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A81194 A compendium of the laws and government ecclesiastical, civil and military, of England, Scotland & Ireland and dominions, plantations and territories thereunto belonging, with the maritime power thereof, and jurisdiction of courts therein. Methodically digested under their proper heads. By H.C. sometime of the Inner Temple. Curson, H. (Henry) 1699 (1699) Wing C7686A; ESTC R231895 237,927 672

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The Grant of Earl Marshal of England by Letters Patents of Rich. the 2d and other Grants thereof you may see more at large Coke's 4 Institutes cap. 17. The Maritime Power of England ALL the King 's Maritime Forces are under the Command of the Lord High Admiral of England so called from Amir in Arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek that is Praefectus Marinis A compound word from the Eastern Empire introduced into England after the Wars in the Holy Land by King Richard or King Edward the first His Patent was antiently Angliae Hiberniae Acquitaniae Magnus Admirallus But now it is Angliae Hiberniae Dominiorum Insularum eorundem Villae Calesiae Marchiarum ejusdem Normandiae Gasconiae Acquitaniae Magnus Admirallus Praefectus Generalis Classis Marium dictorum Regnorum And this Office for the Great Trust and Honour is usally given to the King 's younger Son near Kinsman Or one of the Principal Nobility He hath power to Commissionate a Vice-Admiral a Rear-Admiral All Sea Captains And also Deputies for particular Coasts Coroners Commissioners and Judges for the Court of Admiralty to Imprison Release c. and sometimes to confer Knighthood on such as deserve it at Sea To him by Law and Custom belong Penalties and Amerciaments of Transgressors at Sea on the shore in Ports and from the first Bridge on Rivers towards the Sea Also the Goods of Pirates Felons or Capital Faulters condemned Outlawed or Horned All Waifs Strays Goods Wrecks of Sea Deodands a share of lawful Prizes Lagon Jetsam and Flotsam that is Goods lying in the Sea on the Ground Goods Floating on the Sea and Goods cast by the Sea on Shore not granted to Lords of Mannors adjoyning to the Sea All great Fishes as Sea-Hogs and others of Extraordinary bigness called Royal Fishes Except Whales and Sturgeons To the Crown of England belongs the Sovereignty of the Narrow-Sea round the Island of Great Britain whereof by Ancient Right it hath had Possession in all times and King Edgar stiled himself Sovereign of the Narrow-Seas In Testimony whereof the Swedes Danes Hollanders c. were wont to aske leave to pass the British-Seas and to take Licenses to Fish therein And to this day Strike Sail to all the Ships of War belonging to the King of England as oft as they pass by any of them thereby acknowledging his Sovereignty according to an Ordinance made at Hastings in Sussex by King John about 450 years ago To maintain this Right Protect Trade and Defend their Kingdoms The Kings of England have Ships of War for Strength Beauty and Sailing Surpassing all other in the World of these such as Ships then were King Edgar is said to have 3600 And the late King Charles had 7 of the First Rate 9 of the Second Rate 22 of the Fifth and 18 of the Sixth Rate besides 30 Fireships and several Small Vessels for Tenders and Victuallers The Royal Sovereign Built by King Charles the first 1637 being of the First Rate was in Length by the Keel 127 Foot in Breadth by the Beam 47 Foot in Depth 49 Foot her Draught of Water 21 Foot Burthen in all 2072 Tunns and 1492 Tunns besides Guns and Tackle hath 6 Anchors the biggest 6000 l. weight and the least 4300 l. weight 14 Cables the greatest 21 Inches compass and weighs 9000 l. weight the least 8 Inches compass weighing near 1300 l. weight 18 Masts and Yards the Main Mast 113 Foot long and 38 Inches Diameter the Main Yard 105 Foot long and 23 Inches Diameter and her Main Top 15 Foot Diameter Had 10 several sorts of Sails Her greatest called the Main Course contained with her Bonnet 1640 yards of Canvas Ipswich double The least called the Foretop Gallant Sail 130 yards of Canvas The compleat suit cost 404 l. The weight of Sea store in point of Ground Tackle and other Cordage 60 Tuns 800 and odd Pounds Shee carried a Long boat of 50 Foot a Pinnace of 30 Foot and a Skiff of 27 Foot long The weight of her Rigging 33 Tun She hath 3 Tires of Guns 44 in the Upper 34 in the Second and 22 in the Lower Tire in all 100 Guns She carried Officers Soldiers and Mariners in all 850 Men. The charge for Victuals Ammunition Wages Wear and Tear every Month at Sea costs 3500 l. The Charge of Building a First Rate Ship with Guns Tackle and Rigging doth usually amount to 62432 the lesser Rates Charge is proportionable A Second Rate carries from 56 to 80 Guns A Third Rate from 58 to 70 Guns A Fourth Rate from 40 to 60 Guns A Fifth Rate from 24 to 32 Guns A Sixth Rate from 6 to 18 Guns The Lord High Admiral may fitly be reputed Vice-Roy of the Maritime Kingdom of England Nam in Mari sunt Regna distincta idque Jure Gentium sicut in arida Terra The Vice-Admiral is an Officer to whom next under the High Admiral it belongs to see the Royal Navy kept in good Repair The Wages of Mariners and Shipwrights duly paid and the Ships provided of all things necessary The Lord High Admiral doth appoint in divers parts of the Kingdom Vice Admirals with their Judges and Marshals by Patent under the Great Seal of the Admiralty These do Exercise Jurisdiction in Maritime Affairs within their Limits and if any be aggrieved by their Sentence or Decree he may Appeal to the High Court of Admiralty and of these round the Coasts are about 22 in England and Wales The Lord High Admiral hath Courts for the Maritime Affairs whereof the Principal is at London and called The Court of Admiralty IN this Court Erected as some hold by Edward the Third The Lord Admiral hath a Lieutenant called Judge of the Admiralty who is commonly some Learned Doctor of the Civil Law Because The Proceeding is in all Civil Matters according to the Civil Law The Sea being 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 therein The Defendant also giving Security or Caution as the Judge shall think meet that he will appear in Judgment and pay that which shall be adjudged against him and that he will ratify whatever his Proctors shall do in his name Besides the Civil Law The Laws of Rhodes and Oleron are here used The former for their Excellency being Incorporated into the Volumes of the Civil Laws And Oleron being an Island in the Bay of Aquitain belonging to the Crown of England King Richard the first there Compiled such Excellent Laws for Sea Matters that in the Ocean Sea Westward they had almost as much Repute as the Rhodian Laws in the Mediterranean and these Laws were called La Rool de Oleron Many Statutes and Ordinances were made by King Edward the Third and other Princes and People as at Rome Pisa Genoa Marseilles Barcelona and
