Protection he Governs the Navy Royal and decides all Civil and Criminal Causes in Sea Affairs whether done upon or beyond Sea in any part of the world on the Sea Coasts in all Ports or Havens and all Rivers beyond the First Bridg next towards the Sea Which Dignity is now executed by Commanders To the ADMIRALTY belong several Courts but this at Doctors Commons is the Principal or Supreme and it may not be improper in Treating of this Colledge to give a brief account of it for the rest the Reader is referred to the Present State of England In this Court called the COURT of ADMIRALTY he hath usually a Lieutenant called Judge of the Admiralty who is commonly some Learned Doctor of the Civil Law The proceedings in all Civil Matters are according to the Civil Law because the Sea is without the Limits of the Common Law and by Libel they proceed to the Action the Plaintiff giving Caution to prosecute the Suit and to pay what shall be Adjudged against him if he fail in the Suit the Defendant on the Contrary securing the Plaintiff by a sufficient Surety or Caution as the Judge shall think meet that he will appear in Judgment and pay what shall be Adjudged against him and that he will ratifie and allow all that his Proctor shall do in his Name whereby the Clients are well assured to obtain that which by Law shall be Adjudged to them let the Cause fall on which side soever They make use also of the Laws of Rhodes and Oleron whereof the former is an Island in the Mediâ—â—rranean Sea about 20 Miles distant from the Continent of Asia Minor and is now under the Turk the antient Inhabitants whereof by their mighty Trade and Power at Sea grew so expert in the Regulation of all Maritime Matters and Differences that their Determinations therein were esteemed so Just and Equitable that their Laws in such Affairs have ever since been observed for Oracles Those Laws were long ago incorporated into the Volumes of the Civil-Law and the Romans who gave Laws to other Nations for their Sea Affairs referred all Debates and Differences to the Judgment of these Rhodian Laws Oleron is an Island antiently belonging to the Crown of England seated in the Bay of Aquitaine not far from the Mouth of the Garonne where our Famous King Richard the first caused to be compiled such Excellent Laws for Sea-Matters that in the Ocean-Sea West ward they had almost as much repute as the Rhodian-Laws in the Mediterranean and these Laws were called La Rool d' Oleron What we have of the Rhodian-Law with the Comments thereon inserted by the old Juris-Consults in the Pandects and the Constitutions made by the Roman Emperors contained in the Code and in the Novelles still hold preheminence of all others Under this Court there is a Court of Equity for Determining Differences between Merchants Former Customs and Decrees are of Force also to decide Controversies The proceeding in Criminal Affairs as about Piracy is according to two Statutes made by H. VIII to be Tried by Witnesses and a Jury by special Commission of the KING to the Lord Admiral wherein some of the Judges of the Realm are ever Commissioners and the Trial according to the Laws of England directed by those Statutes All Causes that happen between the High and Low-Water-Mark are determinable at Common-Law because that place belongs then to the body of the Adjacent Country but when it is Full Sea the Admiral hath Jurisdiction there also so long as the Sea flows over matters done between Low-Water Mark and the Land as appears in Sir Henry Constables Case 5 Report Coke p. 107. For Regulating and Ordering His Majesties Navy Ships of War and Forces by Sea see those excellent Articles and Orders in Stat. 13. Car. 2. Cap. 9. The Writs and Decrees of this Court run in the Name of the Lord High Admiral and are Directed to all Vice Admirals Justices of Peace Mayors Sheriffs Bayliffs Constables Marshals and other Officers and Ministers of our Soveraign Lord the King as well within Liberties â—s without To this Court belongs a Register a Marshall who carries a Silver Oar before the Judge whereon are the Arms of the King and the Lord High Admiral The Lord High Admiral hath here his Advocate and Proctor and all other Advocates and Proctors are presented by them and admitted by the Judge This Court is held on the same day with the Arches but in the afternoon in the same Common-Hall at Doctors Commons But the Admiralty Session is held at St. Margarets-Hill in Southwark where it was antiently kept for the Tryal of Malefactors and Crimes Committed at Sea The Places and Offices of this Court are in the gift of the Lord High Admiral At Doctors Commons is another Court belonging to the Archbishop of Canterbury called the Prerogative Court which Judgeth all Estates fallen by Will or by Intestates It is so called because