And the late King Charles the Second was made Free of the Grocers There are near LX other Companies or Corporations All enjoying large Priviledges by the Charters of several Kings and have Fair Halls to meet in The Military Government in London HIs Late Majesty King Charles the Second after his Restoration sent a Commission of Lieutenancy appointing several Persons His Lieutenants giving them the same Power in London the Lord Lieutenants have in their respective Counties And in pursuance of that Commission the Regiments then in being were New setled in this manner viz. Six Regiments of Trained Bands Commanded by six Citizens Knights and their Lieutenant Colonels all Knights and six Regiments of Auxiliaries In these Twelve Regiments were 20000 Men Then there were Listed Two Regiments of Horse each consisting of five Troops in all 800 Horse But in case of need in London and within the Liberties may in a Few days be Raised 40000 Men. There is in Southwark One Regiment of Trained Bands Fifteen Hundred Men. In the Hamlets of the Tower Two Regiments in all Three thousand Men Then Holbourn Regiment and Westminster Regiment Two thousand each and in case of Necessity they can Raise 20000 more The Artillery Company is as a Nursery of Souldiers and hath been so for above 60 years the late King Charles when Prince of Wales Listed himself therein and the Duke of York did the like at the same time who after the Restoration took upon himself the Command thereof and under him was a Leader who Exercised them every Tuesday Fortnight and the other Tuesday the Exercise was performed by the several Members of the Company who are there Trained up to Command Of this Society are many of the Nobility also the Lord Mayor and most of the Aldermen All the Commanders of the Trained Bands and Auxiliaries here Exercise Arms. This Company consists of 600 Men. Their Officers are A Leader Two Lieutenants Two Ensigns Two Serjeants A Provost Martial Four Gentlemen of Arms c. They have also a Court Martial consisting of A President A Vice-President a Treasurer and Twenty four Members of the Company On the Second Tuesday in February at a General Rendezvous every Year the Officers are Elected For the Security and Defence of this Famous City and River there hath been anciently divers Fortresses But the most Eminent and Chief is that called The Tower of London WHich is not only a Fort or Cittadel to command and defend both City and River but also A Royal Palace where our Kings with their Courts have sometimes Lodged A Royal Arsenal where are Arms and Ammunition for 60000 Men The Treasury for the Jewels and Ornaments of the Crown The only Mint for coyning Gold and Silver The Great Archive where are conserved All the Records of the Courts at Westminster The Chief Prison for the safe Custody of Great Persons that are Criminals and if the great Extent thereof within the Walls be considered and its Authority over the several Hamlets without and the many high Priviledges and Liberties belonging thereunto it may rather be Reputed a City than a Cittadel The Governour of this Important Fortress is the Constable or Lieutenant of the Tower Who is High Steward of a Court there held by Prescription of Debt Trespass and other Actions of any Sum Greater or Lesser and hath a Deputy Before the late Act might refuse a Habeas Corpus may give Protection to all Debtors belonging to the Tower within the Realm of England hath Priviledge to take Unam Lagenam of all Wine-Ships that come Is Virtute Officij to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex and as some hold to be Custos Rotulorum of the County of Middlesex His Salary is 200 l. per Annum His usual Fee for every Prisoner is 20 l. at Entrance and 3 l. a Week for an Esquire For a Knight 5 l. a Week For a Baron or above 50 l. at Entrance to whom the King allows 10 l. Weekly whereof Two part goes to the Prisoner the other Third part to the Lieutenant for Lodgings and Dyet and 50 l. to the Lieutenant upon the Prisoners discharge The Gentleman Porter of the Tower holds his Place by Patent and at the Entrance of a Prisoner hath for his Fee Vestimenta Superiora or a Composition for it The Gentleman Gaoler is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman 5 l. of a Knight Forty Warders of the Tower accounted the King's Domestick Servants and Sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Cheque The Tower is not within any County or Parish only a small part some account to be in Middlesex but is a Liberty of it self exempt from all Taxes to the King Church or Poor It hath A Parochial Church exempt from all Ecclesiastical Jurisdiction of the Archbishop and is a Donative bestowed by the King without Institution or Induction And there are Thirteen Hamlets of large Extent belonging to the Tower whose Train-Bands are all bound to Assist the Constable or Lieutenant of the Tower which are called The King's Company and are to Wait on the King's Person in time of Need and to go no further than the King And within the Tower is kept The Office of the Ordnance BEing the grand and standing Magazine of the principal Preparatives Habiliaments Utensils and Instruments of War as well by Sea as Land for the Defence and Safety of the Kingdom and consequently hath Influence in the Navies Forts Castles and Armies thereof having the Superintendence Ordering and Disposing as well of the Grand Magazine lodged in the Tower as at the Minories Woolwich Chatham Windsor Portsmouth Plimouth Hull and elsewhere And is under the Government of The Master of the Ordnance under whom The Administration and Management of the said Office is committed to the Principal Officers following viz. The Lieutenant of the Ordnance who in the absence of the Master of the Ordnance is to Impart all Orders and Warrants directed to the Office and to see them duly Executed and to give Order for Discharging the Great Ordnance when required upon Coronation Days Days Festival Triumphs c. As also to see the Train of Artillery fitted with all its Equipage for Motion upon any occasion The Surveyor is to Survey all the Ordnance Stores and Provisions of War in the custody of the Store-keeper which he is to see so distinguished and placed as shall be best for their Preservation and Safety for a decent View and a ready Account to allow all Bills of Debt and to keep Check upon all Labourers and Artificers Works and to see that all Provisions received be good and serviceable and duly proved with the Assistance of the rest of the Officers and the Proof Masters and marked with the King's Mark if they ought so to be The Clerk of the Ordnance is to Record all Orders and Instructions given for
308 Civil Government of the King's Court 312 Compting-House 314 Court of Green-Cloth 315 The Knight Marshal 320 Court of the Marshalsea 321 Court of the Palace 322 Court of the Lord Steward Treasurer and Comptroller of the King's Houshlod concerning Felony c. 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea 325 King 's great Wardrobe 332 The Office of the Tents 335 The Office of the Robes ibid. Military Government in the King's Court 338 The Band of Pensioners 339 The Yeomen of the Guard 340 Court of the Queen of England Government of the Queen's Court 341 Ecclesiastical Government of the Queen's Court 341 Civil Government of the Queens Court 342 Officers of the Robes ibid. Government of Cities Government f Cities 34â— Ecclesiastical Government of Cities 344 Civil Government of Cities 345 City of London 34â— The Ecclesiastical Government of London 347 The Civil Government of London 34â— Court of Hustings 351 Sheriffs Court in London 352 Court of Conscience 354 Court of the Mayor and Aldermen 356 Court of Orphans 356 Court of Common Council 357 Court of Wardmote Inquest 358 Court of Halmote ibid. Chamberlain 's Court for Apprentices 359 Court of the Conservators of the Water and River of Thames 360 Court of the Coroner in London ibid. Court of the Escheator in London ibid. Court of Policies and Assurances 361 Military Government of London 363 Tower of London 365 Office of the Ordnance 368 Office of the Warden of the Mint 373 Office of Records in the Tower 375 St. Katherine's 378 Bridge ibid. Custom House 379 General Post-Office 381 Law Study 383 Inns of Chancery ibid. Inns of Court 384 Mootings in the Inns of Court 388 Mootings in the Inns of Chancery 390 Keeping Christmas in the Inns of Court ibid. Manner of holding Parliaments in the Inns of Court 392 Serjeants Inns ibid. Call or Creation of Serjeants 393 The Judges 394 Colledge of Civilians in London 396 Colledge of Physicians in London 400 Gresham Colledge in London 402 Sion Colledge in London 40â— Chartreux in London 40â— Schools in London 40â— Southwark ibid City of Westminster 40â— City of Norwich 41â— Government of the Two Universitieâ— The two Universities in England 41â— Oxford ibid Cambridge 42â— Government of Boroughs Government of Boroughs is England 43â— Government of Villages Government of Villages in England 43â— Ecclesiastical Government of Villages 43â— Civil Government of Villages ibid Islands adjacent to England Islands adjacent unto England 43â— Isle of Man ibid Anglesey 43â— Jersey olim Caesarea 437 Guernsey olim Servia ibid Insula Vectis or Vecta 43â— Sorlings 44â— Island Lindisfarne 44â— The Government of Scotland Scotland 445 The Islands near Scotland The Lesser Islands near Scotland 459 Orcades ibid. Schetland ibid. Hebrides 460 The Government of Ireland Ireland 463 English Plantations in Asia English Plantations in Asia 491 Bantan ibid. Bombaine ibid. English Colonies in Africa English Colonies in Africa 492 Guinea ibid. Tangier ibid. English Plantations in America 492 Newfoundland 494 New England 