Messina yet that Fragment of the Rhodian Law still extant holds the Preeminence in Maritime Affairs The Customs and former Decrees of the English Court of Admiralty are there of Force for deciding Controtroversies And under this Court there is also A Court of Equity for determining Differences between Merchant and Merchant In Criminal Affairs which is most commonly about Piracy The Proceeding in this Court was by Accusation and Information by a Man 's own Confession or by Eye witnesses he was found Guilty before he could be Condemned But that being found inconvenient there were two Statutes made by King Henry the Eighth that Criminal Affairs should be Tried by Witnesses and Jury and that by Special Commission from the King to the Lord High Admiral wherein some of the Judges of the Realm are ever Commissioners and the Tryal according to the Laws of England directed by those Statutes as is herein after mentioned Between the Common Law of England and the Civil Law there seems to be Divisum Imperium For in the Sea so far as the Low Water mark is counted Infra Corpus Comitatus adjacentis and Causes there arising determinable by the Common Law yet when the Sea is full the Admiral hath Jurisdiction there also so long as the Sea Flows over Matters done between the Low Water mark and the Land as appears in Hen. Constables Case Coke's 5 Rep. fol. 107. But for these Limitations and Jurisdictions of the Court of Admiralty see the Statutes above mentioned And the Statute of 13 R. 2. 15 R. 2. 27 Eliz. cap. 11. Coke's 4 Inst cap. 22. And for regulating his Majesties Navies Ships of War and Forces by Sea Vide le Statute of 13 Car. 2. cap. 9. And now as pertinent hereunto we shall say somewhat of The Navy Office THe Treasurer is to Receive out of the Exchequer by Warrant from the Lord High Treasurer of England and pay all charges of the Navy by Warrant from the principal Officers of the Navy his Salary is 220 l. 13 s. 4 d. besides 3 d. in the pound of all Moneys paid by him The Comptroller of the Navy who is to Attend and Comptrol all Payment of Wages To know the Market Rates of all Stores belonging to Shipping To Examine and Audit all Treasurers Victuallers and Store-keepers Accompts c. his Salary 500 l. per Annum The Surveyor of the Navy whose Office is generally to know the State of all Stores and see the wants supplied to find Hulls Masts and Yards and Estimate the value of Repairs by Indenture to charge all Boat-swains and Carpenters of his Majesties Navy with what Stores they receive and at the end of each Voyage to State and Audit their Accompts his Salary 490 l. The Clerk of the Acts is to Record all Orders Contracts Bills Warrants and other Transactions by the Principal Officers and Commissioners of the Navy The Commissioners of the Navy whose Office is as above specified and Salary to each is 500 l. yearly Two other Commissioners to be at Portsmouth and Chatham always in readiness to give Orders for better Management of his Majesties Affairs in his Yards and Store-houses Salary to each 350 l. Each of these Officers above-named have Two Clerks and some more all paid by the Treasurer of the Navy All hold their Places by Patent from the King and most of them during pleasure The King hath for his Navy Royal and Stores Four Great Yards or Store-Houses viz. at Chatham Deptford Woolwich and Portsmouth where his Ships are built Repaired and Laid up after their Voyage In which Yards are employed Divers Officers of which Six are principal The Clerk of the Check Salary about 180 l. per Annum Store-Keepers Salary 286 l. per Annum Master Attendants Two at Chatham 100 l. per Annum Master Shipwright Salary about 113 l. per Annum Clerk of the Comptooll 100 l. per Annum Clerk of the Survey 140 l. per Annum The Charges of their Clerks and Instruments are included in their Salaries His Majesty hath Divers Rope-Yards as at Chatham Deptford VVoolwich and Portsmouth where are made the Cable and Cordage for his Navy In time of War the King hath a Yard at Harwich where out of War is continued An Officer at 100 l. yearly This whole Navy Office is govern'd by The Lord Admiral whose Lieutenant Admiral hath Salary 20 s. per diem and 10 l. per Mensem for each Servant whereof he is allowed 16. The Lord Admiral 's Secretary hath a Salary from the King of 500 l. per Annum All the Under Officers as well those in Yards as those belong to Ships hold their Places by Warrant from The Lord High Admiral of England The Ordinary Charge of the King's Navy in time of Peace is scarce 70000 l. per Annum besides the Building of Ships Setting out Fleets c. which some years even in Peaceable Times amounts to 12 or 1300000 l. more as may easily be computed The Court of Commission by force of the Statute of 28 H. 8. cap. 15. THis Court must be held coram Admirallo Angliae seu ejus Locum tenente and Three or Four such other substantial Persons as shall be Named by the the Lord Chancellor Their Jurisdiction is to hear and determine all Treasons Felonies Robberies Murders and Confederacies committed or done upon the Sea c. These Offences shall be heard and determined according to the Common Law and therefore some of the Judges of the Realm are ever in Commission The Mischief before making this Statute you may see Co. 3 Inst cap. Piracy Vide Co. 4 Inst The Port Courts A Port-Mote is a Court kept in Haven Towns or Ports and thereof taketh his Name Curia Portus Portus à portando Est locus in quo Exportantur Importantur Merces and they are Portae Regni The Gates of the Realm Hitha and Heda often in Doomsday is taken for a Haven or Port anciently written Hafne and now Haven and hereof cometh Queen-Hith in London and Lambhith Every Haven is within the Body of the County whereof see more in Coke's 4th Institutes Court of Admiralty and the Statute of 43 Eliz. cap. 15. Commissioners and others for Beacons Signs of the Sea Light-Houses Sea-Marks and concerning Watches BEacon is from the Saxon Bechan which is Signum dare and we use the word to Becken at this day Before Edward the Third they set Stacks of Wood in High Places but in his time Pitch Boxes as now they be were set up and this is properly called a Beacon Light-Houses Ignes Speculatorij seu Lumen Maritimum are properly to direct Sea-faring Men in the Night when they cannot see Marks and these also Signa speculatoria sui Pharus unde Versus Lumina Noctivagae tollit Pharus aemula Lunae Sea-Marks as Steeples Churches Castles Trees and such like for direction of Seafaring Men in the Day time are called signa Marina or Speculatoria or signa Nautis whereof Virg. 5 Aeneis Hic
Law-Books lately Printed for J. Walthoe in the Temple Cloysters 1 COke's Reports with References to all the Ancient and Moder● Books of the Laws in 11 Vol. Fol. 2. Dalton's Countrey Justice with large Additions Fol. 3. Cases argued and decreed in the High Court of Chancery Fol. 4. A Collection of the Orders relating to the Practice of the Courts of Chancery and Exchequer 12mo 5. The Law of Common and Commoners or a Treatise shewing the Original and Nature of Common 8vo 6. The Method of Pleading by Rule and President 8vo 7. The Compleat Sheriff wherein is set forth his Office and Authority together with that of a Coroner 8vo 8. A View of the Penal Laws concerning Trades Professions and Traffick and what Offences are punishable in the Crown Office 12mo 9. The Abridgement of the Statutes of King William 8vo 10. Bridgman's Conveyances is now in the Press and will be speedily published with Additions Fol. 11. Tryals per Pais or the Laws of England concerning Juries 8vo A COMPENDIUM OF THE Laws and Government Ecclesiastical Civil and Military OF ENGLAND SCOTLAND IRELAND AND DOMINIONS Plantations and Territories Thereunto belonging WITH THE Maritime Power thereof AND Iurisdiction of Courts THEREIN Methodically Digested under their Proper Heads By H. C. sometime of the Inner-Temple LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold by Iohn Deeve at Bernard's-Inn-Gate in Holbourn 1699. THE PREFACE TO THE READER AT my first Entrance into the Study of the Laws of England knowing Method and Order conduce much to the enlightning of the Vnderstanding rendring things more perspicuous and comprehensive to the discerning Judgment and sitting them better for the retaining Memory I resolved to observe a Regular Course and therefore searched for such Authors and endeavoured to make use of such Means as might best correspond with my Design therein But among the several Treatises of the