Chancellor To observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every year on the day of St. Scholastica being 10 February a certain number of the Principal Burgesses Publickly and Solemnly do pay each one a Penny in token of their Submission to the Orders and Rights of the University By Charter of Hen. the Fourth It is left to the choice of the Vice Chancellor whether any Member in the University there Inhabiting accused for Felony or High Treason shall be tried by the Laws of the Land or by the Laws and Customs of the University Tho' now where Life or Limb is concerned the Criminal is left to be Tried by the Laws of the Land No Student of the University may be Sued at Common Law for Debts Accompts Contracts Injuries c. but only in the Courts of the Vice-Chancellor who hath Power as aforesaid to Determine and Punish Delinquents To Imprison Inflict Corporal Punishment To Excommunicate To Suspend and to Banish The Universities are Subject to the Visitation or Correction of none but the King or whom he please to Commissionate The Chancellor and in his absence the Vice-Chancellor is not only in Place but in all Affairs of Moment though concerning the City it self Superiour to the Mayor of the Town All Members of the University are subject to the Vice-Chancellor and his Judicial Courts which are Ruled wholly by the Civil Law By the Statute of 13 Eliz. The Two Universities are Incorporated albeit they were ancient Corporations before All Letters Patent Liberties Priviledges c. granted to either of the Universities are Established and Confirmed King James the First Honoured both Universities with the Priviledge of sending each Two Burgesses to Parliament The Terms in Oxford begin the First on the 10 of October and ends the 17 of December and is called Michaelmas Term Second called Hillary or Lent Term begins the 14 of January and ends the Saturday before Palm Sunday The Third called Easter Term begins the 10 day after Easter and ends the Thursday before Whitsunday The Fourth is called Trinity Term beginning the Wednesday after Trinity Sunday and ends after the Act sooner or later as the Vice-Chancellor and Convocation think meet There are besides in Oxford many stately publick-Schools The famous Bodleian Library which for a Noble Lightsom Fabrick number of choice Books curious Manuscripts diversity of Languages Liberty of Studying Facility of finding any Book may equal the Famous Vatican The Curious Architecture of the Theater The Excellent Printing Presses The Publick Physick Garden c. are not for our purpose further to describe Cambridge WHat hath been said of Oxford may suffice for the University and Town of Cambridge which if she will in Complaisance at any time give place to Oxford yet at the same time she will Challenge it before any other University in the Christian World But in some few things she differs from Oxford as for that The Chancellor is not so Durante Vita but may be elected every Two years Aut manere in eodem Officio durante Tacito Consensu Senatus Cantabr ' He hath under him a Commissary who holds a Court of Record of Civil Causes for all Priviledged Persons under the Degree of Master of Arts where all Causes are Tried and Determined by the Civil and Statute Laws and by the Customs of the University The High Steward is chosen by the Senate and holds by Patent from the University The Vice Chancellor is chosen yearly by the Senate on the 3d day of November Out of Two Persons nominated by the Heads of the several Colledges and Halls The Two Proctors are chosen every year as at Oxford according to the Circle of the Colledges and Halls There are also Two Taxers who with the Proctors have care of Weights and Measures as Clerks of the Market There are also Three Squire Beadles and one Yeoman Beadle The Students here have no Houses but what are Endowed For the Colledges and Halls differ only in name And these Houses Endowed are but Sixteen viz. St. Peters Colledge Clare Hall Pembroke Hall Corpus Christi Colledge alias Bennet Colledge Trinity Hall Convile and Cains Colledge Kings Colledge Queens Colledge St. Katherines Hall Jesus Colledge Christs Colledge St. Johns Colledge Magdalen Colledge Trinity Colledge Emanuel Colledge Sussex and Sidney But these are generally so large that the number of Students is commonly little different from those of Oxford Degrees at Cambridge are usually taken as at Oxford Except in Law and Physick whereof after Six years they may take the Degrees of Batchelour and after Five years more that of Doctor The first Tuesday of July is always Dies Comitiorum there called the Commencement Wherein the Masters of Arts and the Doctors of all Faculties compleat their Degrees respectively as the Batchelours of Arts do in Lent