496 New York 500 New Jersey 504 Pensylvania 505 Mariland 507 Virginia 510 Carolina 512 Bermudas 515 Caribee Islands 519 Barbuda ibid. Anguilla 520 Montserrat 521 Dominica 522 St. Vincent 523 Antegoa 524 Mevis or Nevis ibid. St. Christophers 526 Barbadoes 527 Jamaica 530 See the Alphabetical Table at the End of the Book Finis Tabulae OF GOVERNMENTS c. The Original of Governments OF GOVERNMENTS there can be but Three kinds viz. One or More or All must have the Sovereign Power of a Nation If one then it is a Monarchy If more as an Assembly of Choice Persons then it is Aristocracy if All that is a General Assembly of the People then it is a Democracy And now in course we are first to speak of The Monarchical Government which as most resembling the Divinity and approaching nearest to Perfection being esteemed the most Excellent is of two sorts Regal and Political The first sort Monarchy Regal was begun by Nimrod who after the World began to increase got unto himself a Dominion over others and yet in Scripture he is not called a King but a Mighty Hunter before the Lord So Belus did subdue the Assyrians and Ninus the most part of Asia and so did the Romans usurp the Empire of the World And thus having set forth the beginning of the Regal Government of Kingdoms which Law Regal was no other thing but the Pleasure of the Prince as in the First of Kings you may read more at large We will now as being more for our purpose declare how Kingdoms of Political Government were first begun which we may term Monarchy Political St. Augustine in the 19th Book De Civitate Dei saith Aâ— People is a Multitude of Men associated by the Consent of Law and Communion of Wealth And yet such a People without a Head is not worthy to be called 〈◊〉 Body as in Natural things the Head cut off is not called a Body but a Trunk Wherefore Aristotle in his Civil Philosophy saith Whensoever One is made of Many among the same One shall be the Ruler and the other shall be the Ruleâ— And this Ruler thus raised and appointed in Kingdoms is called a King from the Saxon word Koning intimating Power and Knowledge wherewith every Sovereign ought especially to be Invested And thus of a Multitude of People ariseth a Kingdom which is a Body Mystical And in this Body Mystical or Political the Intent of the People like Blood in the Natural Body is the first lively thing that is Politick provision for the Utility and Wealth of the same People which is imparted to the Head and members of the same Body whereby it is Nourished and Maintained and by the Law which cometh from Ligando of Binding this Mystical Body is knit and preserv'd together and the Members and Parts thereof as the Natural Body by Sinews do every one retain their proper Functions And as the Head of a Natural Body cannot change his Sinews nor withhold from his Inferiour Members their peculiar Powers of Nourishments no more can a King which is the Head of the Body Politick change the Laws of that Body or withdraw from the said People their proper Substance against their Wills And therefore it now follows that we speak somewhat of the Fundamentals of laws in General and then descend to the particular Fundamentals of the Laws of England and afterwards briefly declare the Executive Powers of the same And first of Laws in General WHich are Four that more properly belong to this our Business viz. The Law Enternal The Law of Nations Divine Law and Human Law The Law Eternal LEx Aeterna is the Reason of the Divine Will whereby God will â—ave all things of him Created to be moved and directed to a good End and it is called The first Law and all other Laws are derived from it And this Law Eternal none may be able to
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
are able For all which see more in the Statute de Escheatoribus 29 E. 1. Coke's 4 Institutes cap. 43. c. The Court of the Clerk of the Market THe Clerk of the Market is to this day called Clericus Mercati Hospitij Regis And keepeth a Court and Inquireth after Weights and Measures whether they be according to the King's Standard and for that Purpose he maketh Process to Sheriffs and Bailiffs to Return Pannels before him c. And he is to deliver Estreats of such things as concern his Office into the Exchequer He can hold no Plea but what was holden in the Reign of E. 1. and at this day there is not so much occasion for him or his Authority since Justices of Assize Justices of Oyer and Terminer Justices of Peace and Sheriffs in their Tourns and Lords in their Leets may Inquire of False Weights and Measures Of Wine Ale Beer Corn and Grain there ought to be but One Measure and of all other Merchandize per totum Regnum De Ponderib ' vero sicut de Mensuris But notwithstanding divers Statutes there are two kinds of weights used in this Kingdom one called Troy weight commanded by the Statute And is thus deduced 24 Corns of Barley dry and from the midst of the Ear make a peny weâ—ght 20 peny weights an Ounce and 12 Ounces a pound Troy a Grain contains 20 Minutes a Minute contains 24 Droits a Droit contains 24 Blanks Twelve Grians of Fine Gold make a Caract 24 Caractes an Ounce and 12 Ounces a pound By this Troy weight are measured according to Law Pearls Precious Stones Gold Silver Bread Wheat and such like And this kind of Weight the Apothecaires do or ought to use although by other Divisions and Denominations Their least Measure is a Grain 20 Grains make a Scruple maked ℈ 3 Scruples make a Drachm marked Ê’ 8 Drachmes make an Ounce marked â„¥ 12 Ounces make a Pound marked lb Another called Avoir du Pois A Pound of this consisteth of 16 Ounces Every Ounce of 20 Peny weight Every Peny weight 21 Grains and 9 10 of a Grain It is called Avoir du Pois because thereby they have full Measure By this are weighed all Physical Drugs Wax Pitch Tarr Iron Steel Lead Hemp Flax Flesh Butter Cheese and divers other Commodities and especially every Commodity subject to Wast And thereof an 112 Pounds are called an Hundred weight There was another weight called Auncel weight by Scales fixed to a Beam or Staff and by the Hand or Fore-finger wherein was much Deceipt and therefore abolished by several Statute Measures of Troy are of Three kinds viz. Of Things that are Dry Of Things Moist or Liquors and Of Longitude Latitude and Profundity Of Dry things 4 Grains make a Peny weight 20 Peny weight an Ounce 12 Ounces a Pound or Pint 2 Pints a Quart 2 Quarts a Pottle 2 Pottles a Gallon 2 Gallons a Peck 4 Pecks a Bushel 4 Bushels makes a Comb 2 Combs a Quarter 6 Quarters make a Weigh and 10 Quarters a Last Of Liquors 12 Ounces make a Pint or Pound and 2 Pints a Quart and 4 Quarts a Gallon of Wine which is 8 Pounds Troy weight 18 Gallons make a Rundlet 31 Gallons and a Half make Half a Hogshed 42 Gallons make a Tierce 63 Gallons a Hogshead 84 Gallons a Puncheon 126 Gallons a Pipe or Butt and 252 Gallons make a Tun of Wine Of Ale and Beer 8 Gallons is a Firkin 16 Gallons is a Kilderkin 32 Gallons is a Barrel 63 Gallons is a Hogshead The Wine Measure is smaller than the Ale and Beer Measure and holds Proportion as 4 to 5 So that 4 Gallons of Beer are 5 Gallons of Wine And the Measure of Dry things is greater than the Wine and lesser than the Ale and Beer Measure so that the Gallon of this Measure being about 8 Pouâ—â—s Troy weight is in proportion to the Wine Gallon as 33 to 28 and is in Proportion to the Beer Gallon as 33 to 35. Of Longitude Latitude and Profundity 3 Grains of Barley make an Inch 4 Inches make a Handful 3 Handful make a Foot 1 Foot and ½ make a Cubit 2 Cubits a Yard 1 Yard and ¼ an Ell 5 Foot a Geometrical Pace 6 Foot a Fathom 16 Foot and ½ make a Perch Pole or Rod 40 Perch make a Furlong 8 Furlongs make a Mile which according to the Statute of 11 Hen. 7. ought to be 1760 Yards or 5280 Foot That is 280 Foot more than the Italian Mile 60 Miles or more exactly 69 English Miles and ½ make a Degree and 360 Degrees Or 25020 Miles Compass the whole Globe of the Earth For Measuring of Land 40 Perch in Length and 4 in Breadth make an Acre so called from the German Acker and that from the Latin Ager 30 Acres ordinarily make a yard Land and 100 Acres are accounted an Hide of Land By the Stat. of 7 Hen. 7. The Chief Officer of ever City and Burrough shall take for Sealing of every Bushel a peny of every other measure a Half peny of every Hundred weight a peny and every Half hundred weight a Half peny of lesser weight a Farthing The Clerk of the Market ought not to take any Common Fine nor to Claim any thing for Examining or Viewing of Measures Sealed or other Measures Of which see more in the Statute and Coke's 4 Inst cap. 61. The Court of Pepondres Vulgarly Pipowders Curia Pedis pulverisati THis Court is incident to every Fair and Market as a Court Baron is to a Manor and is so called for that Justice for advancement of Trade is as Speedy as the Dust may fall from a Man's Feet Their Proceedings being De hora in horam And this is a Court of Record to be holden before the Steward of the Court and the Jurisdiction thereof consisteth in Four Conclusions 1st The contract or cause of Action must be in the same time of the Fair or Market 2ly It must be for some matter concerning the same Fair or Market complain'd on heard and determined 3ly It must be within the Precinct of the Fair or Market 4ly The Plaintiff must take an Oath according to the Statute of 17 Ed. 4. cap. 2. But that concludeth not the Defendant And there may be a Court of Pipowders by Custom without a Fair or Market and a Market without an Owner And this Court of Pipowders by Prescription may be extended to all Contracts Bonds Actions of Trespass and upon the case and no Writ of Faux Judgment but a Writ of Error lies here and in the Ordinary Court of Pipowders incident to a Fair or Market And this Court by Prescription may be used either by way of Grant or Confirmation For all which see in Coke's 4 Institutes and Greenwood of Courts The Court of the Dutchy Chamber of Lancaster at Westminster KIng Ed. the 3. in full Parliament Ann. 50. E. 3. Erected the County of Lancastar a County Palatine by Letters Patent and
