Chamberlain of the Exchequer whether the Land be Ancient Demesne F. N. B. 35. The Lord shall have a Writ of Disceit against him who levieth a Fine of Demesne Lands and he who is Tenant shall avoid the Fine But if he Release to him in Possession it shall bind F. N. B. 216. Lands in Ancient Demesne may be extended by the Statute de Mercatoribus 13 E. 1. Coke's 2 Inst 397. And upon Statute Staple And general Statutes extend to it Coke's 4 Inst 270. Fine in Ancient Demesne by Custom Bars an Estate Tail Coke's 2 Inst 207 270. The Jurisdiction extends not to personal Actions Coke's 2 Inst 224 270. The Demandant in a Writ of Droit Close cannot remove the Plea out of the Lords Court for any cause c. nor can the Tenant remove the Plea out of the Ancient Demesne if not for Causes which prove the Land to be Frank-fee and not Ancient Demesne And when the Court is removed by Recordare he ought to shew some Special matter to prove the Land to be Frank fee and not Ancient Demesne otherwise the Plea shall be sent back unto the Lords Court But to shew a Fine levied in the Kings Court of the same Land or a Recovery had upon a Praecipe quod Reddat is a good cause to prove the Land to be Frank-fee c. Tenants in Ancient Demesne may make Attorneys Coke's 2 Institutes 700. Ancient Demesne Tryable by Book of Doomes-day Coke's 4 Inst 270. In a Replevin Writ of Mesne Writ of Ward in Accompt against Guardian in Soccage Ancient Demesne is a good Plea for the Appearance and Common Intendment that the Realty doth come in Debate so in Accompt against a Bailiff For it is brought for the Issue and Profits of the Land which is Ancient Demesne which ought to be determined in the Court of Ancient Demesne And in Assize brought by Tenant by Elegit Ancient Demesne is a good Plea For the manner of Proceeding and Tryal See Coke's 5 Rep. 105. Alden's Case 105. If Ancient Demesne be pleaded of a Manor and denied it shall be Tryed by the Record of the Book of Doomes-day in the Exchequer But if Issue be taken that certain Acres are parcel of the Manor which is Ancient Demesne it shall be Tryed by Jury for it cannot be Tryed by the same Book Coke's 9 Rep. 31. Case of the Abbot of Strata Marcella If a Man Levy a Fine of Land in Ancient Demesne to another at Common Law now the Lord shall have a Writ of Disceit against him who levied the Fine and him who is Tenant and thereby he shall make void the Fine and the Conusor shall be restored to the Possession which he hath given by the Fine But if the Conusor after the Fine Release to the Conusee by his Deed being in Possession or by
in London Page 400 Chartereux in London Page 404 Cambridge City Page 426 Civil Government of Villages Page 431 Carolina Page 512 Caribee Islands Page 519 St. Christophers Page 526 Court of First-fruits and Tenths c. Page 548 D. DIvine Law Page 6 Delegates Court Page 44 Durham County Palatine Court Page 252 De Conservatore Treugarum i. e. Induciarum c. Page 302 Dominica Island Page 522 E. ENgland's Government Page 22 Ecclesiastical Government of England Page 28 Executive power in Causes Ecclesiastical Page 36 Executive power in Temporal Affairs Page 80 Exchequer Court Page 127 Eyre Justices Court Page 193 Execution of Laws in each County Page 222 Escheator 's Court Page 239 Ely's Royal Franchise Page 254 Ecclesiastical Government of the King's Court Page 308 Ecclesiastical Government of the Queen's Court Page 341 Ecclesiastical Government of Cities Page 344 Ecclesiastical Government of London Page 347 Ecclesiastical Government of Villages Page 431 English Plantations in Asia Page 491 English Colonies in Africa Page 492 English Plantations in America Page 492 F. FUndamentals of the Laws Page 8 Forrest Justices Court Page 175 Franchise of Ely Page 254 Franchise of Hexam and Hexamshire Page 255 First-fruits and Tenths Ecclesiastical Page 548 G. GOvernments in General Page 1 Government of England Page 22 Government Ecclesiastical of England Page 28 Government civil of England Page 51 Gaol-Delivery Justices Court Page 169 Government of Counties in England Page 207 Great Sessions in Wales Page 270 Government Military of England Page 275 Government Ecclesiastical of the King 's Court Page 308 Government civil of the King's Court Page 312 Green-cloth Court Page 315 Government Military of the King's Court Page 338 Government of the Queen's Court Page 341 Government Ecclesiastical of the Queen 's Court Page 341 Goveonment civil of the Queens Court Page 342 Government of Cities Page 344 Government Ecclesiastical of Cities Page 344 Government civil of Cities Page 345 Government Ecclesiastical of London Page 347 Government civil of London Page 348 Government Military of London Page 363 General Post-Office Page 381 Gresham Colledge in London Page 402 Government of the two Universities Page 415 Government of Boroughts in England Page 430 Government of Villages in England Page 430 Government Ecclesiastical of Villages Page 431 Government civil of Villages Page 431 Guernsey olim Servia Page 437 Government of Scotland Page 445 Government of Ireland Page 463 Guinea Page 492 Guardian of England Page 540 H. HUmane Law what Page 7 High Commission Court Page 36 High Court of Parliament Page 51 535 High Stewards Court Page 81 539 High Court of Chancery Page 90 Hundred Court Page 233 630 Heralds Colledge Page 283 Hustings Court Page 351 Halmote Court Page 358 Hebrides Islands Page 460 I. JUstices of Assize Nisi-prius Court Page 144 Justices of Oyer Terminer Court Page 153 Justices of Gaol-delivery Court Page 169 Justices of the Forrest Court Page 175 Justices in Eyre's Court Page 193 Justices of Trailbastons Court Page 195 Inns of Chancery Page 383 Inns of Court Page 384 Inns of Court manner of keeping Christmas Page 390 Judges Page 394 Islands adjacent unto England Page 433 Jersey olim Caesarea Page 437 Insula Vectis or Vectae Page 439 Ireland Page 463 Jamaica Page 530 K. KING Page 22 King's Bench Court Page 113 King 's Swanherd Page 204 587 King's Aulnager Page 205 590 King of England's Court Page 308 Knight Marshal Page 320 King 's great Wardrobe Page 332 St. Katherine's Page 378 Keeping Christmas in the Inns of Court Page 390 L. LAws in General Page 4 Law Eternal Page 4 Law of Reason Page 5 Law Divine Page 6 Law Humane Page 7 Law fundamentals Page 8 Laws and Constitutions Ecclesiastical Page 45 Leet Court Page 224 Law study Page 383 London Page 346 Lindisfarne Page 441 M. MOney collected for Houses of Correction or for the Poor Page 166 Mayor of the Staple's Court Page 263 Military Government of England Page 275 Maritime Power of England Page 287 Marshalsea Court Page 321 Military Government of the King's Court Page 338 Mayor and Aldermens Court Page 356 Military Government in London Page 363 Mootings in the Inns of Court Page 388 Mootings in the Inns of Chancery Page 390 Manner of holding Parliaments in the Inns of Court Page 392 Man Isle Page 433 Mariland Page 507 Montserrat Page 521 Mevis or Nevis Page 524 N. NAvy Office Page 295 Norwich City Page 411 Newfoundland Page 494 New England Page 496 New York Page 500 New Jersey Page 504 Nevis or Mevis Page 524 O. OFfice of Pleas in the Exchequer Page 142 Office of Tents Page 335 Office of the Robes to the King Page 335 Officers of the Robes to the Queen Page 342 Orphans Court Page 356 Office of the Ordnance Page 368 Office of the Warden of the Mint Page 373 Office of Records in the Tower Page 375 Oxford Page 415 Orcades Page 459 P. PRivy Council Page 22 Prerogative Court of Canterbury Page 40 Punishments by Ecclesiastical Courts Page 47 Punishments Ecclesiastical peculiar to the Clergy Page 49 Parliament High Court Page 51 535 Pipowders Court Page 246 Pembroke Palatine's Cuort Page 255 President and Council in the North Page 258 Principality of Wales Page 266 President and Council of Wales Court ibid. Port Courts Page 298 Parliament-holding in the Inns of Court Page 322 The Palace ibid. Post-Office General Page 381 Physicians Colledge in London Page 400 Plantations in Asia Page 491 Plantations in Africa Page 492 Plantations in America ibid. Pensylvania Page 505 Protector of England Page 540 Q. QUeen of England's Court Page 341 R. ROyal Franchise of Ely Page 254 River of Thames Conservator's Court Page 360 S. STar-chamber Court Page 104 Swanherd Page 204 587 Sessions of the Peace Court Page 210 Stannaries Court in the County of Devon and Cornwall Page 261 Lord Steward 's Court Page 324 325 Sheriffs Court in London Page 352 Serjeants Inns Page 392 Serjeants Call or Creation Page 393 Sion Colledge Page 403 Schools in London Page 405 Southwark ibid. Sorlings Page 440 Scotland Page 445 Scottish Isles or the Lesser-Islands near Scotland Page 459 Schetland I. ibid. T. TRyals Ecclesiastical in civil Causes Page 46 Tryals Ecclesiastical in criminal Causes ibid. The Tourn Page 223 Tower of London Page 365 Tangier Page 492 V. UNiversities Page 415 Virginia Page 510 St. Vincent Page 523 260 W. WItnesses Examination by Commissioners Page 203 Wardens Courts c. Page 260 Wales 266 Wardrobe of the King 332 Wardmote Inquest 358 Westminster City 406 Wight Island 439 Y. YEomen of the Guard 340 FINIS ERRATA PAge 14. line 11. read Escheators p. 17. l. 31. r. the. p. 21. l ult for of the Laws of England r. of the Jame p 25. l. 11. the Comma at without Warrant p. 57. l. 4. r. Roy. p. 69. l. 4. r. Martial p. 74. l. 23. r. The Stat of p. 78. l. 1. r. Sess 2. cap. 4. p. 102. l. 20. r. by a Deputy p 114. l. 12. r. Westminster p. 133. l. 4. r. Auditeth p. 136. l. 13. r. 2d p. 141. l ult r. 4. Instit p. 171. l. 10. r. plevisable p. 182. l. 7. r. circa l. 3. for nolucrint r. vâ—lâ—â—rint p. 185. l. 22. r belong p. 190. l. 15. r. nor p. 193. l. 19. r. of a Commission p. 201. l. 24. r. Banque p. 307. l. 15. dele in p. 209. l. 18. dele and. p. 225. l. 27. r. Easter p. 243. l. 10. r. Drachme l. 17. r. Avoir p. 275. l. 15. r. Pay p. 276. l. 21. r. were heretofore p. 279. l. 13. r. scale p. 280. l. 5. r. seale l. 7. r. surcease l. 13. surcease 281. l. 4. r. fact ' l. 16. r. Foy p. 291. l. 3. r. 62432. pounds p. 298. l. 19. r. 4 Instit 147. p. 301. r. Lynne p. 302. l. 6. r. Raised p. 303. l. 24. the Comma at concitat p. 304. l. 27. r. Foreign p. 306. l. 23. r. to that Sin p. 307. the Comma at Tacitus p. 327. l. 26. r. stick p. 350. l. 21. r. Camera Regis Reipublicae Cor totius Angliae Epitome p. 353. l. 6. dele and if they be not Inrolled p. 407. l. 13 r. secular p. 411. l. 17. for ortam r. ortum p. 463. l. ult r. called p. 464. l. 24. r. Belfast p. 468. l. 8. r. Universities one p. 476. l. 27. r. Ego p. 486. l. 6. r. Alienigena l. 19. r. 25. p. 510. l. 27. r. as p. 564 r. Plea p. 565. l. 4. r. F. N. B. 27 28 l. 7. r. 100. p. 570. l. 29. r. new framed p 579. l. 15. r. Testmoignes l. ult r. Bokland p. 607. l. 25. r. Letae