the Archbishop by vertue of his Prerogative hath this Power throughout the whole Province where the Party at the time of Death had 5 l. or above in several Diocesses All Citations and Decrees run in the Name of the Archbishop This Court is kept in the same Common-Hall in the Afternoon next day after the Arches and was heretofore held in the Consistory at Pauls The Judge is attended with a Register who sets down the Decrees and Acts of the Court and keeps the Records all Original Wills and Testaments of Parties Dying having Bona Notabilia c. The place is commonly called the Prerogative Office now kept in the Deans Court near St. Pauls Church-yard where for a Moderate Fee one may search for and have a Copy of any such Testament made since the Rebellion of Wat-Tyler and Jack-Straw which is above 300 years ago in the Reign of Richard the Second for by those Rebels many Records and Writings in London and other places were then burnt and destroyed The Places belonging to this Court are in the Gift of the Archbishop of Canterbury The Court of Delegates who upon every New Business have a New Commission and New Judges according to the Nature of the Affair is kept also in the same Common-Hall in the Afternoon the Day after the Prerogative But of this we have spoken something before the Citations and Decrees here run in the King's Name Of the College of Heralds Not far from the College of Doctors Commons stood the College of Heralds now Rebuilt It was an antient House Built by Thomas Stanley Earl of Derby who Married the Mother of King Henry the VII and was bestowed by Queen Mary on the King's Heralds and Pursuivants at Arms for ever to the end that they and their Successors might dwell together if they so pleased and Assemble Confer and Agree for the good Government of their Faculty and that their Records might there be safely preserved These are to be the Messengers of War and Peace they are skilful in Descents
peculiarly belonging to the Priest and were thence called Chancels This Court is Officina Justitiae the Fountain of all our Fundamental Laws and Proceedings in Law and the Original of all other Courts It is as antient as the Civility of the Nation though perhaps by another Name This Court proceeds either ordinarily according to the Laws Statutes and Customs of the Nation and in Latin granting out Writs Mandatory and Remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one The Equitable part is by Bills Answers and Decrees to Examin Frauds Combinations Trusts Secret Vses c. To moderate the Rigour of the Laws and Rescue Men out of the hands of their Oppressors To Relieve a Man especially in three things viz. against Cheats unfortunate Accidents and Breaches of Trust Out of this Court Issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any Person hath been Amerced too high are for a reasonable part of Goods for Widows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgments in inferior Courts Writs of Audita Querela and Scire Facias here are Sealed and Inrolled Letters Patents Treaties and Leagues with Foreign Princes Deeds between Party and Party touching Lands Estates or Purchasers taking Recognizances and making Extents upon Statutes and Recognizances for Payment of Money or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are between Subject and Subject hath its Original and Commission from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the Six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds only the Person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the Sole Judge whereas in other Courts there are three or four Judges But he may and doth often in Cases of greater Weight and Difficulty in Cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it has been frequently to their great Praise It is the highest Dignity in England that a Lay-Man is capable of it is Summum ambientis animi quasi solstitium and the Chancellor is Magistratum omnium Antistes Antiently the Lord Chancellor had somtimes his Vice-Chancellor commonly called Keeper of the Great Seal but of latter times they differ only in Name The Chancellor is said to be Keeper of the King's Conscience to Judge secundum aequum bonum according to Equity and Conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact Rigor and Letter of the Law whereunto other Judges are exactly tyed For the Princes of this Realm in imitation of the KING of Kings governing the Woâ—ld by Justice and Mercy have Erected two Supreâ—m Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy where in the Rigor of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the Quirks of Lawyers the more it is guided by Conscience and Equity The manner of proceeding in this Court is thus the Action is by Bill or Plaint the Witnesses Examined in private the Decrees