Honoured his Son J. Duke of Lancaster therewith for Term of his Life It is called Comitatus Palatinus a County Palatine à Comitatu Palatio Regis because the Owner be he Duke or Earl c. Hath in that County Jura Regalia as fully as the King had in his Palace And he may have his Chancery and Writs under his Seal for the Office of the Chancellor to Depute Justices as well touching Pleas of the Crown as all other Pleas and Execution of Writs and making Officers and Servants and all other as by the Letters Patents above mentioned granted in Parliament appears And the King may Erect a County Palatine without Parliament by his Letters Patents But now by the Statute of 27 H. 8. cap. 24. several of those Jura Regalia are taken from them and recontinued and annexed to the Crown And all Writs are now to be made in the King's Name but the Teste in Name of him who hath the County Palatine And they shall have Forfeiture of Lands and Goods for High-Treason which Forfeiture accreweth by the Common Law But Forfeitures given after the Erection of the County Palatine by an Act of Parliament they shall not have Justices of Assize of Gaol-Delivery and of the Peace are and ever since the Erection have been Assigned by Commission under the Seal of the County Palatine of Lancaster Fines were levied with 3 Proclamations c. before the Justices of Assize there or one of them and all Recoveries to be had of Lands there are to be had in the Court of the County Palatine at Lancaster and not at Westminster All Lands c. Parcel of this Dutchy given to the King by the Statute of Monasteries Chantries c. are still within the Survey of the Dutchy Lands within the County Palatine should pass by the Dukes Charter without Livery of Seisin or Attornment But of Lands parcel of a Manor annexed to the Dutchy without the County Palatine there ought to be Livery of Seisin and Attornment of Tenants and in the same Degree is it in the King's Case The Proceedings in this Court of the Dutchy Chamber at Westminster is as in a Court of Chancery for Lands and other Matters within the Jurisdiction of the Court by English Bill c. and Decree But this Chancery is not a mixt Court as the Chancery of England is partly of the Common Law and partly of Equity but admitting only some small mixture of the Common Law in some Cases And in some Cases they are led by their proper Customs and Prescriptions respectively The Process of this Court is by Privy Seal Attachment and Commission of Rebellion as in the Chancery The Officers of this Court be the Chancellor The Attorney The Receiver General Clerk of the Court The Auditors Surveyors The Messenger There is an Attorney of the Dutchy in Chancery and another in the Exchequer And there are Four Learned in the Law Assistants and of Councel with the Court. The Seal of the Dutchy of Lancaster remains with the Chancellor at Westminster And the Seal of the County Palatine remains in a Chest in the County Palatine under the safe Custody of the Keeper thereof All Grants and Leases of Lands Offices c. in the County Palatine of Lancaster shall pass under that Seal and no other And all those out of the County Palatine and within the Survey of the Dutchy under the Seal of the Dutchy See the Statute of 27 Hen. 8. cap. 24. For the great Royalties Priviledges c. the Duke of Lancaster had for him his Men and Tenants which are necessary to be known by all concerned in those Possessions and other matters concerning the same See Coke's 4 Institutes 36. and Books and Records their recited And the Statute of 16 and 17 Car. 1. c. 10. For dissolving the Court of Star-Chamber and annulling and making void the like Jurisdiction excercised in the Court called the Court of the Dutchy of Lancaster held before the Chancellor and Councel of that Court c. The Courts of the County Palatine of Chester THis is the most Ancicent and most Honourable County Palatine remaining at this Day with which Dignity the King 's Eldest Son hath been of long time honoured And this is a County Palatine by Prescription Within this County Palatine and the County of the City of Chester there is and aciently hath been a principal Officer called the Chamberlain of Chester who time out of mind hath had the Jurisdiction of a Chancellor and the Court of Exchequer at Chester is and hath time out of mind been the Chancery Court for the said County Palatine whereof the Chamberlain of Chester is Judge in Equity He is also Judge of Matters at the Common Law within the said County as in the Court of Chancery at Westminster for the Court of Chancery is a mixt Court There is also a Vice-Chamberlain which is the Deputy of the Chamberlain And also the Justice called the Justice of Chester who hath Jurisdiction to hear and determine Matters of the Crown and of Common-Pleas Of Fines and Recoveries levied and suffered as well within the County Palatine as of the City of Chester For which and much more concerning the same See Coke's 4 Institutes cap. 37. and the Statute of 16 17 Car. 1. c. 10. For disabling the Court of Star Chamber and Annulling and making void the like Jurisdiction exercised in the Court of Exchequer in the County Palatine of Chester held before the Chamberlain and Council of that Court. The Courts of the County Palatine of Durham THis is also a County Palatine by Prescription parcel of the Bishoprick of Durham and raised soon after the time of the Conqueror Here is a Court of Chancery which is a mixt Court both of Law and Equity as in the Chancery at Westminster But herein it differeth from the rest that if any Erroneous Judgment be given either in the Chancery upon a Judgment there according to the Common Law or before the Justices of the Bishop a Writ of Error shall be brought before the Bishop himself and if he give Erroneous Judgment thereupon a Writ of Error shall be sued Returnable in the King 's Bench. If the Bishop do wrong within his County Palatine for that he cannot be Judge in his own Cause Justices shall be Assigned to hear and determine the Cause as was done in the case when Richardus de Hoton Prior Dunelm ' queritur de Anthonio Episcopo Dunelm ' alledging several Plaints against the Bishop whereupon Issue was Joyned and Verdict given against the Bishop And by that Record which was Termino Paschae 30 E. 1. it appears the Bishop had within the County of Duresme Regalitatem suam And more concerning the same you may Read in Coke's 4 Institutes cap. 38. The Royal Franchise of Ely KIng Henry the first of the Rich Monastery of Ely made a Cathedral Church and of the Abbey made a Bishoprick and for his Diocess Assigned him the
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
Priviledges and Franchises are taken from them and a Guardian set over them as was done by Hen. the Third and Ed. the First He is usually Knighted by the King before the end of his Mayoralty if he had not that Honour before His and the Sheriffs Tables are open to all comers and for his Grandeur is allowedâ— 1000 l. for his Sword-bearers Table His Domestick attendance is very Honourable and hath Four Officers reputed Esquires by their places viz. The Sword-bearer Common Hunt who keepeth a Kennel of Hounds Common Cryer and the Water Bailiff There is also the Coroner Three Serjeant Carvers Three Serjeants of the Chamber A Serjeant of the Channel Four Yeomen of the Water-side One under Water Bailiff Two Yeomen of the Chamber Three Meat weighers Two Yeomen of the Wood-wharfs most of which have their Servants allowed them and have Liveries for themselves Upon the Death or Demise of the King he is said to be the Prime Person of England On the day of the Kings Coronation he claims to be chief Butler and to bear the Kings Cup amongst the Highest Nobles of the Kingdom His Authority reaches not only over all the City but part of the Suburbs and on the River of Thames Eastward as far as Yendale or Yenleete and Westward as far as Colney Ditch above Stanes Bridge and keeps several Courts in the Counties adjacent to the Thames for Conservation of the River and Punishment of Offenders therein And there are Two Sheriffs of London who are also Sheriffs of the County of Middlesex and are Annually chosen by the Citizens from among themselves in the Guild-hall upon Midsumer day approved by the King and then upon Michaelmas Eve Sworn and presented to the Barons of the Exchequer to be allowed by the Barons and Sworn If the Persons so chosen refuse to hold they incur a Penalty unless they will make Solemn Oath they are not worth 10000 l. Twenty six Aldermen Preside over the 26 Wards of the City When any of these die The Lord Mayor and Aldermen chuse another out of the most substantial Men of the City and if any so chosen refuse to hold he is commonly fined 500 l. All the Aldermen who have been Lord Mayor and the Three eldest who have not yet arrived to that Honour are by their Charter Justices of Peace And this City of London is Camera Regis Reipublicae Cor totius Angliae Epitome To the Lord Mayor and the City of London belong divers Courts of Judicature amongst which the chief is The Court of Hustings DOmus Causarum Hus being in the Saxon Tongue House and Dhing Things It is the Highest Court of London And is holden before the Lord Mayor and Sheriff or now in the Sheriffs absence Six Aldermen which sit in Court there every Tuesday altho' that