the Kingdom and not by the Country And these Maxims are not alone taken for Law but also all other like cases and all things necessarily following upon them are to be placed in like Law and they are in the same force and strength in Law as Statutes and althô all these Maxims might conveniently be numbred amongst the aforesaid General Customs since Ancient Custom is the sole Authority as well of these as those yet because those General Customs are diffused and known they may easily and without study in the Laws be known but these Maxims are only known in the Kings Courts or by those who are Learned in the Law and now for example sake we will mention a few of them since to declare them fully great Volumes would not suffice And first there is a certain Maxim in the Laws of England that no Prescription in Lands maketh a Right also that Prescription in Rents and Profits to be taken in the Lands of another maketh a Right also that the limitation of Prescription is generally taken à tempore cujus centrarij Memoria hominum non existit c. And further there are many other Maxims as in certain Actions The Process is by Summons Attachment and Distress Infinite and in some by Capias Infinite c. and that there should be these divers Processes in divers Actions may seem expedient and reasonable but that there should be these divers Processes had in the Law of England and none other cannot be proved by Reason therefore they must necessarily have their force from the Maxims aforesaid or the Ancient Custom of the Kingdom And some Maxims seem to be founded upon Reason Secundary and therefore some may think they may be put unto the first Fundamental of other Laws of England as if any command a Trespass he is a Trespassor c. And there are other Maxims and Customs which are not so manifestly known but may be known by the Law of Reason partly by Books of the Law of England which are called Year Terms partly by Records in the Kings Treasury and remaining in the Kings Courts and by a Book called the Register and by divers Statutes in which such Customs and Maxims are often recited Vide Doctor Student The Fifth Fundamental of the Law of England consists of Divers particular Customs used in divers Countries Towns Lordships or Mannors and Cities of the Kingdom which said particular Customs because they are not against Reason nor the Law of God altho' they are contrary to the aforesaid General Customs and Maxims of Law yet they retain the force of Laws And they ought not always to be determined by the Judges whether there be such a Custom or not unless in a few particular Customs sufficiently known and approved in the Kings Courts but ought to be tryed by the Country And of these particular Customs I shall put a few for Example As there is a Custom called Gavelkind in Kent where all the Brothers shall Inherit as the Sisters do at Common Law By Burrough English in the Town of Nottingham the younger Son shall Inherit In some Countries the Wife shall have all the Inheritance of her Husband in Name of Dower so long as she continues a Widow And in some Countries the Man shall have half the Inheritance of the Wife during his Life although he hath no Issue by her In some Countries the Infant may make a Feoffment at his Age of Fifteen years And in some Countries when he can Measure an Ell of Cloth yet such Infant may not make Warranty for if he do it is void in Law neither may he in such case make a Release Thus are held many other particular Customs The Sixth Fundamental consists of Divers Statutes Ordained in Parliament when other Fundamentals of the Law of England are not sufficient for it is to be known that altho' the Law of Reason may be assigned to be the first and principal Fundamental of the Law of England yet the Law of Reason is not of so great force and efficacy in the Laws of England that it alone being known all the Law of England is known For besides the Law of Reason he who desires to know the Laws of England ought to know the Custom of the Kingdom as well General a Particular and the Maxims and Statutes of Law or otherwise altho' hâ— were the wisest of Men he will understand but few things of the Truth oâ— the Law of England From these things before contain'd it may be deduced which often fall out That in one and the same case two or three Fundamentals of Law ought to concur together before the Plaintiff may obtain his Right as by Example may appear As if any afteâ— Entry by him made into any Land with a strong hand make a Feoffmenâ— for Maintenance to defraud the Possessor of his Action then the Demandant by the Statute of 8 Hen. 6. cap. 9. shall recover his treble Damages according to what Damages shall be assessed by the Jury In which case it appeareth that such Entry is prohibited by the Law of Reason Secundary but that the Demandant shall Recover his treble Damages is by the aforesaid Statute And that the Damages shall be Assessed by the Jury is by the Custom of the Kingdom And thus Three Fundamentals of Law concur in this case And it is to be noted that there are many Customs as well General as Particular and also Divers Laws called Maxims which take not their force from strong Reason but from the Custom of the Kingdom For by Statutes they may be changed into the contrary and what can be changed can never be affirmed to be the Law of Reason Primary As for Example How doth it stand with Reason or Conscience That if one bound in an Obligation to pay Money pay part of the Money but takes no Acquittance or lose it by the Laws of England he shall be compell'd to pay that Money again because of the General Maxim That in an Action of Debt upon Bond the Defendant may not plead Nihil debet or Quod poecuniam solvit nor otherwise discharge himself unless by Acquittance or other sufficient Writing amounting to a Discharge in Law and this to avoid the great Inconvenience which would follow if every one by word alone might avoid an Obligation And thus having briefly set forth the Fundamentals of the Law of England we shall proceed to the Government and the Legislative and Executive Power of the Laws of England The Government of England THe Government of England is 〈◊〉 the first and best kind viz. Monarchical Political Government The King BEing Supream Governour in 〈◊〉 Causes and over all Persons froâ— Him is derived all Authority and Jurâ—diction He being Quasi Intellectus Ageâ—â— Forma formarum c. And from thâ— King with the Advice of His Majesties Privy Council THat most Honourable Assembâ—â— in the Kings Court or Palace aâ— others receive their Motion It is calleâ— Concilium Secretum Privatum
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
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
Manuscripts There have been in that time and since the Conquest till the Lord Cokeâ— time 280 Sessions of Parliament and at every Sessions divers Acts made nâ—â— small number whereof are not in Print Cokes 1 Inst 110. a. The Jurisdiction of this Court is sâ— Transcendent That it Maketh Inâ—largeth Diminisheth Abrogateth Repealeth and Reviveth Laws Statutes Acts and Ordinances concerning Matters Ecclesiastical Capital Criminal Common Civil Marshal Maritime c. And none can begin continue or dissolve the Parliament but by the King's Authority Cokes 1 Inst 110. None can be sent out of the Realm no not into Ireland against his will albeit by Order of Parliament Cokes 2 Inst. 47 48. Trial by Peers of Peers of Parliament was very ancient and in the time of the Conqueror both for Men and Women and anciently those that were not Lords of Parliament were Judged in case of Treason or Felony by the Peers of the Realm By Authority of Parliament it was declared That Urban the 12th was duly elected Pope Cokes 2 Inst 274. Few or none of the Acts made in Ed. 1. time have been Repealed Cokes 2 Inst 280. Where Communitatem Angliae and many such Words are taken for the Parliament and as there was a legal word Guidagium being an Office for guiding Travellers through dangerous passages so the Laws of the Realm are â—o guide the Judges in all Causes Cokes 2 Inst. 526. Cardinal Woolsey endeavouring to bring in the Civil Law was the occasion that but one Parliament was held from the 7th to 21th year of Hen. 8. Cokes 2 Inst. 626. George Nobles a Priest Attainted by Verdict for Clipping the Kings Coiâ— was Adjudged and Executed at Tyburâ— as a common person and Merx 〈◊〉 shop of Carlisle for Treason againâ—â— Hen. 4. had Judgment as in case 〈◊〉 High Treason But Cor Regis in manu Dâ—mini he was pardoned Cokes 2 Inst 63â— The Parliament at Oxford 42 Hen. 〈◊〉 was called Insanum Parliamentum 12 Ed. 2. The Parliament of Whiteband 5 Ed. 3. Parliamentum bonum 10 R. 〈◊〉 Parliamentum quod fecit Mirabilia 21 R. 