Laws and Government of this Kingdom and Jurisdiction of Courts heretofore written by several Eminent and Learned Men finding none were so compleat nor had that Beauty of Order and Vniformity at might be expected And the Lord Coke in the Epilogue to his Fourth Institutets concerning the Jurisdiction of Courts desiring the Wise-hearted and Expert Builders would amend both the Method and Vniformity and the Structure it self where they should find any Deficiency in the Architecture and considering that great Alterations have been made since by divers Acts of Parliament and otherwise I was enduced to compile this Methodical Compendium of the Laws and Government of England and the Dominions thereunto belonging to direct and facilitate my farther Studies But the Importunity of some having prevailed with me to promise contrary to my first Intention and Inclination to make it Publick If it prove beneficial to others it will surmount all the Ambition may be thought to be in Yours To the extent of his Power H. Curson A Table of Contents Governments in General ORiginal of Government Pag. 1 Law is General Pag. 4 Law Eternal ibid. ●aw of Reason Pag. 5 Divine Law Pag. 6 Humane Law Pag. 7 Fundamentals of the Laws of England Pag. 8 The Government of England The Government of England Pag. 22 The King ibib Privy Council ibid. Ecclesiastical Government of England Ecclesiastical Government Pag. 28 Convocation Pag. 32 Executive Power in Causes Ecclesiaical Pag. 36 High Commission Court Pag. 36 Court of Arches Pag. 39 Court of Audience ibid. Court of the Faculties Pag. 40 Prerogative Court of Canterbury ibid. Court of Peculiars 41 Consistory Courts of Archbishops Bishops 42 Court of the Archdeacon or his Commissary 44 Court of Delegates 44 Laws and Constitutions Ecclesiastical 45 Trials Ecclesiastical in Civil Causes 46 Trials Ecclesiastical in criminal Causes 46 Punishments by Ecclesiastical Courts 47 Punishments Ecclesiastical peculiar to the Clergy 49 Civil Government of England Civil Government of England 51 High Court of Parliament 51 535 Executive Power in Temporal Affairs 80 Court of the High Steward of Eng. 81 539 High Court of Chancery 90 Court of extraordinary Jurisdiction 93 Court of the Star-Chamber 104 Court for Redress of Delays of Judgment in the King 's great Courts 108 Court of Kings Bench 113 Court of Common Pleas Court 121 Court of the Exchequer 127 Court of Inquiry to certifie untrue Accompts in the Exchequer 140 Court of Equity in the Exchequer 141 544 Office of the Pleas in the Exchequer 142 Courts of Justices of Assize Nisi-prius 144 Court of Justices of a Oyer and Terminer 153 Court of special Justices of Oyer and Terminer 166 Money collected for the Houses of Correction or for the Poor 166 Colledges Hospitals or Alms-houses or for charitable and lawful Purposes and Uses 167 Court of Justices of Goal-delivery 169 Court of Justices of the Forrest 175 Court of Justices in Eyre 193 Court of Justices of Trailbaston 195 Court of Wards and Liveries 196 Court of Ancient Demesne 196 559 Court of Commissioners of Sewers 198 569 Court of Commissioners upon the Statute of Bankrupts 201 573 Commissioners for Examination of Witnesses 203 578 King's Swanherd 204 587 King's Aulnager 205 590 The Government of Counties in England 207 Court of the Sessions of the Peace 210 Court of Inquiry of the Defaults of Justices of the Peace Justices of Assize Sheriffs and Under-Sheriffs 222 The Execution of Laws in each County ibid. Court of the Tourn 223 595 Court Leet or View of Frankpledge 224 597 County Court 228 615 Court of the Hundred 233 630 Court Baron 235 632 Coroners Court 237 635 Court of Escheators and Commissioners for finding of Offices 239 635 Court of the Clerk of the Market 241 Court of Pipowders 246 Court of the Dutchy-chamber of Lancaster at Westminster 247 Courts of the County Palatin of Chester 251 Court of the County Palatin of Durham 252 Royal Franchise of Ely 254 Court of the County Palat. of Pembroke 255 Franchise of Hexam and Hexamshire 255 Courts of the Cinque-Ports 256 President and Council in the North 258 The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland 260 Court of Stannaries in the Counties of Devon and Cornwall 261 Court of the Mayor of the Staple 263 The Principality of Wales The Principality of Wales 266 Court of the President and Council of Wales 269 The great Sessions in Wales 270 Military Government of England Military Government of England 275 Court of Chivalry before the Constable and Marshal 279 Colledge of Heralds 283 Maritime Power of England Maritime Power of England 287 Court of Admiralty 292 638 Navy Office 295 Court of Commission by force of the Statute 28 H. 8. Cap. 15. 298 Port Courts 298 Commissioners and others for Beacons Signs of the Sea Light-houses Sea-marks and concerning Watches 299 De Conservatore Treugarum i. e. Induciarum c. 302 Court of the King of England Court of the King of England 308 Ecclesiastical Government of the King's Court
that there need not be any Written Law had thereof And we find so many Secundary Reasons in the Laws of England that many are willing to affirms the whole Law of England to be proved by Reason which notwithstanding is by no means to be affirmed as by another Example By a certain Statute it is Ordained That he who hath abjur'd the Realm whilst he is in the publick High-way shall be in peace with our Lord the King and not in any sort molested and by the Custom of the Kingdom he is to be conducted from Town to Town by the Constables c. to the Sea-port c. Now if he Escape the Constable ought not to be charged to the King because by reason of the Statute he could not keep him in safe Custody or use any Force or Imprisonment whereby he might be kept in safe Custody and the Reason is grounded upon that Statute And some say Robbery is to be prohibited from Reason Primary even before the Law of Property for that it was not Lawful even when all things were in Common to take any thing from another by force or to throw him out of his Habitation but that such Robbery is to be punished with Death is from the Custom of the Law of England Also from the General Law of Property aforesaid by the Laws of England are excepted Birds Wild beasts and Beasts of Warren in which by the Laws of England is no Property to any One unless they be Tame yet nevertheless by the Laws of England in the Eggs of Herons and such like Building in the Woods of any is a Property And for that every Deduction of Reason in the Laws of England proceeds from the first Principles or from somewhat from those Principles derived no Man althô the most Wise can Judge justly or Argue rightly in the Laws of England if he know not these Principles The Second Fundamental of the Law of England is Lex Divina whereby to punish the Transgressors against the Divine Law The Law of England in many Courts of our Lord the King doth Inquire of Hereticks Also if any Statute be made or set forth against them as that none shall give Alms it ought to be of no force also Persons Excommunicated in the Laws of England may not Prosecute nor have Communication with others whilst the Excommunication is certified And from the same Fundamental the Law of England admits the Spiritual Jurisdiction of Tithes and other things which do of right belong to the Ecclesiastical Jurisdiction and receives Canonical or Ecclesiastical Laws Quae non Excedunt potestatem ferentis so that in many Cases it behoves the Kings Justices to Judge according to the Laws of the Church As if the Law of the Church be that the Sentence of Divorce is not in force till it is affirmed upon Appeal The Judges of our Lord the King shall form their Judgment according to the Laws of the Church And if A. B. and C. D. have Goods