it may not seem to Vary from the Command of St. Edward the Confessor that it should be holden every Monday it is still written to be holden on the Monday And hath Cognizance of all Pleas Real mixt and Personal For the Rule in the Register is Quodlibet breve quod tangit Liberum Tenementum in London dirigitur Majori sive Custodi Vicecomitibus Et â—lia Brevia tantum Vicecomitibus By Fleta lib. 28 48. It appears that the name or Court is not appropriated to London only for the King hath his Court in Civitatibus Burgis Locis Exemptis sicut in Hustingis London Winton Lincoln Eborum apud Shepway ubi Barones Cives Recordum habent c. One Week the Judges sit upon Pleas Real The next upon Actions mixt or of any other nature So that all Lands Tenements Rents and Services within London and the Liberties and Suburbs thereof are Pleadable at Guild-Hall in two Hustings one called Husting de placito Terrae and the other Husting Commun ' Placitorum And if a Man be impleaded in the Common Pleas of Lands in London The Tenant shall say the Lands are in London and time out of mind c. every one hath been impleaded for them within the City in the Hustings But since Real Actions have grown out of use by trying Titles by Ejectionâ— firmae The ancient Customs and Practise of this Court are much declined The Sheriffs Court in London THe Two Sheriffs keep each of them a Court of Record within the City by Prescription or Custom where they hold Plea of all personal Actions and have belonging to these Courts Two Prisons called Compters the one in Wood-street The other in the Poultry They hold Two Court-days each in every Week That for Wood-street on Wednesdays and Fridays And that for the Poultry Compter on Thursdays and Saturdays In Plaint of Debt the Custom is the Sheriffs Ore Tenus send to the Serjeants to Summon or Attach the Defendant without Warrant and upon Nihil Returned within the City the Serjeants by Commandment from the Sheriff have used to Attach and Arrest the Defendant to have his Body at the next Court before the Sheriff at the Guild-Hall They certifie their Records in that manner but the usual practise is to enter an Action in the Office for that purpose at one of the Compters which Action must be carefully entred for it is the Original of that Court by which you declare and from which there can be no variance And when an Action is entred the Serjeant may Arrest the Defendant and bring him into Custody until he find Bail to answer the Condemnation which Bail is taken by one of the Clerk Sitters at the Compter who constantly attend The Plaintiff ought to declare the first Court after the Defendant is Arrested although further time is usually given Ex gratia Curiae per mot ' But if the Plaintiff have no Attorney the first Court a Non-suit may be had by the Defendant If the Defendant be a Freeman he hath four defaults But they are allowable only in Debt Accompt or Covenant broken and not otherwise If the Defendant be in the Compter he is brought to the Bar by a Duci facias which is but the Sheriffs Mandate made by the Clerk of the Papers They have in each Court a Steward or Judge who is Learned in the Laws and besides their particular Customs their Proceedings are generally according to the Common Law at Westminster But of their particular practise Vide Compleat Sollicitor and others There is also in London a Court of Chancery or Equity held before the Lord Mayor which is commonly called The Court of Conscience WHerein they do proceed by English Bill Answer Replication and Rejoynder much like the Proceedings in the High Court of Chancery And the Custom of London is when a Man is Impleaded before the Sheriff The Mayor may send for the Parties and for the Record upon Suggestion of the Defendant and Examin the Parties upon the Pleas and if it be found upon Examination that the Plaintiff is satisfied The Mayor may award the Plaintiff shall be Barred But by no Custom he
can Examine after Judgment 10 Hen. 6.14 15. Also there is a practise called Marking of a Cause before the Lord Mayor which is after a Verdict given for the Plaintiff in the Sheriffs Court the Defendant may get the Cause marked by one of the Clerks in the Lord Mayor's Court to stay Judgment and Execution until the matter be Examined in Equity where the Lord Mayor doth oftentimes mitigate the Damages or give the Defendant time to pay it c. This Court is held Mondays Tuesdays and every day if the Lord Mayor please to sit The Court of the Mayor and Aldermen THis is a Court of Record consisting of the Lord Mayor Recorder and Twenty three Aldermen whereof the Two Sheriffs are part And their Proceedings is by Arrest of the Body or Attachment of the Defendants Goods and in that case much like the other Courts of Common Law By the Statute of 43 Eliz. cap. 12. They have power to correct Errors used for default of good Governance c. in the City The Court of Orphans THe Mayor and Aldermen by Custom have the Custody of Orphans within the City And if they commit the custody to another Man he should have a Ravishment of Ward if the Orphan be taken away And they shall have custody of the Lands and Goods of such Orphans A Recognizance may be acknowledg'd in this Court before the Mayor and Aldermen to the Chamberlain for Orphans and he being a sole Corporation the Recognizance and Bond made to him and his Successors concerning Orphans shall by Custom go to his Successors Executors or Administrator are to Exhibite true Inventories before the Lord Mayor and Aldermen and give Security by Rocognizance or the Court may commit them to Prison till they do it If the Father advance any of his Children by part of his Goods that shall bar him to demand any further unless the Father under his Hand or by Will declare it was but in part of Advancement and then that Child putting his part in Hotchpot with the Executors and Widow may have a Third part of the whole and this the Civil Law calls Collatio Bonorum How the Goods of a Freeman shall be divided See Coke's 1 Inst Sect. 207. The Court of Common Councel THis is held by the Lord Mayor Aldermen and Commonalty Resembling the High Court of Parliament The Commonalty being chosen out of every Ward constitute the Lower House and Represent all the Commonalty of the City Here they make Acts for the better Government of the City For the Execution of the Laws and Statutes of this Realm Pro Bono publico and for the better advancement of Trade and Traffick Provided such Constitutions be not contrary to the Laws of the Realm And these being made by Mayor Aldermen and Commonalty do bind within the City And they of the Common Assembly do give their Assent by holding up their Hands The Court of Wardmote Inquest THis Resembles the Country Leets Every Ward being as a Hundred and the Parishes as Towns And in in every Ward there is an Inquest of Twelve or more Sworn every year to Inquire of and present Nusances and other Offences within the Ward The Court of Hallmote THis is as much as to say The Court of the Hall being the Court which every Company in London keeps in their Halls which was anciently called The Hallmote or Folke Mote The Chamberlain 's Court for Apprentices BEfore the Chamberlain all Indentures of Apprentices are or ought to be Inrolled and if they be not Inrolled and if they be not Inrolled the Apprentice may refuse to Serve and Sue out his Indenture in this Court at his Pleasure and be discharged of his Master The Chamberlain is Judge in all Complaints either of the Servant against the Master or Master against the Servant and punisheth the Offenders at his Discretion In this Court are all Apprentices made Free And that may be Three manner of ways By Service as are Apprentices By Birthright as being the Son of a Freeman which is called Freedom by his Fathers Copy or by Redemption by Order of the Court of Aldermen The Court of the Conservator of the Water and River of Thames THe Lord Major of London for the time being is the Conservator or Governor of the River of Thames and the Issues Breaches and Lands overflown from Stanes Bridge to the Waters of Yendal or Medway And hath Authority for punishment of such as use unlawful Netts or Engins in Fishing or take Fish under Size or unseasonably c. 4 Hen. 7. cap. 15. And in all Commissions touching the Water of Lee the Lord Mayor shall be one 3 Jac. cap. 14. The Court of the Coroner in London THe Mayor is Coroner within the City And this Court is holden before him or his Deputy See Coroner before in the Counties The Court of Escheator in London THe Lord Mayor is also Escheator within the City And this Court is holden before him or his Deputy Vide Escheator before in Counties The Court of Policies and Assurances THis Court Sitteth by Force of the Commission under the Great Seal Warranted by Act of Parliament Ann. 43 Eliz. cap. 12. there being an Officer or Clerk to Register Assurances The Jurisdiction of which Court you may read in that Act of Parliament being for Incouragement of Trade The Judge of the Admiralty Recorder Two Doctors of Civil Law Two Common Lawyers Eight Merchants or any five of them to determine all differences concerning Assurances as they shall think fit without Formalities of Pleadings And to Commit to Prison without Bail all such as disobey their Decrees And to that end they are to meet once a Week at the Assurance Office and not to take any Fee If any be grieved by their Decree he may Exhibit his Bill in Chancery for Re-examination of that Decree The Lord Mayor is Chief Judge at the Court or Sessions of Gaol Delivery held Eight times in the year or oftner at the Sessions-House in the Old Baily for the City of London and County of Middlesex for the Tryal of Criminals and hath power to Reprieve Condemned persons The Tradesmen in London are divided into Corporations or Companies and are so many Bodies Politick of these Twelve are called Chief Companies and he that is chosen Lord Mayor if he be not before must be made Free of one of these Companies viz. Mercers Grocers Drapers Fishmongers Goldsmiths Skinners Merchant Taylors Haberdashers Salters Ironmongers Vintners Cloth-Workers All which Companies have Assembling places called Halls and each of them hath a Master chosen Annually from amongst themselves and Subordinate Governours called Wardens or Assistants And these in their Companies exactly correspond to the General Government of the City Several of our Kings have to honour some of these Companies taken their Freedom of it as VII several Kings had been of the Taylors Company whereof the last of these Seven being King Henry the 7th gave them the Name and Title of Merchant Taylors