beginning at Ashwednesday Many Priviledges have been likewise granted by several Kings to this University As every michaelmass-Michaelmass-day The Mayor of the Town at the Entrance into his Office takes a Solemn Oath before the Vice Chanceller to Observe and Conserve the Priviledges Liberties and Customs of the University Also on Friday before St. Simon and Jude at a Magna Congregati in St. Maries Church The Mayor brings with him Two Aldermen Four Burgesses and Two of every Parish to take their Oaths before the Vice Chancellor for the due search of Vagabonds Suspected Persons c. At the same are Sworn 14 Persons for the University and Fourteen for the Town to look to the Paving and Cleansing of the Street The University hath also a Court Leet held twice every year wherein are presented all Nusances c. The Terms in Cambridge begin Lent Term the the 13 of January and ends the Friday before Palm-Sunday Easter Term the Wednesday after Easter Week and ends the Week before Whitsuntide Trinity Term the Wednesday after Trinity Sunday and ends the Friday after the Commencement and Michaelmass Term begins the 10 of October and ends the 16 of December Cambridge lies in 52 Degrees 20 Minutes Northern Latitude Both these Universities are Two easie days Journey from the Capital City of London and about the like Distance from each other The Government of Boroughs in England ANd other Towns Corporate Is much after the same manner with Cities In some there is a Mayor in others One or Two Bailiffs who have equal Power with the Mayor and Sheriffs and during their Offices they are Justices of Peace within their Liberties and have there the same Power that other Justices of Peace have within their County The Government of Villages in England IN every Village is a Government Ecclesiastical and Civil which if only observed might render the whole Kingdom Happy And first the The Ecclesiastical Government of Villages THe Parson or Vicar who hath Curam Animarum The care of the Souls of his Parishioners For which he hath the Tithes Glebe and Church Offerings And hath under him The Church-wardens and Sides Men
Commercij may be with an Infidel Pagan and Idolater and those Leagues are established by Oaths whether the Infidel or Pagan may Swear by False Gods seeing he thereby offendeth the True God by giving Divine Worship to False Gods St. Austin moved by Publicola resolveth That he who taketh the Credit of him that sweareth by False Gods not for any Evil but Good doth not joyn himself that Sin of Swearing by Devils but is partaker of those Lawful Leagues wherein the other keepeth his Faith and Oath But if a Christian should any way induce another to Swear by them herein he should grievously sin And the League in these Cases is warranted by the Word of God Et per Praxin Sanctorum in Sacra Scriptura all incidents thereunto are permitted In ancient time no Ambassador came into this Realm before he had Safe Conduct For as no King can come in without the King's License or Safe Conduct so no Prorex c. which representeth a King's Person can do it For Safe Conducts see the Writs in the Register and the Statute of the 15th 18th and 20th of Henry the 6th with all Incidents thereunto King Henry the 7th that Wise King would not in all his time suffer Lieges Ambassadors of any Foreign King or Prince within his Realm nor he any with them but upon occasion used Ambassadors Every Ambassador ought to have Four Qualities Nuntie sis verax tacitus celer atque fidelis And of him another saith Foederis Orator Pacis via Terminus Irae Semen Amicitiae Belli fuga Litibus hostis The difference between a League and Truce is that a Truce is a Cessation from War for a certain time A League is a perfect striking of Peace It 's said 9 E. 4. That a League between Two Kings without naming of Successors doth not extend to Successors notwithstanding by our Law Rex non intermoritur See more of this and Ambassadors to the Pope and General Councils c. Co. 4 Inst cap. 26. The Court of the King of England IS a Monarchy or Common-wealth within a Monarchy consisting of Ecclesiastical Civil and Military Persons and Government And for The Ecclesiastical Government of the King 's Court. IS a Dean of the King's Chappel chosen by the King and acknowledgeth no Superiour but the King For as the King's Palace is Exempt from all Inferiour Temporal Jurisdiction so is his Chapel from all Spiritual His Fee is 200 l. per Annum and a Table And By the Dean are chosen all other Officers viz. A Sub-Dean or Praecentor Capellae Fee 100 l. Thirty Two Gentlemen of the Chappel whereof Twelve are Priests and one of them is Confessor to the Houshold whose Office is to Read Prayers every Morning to the Family to Visit the Sick to Examine and prepare