〈◊〉 Magnum Parlimentum 6 H. 4. Parlâ—â—mentum indoctum 4 Hen. 6. Parliamâ—â—tum Fustium 14 H. 8. The Black Parlâ—â—ment 1 E. 6. Parliament ' pium 1 Maâ—â— Parliament ' propitium Parliaments of Q. Pia Justa Provida 21 Jac. 1. Foelix Paâ—â—â—amentum And the Parliament in the 〈◊〉 year of King Ch. 1. Benedictum Parlâ—â—mentum The Reasons of most of the Appellations appear upon Record Câ—â— 3 Inst 2. It is Lex Consuetudo Parliamenâ—â— That wheresoever the Parliament Sâ—â— Proclamation should be made forbâ—ing wearing of Armour and all Plays and Games of Men Women or Children Cokes 3 Inst 160. The Britons loved the Laws of England and petitioned to have the Laws of England in all cases of the Crown used in Wales And now seeing there are Sheriffs in Wales the Writs for Election of Knights Citizens and Burgesses are directed to them returnable in Chancery Cokes 4 Inst. 241. Every Lord of Parliament ought to have a Writ of Summons sent to him out of the Chancery at least 40 Days before the Parliament begin and the Writ of Summons to the Barons is Quod intersitis cum Praelatis Magnatibus Proceribus super dictis Negotijs tractaturi vestrumque Consilium Impensuri but the Writ to the Assistants as all the Judges Barons of the Exchequer of the Coif the Kings Learned Councel and the Civilians Masters of the Chancery are different from the other as thus Quod intersitis Nobiscum cum caeteris de Concilio nostro and sometimes Nobiscum only super Praemissis tractaturi vestrumque Consilium Impensuri and the Writs of Summons to the Bishops c. you may see in Cokes 4 Inst 4 5 6 9 10 14 47 48 50. And at the Return of these Writs the Parliament cannot begin but by the Royal Presence of the King either in Person or by Representation Cokes 4. Inst. 6. The Writs of Summons are to be found in the Close Rolls and the Forms of them you may see in Cokes 4 Inst 9 10. Which Forms as also the Forms of all other original Writs are not to be altered but by Act of Parliament and where they Issued out of the Chancery and were Returnable in the Court of Parliament the Return thereof could not be altered and Returnable into the Chancery But by Act of Parliament 7 H. 4. cap. 15. They be now returned into the Chancery and kept in the Office of the Clerk of the Crown there see the Statute of 4 H. 7. cap. 15. and Cokes 4 Inst. 9 10. Who shall be Electors and the Sheriffs duty in Electing you may see in the several Statutes whereof some are mentioned in Cokes 4 Inst. 48. If Erroneous Judgment be given in the Kings-Bench it shall upon petition of Right be brought into Parliament to be reversed or affirmed and the proceedings thereupon you may read in Cokes 4 Inst 21. None of the Judges of Kings-Bench Common-Pleas or Exchequer are Eligible because Assistants in the House of Lords nor any of the Clergy because of the Convocation but those who have Judicial places in other Courts are Eligible Cokes 4 Inst 47. Thorpe could not be Speaker unless he were Knight of the Shire Cokes 4. Inst 47. in the margent Tenants in ancient Demesne not contributary to the expences of Members in Parliament nor Chaplains who are Masters in Chancery to Proctors in Parliament F. N. B. 507. Cokes 1 Rep. 25 160. A saving in an Act of Parliament Repugnant to the Body of the Act is void Cokes 1 Rep. 47. Alton Woods's Case He who taketh a Gift by Act of Parliament shall not have other Estate than is given by the Act Cokes 1 Rep. 47 48. Alton Woods Case An Act of Parliament or the Common Law may make an Estate void as to one and good as to another which a Man by his breath or words cannot do Cokes 1 Rep. 87. Corbet's Case The Statute of 27 Hen. 8. Extirpating and Extinguishing all the Estate of the Feoffees Non possunt agere seu permittere aliquid in prejudice of Cestuy que use Cokes 1 Rep. 132. Chudley's Case An Act of Parliament may make Division of Estates and therefore not like to Cases at Common Law Cokes 1 Rep. 137. Chudleigh's Case An Act of Parliament is the Highest Conveyance and a latter doth take away a former Act Cokes 2 Rep. 46. Parliamentum Testamentum Arbitramentum to be construed according to the intent of the makers Cokes 3 Rep. 27. Butler and Baker's Case Of Statutes which concern the King the Judges ought to take notice Cokes 4 Rep. 13. Lord Cromwell's Case The like of general Acts Cokes 4 Rep. 76. Holland's Case The of Stat 13 18 Eliz. concerning Leases by Deans and Chapters are general Statutes whereof the Court ought to take notice although they be not found by the Jurors Cokes 4 Rep. 120. Davenport's Case Mistaking the
Communibus tenendis The Proceedings of this Court remain in Filacijs in the Office of the Petty Bagg Divers Acts of Parliament give Authority to the Lord Chancellor to determine divers Offences and Causes in the Court of Chancery which is ever intended in this Court proceeding in Latin secundum Legem Consuâ—tudinem Angliae and the Defendant shall not be Sworn to his Answer nor Examined upon Interrogatories but upon Issue joyned it shall be tried in the Kings Bench ut in similibus Casibus solet And thus having spoken somewhat of the Ordinary Jurisdiction of this Court we now come to treat of The Court of Extraordinary Jurisdiction PRoceeding according to the Rule of Equity Secundum Aequum Bonum But before we set forth the Jurisdiction and manner of proceeding therein it may not be thought improper to set forth and describe what this Equity is and that it may the better be understood let us consider what leadeth thereunto which is first Synderesis That is a Natural power of the Soul fixed in the higher part thereof moving to good and abhorring evil and the Divine Wisdom joyneth the beginning of Secondary things to the latter end of the first things as an Angel is Intellectual by Nature and not made rational by Discourse and to this nature Man by Synderesis approacheth and is joyned Secondly Reason For when Man was Created he received from God a double Eye the exteriour of the Flesh whereby he might see the visible things and the Interiour of Reason whereby he might know the invisible to the end that by that of the Flesh he might behold know and avoid his visible Enemies and by that of Reason be enabled to overcome his Spiritual Enemies who war against his Soul And moreover Reason according to the Learned is that power of the Rational Soul which discerneth between good and evil the better by compaâ—â—ng the one with the other which also chooseth virtue and loveth God And Reason is divided into two parts the Superiour and the Inferiour for the superiour part of Reason tendeth only to Divine Eternal things and endeavoureth and reasoneth that this is to be done or not to be done because God hath commanded or prohibited it The inferiour part of Reason is declined or bent to the Government of temporal things and endeavoureth or reasoneth to prove by Humane Laws that this is to be done oâ— not to be done or that it is honest oâ— dishonest or that it is expedient oâ— not expedient for the Common-wealth And in the next place we come to consider and speak of Conscience Which is a word compounded of Cum Scientia and is as much as to say Knowledge of one thing with another and is thus said to consiâ—â— in two things Knowledg by himself and Knowledge with another In the first Conscience importeth a certain natural Act not of knowing only but moving also and also inclineth the Soul to prosecute good and to avoid evil and in this manner it is accompted the same as above in Reason and is also conjoyned to the superiour light of Reason which is called Synderesis Therefore St. Jerom and others call Conscience it self Synderesis and then Conscience it self is always right In the second place Conscience importeth more properly Knowledg with another thing still with some particular Act and thus Conscience properly speaking is no other thing than the applying of a certain Knowledg to some particular Act from whence it may be deduced that from the most perfect knowledg of some Law or Science and the right application of that knowledg to some particular Act followeth the most pure perfect and best Conscience and if there be a defect in knowledg of the truth of that Law or in the application of the same to some Act there followeth thereof an Error or defect of Conscience And as Synderesis delivereth a universal Maxim or Principle in which it cannot Err scilicet That an unlawful thing is not to be done now it may be assumed that an Oath is unlawful it being said Math. 5. Ego autem diâ—â—vobis non jurare omnino But if any wiâ—â— hold from these words that an Oath is lawful in no case he erreth in Conscience because he hath not full knowledg of the truth of the said Gospel nor doth confer that place of Scripture with others in which an Oath is allowed to be lawful And the reason why Conscience may Err in the aforesaid Assumption and the like is because Conscience is formed from the Assumption of some particular Proposition or Question under universaâ— Rules of things to be done and as the light of a Candle is put in a House that they may see what things are iâ— the House so God hath placed Conscience in the middle of the Rational Soul as a Light whereby it may discern what is to be done or not to be done and now let us proceed to describe Equity Which is Justice weighing all circumstances tempered with the sweetness of Mercy which ought to be kept in every Law and this he well understood who said Ipsae eteniâ— Leges cupiunt ut Jure regantur and the Wiseman saith Noli esse justus multuâ—â— otherwise Summa justitia summa injâ—stitia fit But that we may more clearly declare what Equity is It is to be known that because it is impossible to institute any General Rule of Law which will in no case be defective therefore Legislators attend to that which happeneth in many things and not to particular cases nor indeed can they since to observe the Sentence of Law in some Cases is both against the Equality of Justice and Common Good so that in some Cases it is good yea absolutely necessary praetermitting the words of the Law to follow that which reason of Justice requireth And to this end Equity is ordained which is also called Epicaya scilicet to moderate the Rigour of the Law and it taketh not away the very Right but that which seemeth to be Right by general determination of Law And cases may happen in which the Law of God and the Law of Reason would be violated by the observance of them as in the Law of England there is a general Prohibition that it shall not be lawful for any Man to enter into the Ground of another without Authority of the Owner or of the Law yet it is excepted That if Beasts by the High-way escape into another Man's Corn he that driveth them may justifie the Entry to fetch them out and many other such like And thus it appears That Equity rather attends the intention than the words of Law And thus having briefly set forth what Equity is we are next to know that this Court of Extraordinary Jurisdiction grounded thereupon relieveth none but such who are without remedy in other Courts For nunquam decurriter ad extraordinarium sed ubi defecit Ordinarium This Court is Superiour to the other Tribunals that so the rigour of the Law in them