of each Inns of Court who sitting as the Benchers do in the Inns of Court at their Mootes they hear and Argue his Case In the Term time the only Exercise of Learning is Arguing and debating Cases after Dinner and Mooting after Supper as in the Vacation time The Keeping Christmass in the Inns of Court IF there be a sufficient number of Students to keep a Solemn Christmass then the Students before Christmass hold a Parliament and certain of them are appointed to be Officers in Imitation of the Kings Court as Comptroller of the Inner Temple so of the Middle Temple stiled Lieutennant of the Tower and Treasurer c. These bear Rule during the time of Christmass and are to behave themselves with that Port and Gravity as if they as perhaps they may afterwards were so in the Kings House At such time they have divers Divertisments as Feasting every day Singing Dancing Dicing which is allowed to all Comers and is so Excessive that the Butlers Box usually amounts to above 50 l. a Day and Night With which and a Small Contribution from each Student are the great Charges of the Christmass defrayed When their Treasure is great they sometimes create a Prince giving him such Title they think fit And he hath all Officers and a Court Suitable to a Great Prince and many of the Prime Nobility and Great Officers of State have been Entertained by him with Feasting Enterludes c. As was sometime done with Great Magnificence by Sir John Lort by the Title of Prince de la Grange From All Saints-day to Candlemass each House usually hath Revells on Holy days that is Musick and Dancing and for this is usually chosen some young Student to be Master of the Revels The Manner of holding Parliaments in the Inns of Court EVery Quarter the Benchers cause one of the Standing Officers of the House to Summon a Parliament which is an Assembly of the Benchers which are called the Sage Company in a place called the Parliament Chamber Where they treat of matters for good Ordering of the House Here are the Readers for Lent and Summer Vacation Elected The Treasurer chosen Auditors appointed To take the Accompts of the old Treasurer Offences committed by any of the Society Punished c. In the Four Inns of Court are about 800 Students The Serjeants Inns. THe Common Law Student when he hath been admitted of some Inn of Court where he is first called a Moote Man and after about Seven years Study an Utter Barrister and after Twelve years more and having performed his Exercises is chosen a Bencher and sometime after a Reader He then wears a long Robe different from other Barristers and is in Capacity to be made Serjeant when the King please to call him and when he is arrived to that Degree he hath his Diet and Lodging in one of those Two Inns called Serjeants Inn And these are called Servientes ad Legem Serjeants at Law and are as Doctors in the Civil Law Only Doctoris appellatio est Magisterij Servientis vero Ministerij And therefore Doctors of Law are allowed to Sit within the Bar in Chairs covered whilst Serjeants stand without the Bar bare Headed Only their Coifs or Caps on And The Call or Creation of Serjeants IS when the number of Serjeants is Small The Lord Chief Justice of the Common Pleas by the Advice and Consent of the other Judges makes choice of 6 or 8 more or less of the most grave and learned of the Inns of Court and presents their Names to the Lord Chancellor or Keeper who sends by the Kings Writ to each of them to appear on such a day before the King to Receive the State and Degree of a Serjeant at Law at the Time appointed They being habited in Robes of Two Colours viz. Brown and Blew come accompanied with the Students of the Inns of Court and attended by a Train of Servants and Retainers in certain Peculiar Cloth Liveries to Westminster-Hall there in Publick take a Solemn Oath and are Clothed with certain Robes and Coifs without which they may no more be seen in publick and making their Count at the Common Pleas Bar and causing Rings to be distributed amongst the Officers and Clerks of the Court they afterwards Feast the great Officers and Persons of the Kingdom in a Magnificent manner and give Gold Rings to the Princes of the Blood Archbishops Chancellor and Treasurer of Forty shillings value to Earls and Bishops Rings of Twenty Shillings value to other Officers Barons Prelates c. Rings of less value And out of these are chosen The Judges WHen any Judges are wanting The King by Advice of his Counsel makes choice of some of these Serjeants to supply his or their Places and Constitutes him if Chief Justice of the King's Bench by Writ But if others then he or they are Constituted by Letters Patents Sealed by the Chancellor who Sitting in the Middle of the rest of the Judges in open Court by a Set Speech Declares to the Serjeant or Serjeants there brought in the King's Pleasure and to the People the Kings Goodness in providing the Bench with such Able Honest Men and causeth the Letters Patent to be Read and being departed The Chief Justice placeth him on the Bench Junior to all the rest and having taken his Oath well and truly to serve the King and his People in the Office of Justice To take no Reward To do equal and Speedy Justice to all c. he Sits to the Execution of his Office And now being a Judge hath thereby great Honour and a Considerable Salary besides Perquisites for each one hath at least 1000 l. a year from the King and now besides his Serjeants Habit he hath a Cloak put over him and closed on his right Shoulder and instead of his Caputium lined with Lamskins it is now lined with Minever or De Minuto vario only the Two Lord Chief Justices and the Lord Chief Baron of the Exchequer have their Hoods Sleeves and Collars turn'd up with Trimme To these Two Serjeants Inns belong the Twelve Judges and about Twenty six Serjeants The Colledge of Civilians in London CAlled Doctors Commons being Purchased by Dr. Henry Harvy long since Dean of the Arches for the Professors of the Civil Law in this City where Commonly the Judge of the Arches The Judge of the Admiralty And the Judge of the Prerogative and divers other Eminent Civilians Presiding and having their Diet and Lodging there in a Collegiate Manner It was usually known by the name of Doctors Commons which being consumed in the late Dreadful Fire and now Rebuilt at the Charge of the said Doctors they now keep their Courts and Pleadings there every Term which begins and ends almost at the same time with that at Westminster Those that are allowed to be Advocates and plead in these Courts are all to be Doctors of the Civil Law in one of the Universities of England who upon their Petition to
Great Hall where those are kept Built by King William Rufus or by Richard the Second as some hold being for all Dimensions not to be equalled by any Hall in Christendom Radulphus de Ingham Chief Justice of England a very poor Man being Fined before him at 13 s. 4 d. in another Term moved with Pity caused the Record to be rased and made 6 s. 8 d. For which he for his Fine made the Clock to be heard into Westminster Hall and the Clock-house which cost 800 Marks Tempore Ed. 1. and continueth to this Day Anno 37 Hen. 8. The King's Mannor of Westminster was made an Honour The City of Norwich THis is an Ancient City For in Ancient Manuscripts it appears That In tempore Steph. Regis de nova Fundata ut Villa populata Communitas factâ— And it is highly commended for many things Quod suis Opibus Frequentia Aedificiorum Elegantia Templorum Pulchritudine Numero Paraecias enim plus minus 30 complectitur Civum sedulitate in Principem fide in Exteros Humanitate inter Celebrrimas Britanniae Urbes merito connumeranda c. Moenibus Validis in quibus crebrae dispositae Turres Undecim Portae undique Obsepta nisi ad ortam qua Flumen cum sinuoso flexu 4 Pontibus pervium Septentrionalem urbis partem interluerit profundo alveo praecipitibus Rupis defendit It is preferred before all the Cities in England except London hath above 30 Parishes and is as large within the Walls as London it had within it and the Liberties Six Religious Houses and One Hospital Anno 27 Hen. 8. The Bishoprick of Norwich becoming void by the Death of Richard Nick commonly called the Blind Bishop The King nominated the Abbot of the Monastery of St. Bennets de Hulmo in the County of Norwich to be Bishop of Norwich And afterwards 4 Feb. 27 Hen. 8. It was Enacted by Authority of Parliament That such Person as should be Elected and Consecrated Bishop of Norwich should have and enjoy united to the said Bishoprick the Monastery of St. Bennets And all Manors c. belonging to the same And should be Abbot of the said Monastery of St. Bennets and have the Dignity of the said Abbacy United Incorporated and Knit to the said Bishoprick For the Courts of Justice in this City we have