in English or Latin not in French No Jury of Twelve Men but all Sentences are given by the Judge of the Court. The place of Master of the Rolls is of great Dignity in the Gift of the King for life or during pleasure This Officer hath Jure Officii the Gift of those considerable Officers of the Six Clerks in Chancery hath the keeping of the Rolls and in the absence of the Chancellor hears Causes and makes Orders by Vertue of a Commission with two Masters and that Jure Officii by right of Office This Court is always open whereas all the others are shut but only in Term time so that if a Man be wrongfully Imprisoned in the Vacation time out of Term the Lord Chancellor may Grant his Writ of Habeas Corpus and do him Justice according to Law so likewise may this Gourt Grant Prohibitions in time of Vacation as well as in Term time The Defendant is to Answer Bills and Interrogatories upon Oath though to the accusing of himself in divers matters Dammageable and Penal the Witnesses are to Depose upon Interrogatories and in perpetuam rei Memoriam by the Term and use of Final Decree agreeable with the Civil Law In the Master of the Rolls Office are kept all the Rolls since the beginning of King Henry the VII the rest are kept in the Tower of London In this Gift are besides the Six Clerks Office the Offices of the Examiners and three of the Clerks of the Petty-Bag-Office The Office of Clerk of the Crown is of High importance he is either by himself or Deputy continually to attend the Lord Chancellor for special matters of State and hath place in the Higher House of Parliament He makes all Writs for Election of Members of Parliament Sitting in Parliament upon Warrant directed to him upon the Death or Removal of any Member and also Commissions of Oyer and Terminer Goal-Delivery Commissions of Peace and many other Commissions distributing Justice to His Majesties Subjects The Office of the Protonotary of this Court is chiefly to expedite Commissions for Embassies The Office of the Clerk of the Hanaper or Hamper is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal daily in Term time and at all times of Sealing with Leather Bags now but antiently probably with Hampers wherein are put all the Sealed Charters Patents c. And then those Bags delivered to the Comptroller of the Hamper The Office of Warden of the Fleet or Keeper of the Fleet-Prison is very Considerable He is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt of the King or His Laws on such as will not pay their Debts c. The Sergeant at Arms Office is to bear a Gilt Mace before the Lord Chancellor or Keeper for the time being The Six Clerks are Officers of great account next in Degree to the Twelve Masters in Chancery whose Office is to Inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are Attorneys for Plaintiffs and Defendants in Causes depending in this Court Their Offices are at a place
of the said Doctors in a most Capacious and Beautiful manner where they keep their Courts and pleadings every Term which begins and ends almost at the same time with the Term at Westminster The Chief Court is that of the Arches so called from the Arched Church of St. Mary-le-Bow in Cheapside where this Court was wont to be held but now in the Common-Hall at Doctors Commons the Judge whereof is called the Dean of the Arches having Jurisdiction over a Deanry consisting of thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical matters within the Province of Canterbury to this belong divers Advocates all Doctors of the Civil Law two Registers and ten Proctors The Dean or Judge of the Arches sitteth alone without any Assessors and Heareth and Determineth all Causes without any Jury of Twelve Men. The manner is briefly thus Fist goes out a Citation then a Bill and Answer then by Proofs Witnesses and Presumptions the matter is Argued pro and con and the Canon and Civil Laws quoted and then the Definitive Sentence of the Judge passeth and upon that Execution But by Statute 25 Henry the VIII it was provided that it shall be Lawful for any Subject of England in Case of Defect of Justice in the Court of the Archbishop of Canterbury to Appeal to the King's Majesty in His Court of Chancery and that upon such an Appeal a Commission under the Great Seal shall be directed to certain Persons particularly Designed for that business so that from the Highest Court of the Archbishop there lyes an Appeal to this Court and beyond it to none other It is called the Court of Delegates and in Civil Affairs is the Highest Court in England Ecclesiastical Criminal Causes are Tried by way of Accusation Denunciation or Inquisition The first When some one takes upon him to prove the Crime The second When the Church-Wardens Present and are not bound to prove because it is presumed they do it