Communicants to Inform such as desire Advice in any case of Conscience or point of Religion c. The other Twenty Gentlemen called Clerks of the Chappel are with the aforesaid Priests to perform the Office of Divine Service in Praying Singing c. One of these being well skilled â—n Musick is Master of the Children whereof there are Twelve in Ordinaâ—y To instruct them in the Rules and Art of Musick for service of the Chappel Three other of the said Clerks â—re Organists to whom upon Sundays Collardays and other Holydays are â—oyned the Sack-Buts and Cornets beâ—onging to the King 's private Musick Their Fee to each is 70 l. per Annum Four Vergers so called from the Silver Rods they carry in their Hands Also a â—erjeant a Yeoman and a Groom of the Chappel The King hath also his Private Oratory where some of his Chaplains read Divine 8ervice unto him on Working-days every Morning and Evening Twelve principal Feast-Days in the Year are called Offering-Days viz. Christmas Easter Whitsunday and All Saints called houshold-Houshold-Days upon which the Besant or Gold to be Offered is delivered to the King by the Lord Steward or some other of the principal Officers then New years-Years-Day and Twelfth-Day upon the latter of which are offered Gold Frankinsence and Myrrh in several Purses Lastly Candlemass Annunciation Ascension Trinity Sunday St. John Baptist and Michaelmas-Day when only Gold is offer'd These Offerings made by the King to God In Signum Speciale Dominij after Divine Service or at the Offertory he being attended by the Principal of the Nobility with their Collars of the Garter did anciently belong to the Archbishop of Canterbury's Disposal But now are to be Dispos'd by the Dean of the Chappel amongst the Poor The Lord High Almoner who is the Bishop of London for the time being disposeth of the King's Alms and besides all Money allowed by the King hath all Deodands and Bona Felonum de se for that purpose And under him is A Sub-Almoner Two Yeomen and Two Grooms of the Almonry The High Almoner hath no Fee his Sub-Almoner hath Fee 6 l. 6 s. 10 d. The Clerk of the Closet or Confessor to His Majesty who is to attend at the King 's Right Hand during Divine Service to Resolve all Doubts concerning Spiritual Matters to wait on His Majesty in his private Oratory or Closet and his Fee is Twenty Nobles And there is A Keeper of the Closet whose Fee is 5 l. per Annum The King hath also Forty Eight Chaplains in Ordinary besides the Extraordinary who wait by Turns Four every Month. Anciently at Court were Sermons in Lent only and that in the Afternoons in the open Air by Bishops Deans or principal Prebendaries And them also appointed by the Archbishop of Canterbury Now on Ashwednesday in the Morning begins the Dean of the Chapel to Preach on each Wednesday after one of the Chaplains Every Friday the Dean of some Cathedral or Collegiate Church On Good Friday the Dean of Westminster on every Sunday a Bishop and on Palm Sunday an Archbishop On easter-Easter-day the Lord High Almoner The Civil Government of the King 's Court. THe Lord Steward is the Chief Officer of the King's Houshold to whom is committed the State of the King's House and all his Commands in Court to be obey'd He hath Authority over all except those of his Majesties Chappel Chamber and Stable He is a White Staff Officer and by his Office without any other Commission Judgeth of all Treasons Felonies Bloodsheds within the King's House or within the Verge which is 12 Miles round the Tunnel of the Court only London by Charter is Exempted And this Jurisdiction of the Verge hath from ancient time been executed by the Lord Steward with great Ceremomony in the nature of a peculiar King's Bench and that not only within but without the King's Dominions The Lord Chamberlain is the next Officer who hath Oversight of all the Officers belonging to the King's Chamber except the Precincts of the King's Bed Chamber which is wholly under the Groom of the Stole and all above Stairs who are all Sworn by him Or by his Warrant to the Gentlemen Ushers to the King