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
dicitur diuturnam cepit dilationem ad grave dampnum ipsius A. Sicut ex querela sua accepimus Vobis praecipimus quod ad judicium inde reddend cum ea celeritate quae secundum Legem consuetudinem regni nostri procedas c. Likewise when Justices or Judges of any Court of Record or not of Record give Judgment and delayed the party of his Execution the party grieved may have a Writ De executione Judicij by which Writ the Justices or Judges are commanded Quod executioonem judicij nuper redditi c. de loquela quae fuit c. per breve nostrum c. sine dilatione Fieri fac ' and thereupon an Alias Plur ' and Attachment c. do lye By the meeting together upon Adjournment of the Cause out of the Court where the Cause dependeth c. all the Judges c. which now we call an Exchequer Chamber Cause Warranted by the Common Law and Ancient Presidents before this Statute and the frequent use of this Court of Exchequer Chamber hath been the Cause that this Court upon the Act of 14 E. 3. hath been rarely put in ure By the King 's Writ comprehending Quod si difficultas aliqua intersit that the Record should be certified into the Parliament and to Adjourn the parties to be there at a certain Day Si obscurum difficile sit Judicium ponantur judicia in respect ' usque magnam curiam An excellent Record whereof you may read in the Parliament holden at Westminster the Tuesday after the Translation of St. Thomas Becket Annâ— 14 E. 3. Secondly By Acts of Parliament Nulli vèndemus nulli negabimus aut differemus justitiam vel rectum That it shall not be commanded neither by the Great Seal nor by the Little Seal nor by Letters nor any other cause to delay Right and albeit such commandment come c. that by them the Justices surcease not to do Right in no manner In divers cases the party grieved shall have an Action for unjust delay Tolle moram semper nocuit differre paratis But seeing neither the Common Law nor any of the Acts of Parliament do extend to Ecclesiastical Courts it is then demanded What if an Inferiour Ordinary will refuse or delay to admit and institute a Clerk presented by the right Patron to a Church within his Diocess or the like or delay or refuse to give Sentence in a Case depending before him It is Answered That the Archbishop of the Province may grant his Letters under his Seal to all and singular Clerks of his Province to admonish the Ordinary within Nine days to perform that which by Justice is desired or otherwise to cite him to appear before him or his Official at a day in those Letters prefixed and to cite the party that hath suffered such delay then and there likewise to appear and further to intimate to the said Ordinary that if he neither perform that which is enjoyned nor appear he himself without further delay will perform the Justice required or in the former of the said Cases the party delayed may have his Quare impedit but that is thought not to be so speedy a remedy Cokes 4 Inst cap. 6. The Kings Bench Court THis Court is so called because antiently the King sat there sometimes in Person upon a high Bench and the Judges upon a low Bench at his Feet to whom the Judicature belongs in the absence of the King And the Pleas here are betwixt the King and Subject As for Treasons Felonies Breach of the Peace Oppression Misgovernment c. And moreover it examineth and corrects all Errors in facto and in jure of all the Judges and Justices of England in their Judgments and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and Mixt except only in the Exchequer And in this Court are Four Judges First The Lord Chief Justice created by Writ thus Mathis Hale Militi Salutem Sciatis quod constituâ—mus vos Justiciarium Nostrum capitalem ad Placita coram nobis tenenda durantâ— bene placito Nostro Teste me ipso apâ—l Westminst Three other Judges hold their Places by Letters Patents in these word Rea Omnibus ad quos Praesentes Litterae peâ—â—nerint Salutem Sciatis quod Constituâ—mus Dilectum Fidelem R.R. Militem unâ—â— Justiciariorum ad placita coram nobis â—â—nenda durante bene placito nostro Testâ— c. These Judges and all the Officers of this Court have Salaries from the King and the Chief of them Liveries out of the great Wardrobe In this Court all young Lawyers who have been called to the Bar are allowed to Plead and Practise This Court may grant Prohibition to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction thereof is General and extendeth to all England is more uncontrolable than any other Court because the Law presumes the King always is present there in Person None may be Judge here but a Serâ—eant who upon taking his Degree is obliged to wear a Lawn Coif under â—his Cap for ever after The King hath wholly left matters of Judicature according to his Laws to his Judges and albeit the Delinquent shall be Fined at the Will of the King Non Dominus Rex Camera sua nec aliter nisi per Justiciarios suos Finem imponit Errors in the Kings Bench cannot be reversed except in certain particular cases by Stat. 27 Eliz. c. 8. wherein the â—urisdiction of the Court is saved but in the High Court of Parliament A Record brought into this Court cannot as it were being in its Center be remanded back unless by Act of Parliament But Indictments of Feâ—onies and Murders may be remanded â—nd sent by the Justices of that Court â—nto the several Counties The Justices of the Kings Bench may grant a Nisi prius in case of Treason Felony and other Pleas but if they perceive an Indictment to be removed into that Court by practise or for delay they may send it back again for Justice to be done In this Court the Sentence is giveâ— by the Chief Justice the others all 〈◊〉 the most part assenting If they cannot agree it is referred to a Demurrer iâ— the Exchequer Chamber before all the Judges of both Benches and Chieâ— Baron of the Exchequer And now 〈◊〉 us speak somewhat of The Officers THe Prothonotary recordeth all Judâ—ments Orders and Rules of Courâ—â— and all Verdicts given being not 〈◊〉 Crown matters The Secondary is his Deputy for 〈◊〉 said Cause who keeps and makâ— up these Records in Books and alwayâ— attends the Court. The Clerk of the Crown Frames 〈◊〉 Indictments of Felony Treason Mâ—ther c. all manner of Appeals aâ—â— is after to Record them and enter 〈◊〉 Verdict and to make and keep thâ— Records of these matters And hath 〈◊〉 Deputy The Clerk of the Exigents Frames 〈◊〉 Process of Exigi facias and Recoâ—â— the Oulawry The Clerk
in pleno comitatu per Sacramentum proborum legalium hominum de c. inquiras inde appellatur Breve inquisitionis utrum A. captus detentus in Prisona c. pro morte W. unde rettatus i. e. accusatus existit sit odio atia c. nisi indictatus vel appellatus fucrit coram Justitiariis nostris ultimo itincrantibus in partibus illis pro hoc captus Imprisonatus For by the Common Law in omnibus autem placitis de felonia solet accusatus per plegios dimitti praeterquam de placito de homicidio ubi ad terrorem aliter statutum est But this Writ was taken away by a late Statute viz. in 28 E. 3. because as some pretended it became unnecessary for that Justices of Assize Justices of Oyer and Terminer and Justices of Gaol-delivery came at the least into every County twice every year but within Twelve years after this Statute it was Enacted That all Statutes made against Magna Charta should be void whereby the Writs of Odio and Atia and De ponendo in Ballium are revived and so in like cases upon all the Branches of Magna Charta And therefore the Justices of Assize Justices of Oyer and Terminer and of Gaol-delivery have not suffered the prisoner to be long detained but at their next coming have given the prisoner full and speedy Justice by due Tryal without detaining him long in prison Coke's 2 Inst 42 43. A person examined may require a Copy of his Examination take time to answer and put his answer in writing and keep a Copy of it Coke's 2 Inst 51. All causes ought to be heard and determined before the Judges openly in the Kings Courts the King having distributed his Judicial power to several Courts of Justice Coke's 2 Institutes 103. If a prisoner be mute by act of God The Judges who are to be of Council with the prisoner ex officio ought to enquire if he be the same person and of all other pleas which he might have pleaded But if it be