and Chattels joyntly and A. B. by his last Will give his part to E. F. the Ecclesiastical Judges are bound in this case to adjudge this Will void The Third Fundamental of the Law of England is the General Customs of the Kingdom which are divers General Customs used and approved of in Ancient time throughout the whole Kingdom of England and who attempts any thing against them Works against Law and Justice And these are properly called the Common Law and ought always to be determined by the Judges whether a General Custom or not and not by the Country and of these and other Principles or Maxims a great part of the Law of England depends and therefore the King by his Coronation Oath promiseth inter alia that he will faithfully observe all the Customs of the Kingdom and the Ancient Customs of the Kingdom is the Original and Foundation of divers Courts in the same Kingdom Whereof one is The Chancery of the Kingdom in which inter alia Writs original are obtained directed to other Courts of the King another The Kings-Bench in which are handled all Treasons Murders Homicides Felonies and other things done against the Kings Peace another Court is called The Common Bench in which Common Pleas are handled That is to say of Lands and Tenements Debts and Chattels and such like another Court is called The Kings Exchequer in which are handled divers matters touching the King alone as of Sheriffs Escheats or Receivers Bayliffs and other the Kings Officers and the like and these are called Courts of Record because those who preside as Judges ought to be assigned by the Kings Letters Patent and these Courts have many and divers other Authorities of which we shall speak more hereafter in their proper places and likewise of divers other Courts of inferiour Authority in the Kingdom of England And althô in divers Statutes and Books mention is made of the Authority of these Courts yet we have no written Law of their Institution for their Institution depends upon the Custom of the Kingdom which hath so great Authority that they may not be altered or their Names changed or altered but by Act of Parliament Also there is an Ancient Custom which is confirmed by the Statute of Marlebridge That all shall do and receive Justice in the Kings Court and another that none shall be put to Answer or be judged but according to the Law of the Land and this is confirmed by Magna Charta And there are other General Customs in the Kingdom of England which retain the force of Law as that the eldest Son shall succeed the Father in the Inheritance and many more not here to be recited From whence it appears that Customs in the Laws of England may not be proved by Reason alone for how can it be proved by Reason that the Husband shall have the Wife's Land for Term of his Life as Tenant by that Law and that the Wife shall have only the Third part scilicet that it shall be so done and not otherwise And it is certain that the Law of Property is not the Law of Reason but a Customary Law and ought to be accounted amongst the General Customs of the Kingdom and there is not any Statute or written Law of the Institutions of the Customs of the Law of England but according to the Skilful in the Law of England The Ancient Customs of the Law of England are of themselves of sufficient Authority and the Customary Law is the most firm Law provided such a Custom be not against the Law of God or the Law of Reason The Fourth Fundamental of the Law of England consists of Divers Principles which the Learned in the Law call Maxims always esteemed and held for Law of this Kingdom of England which none Learned in the Law may contradict because every one of them gives Faith or Credit to it self and whether a Maxim or not is to be tried by the Judges as before is said of General Customs of
vel Cont●nuum Regis Concilium This is the Hig● Watch-Tower wherein the King an● his Nobles Counsellors survey all h●● Dominions and sometimes all the D●minions of the World Consulting th● Honour Defence Profit and Peace 〈◊〉 his People and their Protection fro● Violence or Injuries either at home 〈◊〉 from abroad And these Privy Counsellors by the Custom of the Kingdom being part of the Fundamental Laws of England as before is mentioned are such as the King pleaseth to choose and are made without Patent or Grant being only Sworn that according to their Power and Direction they shall truly justly and evenly Counsel and Advise the King in all Matters to be treated in His Majesties Council and shall keep Secret the Kings Council c. And they are so to continue during the Life of the King or during the Kings Pleasure And these Lords of the Privy Council are as it were incorporate with the King in bearing the burthen of his Cares wherefore the Striking in the House or Presence of a Privy Counsellor shall be grievously Fined Conspiring his Death by any within the Cheque-Roll is Felony and Killing any one of them is High Treason And although before the latter end of Henry the Third Quod provisum fuit per Regem Consilium suum Privatum Sigilloque Regis Confirmatum proculdubio Legis habuit vigorem saith Spelman yet at present they take Cognizance of few Matters that may well be determined by the known Laws and Ordinary Court of Justice The President of this Council was sometime called Principalis Conciliarius and sometimes Capitalis Conciliarius and this Office was never granted but by Letters Patent of the Great Seal durante bene placito and is very ancient for John Bishop of Norwich was President of the Council Anno 17 Regi● Johannis Dormivit tamen hoc Officium regnante magna Elizabetha The Lord President is said in the Statute of 21 H. 8. cap. 20. to be attending upon the King most Royal Person and the reason o● his attendance is for that of latter times he hath used to report to the King the Passages and the State of the Business at the Council Table Next to the President sitteth in Council c. The Lord Privy Seal who besides his Oath of a Privy Counsellor taketh a particular Oath of the Privy Seal which consisteth of four parts First That he justly exercise the Office of Keeper of the King 's Privy Seal to him committed Secondly Not leaving so to do for Affection Love Doubt or Dread of any Person Thirdly That he shall take special regard that the said Privy Seal in all places where he shall go to may be in such substantial wise used and safe kept That no Person without the Kings Special Command or Assent shall Move Seal or Imprint any thing with the same Fourthly Generally he shall observe fulfil and do all and every thing which to the Office of the Keeper of the Kings Privy Seal duly belongeth and appertaineth This is an Office of great Trust and Skill That he put his Seal to no Grant without Warrant nor with Warrant if it be against Law undue or inconvenient but that first he acquaint the King therewith Upon the Lord Privy Seal are attendant four Clerks of the Privy Seal How the Kings Grants Writings and Leases pass the three Seals viz. The Privy Signet the Privy Seal and the Great Seal and the Duties of the Clerk of the Privy Signet and Privy Seal and what Fees shall be paid and where none at all c. and many Articles concerning the passing of the Kings Grant c. you may Read in the Stat. of 27 Hen. 8. This Officer is named in some Statutes Clerk of the Privy Seal in others Garden del Privy Seal and in the Stat. 34 Hen. 8. Lord Privy Seal By Stat. 11. R. 2. cap. 10. It is provided That Letters of the Signet nor of the Kings secret Seal shall be from henceforth sent in Damage or Prejudice of the Realm nor in Disturbance of the Law It appeareth by Writs and Records of Parliament that the High Court of Parliament is resolved to be holden by the King Per advisamentum Consilij