pray to God for him c. and this by divers Writers appears to be the practice used by the Primitive Churches And this Punishment if the Crime be not very notorious may by the Canons of the Church of England be commuted to a Pecuniary mulct to the Poor or to some other pious Use Punishments Ecclesiastical peculiar to the Clergy TO the before-mentioned Punishments both Clergy and Laity are subject but there are Punishments to which the Clergy only are liable as first Suspensio ab Officio Is when the Minister for a time is declared unfit to execute the Office of Minister Then Suspensio à Beneficio when the Minister is for a time deprived from the profits of his Benefice and these two Censures are wont to be for smaller Crimes Then Deprivatio à Beneficio is for a greater Crime wherein a Minister is wholly and for ever deprived of the profits of his Benefice or Living And Lastly Deprivatio ab Officio when a Minister is for ever deprived of his Orders and this is called Depositio or Degradatiâ—â— and is commonly for some heinous Crime deserving Death and is performed by the Bishop in a Solemn manner pulling off from the Criminal his Vestments and other Ensigns of his Order and this in the presence of the Civil Magistrate tâ— whom he is then delivered to be punished as a Layman for the like Offence And this may suffice for a shoâ—â— view of the Ecclesiastical Government The Civil Government c. A Brief Account of the Ecclesiastical Government having been given In the next place we are to Treat of the Civil Government the first great Wheel moved therein by the King and his Privy Council Being The High Court of Parliament BEfore the Conquest called the Great Council of the King consisting of the Great Men of the Kingdom It was also called Magnatum Conventus or Praelatorum Procerumque Consilium and by the Saxons Michel Gemot and Witenage Mote after the Conquest it was called Parliamentum from the French word Parler still consisting of the Great Men of the Nation as some hold until the Reign of Hen. 3. when the Commons also were called The first Writs to Summon or Elect them being said to bear date 49 Hen. 3. above 400 years ago so that now this High Court consists of The King who being Caput Principium Finis Parliamenti Sits there as in his Royal Politick Capacity The Lords Spiritual As the Two Archbishops and Bishops being in number about Twenty four who sit there by Succession in respect of their Baronies and to every one of these Ex Debito Justitiae a Writ of Summons is to be directed The Lords Temporal As Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities and were in the Lord Cokes time about 106 now near twice that number And every of these being of full Age Ex Debito Justitiae ought to have a Writ of Summons And The Commons of the Realm being Knights of Shires Citizens of Cities and Burgesses of Burroughs all which are respectively Elected by the Counties Cities and Burroughs and none of them ought to be omitted and these were in number in the Lord Cokes time 493 now about 513 persons Spiritual Assistants are Procuratores Cleri who are so called as by the Writ to the Bishop before mentioned appears to Consult and to Consent but never had Voices as being no Lords of Parliament And by the Treatise De modo tenendi Parliamentum they should appear cum praesentia eorum sit necessaria Temporal Assistants Are all the Judges of the Realm Barons of the Exchequer and of the Coif The King 's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the upper House of Parliament but have no Voice and their Writs differ from the Barons being Quod intersitis nobiscum cum caeteris de concilio nostro super praemissis tractaturi vestrumque Concilium impensuri Romulus Ordained 100 Senaâ—ours which were afterwards increased to 300 and of that number were our House of Commons in Fortescue's time The Person Summoning is the King or in his Absence the Custos Regni or in his Minority the Protector Regni doth Summon the Parliament which cannot be begun without the Kings Presence either in Person or Representation by Commission under the Great Seal or by a Guardian of England by Letters Patents The manner of Summoning a Parliament is in manner following About 40 days before their time of Sitting the King cum Advisamento Consilij sui Issues out of Chancery Writs of Summons to every Lord of Parliament Spiritual and Temporal Commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to Appear Treat and give their Advice in certain Important Affairs concerning the Church and State c. And the Warrant is per ipsum Regem Concilium And for Summoning the Commons a Writ goeth to the Lord Warden of the Cinque Ports for Election of the Barons of the Cinque Ports who in Law are Burgesses and to every Sheriff in the 52 Counties in England and Wales for the Choice and Election of Knights Citizens and Burgesses within every of their Counties respectively Two Knights for each County Two Citizens for each City and One or Two Burgesses for each Burrough according to Statute Charter or Custom Persons Elected for each County ought to be Milites Notabiles or at leastwise Esquires or Gentlemen fit to be made Knights they ought to be Native Englishmen or at least such as have been Naturalized by Act of Parliament No Alien or Denizen none of the 12 Judges no Sheriff of a County no Ecclesiastical person having Cure of Souls may be a Parliament Man And for Legality of Sitting in Parliament