Treated of the like in London and therefore shall only mention an Act of Parliament concerning the Jurisdiction thereof 2 R. 2. N. 39. Not in Print Whereby it is Enacted for the Citizens of Norwich That if their Customs and Usages heretofore used or hereafter to be used be Difficult or Defective in part or in all Or that the same need any due amendments for any matter arising whereof Remedy was not aforetime had That then the Bailiffs and Twenty four Citizens of the same City so therefore yearly to be Chosen or the greater part of them shall from henceforth have Power to Ordain such Remedies as are most agreeable to Faith and Reason and for the most Profit the Good and Peaceable Government of the same Town and of Strangers thereto repairing as to them shall seem best So as such Ordinance be profitable for the King and his People By the Statute of 14 Hen. 4. The Merchants and Artificers of Worsteds in Norfolk may sell their single Worsteds to any Place or Persons in Amity with the King notwithstanding any Inhibition or Liberty to the contrary In the time of King Edward the Confessor there were 1300 Citizens within this City and they paid 20 l. to the King and 10 l. to the Earl And besides these 20 s. and Four Prebendaries and Six Sextaries of Honey a Bear and Six Dogs to Bait him Now it pays 70 l. to the King and 100 l. to the Queen and a Palfrey and 20 l. of White Rent to the Earl It is a County of it self and hath Two Sheriffs and large Liberties without the Walls See the Statute of 33 Heâ— 8. How many Attorneys should be at Norfolk See Rot. Parl. 18 Ed. 1. f. 5. Concerning the ancient Liberties of this City Burgi Civitat ' Fundat ' Aedificat ' sunt ad Tuitionem Gentium Populorum Regni idcirco obsiâ—vdri debent cum omni Libertate Integâ—itate Ratione The Beautiful Cathedral was begun by Herbert Bishop of Norwich Anno 9 Willielmi Rufi The Strong Castle called â—â—anch Flower Environed with the City but no part thereof but of the County of Norwich was not Built by Bigott Earl of Norwich for we find a Charter of King Stephen Rex c. Sciatis me Dedisse in Feode Hereditate Willielmo Commiti Warren Filio meo Castellum Norwici cum Toto Burgo c. And Reef de Wâ—et Earl of Norwich Defended this Castel against William the Conquerour who was driven out of England and Travelled with his Wife to Jerusalem Vide Coke's 4 Inst cap. 52. The Two Vniversities in England THese are the Two Eyes or Luminaries of the Kingdom and are now Stiled Universities A Professione Universalium Scientiarum Artium Liberalium A University being properly an Incorporation under one Government of many publick Schools ordained especially for the Study and Profession of Divinity Civil-Law and Physick as also Philosophy and other Liberal Arts and Sciences And of these Universities the first and most ancient is thought to be Oxford QUasi Ousford Isidis Uadum From the name of the Chief River Isis whereon it is Seated It lies in 51 Degrees 42 Minutes Latitude and above 22 Degrees Longitude almost the same Climate with the Famous University of Athens and was a place for publick Studies above 900 years ago and much Augmented by the Learned Saxon King Alured And is an ancient City consisting of Two sorts of Inhabitants viz. Students and Citizens living one amongst another yet wholly Separate for Government Laws and Manners The University next under the King being Governed by The Chancellor who is commonly some of the prime Nobility Elected by the Students in Convocation to continue Durante Vita And is to take care of the Government of the whole University To maintain the Liberties and Priviledges thereof To call Assemblies To hear and determine Controversies Call Courts Punish Delinquents c. And next to him in Dignity is The High Steward nominated by the Chancellor and approved by the University and is also Durante Vita and to Assist the Chancellor the Vice Chancellor and Proctors upon their Requests in the Execution of their Places Also to hear and determine capital Causes according to the Laws of the Land and Priviledges of the University so oft as the Chancellor shall require him And the Third Officer is The Vice Chancellor who is commonly the Head of some Colledge nominated yearly by the Chancellor And in the Chancellors Absence may do almost whatever the Chancellor might do if present Moreover he takes care that Sermons Lectures Disputations and other Exercises be performed That Heretiques Fanatiques Nonconformists Panders
which they got leave of King James to put in there for Fresh-Water in their passage to Brasile and did not offer to plant till a good while after the English were settled in the Country In 1664. His late Majesty King Charles the Second sent over Four Commissioners to Reduce the Colonies into Bounds that had before Incroached upon each other who Marching with Three Hundred Red-Coats to Manhades or Manhatees took from the Dutch their Chief Town then called New Amsterdam now New York and August 29. Turned out their Governour with a Silver-Leg and all the rest but those who acknowledg'd Subjection to the King of England suffering them to enjoy their Estates and their Houses as before Thirteen days after Sir Robert Carr took the Town and Fort of Aurania and Twelve Days after that the Fort and Town of Arosapha then De la Ware Castle Mann'd with Dutch and Sweeds so that now the English are Masters of Three handsom Towns Three strong Forts and a Castle without the loss of one Man The first Governour of these parts for the King of England was Colonel Nichols one of the Commissioners This Country is blessed with the Richest Soil in all New England I have heard it Reported says an Author That one Bushel of European Wheat hath yielded One Hundred in a Year The Town of New York is well seated both for Trade Security and Pleasure in a small Isle called Manahaten at the Mouth of the Great River Mohegan which is very commodious for Shipping and about Two Leagues broad The Town is large built with Dutch Brick alla Moderna consisting of above Five hundred Houses the meanest not valued under One hundred Pounds To the Land-ward it is encompassed with a Wall of good thickness and Fortified at the Entrance of the River so as to Command any Ship which passeth that way by a Fort called James Fort. It hath a Mayor Aldermen a Sheriff and Justices of Peace for their Magistrates The Inhabitants are most English and Dutch and have a considerable Trade with the Indians for Bever Otter Raccoon Skins with other rich Furrs Likewise for Bear Deer and Elk-Skins and are supply'd with Venison and Fowl in the Winter and Fish in the Summer by the Indians at an easie Rate The Province of New York formerly contained all that Land which lyes in the North parts of America betwixt New England and Mary-Land the Length towards the North is not fully known the Breadth is about 200 Miles The Principal Rivers are Hudson's River Raritan River and De la Ware Bay The chief Islands are Manahaten Island Long Island and Staten Island Manahaten Island so called by the Indians lieth within the Land betwixt 41 and 42 Degrees of North Latitude and is about 14 Miles long and two broad New York is seated on the West of this Island having a small Arm of the Sea which divides it from Long Island on the South Long Island runs Eastward above 100 Miles and is in some places 8 12 or 14. Miles broad Inhabited from one end to the other having an Excellent Soil for all English Grain the Fruits Trees and Herbs very good In May you may see the Woods and Fields so curiously bedeck'd with Roses and a multitude of other delightful Flowers as equal if not excel many Gardens in England There are several Navigable Rivers which run very swift and are well furnished with Variety of Fish as the Land is with all sorts of English Cattle besides Deer Bears Wolves Raccoons Otters and Wild Fowl in abundance Hudson's River runs by New York Northward into the Country toward the Head of which is seated New Albany a place of great Trade with the Indians betwixt which and New York being above 100 Miles distance is as good Corn Land as the World affords It was reduced to his Majesties Obedience by Colonel Nichols and a League of Friendship concluded between the Inhabitants and the Indians by whom they have never been since disturbed but every Man hath sate under his own Vine and hath peaceably Reaped and Enjoyed the Fruits of his own Labours New Jersey IS part of the Province of New Albion afore-mentioned and is Subdivided into East and West Jersey East Jersey lies between 39 and 41 Degrees of North Latitude being about 12 Degrees more to the South than the City of London It is bounded on the South-East by the Main Sea East by that vast Navigable Stream called Hudson's River West by a Line of Division which separates it from West Jersey and North upon the Main Land and extends it self in length on the Sea-Coasts and along Hudson's River 100 Miles and upwards The Proprietors of this Province Anno 1682. Published an Account of the Scituation Conveniences and Product thereof for Incouragement of such who had an Inclination to Settle there Which you may read in Burton's Description of America fol. 99. The Constitutions of this Country were made in the time of John Lord Berkley and Sir George Carteret the late Proprietors thereof in which such Provision hath been made for Liberty in matter of Religion and Property in their Estates that under the Forms thereof this Country hath been considerably increased Pensylvania BY Letters Patent Dated the 4th of March 1680. King Charles the Second in Consideration of the Faithful Service of Sir William Penne Deceased did Grant unto William Penne Esquire Son and Heir of the said Sir William Penne