sui viz. by advice of his Privy Council Acts and Orders of Parliament for the Privy Council and other things concerning them in the Rolls of Parliament you may Read in the Statutes and Originals at Large mentioned in Cokes 4. Inst. cap. 2. No Lo●d of Parliament takes any place of Precedency in respect he is a Privy Councellor but under that Degree such place a Privy Councellor shall take as is set down in Serie ordinum tempore Hen. 7. The King by advice of his Privy Council doth publish Proclamations binding to the Subject provided they be not against Statute or Common Law The Privy Councellors sit in order Bareheaded when the King Presides and the lowest declares his Opinion first and the King last declares his Judgment and thereby determins the matter For their Precedency and Place see the Statute of 31 H. 8. directing the same The time and place of holding the Council is wholly at the Kings pleasure which is seldom or never held without the presence of One of The Secretaries of State of which since the latter end of the Reign of H. 8. there have been Two both of equal Authority and both styled Principal Secretaries of State these every day attend upon the King and receive and make dispatch of the Petitions and Desires of the Subjects at home and for Foreign matters The Sectetaries have the Custody of the Kings Seal called the Signet which gives denomination to an Office constantly attending the Court called The Signet Office wherein Four Clerks prepare such things as are to pass the Signet in order to the Privy Seal or Great Seal The Four Clerks in Ordinary of the Privy Council are to Read what is brought before the Council and draw up such Orders as the King and Lords shall direct and cause them to be Registred And belonging to the Secretaries is The Paper-Office where all Paper-Writings and publick Matters of State and Transactions of Ministers abroad and what passes the Secretaries is transmitted and kept And now we proceed to The Ecclesiastical Government THe King being Chief Person as being Persona Sacra Mixta cum Sacerdote is the Supream Bishop of England For at his Coronation by a solemn Consecration and Unction he becomes a Spiritual Person Sacred and Ecclesiastical having both Corona Regni Stola Sacerdotis put upon him He is Patron Paramount of all Ecclesiastical Benefices to whom the last Appeal in Ecclesiastical Affairs is made and who alone hath the Nomination of all Persons for Bishopricks and Chief Dignities and Deaneries and some Prebends in the Church c. And next to the King are the Primates Metropolitans or Archbishops one of Canterbury the other of York each of which have their peculiar Diocess besides a Province of several Diocesses and
the Dean 〈◊〉 the Chappel Royal and Dean of th● Chappel of St. George at Windsor Mo●●over some Deans there are without a●● Chapter yet enjoying certain Juri●dictions as the Dean of Croyden th● Dean of Battel and the Dean of Bo●●ing c. The Consistory Courts of Archbishops and Bishops THe Consistory Courts of every Archbishop and Bishop of every Dioce●● in Ecclesiastical Causes is holden befo●● his Chancellor in his Catheral Church or before his Commissary in places 〈◊〉 the Diocess too far remote for the Chancellor to call them to the Consistory From these the Appeals are to the Archbishop of either Province respectively By many Records in Hen. 3. and Edw. 1. It appears no Bishop could make a Will of his Goods or Chartels coming of his Bishoprick c. without the King's License wherefore the Bishops consented to give the King Six things That they might freely make their Wills First Their best Horse or Palfrey with Bridle and Saddle Secondly A Cloak with a Cape Thirdly A Cup with a Cover Fourthly A Bason and Ewer Fifthly One Ring of Gold Sixthly His Kennel of Hounds for which a Writ issueth out of the Exchequer after the Decease of every Bishop The King by the Verdict of Twelve recovered 10000 Marks against the Bishop of Norwich for that he prosecuted against the Abbot of St. Edmundsbury to appear before him against the King's Prohibition For which it was adjudged That his Temporalities should be seised and his Body taken If an Alien or Stranger be presented to a Benefice the Bishop ought not to admit him The Court of Archdeacon or his Commissary THis Court is to be holden whe●● and in what place the Archdeaco● either by Prescription or Compositio● hath Jurisdiction in Spiritual Cases with in his Archdeaconry and from hi● the Appeal is to the Diocesan and 〈◊〉 is called Oculus Episcopi And every Archdeacon hath 〈◊〉 Court and Jurisdiction where small●● differences arising within his Limits a●● pleaded Also the Dean and Chapter hath 〈◊〉 Court and take Cognizance of Caus● hapning in places belonging to th● Cathedral Lastly There are some peculi●● Jurisdictions the Inhabitants where●● are exempt sometimes from the Arc●deacon's Jurisdiction and sometim● from the Bishops Jurisdiction The Court of Delegates THis Court is so called because Delegated by the King's Commissio● under the Great Seal to sit upon an A●peal to the King in the Court of Cha●cery in three Causes First When 〈◊〉 Sentence is given in an Ecclesiastical Court by the Archbishop or his Official Secondly When a Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When any Sentence is given in the Admirals Court by the order of the Civil Law And having spoken of Appeals in Ecclesiastical Causes that you may know the Resolution of the Judges and Learned in the Ecclesiastical Law in what Causes from what Courts and in what time Appeals are to be made Vide Lord Dyer Coke's 4 Inst Ecclesiastical Courts The Laws and Constitutions Ecclesiasticali THe Laws and Constitutions of the Ecclesiastical Government in England are First General Canons made by General Councils Arbitria Sanctorum Patrum The Opinions of Fathers the Grave Decrees of several Holy Bishops of Rome Next our own Constitutions made anciently in several Provincial Synods either by the Legates Otho and Othobone sent from Rome or by several Archbishops of Canterbury All which are by the Statute of 25 Hen. 8. in force in England so far as they are not Repugnant to the King's Prerogative or the Customs Laws or Statutes of the Realm Then the Canons made in Convocations of latter times as 1 Jac. and confirmed by his Royal Authority Also Statutes Enacted by Parliament touching Ecclesiastical Affairs And Lastly Divers Customs not written and where these fail the Civil Law takes place Tryals Ecclesiastical in Civil Causes THe manner of these Tryals are first a Citation goes out Then they proceed to Bill and Answer then by Proofs Witnesses and Presumptions the matter is argued Pro and Con and the Canon and Civil Laws Quoted And then without Jury the Definitive Sentence of the Judge passeth and after that Execution Tryals Ecclesiastical in Criminal Causes THe manner of Trying Criminal Causes is by way of Accusation Denunciation or Inquisition The first When some one takes upon him to prove the Crime The second When the Church-Wardens present and are not bound to prove because it is presumed they do it without Malice and ●hat the Crime is Notorious Lastly By Inquisition when by reason of common fame inquiry is made by the Bishop Ex officio suo by calling some of ●he Neighbourhood to their Oath or ●he party accused to his Oath Ex officio But by the prevailing part in the Long-Parliament this power was taken from the Church the want whereof is one main cause of the Libertinism and Debauchery of the Nation Punishments by Ecclesiastical Courts PUnishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws are first the party delinquent is admonished Next goes forth Minor Excommunicatio whereby he is Excommunicated or Excluded from the Church