he must be 21 years old All the Members of Parliament both Lords and Commons with their Menial Servants and necessary Goods are Priviledg'd during the time of Parliament Eundo Morando ad proprium redeundo But not from Arrests for Felony Treason or Breach of the Peace If the King do not think fit the Parliament shall Sit at the day of Return of the Writ he may by Writ Patent Prorogue them till another day as was done 1 Eliz. At the day of Meeting of the Parliament The King and by his Direction the Lord Chancellor The Lord Keeper of the Great Seal or some other by the Kings appointment Declares the Causes of Calling the Parliament as in Ed. 3. time Sir Henry Green Lord Chief Justice although the Lord Chancellor were present And when a Bishop is Lord Chancellor he usually takes a Text of Scripture in Latin and Discouses thereupon And when a Judge by way of Oration he Declares the Cause of Calling the Parliament The Lords in their House have power of Judicature The Commons in their House to some purposes have power of Judicature and both together have power of Judicature But this
old English name for Houses of Noblemen Bishops or Men of Extraordinary Note The lowest of which as being heretofore Preparatory to the other and therefore may properly be placed first are The Inns of Chancery WHich are Eight and may probably be so called because there dwelt such Clerks as did chiefly Study the forming of Writs which regularly appertain to the Cursitors which are Officers of Chancery The first of these called Thavies Inn was begun in the Reign of King Edward the Third and since Purchased by Lincolns Inn as was also Furnivals Inn Then in Holbourn is Bernards Inn Then New Inn St. Clements Inn Cliffords Inn anciently the House of the Lord Clifford Staple Inn belonging to the Merchants of the Staple and Lyons Inn anciently a Common Inn with the Sign of the Lyon Heretofore many were entred here before they were admitted of the Inns of Court But they are now taken up with Attorneys Sollicitors and Clerks who have their Chambers apart and their Diet at a very easie Rate in a Hall together where they are obliged to Appear in Grave Long Robes and Black knit round Caps These belong all to some Inns of Court who send yearly their Barristers to Read to them The Inns of Court SO named as some think for that the Students therein are to serve The Courts of Judicature are Four The Two Temples Purchased by some Professors of the Common Law above 300 years ago and called the Inner and Middle-Temple in relation to Essex House which was also a part of the House of the Knight's Templers and called the Utter Temple because Seated without Temple Bar. Lincolns Inn belonging anciently to the Earls of Lincoln And Greys Inn belonging to the Noble Family of the Greys These Societies are no Corporations nor have any Judicial Power over their Members but have certain Orders among themselves which have by consent the force of Laws For Lighter Offences they are only Excommuned or put out of Commons and for Greater they lose their Chambers and be expelled the House after which they are not to be Received into any of the other three Societies And these also at Chappel Hall or Courts of Judicature Wear a Grave Black Robe and Cap and at other times walk with Cloak and Sword They have no Revenues being not enabled to Purchase But defray the Charges of the House with what is paid at Admittances and Quitrents for Chambers Pensions and other small Duties The whole Company of Gentlemen in each Society may be divided into Four parts Benchers Utter Barristers Inner Barristers and Students Benchers are the Seniors to whom is Committed the Government of the House And out of those is yearly chosen a Treasurer who Receiveth Disburseth and Accompteth for all Moneys belonging to the House Utter Barristers are such who for Learning and Standing are called by the Benchers to Argue in the Society Doubtful Cases which are called Moots from the Saxon Mote or French Mot a Word and whilst they Argue Sit Uttermost on the Form's or Benches which they call the Bar. Out of these are chosen Readers for the Inns of Chancery belonging to the respective Inns of Court where in Term time and Grand Vacations they argue Cases in the Presence of Attorneys and Clerks Inner Barristers are all the Rest who for want of Learning or Time are not to Argue and yet in a Moote before the Benchers Two of these Inner Barristers do for their Exercise Recite by heart the Pleading of the same Moot case in Law French which Pleading is the Declaration at large of the same Moote Case the one taking the part of the Plaintiff the other of the Defendant They divide the year into three Parts That is the Two Learning Vacations which begin the first Monday in Lent