by his own Act he is to be forthwith put to his pennance Coke's 2 Inst 178. If the Prisoner Demur and it be Over-ruled he shall be hanged but not have pain fort dure ibidem Justices may punish any act done in deceit of the Court 2 Inst 215. Judicis officium est Opus diei in die ipso perficere according to the Statute of W. 1. cap. 47. and not defer it or prefer others upon any request or importunity Coke's 2 Inst 256. Sapientis Judicis est cogitare tantum sibi esse permissum quantum commissum creditum Coke 's 4 Inst 163. By Stat. 4 Jac. 1. cap. 1. It is provided that whereas in regard of some difference and inequality of the Laws Tryals and Proceedings in case of Life between the Justice of the Realm of England and that of the Realm of Scotland It appeareth to be most convenient for the contentment and satisfaction of all his Majesties Subjects to proceed with all possible severity against such Offenders in their own Country according to the Laws of the same whereunto they are Born and Inheritable and by and before the Natural Born Subjects of the same Realm if they be there apprehended And by the next Clause is provided that Felonies committed by English Men in Scotland shall be inquired of heard and determined before Justices of Assize or Commissioners of Oyer and Terminer and Gaol-delivery being Natural born Subjects within the Realm of England and no other And the like in another Clause with an addition of Justices of the Peace to be Natural born Subjects within England Coke's 3 Inst 226. Justices of the Kings-Bench Oyer and Terminer Gaol-delivery and of the Peace may enquire of hear and determine all Murders and Felonies within the Verge because their Jurisdiction and Authority are generally through the whole County Coke's 4 Rep. 46 47. Case of Appeals The Justices of Assizâ— have one Commission of Oyer and Terminer directed to them and divers other Inhabitants of the Shires whereunto their Circuits extend whereof each of the Justices of Assize are of the Quorum for offences hapning in their Circuits which without this Commission they cannot do Terms del Ley Cok's 4 Inst En le Table The Statute of 2 Ed. 3. requireth that no Commission of Oyer and Terminer be granted but before Justices of one Bench or the other or Justices Itinerant and that for horrible Trespasses Where the Commission of Oyer and Terminer lies in case of Extortions by Under-sheriffs Escheators Clerks of Markets Hunters in Parks taking of Goods not Wreck'd in vacancy of Bishopricks for Hunting in Parks for Robbing Piscaries and in many other cases the Forms of Writs and Associations and si non omnes to them Vide F. N. B. 243 to 251. If the Trespass be not Enormis seu horribilis a Writ of Supersedeas lieth or Revâ— ation Coke's 2 Inst 419. Upon an Indictment found by the Commissioners before the Term a Special Commission of Oyer and Terminer may be granted for them to proceed altho' the Court of Kings Bench be sitting in the same County But it is best for the Commission to bear Teste after the beginning of the Term But General Commissions of Oyer and Terminer are suspended during the term or time the Kings Bench sits in the same County or if the Kings Bench be adjourned the General Commission may proceed Coke's 3 Inst 27. Coke's 4 Inst 163. The Kings Bench is more than Eyre Therefore in Term time no Commissions of Oyer and Terminer or Gaol-Delivery by the Common Law may sit in the County where the Kings Bench sitteth for praesentia majoris cessat potestas minoris and therewith agreeth 27 Ass p. 1. But Carlisle and Erwing were Indicted and Arrained in London where the Murder was Committed before Justices of Oyer and Terminer in the Term time because in another County than where the Kings Bench sit Coke's 9 Rep. 118. Lord Sanchar's Case For Tryal of Treasons Committed out of the Realm c. by Commissions appointed by the King c. See the Statute of 26 Hen. 8. 33 Hen. 8. 35 Hen. 8. 5 and 6. of Ed. 6 c. If a Commission of Oyer and Terminer be discontinued or expired c. the Indictments and Records shall be removed into the Kings Bench as to their proper Center Coke's 2 Institutes 419. The Courts of Special Justices of Oyer and Terminer THese Courts are Four in number Raised by several Acts of Parliament Two of which viz. That concerning Purveyors and that concerning Misdemeanors of Villains being obsolete We shall only give a Brief account of the Style and Nature of the other Two referring their Jurisdiction and Proceedings therein to the Acts of Parliament themselves And first of that concerning Money collected for Houses of Correction or for the Poor THis Court is Raised by the Statute of 39 Eliz. cap. 4. wherein is to be observed
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
the Exemplary Punishments Coke's 2 Inst 200 201. To Steal a Tame Deer not known is no Felony Coke's 2 Inst 20. The Office and Duty of Foresters how to be executed by Deputy for a Woman of what a Forest doth consist Co. 4 Inst 289. What pastes by Grant of a Forest See Coke's 4 Inst 289 314. Forests called Walds and Buckholts The several Courts of the Forest Forests Laws The Beasts and Seasons of the Beasts of the Forests Deafforestations Drifts of the Forests Purlieus Trespasses c. Vide Coke's 4 Inst Parks called by the Saxons Deorfald of Herbage and Pawnage in Parks The King cannot make a Forest or Park in other Mens Grounds Parks are not to be guided by Forest Laws Coke's 4 Inst Where the Owners may cut down Woods in Free Chases and where they must have Common And divers matters concerning Forests Chases and Warens See Coke's 4 Inst By the Statute of 22 E. 4. The Owner of Woods in Forest c. ought first to cut the Woods and then to inclose By the Statute of 35 Hen. 8. They ought first to Inclose and then within four Months cut the Wood And the Stature Westminster De Malefactoribus in Parcis Charta de Foresta and other Acts concerning Forests c. are General Laws concerning all Persons whereof the Court Ex Officio ought to take notice Coke's 8 Rep 137 138. Sir Francis Barrington's Case If Fair Market Hundred Leet Park Warren and the like are appendant to Mannors or in Gross and afterwards they come back to the King they remain as they were before in Esse not Drowned in the Crown Coke's 9 Rep. 25. Abbot of Strata Marcella If License be given to a Duke to Hâ—nt in a Park The Law for conveniency giveth him such attendance as is requisite to the Dignity of his Estate And what shall be causes of Forfeiture of a Parkership By cutting more than necessary for Browse or Misusing Nonusing or Refusing his Office c. Vide Coke's 9 Rep. 49 50. Earl of Shrewbury's Case None can make a Park Chase or Warren in his own Land without the Kings License and if he do in a Quo Warranto they shall be seised into the Kings hands But a Man for his Pleasure may Hawk Hunt c. in his own Land without any License The King granted to another all the Wild Swans between London-Bridge and Oxford Coke's 11 Rep. 86 87. the Case of Monopolies More concerning Forests Game c. and the Discovery and Punishment of Offenders therein you may Read in the Statutes concerning Forests Deer-Stealers Hunters and Game c. at large The Court of Justices in Eyre THey are Originally Instituted for the good Rule of the Subject and for the Ease of the Countries and that such as had Franchises might claim them They were called Insticiarij in Itinere or Itinerantes in respect of other Justices that were Residentes In the Black Book in the Exchequer they are called Insticiarij Deambulantes Perlustrantes Their Authority was by the Kings Writ in nature a Commission And the Stile of their Court was Placita de Juratis Assisis Coron ' Itinere Johannis de Vallibus Sociorum Justic ' Itiner ' apud Ockham in Com' Rutland ' in Crastino Epiphan ' Dom ' Anno Regni Regis Edw. 14. They had Jurisdiction of all Pleas of the Crown and all Actions Real Personal and Mixt they Rode and held their Courts from Seven years to Seven years and first they began with Pleas of the Crown But now by the Statute of 27 Hen. 8. cap. 24. All Justices in Eyre must be by Letters Patents under the Great Seal In what County soever they came All other Courts during the Eyre ceased and all Pleas in that County or arising there before any other The Justices in Eyre might proceed upon as the other might have done See the first part of the Institutes of their Antiquity and Jurisdiction and the Causes wherefore they vanished away And what Franchises and Liberties ought to be claimed before them See the Case of the Abbot of Strata Marcella Coke's Rep. Lib. 9. Eyre Justices or Itinerant as we call them were Justices that used to Ride from place to place throughout the Realm to Administer Justice And they had anciently Authority to Grant Land seized for Alienation without License as Justices of the Forest who in Effect as to this purpose are Justices in Eyre may do at this day of Land Inclosed without the Kings License Terms del Ley. Justiciarij Itinerantes were so called in respect that the Justices residing at Westminster were Justiciarij Residentes Eyre being Quasi Iter And these Justices were much like in this Respect to the Justices of Assize at this day altho ' for Authority and manner of proceeding far different and as the Justices of Assize by many Acts of Parliament and other Commissions increased in power so the Justices Itinerant vanished away Coke's 1 Institutes 293. a. The Court of Justices of Trailebaston FRom the Proceeding being as quick as one might trail or draw a Staff and having some Powers like that of Oyer and Terminer being also vanished we shall not further mention but refer to Coke's 4 Inst cap. 34. Three new things which have fair pretences are commonly hurtful to the Common-wealth First New