or at least from the Communion of the Lord's Supper disabled to be Plaintiff in any Suit c. and this commonly for Non-appearance upon Summons or not obeying the Orders of the Court This power of lesser Excommunication the Bishop may Delegate to any Grave Priest with the Chancellor Then Excommunicatio Major is not only an Exclusion from the Company of Christians in Spiritual Duties but also i● Temporal Affairs And this commonly for Heresie Schism Perjury Incest c. and for the more Terrour 〈◊〉 is done by the Bishop himself in prope● person and being so Excommunicate a Man cannot be in any Civil or Ecclesiastical Court either Plaintiff or Witness and in case any contin●● Forty days Excommunicate the King'● Writ de Excommunicato capiendo is granted out of the Chancery against him whereupon he is cast into Prison without Bail till he hath satisfied for th● Offence And then there is Anathematismus inflicted upon an obstinate Heretick whereby he is declared a publick Enemy to God Rejecte● and Accursed and delivered over t● Eternal Damnation And this is to b● done by the Bishop also in his ow● person assisted by the Dean and Chapter or Twelve other grave Priests An● Lastly There is Interdictum whereby is prohibited 〈◊〉 Divine Offices as Christian Burial 〈◊〉 Administration of Sacraments c. i● such a place or to such a people If this be against a people it followeth the● wheresoever they go but if against the place only then the people may g● to Divine Office elsewhere and besides these general Censures of the Church which respect Church-Communion there is another touching the Body of the Delinquent called Publick Penance when the Delinquent is to stand in the Church Porch on a Sunday Bare-head and Feet in a White Sheet bewailing himself and begging every one that passeth by to
That their Proceedings Judgments and Executions shall remain good and available in Law without any Redress to be had by Suit in any other Court as you may see more at large by the Statute and Exposition thereof in Coke's Fourth Institutes And the other is concerning Colledges Hospitals or Almshouses for Charitable and Lawful purposes and Uses BY the Statute of 39 Eliz. cap. 6. The Lord Chancellor or Chancellor for the Dutchy of Lancaster for Lands in that County may award Commissions to the Bishop of the Diocess and his Chancellor and other persons of good and sound Behaviour To enquire of all Colledges Hospitals and other places Founded or Ordained for the Charitable relief of Poor Aged and Impotent people Maimed Soldiers Schools of Learning Orphans or for such other good charitable and lawful Purposes and Intents And of all Lands c. given or appointed for those uses As also for Reparations of all High-ways Bridges and Sea-Banks for Maintenance of Free-Schools and Poor Scholars and of Orphans and Fatherless Children and such like good and lawful Charitable uses and to enquire of the Abuses Misdemeanors Mis-employments Falsities defrauding the Trusts Alienations Misgovernments c. And to set down such Orders Judgments and Decrees that the same may be observed in full ample and most liberal sort c. Which Orders Judgments and Decrees not being contrary to the Orders or Decrees of the Donors shall be firm and good and are to be certified by the Commissioners into the Chancery of England or of the County Palatine of Lancaster c. And it is to be observed that when any Act of Parliament doth authorize the Lord Chancellor or Keeper to make a Commission under the Great Seal he may do it without further Warrant the King being party to the Act of Parliament But this Statute was afterwards Repealed by 43 Eliz. 4. Saving for the Excution of Orders and Decrees before made by Commissioners according to the Statute And by the Statute of 43 Eliz. 4. It shall be lawful for the Lord Chancellor or Lord Keeper for the time being and for the Chancellor of the Dutchy of Lancaster within that Precinct to Award Commissions into any part of the Realm respectively to the Bishop there and his Chancellor if any at that time and to other Persons of Good Behaviour Authorizing Four or more of them to Inquire as well by the Oaths of Twelve or more Lawful Men as otherwise of all Grants Gifts Augmentations Limitations and Appointments and of all Abuses and Misemployments of all Land Tenements and Hereditaments and of all Goods and Chattels given limitted or appointed to Charitable uses c. See the Statute at large and 21 Jac. 1. cap. 1. The Court of Justices of Gaol-Delivery BY the Law Ne homines diu detineantur in Prisona but that they may receive Plenam celerem Justitiam The Commission of Gaol-Delivery was Instituted 4 E. 3. and by this Commission Goals ought to be delivered Thrice in the year and oftner if need be and the Authority given thereby consisteth in these few Words Constituimus vos Justiciarios nostros ad Gaolam nostram Castri nostri de C. de Prisonibus in ea existentibus hac vice deliberand ' And these Justices may arraign any man in that Goal upon any Indictment for Felony Trespass c. before Just●ces of Peace though not found before themselves which Justices of Oyer and Terminer cannot do and they may take a Pannel of a Jury Return'd by the Sheriff without making any Precept to him which Justices of Oyer and Terminer may not To these Justices Commissions of Association Writs of Admittance and Si non omnes like as to Justices of Oyer and Terminer are directed and other Authorities Jurisdictions and Priviledges they have of which you may Read at large Coke's 4 Inst. cap. 30. By the Statute of 6 R. 2.5 Justices of Assize and Gaol-Delivery shall hold their Sessions in the chief Towns of every County where the Shire Courts there use to be holden By the Statute of 8 R. 2.2 no man of Law shall be Justice of Assize or Gaol Delivery in his own Country and the Chief Justice of the Common-Bench shall be assigned amongst others to take Assizes and to deliver Gaols but as to the Chief Justice of the Kings-Bench it shall be as for the most part of 100 years last past hath been wont to be done By the Statute of 14 H. 6.3 the Sessions of the Justices of Assize and Gaol-delivery in Cumberland shall be holden in the time of Peace and Truce in the City of Carlisle and not elsewhere according to the Statute of 6 R. 2 5. By Stas de Finibus levatis cap. 3.27 E. 1. Justices of Assize presently after the Assizes taken shall deliver the Gaols but if one of them be a Clerk the other that is Lay associating unto him one of the most discreet Knights of the County shall deliver the Gaols The Justices shall then also Enquire Whether Sheriffs or any other have let out by Plevin any Prisoners not pleviable or have offended in any thing against the Statute of Westm 2.13 E. 1. and shall punish them according to the force of the said Statute By the Statute of 2 E. 3 2. Justices of Gaol-delivery and Oyer and Terminer procured by Great Men shall not be made against the Form of the Statute of 27 E. 1. cap. 3. And Assizes Attaints and Certifications shall be hereafter taken before Justices commonly assigned being good and lawful Men and having knowledge in the Law according to the Statute of Westm. 2.29 Ed. 1. By the Statute of 4. E. 3.2 good and discreet Persons shall be assigned in all Shires of England to take Assizes Juries and Certifications and to deliver the Gaols Three times in the year at least Justices of Gaol-delivery shall have power to Deliver the Gaols of those that stand Indicted before the Kee●ers of the Peace which Keepers shalt send those Indictments before the Justices of Gaol-delivery who shall have power to Enquire of and punish Sheriffs Gaolers and others which do any thing against this Act. Judges ought not to Deliver their Opinions before-hand of any Criminal Case tha● may come before them Judicially For how can they ●e indifferent who have delivered their Opinions before hand wi●hout hearing of the party Co. 3 Inst 29. By the Statute of 19 H. 7.10 the Sheriff of every County shall have the keeping of the Common Gaol there except such as are held by Inheritance or Succession Also all Letters Patents of the keeping of Gaols for Life or Years are annulled and void Howbeit neither the Kings-Bench nor Marshalsea sh●●l be in the custody of any Sheriff a●d the Patents of Edward Courtney Earl of Devon and John Morgan for Keeping of Prisons are excepted By the Statute of 6 Hen. 8.6 the Justices of the King 's Bench have power by their Discretions to Remand as well the Bodies of Felons as their Indictments