and the first Monday after lommas-Lommas-day and continue Three weeks and Three days each the Term Times and the Dead or Mean Vacations The Exercises of Study in these Learning Vacations are the greatest which are in manner following The Benchers appoint the eldest Utter Barrister to Read amongst them openly in the Hall whereof he hath notice half a year before He then the first day about 8 of the Clock chuseth some Statute whereupon he grounds his whole Reading for that Vacation and Declares such Mischiefs and Inconveniencies as were unprovided for before the same Act And then reciteth certain Doubts he hath devised that may grow upon the Statute and declareth his Judgment therein After which One of the younger Utter Barristers repeateth One question propounded by the Reader and by way of Argument endeavoureth to prove the Readers Opinion to be against Law and after him the Senior Utter Barristers and Readers one after another according to Seniority do declare their Opinions in the same and then the Reader who did put the Case endeavoureth to confute Objections laid against him and to confirm his own Opinion After which the Serjeants and Judges if any be present declare their Opinions Then the youngest Utter Barrister again rehearseth another Case which is prosecuted as the former was And this Exercise continueth daily about three or four Hours Out of those who have Read once in the Summer Vacation and are Benchers is chosen always one to Read in Lent who observes the like manner of Reading as before is Expressed In the mean Vacation after Dinner Cases are Argued and after Supper Mootes brought and Pleaded by the Inner Barristers in the Presence of the Utter Barristers Mooting in the Inns of Court IN these Learning Vacations after Supper or Drinking on Fasting Nights in the Hall the Reader with one or two of the Benchers comes in To whom one of the Utter Barristers propounds some doubtful Case which being argued by the Benchers and afterwards by him that moved the Case The Benchers sit down on the Bench at the upper end of the Hall whence they are called Benchers And upon a Form in the Middle of the Hall sit Two Utter Barristers and on each side of them sits one Inner Barrister who in Law French declareth to the Benchers as Serjeants do at the Bar in the King's Courts to the Judges some kind of Action The one being as it were Retained for the Plaintiff The other for the Defendant Then the two Utter Barristers Argue such Questions as are disputable within the Case after which the Benchers do likewise declare their Opinions how they take the Law to be in those Questions In these Mootings the Junior argueth first as do the Judges in the Exchequer Chamber and Serjeants in open Courts of Judicature The Inner and Utter Barristers Plead here in Law French and the Benchers in English and at the Readings The Readers Cases are put in English Mootings in Inns of Chancery IN the Learning Vacation each Utter Barrister who is a Reader in the Inns of Chancery go with Two Students of the Inn of Court to the Inn of Chancery where he is appointed to Read and there meet him commonly Two
of England by Letters Patent under the Great Seal Or in respect of some Infirmity or other urgent Occasions hath sometimes by Commission under the Great Seal of England appointed certain Lords of Parliament to represent his Person he being within the Realm The Patent of the Office of a Guardian of England reciteth his speedy going beyond Sea or in remotis or urgent Occasions and the Causes thereof Nos quod pax nostra tam in nostra absentia quam praesentia inviolabiliter observetur quod fiat communis Justitia singulis conquerentibus in suis actionibus querelis de fidelitate dilecti fidelis nostri Edwardi Ducis Cornub. Comitis Cestriae filii nostri primogeniti plenarie confidentes constituimus ipsum Custodem dicti Regni nostri ac locum nost um tenent ' in eodem Regno quamdiu in dictis transmarinis partibus moram fecerimus vel donec inde aliud duxerimus And this is that Capitalis Justiciarius mentioned in Magna Charta Cap. 1. when the King is extra Regnum with a Clause of Assistance But yet if any Parliament is to be holden there must be a Special Commission to the Guardian to begin the Parliament and to proceed therein But the Teste of the Writ of Summons shall be in the Guardian 's Name A Parliament was holden Anno 5 H. 5. before John Duke of Bedford Brother and Lieutenant to the King and Guardian of England and was summoned under the Teste of the Guardian or Lieutenant By Stat. 8 H. 5. Cap. 1. It was Enacted That if the King being beyond the Seas cause to summon a Parliament in this Realm by his Writ under the Teste of his Lieutenant and after such Summons of Parliament gone out of the Chancery