all that Tract of Land called Pensylvania as the same was Bounded on the East by De la Ware River from 12 Miles distance of New-Castle Town unto the 43 Degree of Northern Latitude with other Boundings and Limits therein mentioned And all Powers Preheminence and Jurisdictions necessary for the Government of the said Province And by other Letters Patent Dated April the 2d 1681. did Publish and Declare his Will and Pleasure That all Persons settled or inhabiting within the Limits of the said Province should yield all due Obedience to the said William Penne his Heirs and Assigns as absolute Proprietors and Governours thereof as also to the Deputy or Deputies Agents or Lieutenants Commissioned by him or them Whereupon William Penne taking upon him the Government in a Letter from Philadelphia the then intended Chief City Dated 16 Aug. 1683. giveth a full Description of the Province and the Soil Air Seasons and Produce thereof The Planted part of the Province being cast into six Counties viz. Philadelphia Buckingham Chester New-Castle Kent and Sussex containing then about 4000 Souls Two Assemblies had then been held with such Concord and Dispatch that in Three Weeks time at least Seventy Laws were past And for the Well-Government of the Counties Courts of Justices are Established in every County with proper Officers as Justices Sheriffs Clerks Constables c. Which Courts are held every Two Months but to prevent Law-Suits there are Three Peace-Makers chosen by each County-Court in the Nature of Common Arbitrators to hear and end Differences betwixt Man and
expresly forbid the same as heretofore hath sometimes been done It is free for any Man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is firâ—t put in Writing and called a Bill which being read commonly after Nine of the Clock in a full Assembly it is either unanimously Rejected at first or else allowed to be Debated and then it is committed to a certain Number of the House presently nominated and called a Committee After it hath been amended and twice read two several Days in the House then it is Ingrossed that is written fair in Parchment and read the third time another Day and then if it be in the Lords House the Lord Chancellor in the Commons House the Speaker demandeth if they will have it put to the Question Whether a Law or no Law If the Major Part be for it there is written on the Bill by the Clerk Soit Baille aux Communes or Soit Baille aux Seigneurs retaining still in this and some other things about making Laws the Custom of our Ancestors who were generally skilled in the French Tongue Note That when the Speaker finds divers Bills prepared to be put to the Question he gives notice the Day before That on the Morrow he intends to put such Bills to the Passing or third Reading and desires the special Attendance of all the Members Note also That if a Bill be Rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usual to shew their Respect attended with Thirty or Forty of the Members of the House As they come up to the Lords Bar the Member that hath the Bill making three profound Reverences delivereth it to the Lord Chancellor who for that purpose comes down to the Bar. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other Person whose Place is on the Wooll-sacks and by none of the Members of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into Consideration if aftewards it pass that House then is written on the Bill Les Communes oâ—t assentez When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same Day lest the whole time should be spent in Debate Also if a Bill be debating in the House no Man may speak to it in one day above once If any one speak words of Offence to the King's Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily assemble not though many times they continue sitting long in the Afternoon Committees sit after Dinner where it is allowed to speak and reply as oft as they please Note By Death or Demise of the King the Parliament is ipso facto dissolved Anciently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intending that every one hath Notice by his Representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside See before in High Court of Parliament Page 51. To the Court of the High Steward of England BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have Right to sit and Vote in Parliament shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial and every Peer so summoned and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. M. Intituled An Act for Abrogating the Oaths of Allegiance and Supremacy and Appointing other Oaths And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis For disabling Papists to sit in either House of Parliament Provided that neither the Act nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever Provided also That the Act nor any thing therein contained shall any ways extend to any Indictment of High Treason nor to any Proceedings thereupon for Counterfeiting the King's Coyn his Great Seal or Privy Seal his Sign Manual or Privy Signet See before in The Court of the High Steward of England Page 81. Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian c. of England in the King's Absence FOR his Authority Place and Precedency See Rot. Parl. Anno 1 Hen. 6. Nu. 26 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 23 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71. The Lord Coke in his 4th Inst. Cap. 3. saith The surest way is to have him made by Authority of the Great Council in Parliament Richard Duke of Gloucester Uncle to King Edward the 5th and afterwards King by the Name of Richard the 3d. was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority Holinshead's Chron. fol. 1363. And for the Government of the Realm and Surety of the Person of King Edward the 6th his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms Dominions and Subjects and so proclaimed the 1 st of February Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof And on the 6th of Feb. Anno 1547. the said Earl of Hertford Lord Protector Adorned King Edward with the Order of Knighthood remaining then in the Tower and therewith the King standing up called for Henry Hubblethorn Lord Mayor of the City of London who coming before his Presence the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo 1614. The King when he intends to go or is in remotis out of the Realm appoints a Guardian c.
Comitatus coming of the Saxon Verb Siram i. e. partiri for that the whole Realm is parted and divided into Shires And this Shireve being Deputy of the Consul or Earl was therefore by the Romans called Vice-Consul as we at this day call him Vice-comes i. e. Vice-comitis that is instead of the Earl of that County who in ancient time had the Regiment of the County under the King For it is said in the Mirror Cap. 1. Sect. 3. That the Earls of the Counties had the Custody and Guard of the Counties and when the Earls left their Custodies or Guards then was the Custody of Counties committed to Viscounts who therefore are called Vicecomites And whom the Romans called Senatores the Saxons sometimes and we now call Aeldermen or Earls Non proper aetatem sed propter sapientiam dignitatem cum quidam adolescentes essent jurisperiti tamen super hoc experti The Shireve is called Praefectus because he is the Chief Officer to the King within the Shire for the Words of his Patent be Comisimus vobis custodiam Comitatus nostri de c. And he hath triplicem Custodiam viz. 1. Vitae Justitiae for no Suit begins and no Process is served but by the Sheriff Also he is to return indifferent Juries for the Tryal of Mens Lives Liberties Lands Goods c. 2. Vitae Legis he is after long Suits and chargeable to make Execution which is the Life and Fruit of the Law 3. Vitae Reipublicae he is Principalis Conservator pacis within the County Marculphus saith This Office is Judiciaria dignitas Lampridius That it is Officium digniatatis And Fortescue Cap. 24. saith Quod Vicecomes est nobilis Officiarius and is thus chosen Every year the Morrow after All Souls Day all the King's Councellors meet together in the King's Exchequer as well the Lords Spiritual and Temporal as all other Justices all the Barons of the Exchequer the Master of the Rolls and certain other Officers where all these with one common Assent do name of every County Three Knights or Esquires whom among other of the same County they take to be of good Disposition and Fame and best disposed to the Office of Sheriff of that County Of the which Three the King chuseth one whom by his Letters Patent he appointeth Sheriff of the County that he is chosen of for the year then following but he before he receive his Patent shall swear upon the Holy Gospel among other Articles That he shall well and faithfully and indifferently exercise and do his Office all that year and that he shall receive or take nothing of any other Man than the King by colour or mean of his Office In the Romans time and before he was a Minister to the King's Courts of Law and Justice and had then a Court of his own which was the County Court then called Curia Consulatus as appears by these Words Ipsius vices supplebat in Jure in Foro. This Realm being divided into Shires and Counties and those Shires into Cities Boroughs and Towns by the Britons King Alfred's Division of Shires and Counties being but a Renovation or more exact Description of the same The Sheriff is Balivus and his County called Baliva which is thus derived Bailiff is a French word and signifies an Officer concerning the Administration of Justice of a certain Province and because a Sheriff hath an Office concerning the Administration of Justice within his