Interrogatories ought to be Single and Plain Pertinent to the matter in question but in no sort Captious Leading or Directory In some cases the Courts of Common Law judge upon Witnesses but they must ever give their Testimony Viva Voce as in Dower if the Issue be whether the Husband be alive or no. Bracton saith an Alien may not be a Witness but that must be understood an Alien Infidel for the Bishop of Rosse a Scot was admitted a Witness and Sworn 4 Eliz. in the case of the Duke of Norfolk Witnesses ought to come to be deposed untaught and without Instruction And should say from his Heart Non sum doctus nec Instructus nec curo de Victoria modo ministretur Justitia Coke's 4 Inst cap. 64. The King 's Swanherd HAth been of ancient time by his Office Magister deductus Cygnoram And or his Authority you may Read in Rot. Patentium Anno 11 H. 4. Part. 1 M. 14 c. and Coke's 4 ●nst cap 66. But he hath no Court. No Powl can be an Estray but a Swan The King 's Aulneger AUlneger of Aulne in French and that of Ulna Ulnator Is an ancient Officer of the Kings Gift before any Statute For in 14 Eliz. Sir Thomas Darlington was by the Kings Letters Patents Aulneger of Broad Cloath and had a Fee of the King for the Fee he had of the Subject was by the Statute of 27 E. 3. Of ancient time no Custom was paid by the English or Stranger but for Wools Woolfels and Leather In the Reign of E. 3. a great part of the Wool was draped into Cloth And it was adjudged notwithstanding that because the Wool was changed by the Labour and Industry of Man into another kind of Merchandizing no Custom should be paid for it The first Act of Parliament that gave any Subsidy of Cloath was Anno 23 Ed. 3. not Printed viz. 14 d. of Lieges and 21 d. of Strangers for every Cloath of Assize and 2 s. 4 d. of Lieges and 3 s. 4 d. of Strangers for every Cloath of Scarlet and the reason of granting these of Broad Cloath was Quia jam Magna Pars Lani Regni nostri in eodem Regno Pannificitur c. And for further satisfaction of the King for Customs of Wools Anno 27 E. 3. A Subsidy was granted to the King his Heirs and Successors over the Customs thereof due viz. of every whole Cloath of Assize not Ingrained 4 d. the Half Cloath 2 d. every whole Cloth Ingrained 5 d. the Half Cloth 2 d. 1 2 The whole Cloth of Scarlet 6 d. The Half Cloath 3 d. The Aulnegers Fee is granted by Act of Parliament viz. for the Measuring of every whole Cloath of Assize of the Seller a Half penny and for the Half Cloth One farthing and no more and for Cloth less or not to be sold nothing Nota Consuetudines Custumae Customs and Subsidies are taken as Synonima's In Hillary Term Anno 2 Jac. 1. Upon Suit to the King by the Duke of Lenox a Question being moved whether new Draperies as Frizadoes Bays c. were within the aforesaid Statute It was resolved by the Judges That all new made Drapery made wholly of Wool as Frizadoes Bayes Northern Dozens c. are to yield Subsidy and Aulnage according to the Statute of 27 E. 3. But Fustians Canvas Sackcloth c. made meerly of other Stuff are not to be charged therewith The Government of Counties in England FOR the Civil Government of Counties the King makes choice of some of the Nobility Clergy Gentry and Lawyers Men of Worth and Parts who have their usual Residence in the County so many as the King pleaseth to keep the Peace of the County And these by the Commission under the Great Seal are called Justices of Peace at first Styled Wardens of the Peace and such whom the King most confideth in in or doth respect are made Justices of the Quorum so called from those words in the Commission Quorum A.B. Unum esse volumus which imports that some business of more importance may not be transacted without the presence or concurrence of one of them One of the principal Justices of the Peace and Quorum is by the Lord Chancellor made Custos Rotulorum so called because he hath the custody of the Rolls or Records of the Sessions and is to bring them to each Quarter-Sessions Every Quarter of the year these Justices meet at the Chief or Shire Town where the Grand Inquest or Jury of the County is Summoned to appear who upon Oath are to Inquire of all Traytors Hereticks Thieves Murderers Money Coiners Riots c. Those that appear to be guilty are by the said Justices committed to Prison to be tryed at the next Assizes when the Judges of Westminster come their Circuits before-mentioned Every County being subdivided into Hundreds so called at first either for containing one Hundred Houses or an Hundred bound to take Arms or Wapentakes so called from touching a Weapon as the manner at this day is in Sweden at their solemn Weddings for their chief Witnesses to lay all their Hands upon a Launce or Pike every such Wapentake or Hundred hath commonly a Bayliff a very ancient Officer but now of small Authority Also Officers called High-Constables at First ordained by the Statute of Winchester 13 Ed. 1. for Conservation of the Peace and View of Armour they disperse Warrants and the Orders of Justices of the Peace to each Petit Constable There are also in every County Two Officers called Coroners whose Office is to Inquire by a Jury of Neighbours how and by whom any Person came by a Violent Death and to enter the same upon Record which is a Matter Criminal and a Plea of the Crown and thence they are called Crowners or Coroners These are chosen by the Freeholders of the County by virtue of a Writ out of the Chancery they were Anciently men of Estates Birth and Honour Every County hath also A Clerk of the Market whose Office is to keep a Standard of all Weights and Measures exactly according with the King's Standard and kept in the Exchequer and to see that none other be used in the same County to Seal all Weights and Measures made exactly by the Standard in his custody and to burn such as are deficient And these Justices and Officers have every of their several and respective Courts within the County of which we shall briefly say somewhat particularly and First of The Court of the Sessions of the Peace BY Act of Parliament 1 E. 3. cap. 16. the King Wills That for the better Keeping and Maintenance of the Peace Good Men and Lawful be Assigned in every County to Keep the Peace And thus began this Subordinate Government for the Tranquility and Quiet of the Realm which no part of the Christian World can parallel But referring the Reader to several Acts of Parliament and Authors who have Treated of their Jurisdiction and Authority both in