the King arriveth in this Realm That for such Arrival of the same King such Parliament shall not be dissolved but the Parliament shall proceed without new Summons In 3 E. 4. a Parliament was begun in the presence of the King and prorogued until a further day and then William Archbishop of York the King's Commissary by Letters Patent held the same Parliament and Adjourned the same c. The Cause of the said prorogation was for that the King was enforced to go in person to Gloucestershire to Repress a Rebellion there The King's Person may be represented by Commission under the Great Seal c. as before is said to certain Lords of Parliament authorizing them to begin the Parliament Both the Guardian and such Commissioners do sit on a Form placed near the Degrees that go up to the Cloth of Estate Coke's 4th Inst Cap. 1. fo 6 7. To the Court of Equity in the Exchequer-Chamber BY the Statute of 33 Hen. 8. Cap. 39 the Judges of this Court have full Power and Authority to discharge cancel and make void all and singular Recognizances and Bonds made to the King for Payment of any Debt or Sum of Money or for performance of Conditions c. upon shewing the Acquittance c. or any Proof made of Payment and performance also to cancel and make void by their Discretion all Recognizances made for any Appearance or other Contempt And that if any Person of whom any such Debt or Duty is demanded alledge plead declare or shew in the said Court sufficient Cause and Matter in Law Reason and good Conscience in Barr or Discharge of the said Debt or Duty and the same Matter sufficiently prove in the said Court then the said Court shall have Power and Authority to judge and allow the said Proof and clearly acquit and discharge such Person and Persons Also Lands chargeable to the King's Debts in the Seisin and Possession of divers and sundry Persons the same shall be wholly and intirely and in no wise severally liable to the payment of the said Debt and Duty But in the said Act of 33 Hen. 8. All manner of Estate Rights Titles and Interests as well of Inheritance as Freehold other than Joyntures for Term of Life are excepted J. S. holdeth Lands of the King by Fealty and yearly Rent and maketh a Lease thereof for Years to A. B. pretends that J. S. leased the same to him by a former Lease Albeit there is a Rent issuing out of these Lands to the King yet neither A. nor B. can sue in this Court by any priviledge in Respect of the Rent for that the King can have no prejudice or Benefit thereby For whether A. or B. doth prevail yet must the Rent be paid And if this were a good Cause of Priviledge all the Lands in England holden of the King by Rent c. might be brought into this Court. But if Black-acre be extended to the King for Debt of A. as the Lands of A. and the King leaseth the same to B. for Years reserving a Rent C. pretends that A. had nothing in the Land but that he was seized thereof c. this Case is within the Priviledge of this Court for if C. prevail the King loseth his Rent The King maketh a Lease to A. of Black-acre for Years reserving a Rent and A. is possessed of a Term for Years in White-acre the King may distrain in White-acre for his Rent Yet A. hath no Priviledge for White-acre to bring it within the Jurisdiction of this Court Some are of Opinion that a Court of Equity was holden in the Exchequer-Chamber before the Stat. of 33 Hen. 8. And then it must be a Court of Equity by Prescription for we find no former Act of Parliament that doth create and establish any such Court And if it be by Prescription then Judicial Presidents in Course of Equity must guide the same As to the Jurisdiction certain it is that there hath been of ancient time an Officer of the Exchequer called Cancellarius Scaccarii of whom amongst other Officers of the Exchequer Fleta saith thus Officium vero Cancellarij est Sigillum Regis custodire simul cum controrotulis de proficuo Regni And the Mirror saith Perjure est per la ou il fuit Chancellor del Exchequer vea a tiel a fair luy Acquittance de tant que avoit payè al Eschequer de la deit le Roy south le Seal del Exchequer ou delay faire Acquittance de tiel jour tanque a tiel jour c. His ancient Fee is 40 Marks Livery out of the Wardrobe 12 l. 17 s. 4. d. in toto 39 l. 10 s. 8 d. See 15. Hen. 8. Cap. 16. The Exchequer hath a Chancellor and Seal and the Writs usual in the Chancery in the Exchequer to seize Lands are more ancient than Praerog Regis Hereunto it is collected that seeing there hath been timeout of mind a Chancellor of the Exchequer that there should also be in the Exchequer a Court of Equity In Rot. Par. 2 Hen. 4. we find a Petition of the Commons That no Writs or Privy Seals be sued out of the Chancery Exchequer or other place to any Man to appear