Courts Secondly New Offices either in Courts of Justice or out of them which cannot be done but by Parliament Thirdly New Corporations Trading into Foreign parts and at home which in the end produce Monopolies Vide Stat. Art super Chartas cap. 1. where was the first ground of raising the Justices of Trebaston or Trailbaston who had such Authority as Justices in Eyre But albeit they had their Authority by Parliament yet Error upon their proceeding did lie in the Kings Bench Which being known and their Authority fettered with many Limitations they by little and little vanished Coke's 2 Inst. 540. The Court of Wards and Liveries THis Court was raised by Authority of Parliament 32 Hen. 8. cap. 46. concerning the Authority and Jurisdiction whereof you may see the Statute and Coke's 4 Inst. cap. 35. To which I refer it being now taken away by the Statute of 12 Car. 2. cap. 24. The Revenue of Excise being setled in the Crown instead thereof The Court of Ancient Demesne THis is in nature of a Court Baron wherein the Suitors are Judges and is no Court of Record For Brevia Clausa Recordum non habent All those that hold of these Manors in Soccage are called Tenants in Ancient Demesne and they Ploughed the Kings Demesnes of his Manors and Plowed Sowed Manured and Managed all like necessaries to the Kings Husbandry And that they might apply themselves more freely to their Labours They had Six Priviledges 1st Not to be impleaded for their Lands out of the Mannors But by the Little Writ of Right-close directed to the Bailiffs of the Kings Manors or to the Lord of the Manors if in the
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call North-VVales the Latins Venedotia he gave to Mervyn or as some say to Anarawd Powisland in Latin Powisia which some call VVest-VVales he gave to Anarawd or as some say to Cadelh and Deheobarth which the English call South-VVales and the Latins Demetia he gave to Cadelh or as some say to Mervyn The First was the best because the Quietest the Second often Invaded by the English and into the Third Incursions were often made by the English Norman and Fleming The Division of this Kingdom brought in time such Division amongst these Princes that it was never quiet till it came under one Monarch and King again For the Royal Dignity of a Monarch or King from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived without any Diminution will suffer no Division Regia dignitas est Indivisibilis quaelibet alia derivativa Dignitas est similiter indivisibilis King Edward the Third
Children Scourers Turnbroachers c. In all Sixty eight These Officers according to their Degrees are named Lords Knights Esquires Serjeants Gentlemen Clerks Yeomen Grooms Pages or Children and these Succeed each other as they Outlive those next Degree above them As likewise from the Pastry to the Acatery as the Clerk of one Office dies the next succeeds And as the Clerk of the Avenary Spicery or Kitchin dies The Clerk of the Acatery succeeds and from thence to be one of the Clerks Comptrollers Then Clerk of the Compting House Then Master of the Houshold Lastly Cofferor of the Houshold Higher than which he cannot rise by Succession Although the King pays but the ancient Fees which at first were above Ten times the value Yet the perquisites in many Offices make sometimes a place of 10 l. worth near 500 l. per Annum The Knight Marshal CAlled Mareschallus Hospitij Regis hath Jurisdicton and Cognizance of all Crimes within the Royal Palace where one of the Parties is the Kings Servant He is one of the Judges of the Court called The Marshalsea or Marshals Seat of Judicature which is held in Southwark and hath a Prison belonging to the same Upon Solemn Occasions he Rides before the King with a Short Baston Tipt at both Ends with Gold and hath Six Provost Marshals Or Virgers in Scarlet Coats to wait on him and to take care of the Royal Palace That no Beggars Vagabonds Common Whores Malefactors c. come within or near And now we are led to speak of the Marshals Court before mentioned And called The Court of the Marshelsea THis is an ancient Court of Record Ordained to determine Suits between those of the King's House and others within the Verge The Judges are the Steward and Marshal of the King's House who have Cognizance of all manner of Pleas of Trespass within the Verge so as either party be of the same House and of all other Actions personal wherein both Parties are the King Servants and this is the proper Jurisdiction of the Marshal's Court. And a Man shall have Amercement in an Action brought against him in the Court of the Steward and Marshal when he is not of the Kings House when the Trespass or Contract was made or when the Plaintiff was not of the Kings House at that time F. N. B. 141. Error in this Court for that neither of the parties was of the Kings House at the time of Suit brought or for that it is not shewn that the Plaintiff nor Defendant were of the Kings House at that time or afterward and every other Cause of Errour there shall be amended in the King's Bench 5 10 E. 3. c. 3. And having taken some short remarks upon the Marshalsey we come next to The Court of the Palace CUria Palatij was Erected by King Charles the First By his Letters Patents dated the 2d of July Anno Regni sui sexto And made a Court of Record called the Court of the Kings Palace at Westminster For the Tryal of all Personal Actions between Party and Party The Liberty whereof extends 12 Miles round Whitehal which Jurisdiction was confirmed by King Charles the Second The Judges of this Gourt are the Stewards of the Kings House and Knight Marshal for the time being and the Steward of the Court or his Deputy being always a Lawyer This Court is kept every Fryday in th Court House on St. Margarets-Hill in Southwark and may be held in any place within the Jurisdiction The Proceeding is by Capias or Attachment which is to be served upon the Defendant by one of the Knights Marshals Men who taketh Bond with such Sureties for the Defendants Appearance at the next Court as he will be answerable for The Process may may be had at several places within the Liberty of the Court appointed by the Steward which every Marshals Man can help you to The Defendant upon Appearance must put in Bail to Answer the Condemanation of the Court which if he neglect to do the Plaintiff may have the Bond for appearance assigned over to his use The next Court after Ball put in The Plaintiff ought to Declare and set forth the cause of his Action and so afterwards proceed to Issue and Trial by Jury according to the course of the Common Law and that in Four or Five Court days They hold Pleas of all manner of Personal Actions as Debt Trespass Battery Slander Trover and all Actions of the Case c. But usually if the Cause be considerable as above Five pound they carry the Cause away by an Habeas Corpus cum causa into the King's Bench or Common-Pleas The Fees of the Palace Court or Marshalsea as granted by the Letters Patent You may see at large in the Compleat Sollicitor The Court of the Lord Steward Treasurer and Comptroller of the Kings Houshold concerning Felony c. THey or any of them have Authority to Inquire by 12 Sad Men and Discreet Persons of the Cheque Roll If any Servant in the Cheque under the State of a Lord make any Confederacies Compassings Conspiracies or Imaginations with any Person or Persons to Destroy or Murder the King Or any Lord of this Realm Or any Person Sworn to the King's Councel Or the Steward Treasurer or Comptroller of his Houshold And if it be found then to be put to Tryal by 12 other Sad Men of the Houshold and no Challenge to be allowed but for Malice And if they are found guilty then to be adjudged Felony Vide le Statute 3 Hen. 7. cap. 14. The Court of the Lord Steward of the King's House Or in his Absence of the Treasurer and Comptroller and Steward of the Marshelsea THey or Two of them whereof the Steward of the Marshelsea to be One by vertue of their Offices without any Commission Have Authority by the Act of 33 Hen. 8. cap. 12. The said Steward of the Marshalsea being from time to time appointed by the Lord Great Master or Lord Steward for the time being And whether the King be removed from his Palace House or Houses or not removed before such Offence Inquired of Tryed Heard and determined the said Officers shall have a power to Inquire by Verdict of the King's Houshold-Servants within the Cheque Roll of all Persons slain within the King's House or where he shall abide before the Coroner of the King's Houshold And all Officers named in the Act upon Precept to them have Power to Summon 24 Persons Yeomen of the Houshold to Enquire of Treasons Misprisions of Treasons Murders Manslaughters or other Malicious Strikings where Blood is or shall be shed against the King's Peace Upon the Presentment Inquisition or Indictment found and certified by the Coroner The Judges or Two of them whereof the Steward of the Marshalsea to be one shall make another Precept to the Clerks and other Officers of the Houshold who have thereby power to warn another Jury of 24 Gentlemen of the King's Chamber and other