County or Bailywick therefore he calleth his County Baliva sua For Example When he cannot find the Defendant c. he returneth Non est inventus in Baliva mea In the Statute of Magna Charta Cap. 8. some hold that Balivus signifieth any Judge And in 10th of Hen. 4. it is holden That Bailie le Roy is understood Justice le Roy And in the Mirror it is holden That the Stature doth extend to every Justice Minister of the King Steward c. and all comprehended under this Word Bailiff Coke's 1 Inst 168. a. b. Curia Comitatus in Saxon Scypegemoce i. e. Comitatus Conventus ejus duo sunt genera quorum alterum hodie le Countie Court alterum le Tourn del Viscount olim Folkmore vulgo nuncupatur So as many times Turn ' Vicecomit is is expressed under the name of Curia Comitatus because it extended through the whole County and therefore in the Red Book of the Exchequer amongst the Laws of King H. 1. Cap. 8. De Generalibus Placitis Comitatuum it is thus contained viz. Sicut antiqua fuerat institutione formatum salutari Regis Imperio vera est recordatione firmatum Generalia Comitatuum Placita certis locis vicibus definito tempore per singulas anni provincias convenire debere nec ullis ultra fatigationibus agitari nisi propria Legis necessitas vel commune Regni commodum saepius adjiciant Intersint autem Episcopi Comites Vicedomini Vicarii Centenarii Aldermanni Praefecti Praepositi Barones Vavassores Tingrevii caeteri terrarum Domini diligenter intendentes ne malorum impunitas aut gravionum pravitas vel judicum subversio solita miseros laceratione confiniant Agantur itaque primo debita verae Christianitatis jura secundo Regis placita postremo causae singulorum c. Debet enim Sherysmote i.e. The Sheriff's Tourn bis Hundreda Wapentachia i.e. The County Courts duodecies in anno congregari By the Laws of King Edward before the Conquest the first which succeeded King Alured it is thus Enacted Praepositus quisque 1. Vicecomes Saxonice Geresa Anglice Sheriff ad quartam circiter septimanam frequentem populi concionem celebrato cuique jus dicito aequabile litesque singulas cum dies condicti adveniant dirimito Hereby it appeareth that common Pleas between Party and Party were holden in the County Court every Month which agreeth with Magna Charta and other Statutes and continueth at this day And by Stat. 2 E. 6. Cap. 25. It is provided that no County Court shall be longer deferred than one Month from Court to Court Coke's 2 Inst 69 70 71. In the County Court though the Plea be holden therein by a Justicies the King 's Writ yet it is no Court of Record for of a Judgment therein there lieth a Writ of false Judgment and not a Writ of Error Coke's 2 Inst 140. By Stat. Gloucester cap. 8. Purview est ensement que les Visconts pled ' en Counties les Plees de Trespasse auxy come ils soilent estre Pledes Et que nul neit desormes Briefs de Trespass devant Justices sil ne affirm per foy que le biens emportes vailent 40 s. al meins c. En Countie Courts is there put for an Example for the Hundred Court and the Court Baron being no Courts of Record are also within this Law Writs of Trespass are there put also for an Example for Debt Detinue Covenant and the like But if the Trespass be Vi Armis where the King upon
of Felony c. Yet when the Sea doth ebb the Land may belong to a Subject The King shall have Flotsam Jetsam and Lagan when the Ship perisheth or the Owners of the Goods are unknown A Man may have Flotsam and Jetsam by the King's Grant and Flotsam by Prescription as before is said Resolved that the Stat. of Westminst 1. cap. 4. by which it is Enacted That of Wreck of the Sea it is agreed That where a Man Dog or Cat escape alive out of the Ship or Vessel not any thing within them shall be accounted Wreck but the Goods shall be saved and kept by the View of the Sheriff Coroner or King's Bailiff c. So that if any sue for those Goods and can prove that they belonged to him or that they perished in his keeping within a year and a day they shall be restored to him without delay c. was but a Declaration of the Common Law And therefore all that which is provided as to Wreck extendeth also to Flotsam Jetsam and Lagan The Common Law gave all these three as also Estray Treasure-Trove and the like to the King for when no Man can claim Property in Goods the King shall have them by his Prerogative But Wreck may belong to the Subject by Grant from the King or by Prescription Flotsam Jetsam and Lagan so long as upon the Sea do not belong to the King but occupanti conceduntur eo quod constare non possit ad quam regionem essent applicanda And Wreck as well as Estrays of an Infant Feme-Covert Executrix a Man in Prison or beyond Sea if proclaimed and none claim them within a Year and a Day are bounden by the Law Coke's Rep. lib. 5.106 108. Sir Henry Constable's Case Rex pro salute animae suae ad malas consuetudines abolendas concessit quod bona in mari periclitata non perdantur nomine Wrecci quando aliquis homo aut bestia vivus de navi evaserit Veies le Stat. W. Primer Cap. 4. And Coke's 2 Inst 167 168. The Sheriff ought to sell bona peritura within the Year And the Subject must prove his Property in them within the Year and Day But the King may claim when he will and make proof If Treasure be found in the Sea the Finder shall have it at this day But otherwise it is now of Treasure Trove upon Land See Coke's 2 Inst. 168. If Wreck be not rightfully seized but taken by wrong-doers the Party may have a Commission of Oyer and Terminer to enquire of them Wreck shall be tried before the King's Justices at Common Law Coke's 2 Inst. 168. Coke's 4. Inst 134 154. The Coroner is to enquire of Wreck Coke's 4 Inst 271. and 3 Inst Title Appeals FINIS AN ALPHABETICAL TABLE A ARchbishops and Bishops Consistory Courts Page 42 Archdeacons Court Page 44 Aulnager Page 205 Admiralty Court Page 292 638 Aldermen and Mayors Court Page 356 Anglesey Isle Page 436 Anguila Page 520 Antegoa Page 524 B. BArons Court Page 235 Band of Pensioners Page 339 Bridge Page 378 Bantam or Banda Page 491 Bombaine Page 491 Bermudas Islands Page 515 Barbudas I. Page 519 Barbadoes I. Page 527 C. Convocation Page 32 Court of Arches Page 39 Court of Audience Page 39 Court of the Faculties Page 40 Court of Peculiars Page 41 Consistory Courts of Archbishops Bishops Page 42 Court of the Archdeacon or his Commissary Page 44 Court of Delegates Page 44 Civil Government of England Page 51 Court of the High Steward Page 81 539 Chancery High Court Page 90 Court of extraordinary Jurisdiction Page 93 Court of the Star-Chamber Page 104 Court for Redness of Delays Page 108 Court of Kings Bench Page 113 Common Pleas Court Page 121 Court of Exchequer Page 127 Court of Inquiry to certifie untrue Accompts in the Exchequer Page 140 Court of Equity in the Exchequer Page 141 544 Court of Justices of Assize Nisi prius Page 144 Court of Justices of Oyer and Terminer Page 153 Court of special Justices of Oyer and Terminer Page 166 Colledges Hospitals c. for charitable and lawful Purposes and Uses Page 167 Court of Justices of Goal-delivery Page 169 Court of Justices of the Forrest Page 175 Court of Justices in Eyre Page 193 Court of Justices of Trailbaston Page 195 Court of Wards and Liveries Page 196 Court of Ancient Demesne Page 196 559 Court of Commissioners of Sewers Page 198 569 Court of Commissioners upon the Statute of Bankrupts Page 201 573 Commissioners for Examination of Witnesses Page 203 578 Court of the Sessions of the Peace Page 210 591 Court of Inquiry of the Defaults of the Justices of the Peace Page 222 Court of the Tourn Page 223 595 Court Leet or View of Frankpledge Page 224 597 County Court Page 228 615 Court of the Hundred Page 233 630 Court Baron Page 235 632 Coroners Court Page 237 635 Court of Escheators and Commissioners for finding of Offices Page 239 635 Court of the Clerk of the Market Page 241 Court of Pipowders Page 246 Court of the Dutchy-chamber of Lancaster at Westminster Page 247 Courts of the County Palatin of Chester Page 251 Court of the County Palatin of Durham Page 252 Court of the County Palat. of Pembroke Page 255 Courts of the Cinque Ports Page 256 Court of Stannaries in the County of Devon and Cornwall Page 261 Court of the Mayor of the Staple Page 263 Court of the President and Council of Wales Page 269 Court of Chivalry before the Constable and Marshal Page 279 Colledge of Heralds Page 283 Court of Admiralty Page 292 638 Court of Commission by force of the Statute 28 H. 8. Cap. 5. Page 298 Commissioners and others for Beacons Signs of the Sea Light houses c. Page 299 Court of the King of England Page 308 Civil Government of the King 's Court Page 312 Compting-House Page 314 Court of Green-Cloth Page 315 Court of the Marshalsea Page 321 Court of the Pallace Page 322 Court of the Lord Steward Treasurer and Comptroller of the King 's House concerning Felony Page 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea Page 325 Court of the Queen of England Page 341 Civil Government of the Queens Court Page 342 Civil Government of Cities Page 345 Civil Government of London Page 348 Court of Hustings Page 351 Court of Conscience Page 354 Court of the Mayor and Aldermen Page 356 Court of Orphans Page 356 Court of Common Council Page 357 Court of Wardmote Inquest Page 358 Court of Halmote Page 358 Chamberlain 's Court for Apprentices Page 359 Court of the Conservators of the Water and River of Thames Page 360 Court of the Coroner in London Page 360 Court of the Escheator in London Page 360 Court of Policies and Assurances Page 361 Custom-House Page 379 Call or Creation of Serjeants Page 393 Colledge of Civilians in London Page 396 Colledge of Physicians
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