without Malice and that the Crime is Notorious Thirdly By Inquisition when by reason of Common Fame inquiry is made by the Bishop ex Officio suo by calling some of the Neighborhood or the Party Accused to their Oaths But this Oath ex Officio was taken away by Parliament in the time of King Charles the First If the Party Accused after Admonition submits not he is Excommunicated from the Church and is disenabled to be a Plaintiff in a Law Suit c. Which is called Excommunicatio Minor Excommunicatio Major excludes from the Church and from Society in Temporal Affairs and that for Heresie Schism Perjury Incest or such grievous Crimes then a Man cannot be Plantiff or Witness in any Civil or Ecclesiastical Court. And if he continues Excommunicated 40 Days the King 's Writ de Excommunicato capiendo is granted out of the Chancery against him whereupon he is cast into Prison without Bail there to lye till he hath submitted to the Bishop and satisfied for what he is charged with by which many tender Consciences have suffered deeply There is an Anathematismus inflicted upon an obstinate Person that is Judged an Heretick wherein he is Curs'd and Rejected to Damnation There is also an Interdict Prohibiting all Divine Offices to a Place or People if against a People it follows them any where if against a Place the People may go elsewhere to hear Somtimes a Person Adjudged a Delinquent is punished another way which is called Publick Pennance and is to stand in the Church-Porch upon Sunday bare Headed and bare Footed in a White sheet and a White Rod in his Hand then he is to go into the Church and his Crime being publickly repeated and he professing Repentance is Absolved but in some Cases the Party may come off for Money to the Poor or some Pious Use which is not always converted that way Christian Burial is denyed to Persons Excommunicate or Perjured to such as are Hang'd for Felony or Kill themselves to Apostates Hereticks and Extortioners Somtimes the Clergy Men are suspened ab Officio viz. from the Exercise of their Functions somtimes there is a Deprivatio a Beneficio when deprived of their Livings somtimes they are Degraded that is Deprived of their Orders which is commonly for some Heinous Crime So much Briefly of these Censures and Punishments The Office of Actuary attending the Court of Arches is to set down the Judges Decrees Register the Acts of the Court and send them in Books of the Registry The Office of the Register is to Attend the Court by himself or Deputy and receive all Libels or Bills Allegations and Exhibits of Witnesses Files all Sentences and keeps the Records of the Court. The Beadle attends the Court carryeth a Mace before the Judge and calls the Persons Cited to appear The Judge and all the Advocates who are all Doctors of the Civil Law wear Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Miniver Furr if of Cambridge and the Proctors ought to wear Hoods lined with Lamb skin if not Graduates but if Graduates Hoods according to their Degree The Proctors are Persons that Exhibit their Proxies for their Clients and make themselves Parties for them and draw and give in Pleas or Libels and Allegations in the behalf of their Clients produce the Witnesses prepare the Causes for Sentence and and attend the Advocates with the proceedings All Arguments made by Advocates and all Petitions made by Proctors are to be in Latin All process of this Court runs in the Name of the Judge and returnable before him heretofore in Bow-Church but now in the Common-Hall at Doctors Commons The Places and Offices of this Court are in the Gift of the Archbishop of Canterbury These Ecclesiastical Laws consist of Canons made by General Councels the Opinion of Fathers the Decrees of several Bishops of Rome formerly admitted and our own Constitutions made antiently in several Provincial Synods which by 25 Henry VIII are in Force so far as they are not Repugnant to the Laws and Customs of England or the King's Prerogative Then the Canons made in the Convocations of latter times as Primo Jacobi and confirmed by him some Statutes Enacted by Parliament and divers old Customs not written but yet in use and where these fail the Civil Law takes place Amongst the Great Officers of the Crown which are Nine viz. the Lord High Steward of England the Lord High Chancellor the Lord High Treasurer the Lord President of the KING's Council the Lord Privy Seal the Lord Great Chamberlain the Lord High Constable the Earl Marshal and the Lord High Admiral of England The last only appertains to this place his Trust and Honour is so great that it has been usually given to the KING 's Younger Sons near Kinsmen or some of the Highest and Chiefest of all the Nobility He has the management of all Maritime Affairs as well in respect of Jurisdiction as