Corporals 150 l. each The King hath many other Inferiour Officers which over-passing we come now to The Government of the Queen's Court IS suitable to the Consort of so Great a King Splendid and Magnificent And hath all Officers and a Houshold apart from the King For Maintenance whereof there is usually setled 40000 l. per Annum and is as followeth The Ecclesiastical Government of the Queens Court. THe Lord or Grand Almoner He hath Superintendency over all the Ecclesiasticks belonging to the Queen One Confessor to the Queen and Four Almoners One Treasurer of the Chappel Two Preachers Four Clerks of the Chappel and Four Boys Sixteen Chaplains Divers belonging to the Musick and Two Vergers or Porters The Civil Government of the Queen's Court. THere is a Counsel consisting of Persons of Great Worth and Dignity A Steward of the Revenue A Keeper of Her Majesties Great Seal A Chamberlain Master of the Horse A Vice-Chamberlain A Principal Secretary and Master of Requeste A Treasurer and Receiver General Attorney General Solicitor General A Surveyor General Six Gentlemen Ushers of the Privy Chamber Two Cup-bearers Two Carvers Two Sewers Five Gentlemen Ushers daily Waiters Ten Grooms ef the Privy Chamber Seven Gentlemen Ushers Quarter Waiters Six Pages attending at the Back-Stairs Four Pages of the Presence Officers of the Robes A Surveyor Proveditor Clerk Yeoman Groom Page Tayler and Brusher Twelve Grooms of the Great Chamber One Porter of the Back Stairs A Master of the Queens Barge and Twenty Four Watermen The Grooms of the Stole Lady of the Robes and of the Privy Purse Seven Ladies of the Bed-chamber One Keeper of the Sweet Coffers Six Maids of Honour and A Governess or Mother of the Maids Six Chamberers or Dressers A Laundress A Sempstress A Starcher A Necessary Woman These are all paid by Her Majesty out of her own Revenue There are besides Divers other Officers Below Stairs belonging to the Queens Table and Stable paid by the King for which is allowed 20000 l. more The Prince of Wales and other the King's Children have likewise their Courts or Housholds apart But these being not certain no certain Allowance or Settlement is of them but are rather at pleasure And therefore I shall not particularize them but refer to Chamberlain's Present State of England The Government of Cities ALthough every City is within some of the Counties herein before mentioned yet each of them are like a little Common-wealth Governed by Laws and Customs Ecclesiastical Civil and Military within themselves And this by Charter or Priviledges granted and cofirmed to them by several Kings of this Realm And there is for The Ecclesiastical Government of Cities A Bishop every City being or having been a Bishops See and hath a Cathedral to which belong a Dean A Chapter A Treasurer and Prebendaries who have Lands and Revenues belonging to them for their Maintenance and though the Bishoprick be dissolved the City remains as Westminster and Cambridge which was antiently reputed a City And for The Ecclesiastical Government of Parishes there is a Rector or Vicar for every Parish who is to have the Cure of the Souls of his Parishioners every one of which hath a Parsonage or Vicaridge-House and a Competent allowance of Tithes for their Maintenance And there is for The Civil Government of Cities A Mayor who is the King's Lieuetenant chosen by the Citizens and approved by the King and is for one year as a Judge to determine all Matters within his Jurisdiction and to Mitigate the Rigour of the Law And next in Government of Cities are the Two Sheriffs who are Judges in Civil Causes within the City and to see all Execution done whether Penal or Capital To Execute the Kings Mandates within the City c. And might rather be called State Reeves or Port-Reeves i. e. Urbis vel Portus Praefecti The Mayor Sheriffs and Aldermen of every City may make Laws called By-Laws for the Government of the City provided they are not Repugnant to the Laws of the Kingdom And these have several Courts which have Jurisdiction in all Civil and Criminal Causes only with Restraint that all Civil Causes may be removed from their Courts to the Higher Courts at Westminster But of all these we shall speak more at large when we come to treat of the City of London and other Cities in particular which may serve for an Example or Pattern of all the rest And therefore we shall begin with The City of London LOndon so called as some conjecture from the British word Longdin signifying in the Saxon Tongue Shipton or Town of Ships But others derive it otherwise And therefore not to insist thereon Nam utere tuo Judicio nihil impedio It was Built as some Write 1108 years before the Incarnation of our Saviour In the time of Samuel the Prophet Is in length about 7 Miles and half and about 2 Miles and half in breadth Hath above 500 Streets and Alleys and 15000 Houses within the Walls which may not be accompted above a Sixth part of the whole City The Cathedral Church of St. Paul was Built or begun by Ethelbert King of Kent about Anno Christi 610 and is the only Cathedral of that Name in Europe Besides this there are 130 Parish Churches besides Chappels which is double the number to be found in any other City in Christendom The Ecclesiastical Government OF London is as before mentioned of Cities in General By a Bishop and was in the time of the Britains by an Archbishop but by the Saxons the Archiepiscopal See was removed to Canterbury for the sake of St. Austin who first Preached the Gospel there to the Heathen Saxons and was there buried since which there have been 100 Bishops to the present Bishop there To this Cathedral belongs a Dean a Chapter and 30 Prebendaries maintained in like manner before mentioned in the General Government of Cities The Ecclesiastical Government of Parishes is as before mentioned by a Parson Rector or Vicar To have cure of Souls in every Parish who have a Parsonage or Vicaridge-House and a competent Allowance in Tithes which was anciently besides the Tithes of Tradesmen's gains and mortuaries c. 3 s. 5 d. in the pound Rent which they paid by a Half every Sunday and Holiday Afterwards by 25 Hen. 8. It was ordained and afterwards confirmed by 27 Hen. 8. and 37 Hen. 8. That 2 s. 9 d. in the pound should be paid for the Rent of all Houses Shops c. to the Parson with power to the Lord Major to Imprison any Person should refuse to pay the same The Civil Government OF London is by a chief Magistrate anciently called The Prefect of London In the Saxons time Portegreeve by the Norman's Bailiff or Bailiffs till King Rich. the First Anno 1189 changed the name of Bailiff to Mayor which is now The Lord Mayor and is a Citizen yearly chosen by the Citizens and approved by the King unless sometimes for Disloyalty their
the Archbishop of Canterbury and his Fiat obtained are admitted by the Judge of the Court on condition not to Practise one whole year after his Admittance which is in this manner Two Senior Advocates in their Scarlet Robes with the Mace before them conduct him up to the Court with Three low Reverences and Present him with a short Latin Speech and the Rescript of the Archbishop Then the Oaths of Allegiance and Supremacy and some other prescribed by The Statute of the Arches being taken he is Admitted by the Judge and a Place or Seat in the Court assign'd him either à Dextris or Sinistris which he is always to keep when he pleads The Judges and all the Advocates in these Courts when they plead always wear their Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Miniver Furr if they be of Cambridge and all Black Round Velvet Caps and the Proctors wear or ought to wear Hoods lined with Lambskin if not Graduats But if Graduats Hoods according to the Degree There are divers other Civilians whereof some not Advocates are Chancellors to Bishops or Commissaries The Vicars Generals and Chancellors are appointed by the respective Archbishops and Bishops by Letters Patent under their Seals and Confirmed by the Dean and Chapter of the respective Cathedrals The Proctors are persons that Exhibit their Proxies for their Clyents and make themselves parties for them and draw and give in Pleas or Libels and Allegations in the behalf of their Clyents produce Witnesses prepare Causes for Sentence and attend the Advocates with their Proceedings And their Admittance is also by the Fiat of the Archbishop Introduced by the Two Senior Proctors and are allowed to Practise immediately after their Admission They wear Long Black Robes and Hoods lined with White Furr Taking the Oaths now Enjoyned by Act of Parliament All Process in the Court of Arches runs in the Name of the Judge thus Robertus Wiseman Miles LL. Dr. Almae Curiae Cant ' de Arcubus London ' Officialis Principalis and Returnable in the Comman-Hall at Doctors Commons The Title of the Judge of the Admiralty is Supremae Curiae Admiralitatis Angliae Locum tenens Judex sive Praesidens The Writs and Decrees run in the Name of The Lord High Admiral and the Court held also in the Common Hall at Doctors Commons The Title of the Judge of the Praerogative Court is Curiae Praerogativae Cant ' Magister Custos sive Commissarius And all Citations and Decrees run in the Name of the Archbishop The Judge is attended by the Register who sets down the Decrees and Acts of the Court and keeps the Records of all Original Wills and Testaments of parties Dying having Bona Notabilia in the place called the Praerogative Office where for a moderate Fee any one may Search for and have a Copy of any Testament or Administration since the Rebellion of Wat Tyler and Jack Straw Upon Appeals to the Court of Delegates the Judges are appointed by the Lord Chancellor under the Great Seal Pro illa vice which Court is also kept in the same Common-Hall the day after the Praerogative in the Afternoon The Citations and Decrees there run in the King's Name And from thence of course lies no Appeal but the King of his meer Praerogative Royal doth many times grant A Commission of Review The Colledge of Physicians in London BY Charters and Acts of Parliament of Henry the Eighth and since have certain Priviledges Whereby no Man though a Graduate in Physick in Oxford or Cambridge may without License under the said Colledge Seal Practise Physick in London or within seven Miles thereof nor in any other part of England in case he hath not taken any Degree in Oxford or Cambridge whereby they have power to punish Offenders make By-Laws purchase Lands search Apothecaries Shops in and about London are freed from Offices and bearing Arms may practise Physick or Chyrurgery not only in London but in any other part of England This Society had anciently a Colledge in Knight-Rider-Street the Gift oâ— Dr. Linacre Doctor to King Henry the Eighth afterwards had their Colledge in Amen Street Endowed by Dr. Heâ—vey with his whole Inheritance which being consumed in the late Dreadful Fire The Fellows having purchased Ground have now Raised a Magnificent Structure in Warwick Lane And of this Colledge is A President Four Censors and Eight Elects who are all Principal Members of the Society one of which is chosen yearly to Preside The Four Censors have by their Charter Power to Survey Correct and Govern all Physicians or others that shall practise Physick in London or within seven Miles of the same and to punish Offenders as they shall see cause For all which see the Statutes mentioned in Coke's 4 Inst. fo 251. In Rot. Pat. 32 H. 6. M. 17. it 's Recorded That the King with Assent of his Council assigned certain Physicians and a Chyrurgeon to Administer in and about his person Potions and other parts of Physick and to moderate his Dyet To which they were every one commanded to be Attendant Whereby it appears No Physick ought to be given to the King without Warrant and that by Advice of his Privy Council and no other Physick than what is set down in Writing and that â—hey may use the Aid of Chyrurgeons Named in the Warrant but no Apoâ—hecary they being to prepare all things â—hemselves The Science of Physick by the Statute of 32 H. 8. is Declared to contain the Knowledge of Chyrurgery If one of the Mystery of a Physician take a Man in Cure and give him such Physick that he dye within three days thereof without any Felonious intentâ— and against his Will it is no Homicide But Britton saith If One not of the Mystery of a Physician or Chyrurgeon take upon him the Cure of a Man and he dieth of the Potion or Medicine this is Covert Felony Gresham Colledge in London BUilt by Sir Thomas Gresham and Endowed by him with the Revenue of the Royal Exchange by him Built before which he gave one Moiety to the Mayor and Commonalty of London upon Trust That the Major and Aldermen should find Four able persons to Read Divinity Geometry Astronomy and Musick there and to Allow each of them Fair Lodgings and 50 l. a year and the other Moiety to the Company of Mercers upon Trust to find Three able Persons to Read Civil Law Physick and Rhetorick and to have Lodgings and the like Allowance These several Lecturers are to Read in Term time every Day except Sundays In the Forenoon in Latin and in the Afternoon the same in English The Musick Lecture only in English There is also a Mechanick Sort of Lecture for Natural Philosophy Instituted by Sir John Cutler with a Salary of 50 l. per Annum to be Read at the time â—nd place where the Royal Society shall meet Syon-Colledge in London THis was Founded by Thomas White Doctor in Divinity for
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.
Archiepiscoporum meorum hanc meam munificentiam signo meo corroboravi ✚ Ego Alfrye Regina consensi Signo Crueis confirmavi Ego Dunstan Archiepiscopus Dorobor ' Ecclesiae Christi consensi subscripsi ✚ Ege Osticel Archiepiscopus Eboracenses Ecclesiae consensi subscripsi Ego Alferic Dux Ego Buthnod Dux Ego Arigdary Dux And what Ecclesiastical Jurisdiction the Archbishop of Canterbury had in Ireland in ancient time before it was Subject to the Crown of England you may read in Cambden's Britannia p. 735 765. as namely in the Consecration and Confirmation of their Bishops by reason of his Primacy in Ireland Co. 4 Inst 360. King Henry the Second at a Parliament holden at Oxford Created his Son King John King of Ireland But succeeding Kings wrote themselves Domini Hiberniae till 33 Hen. 8 in which year he took upon himself the Style of King of Ireland being so Declared at a Parliament in Dublin Coke's 4 Inst 360. Certain it is that whilst the Liberal Sciences in Europe lay Buried in Darkness their Lustre did shine forth clearly in Ireland Thither did our English Saxons repair as to a Mart of good Literature whence of the Holy Men of those times we often read Amandatus est ad Disciplinam in Hiberniam Co. 4 Inst 360. In the Book of Magna Charta is an Ordinance for Ireland concerning divers Matters Entituled Ordinatio pro statu Terrae Hâ—berniae By the Statute of 17 Ed. 1 cap. 1. The King's Officers in Ireland shall purchase no Land there without the King's License King's Officers in Ireland shall make no Purveyance there but by Writ out of Chancery there or in England and that in time of Necessity only and by the Advice of the Council there All kind of Merchandizes may be Exported out of Ireland except to the King's Enemies and if any Officer restrain them he shall satisfie double Damages to the party grieved and be also punished by the King The Fees for every Bill of Grace in Ireland under the Seal of the Justice there shall be Four pence for the Bill and Two pence for the Writing thereof The Marshals Fee for a Prisoner when he shall be Delivered is Four pence No Pardon of the Death of a Man or other Felony or for flying for the same shall be granted by the Justices there but only at the King's Command and under his Seals No Officers there shall receive any Original Writ which is not Sealed by the Seal of Ireland or by the Exchequer Seal there of things concerning that Court. The Justices of Ireland shall not Delay or Adjourn Assize of Novel disseisin there save only in the County where he is and while he shall remain there By the Statute of 34 Ed. 3.17 all kind of Merchandize may be Exported and Imported out of and into Ireland as well by Aliens as Denizens Persons who have Lands and Possessions in Ireland may freely Import and Export their Commodities thither and from thence without Impeachment By the Statute of 1 Hen. 6.3 all Irish Men shall avoid the Kingdom except Graduates Beneficed Men Lawyers having Inheritance in England and English Parents Religious Persons Professed Merchants Burgesses and other Inhabitants of good Fame and Persons Married in England and all they shall find Surety for their Good Behaviour No Irish Man shall Inhabit here in the Universities or elsewhere without a Testimonial under the Seal of the Lieutenant or Justices of Ireland Testifying that he is of the King's Obeysance to be Delivered to the Chancellor here in pain to be punished as a Rebel No Irishman shall be Head or Governour of any Hall or House By the Statute of 2 Hen. 6.8 Irishmen coming to live in England shall give Surety for their Good Behaviour viz. in the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other Liberties to the Head Officers respectively By the Statute of 16 17 Car. 1.30 an Act for a speedy Contribution and Loan towards the Relief of the King 's Distressed Subjects of the Kingdom of Ireland See the Statutes at large An Act for the Speedy and Effectual reducing of the Rebels in Ireland to their due Obedience to the King and the Crown of England and certain other Additional Acts were made for the same purpose and for the Sale of Forfeited Lands there By the Statute of 32 Car. 2. cap. 2. The Act made 18 Car. 2. Entituled An Act against Importing Cattle from Ireland and other parts beyond the Seas and Fish taken by Foreigners is revived and Power given not only to Constables and Officers but to every Person whatsoever in any place whatsoever to take and seize the Cattle and Goods Imported contrary to the said Act And that such Seizer shall have the Benefit given by this Act. The other Acts concerning Ireland made in England and the divers Acts made in Ireland you may see in the Books of the Statutes of either Kingdom at large The Rule Quando duo jura concurrunt in una persona aequum est acsi in diversis holdeth not in Personal things that is when two Persons are necessarily and inevitably required by Law For no man can now say That the King of England can make War or League with the King of Scotland or King of Ireland c. there being but One Head of both and as Liegance of the Subjects of both Kingdoms is due to their Sovereign by one Law and that is the Law of Nature So there is a Union of Protection of both Kingdoms equally belonging to either of them altho' in other respects they are distinct Kingdoms For and Earl or Baron of Ireland is not a Peer or of the Nobility of this Realm as appeareth by the Book 8 R. 2. where in an Action of Debt Process of Outlawry was awarded against the Earl of Ormond in Ireland which ought not to have been if he had been Noble here But there is a diversity worthy of Observation for the highest and lowest Dignities are Universal For if a King of a Foreign Nation come into England by leave of the King as it ought to be in this case he shall Sue and be Sued by the Name of a King And a Knight shall be so named wheresoever he received that Dignity Co. 7 Rep. Calvin's Case If a King come to a Christian Kingdom by Conquest he having Vitae Necis potestatem may alter the Laws of that Kingdom at his pleasure but until such alteration the Ancient Laws of that Kingdom remain But if a a Christian King Conquer the Kingdom of an Infidel there ipso facto the Laws are abrogated and in that case until certain Laws be established the King by himself and such Judges as he shall appoint shall judge them and their Causes according to Natural Equity in such sort as Kings in ancient time did their Kingdoms before any certain Municipal Laws were given But if a King have a Kingdom by Title of
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