dicti Domini Regis in dicto Com' Devon ' The Lord Warden hath Jurisdiction of all the Tynn in Cornwal and Devon and is guided therein by Special Laws by Customs and by Prescriptions Time out of mind And the Officers be the Steward Under-Warden c. By Exposition of the Charters of 33 E. 1. Made and Declared in Parliament Anno 50 E. 3. it appears that all Tynners and Workers in the Tynn-Works should be Free so that they should not Answer for any Matter or Thing arising within the Stannaries before any other Judge or Officer but only before the Warden of the Stannaries Except for Pleas of Land Life or Member and should not depart from their Work for the Summons of any the King's Officers except of his said Warden of the Stannaries and shall be quit of all Tallages Tolls Stallagiis aliis Custumis in Towns Ports Fairs and Markets within the said County De bonis suis propriis Upon any cause of Complaint ministred the same is to be redressed by Appellation First to the Steward of the Stannary-Court where the matter lyeth Then to the Under-Warden of the Stannaries and from him to the Lord Warden and for want of Justice at his hands to the Princes Privy Council For the Laws Jurisdictions c. of this Court see more in Co. 4 Inst c. 45. and Records c. there cited It was Resolved 4 Jac. 1. in Camera Stellata That Stannum Tynne otherwise White Lead nor Black Lead nor any other base Metal did belong to the King by his Prerogative as Gold and Silver do albeit there may be tryed out of the base Metal Gold and Silver but that is as the seed or strength of the base Metal which being Extracted becomes Defective There be Five kinds of Base Metals viz. Aes sive Cuprum because it was found out as some hold in Cypro Copper Stannum Tynn Ferrum Iron Plumbum Lead and Orychalcum Latyn Polybius 209 years before Christ wrote That this Island was abundantly stored with Tynn Britanni qui juxta Belerium promontorium incolunt Mercatorum usu qui eo Stanni gratia navigant humaniores reliquis hospites habentur hij ex terra Saxosa cujus venas sectati effodiunt Stannum igne eductum in quandam Insulam ferunt Britannicam juxta quam Vectam vocant Ex hiis Insulis Mercatores emptum Stannum in Galliam Portant inde diebus fere triginta cum equis ad fontem Eridani fluminis perducunt Coke 's 4 Inst cap. 45. The Court of the Major of the Staple THis Court is guided by the Law Merchant which is the Law of the Staple and is holden at the Wool-Staple in Westminster and there also are Two Constables and a certain number of Correctors to do that which pertaineth to their Office as in other Staples is accustomed And though it be more ancient is warranted by Parliament 27 Ed. 3. Whereby it is Ordained That The Staple of Wools Leather Woolfells and Lead shall be holden at Newcastle upon Tine York Lincoln Norwich Westminster Canterbury Cicester Winchester Exeter and Bristol For Wales at Caermardyn and for Ireland at Deuelin Waterford Cork and Droghoada And that such as shall be carryed out of the Land shall be brought to some of the said Staple-Towns to be weighed by the Standard and the Customs paid But from such of the said Staple-Towns which are not Port Towns the said Staple Commodities shall be sent to the next respective Port Towns as from Westminster to London c. there to be weighed again by the Customers Item That in every Town where the Staple is Ordained shall be a Mayor chosen yearly by the Comminalty who hath knowledge in the Law Merchant and Two convenable Constables who have power to keep the Peace arrest the Offenders in Staples for Debts Trespass and other Contracts and them to Imprison and punish after the Law of the Staple and a Prison appointed for that purpose The Mayors Sheriffs and Bayliffs of the Towns where the Staple is or joyning to the Staple shall be attending to the Mayors and Ministers of the Staple for Executing their Commandments upon grievous Forfeiture and one Lord or other of the most Sufficient where the Staple is shall be assigned to be Aidant to the Mayor and Ministers of the Staple to justifie the Rebels that cannot be justified by the Mayors and Ministers of the Staple and to redress all Complaints c. The Bounds of the Staple at Westminster shall begin at Temple-Bar and extend to Tuthill In other Cities and Towns within the Walls and where there are no Walls through all the City or Town By the Statute of 27 Ed. 3. the Major of the Staple may take Recognizances of Debts under the Seal of the Office but not with the Seal of the Party By the Statute of 23 H. 8. the Major of the Staple at Westminster and Recorder of the City of London in the absence of the Two Chief Justices out of Term have power to take Recognizances of Debts according to that Statute and this is in the Nature of a Statute Staple but it hath besides the Seal of those that take it the Seal of the Party By the Statute of 36 Ed. 3. Merchant Strangers may sue before the Major of the Staple according to Law Merchant or at the Common Law By the Statute of 8 H. 6. cap. 17. there are in England Five Staple Merchandizes viz. Wool Woolfells Leather Lead and Tyn. The Mayor and Constables are sworn in Chancery to do lawfully that which pertaineth unto them That Staple cometh from the French Estape signifying a Mart or Market and for other Matters concerning the Staple see Coke's 4 Inst cap 46. and the Statutes and Records there mentioned The Principality of Wales WALLIA Wales by the Saxons called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wales unde Wallenses Walli i. e. Exteri seu Per●grini The Britons calling Englishmen Saisons They are of the Posterity of the ancient Britons Inhabiting on the West part of Great Brittany This was sometime a Realm or Kingdom Governed per Regulos suos But Jure Feodali the Kingdom of Wales was holden of the Crown of England and thereby as Bracton saith was Sub potestate Regis and so continued until the 11th Year of King Edward the First when he subdued the Prince of Wales and Executed him for Treason Whereof Fleta who lived in those days speaketh thus Et unico Malefactori plura poterunt infligi tormenta sicut contigit de Davide Principe Walliae cum per Edwardum Quinque Judiciis mortalibus torquebatur suis namque Meritis exigentibus Detractus Suspensus Dismembratus fuit combustus cujus caput principali Civitati quatuorque Quarteria ad quatuor partes Regni in Odium tradit deferebuntur suspendendum And in the 12th of E. 1. by Parliament it is declared speaking in the Person of the King as ancient Statutes were wont to do Divina Providentia quae in sua dispositione non
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call North-VVales the Latins Venedotia he gave to Mervyn or as some say to Anarawd Powisland in Latin Powisia which some call VVest-VVales he gave to Anarawd or as some say to Cadelh and Deheobarth which the English call South-VVales and the Latins Demetia he gave to Cadelh or as some say to Mervyn The First was the best because the Quietest the Second often Invaded by the English and into the Third Incursions were often made by the English Norman and Fleming The Division of this Kingdom brought in time such Division amongst these Princes that it was never quiet till it came under one Monarch and King again For the Royal Dignity of a Monarch or King from whence all other Subordinate Dignities Tanquam Lumen de Lumine are derived without any Diminution will suffer no Division Regia dignitas est Indivisibilis quaelibet alia derivativa Dignitas est similiter indivisibilis King Edward the Third
or Confirmed at home or abroad Tenures of all the Lands in England Extents of Mannors and Lands Inquisitions Post mortem being of great Advantage upon Trials of Interest or Descent Liberties and Priviledges granted to Cities Towns Corporate or private Men as Court Leets Waifs Estrays Markets Fairs Free Warrens Felons Goods c. Or what else could come to the Crown or pass out of it Writs Pleadings and Proceedings as well in Chancery as at Common Law and in the Exchequer Inspeximus Inrolments c. Deeds and Contracts between party and party and The Just Establishment of all the Offices in the Nation The Metes and Bounds of all Forests with the Rights of the Inhabitants therein and many other And therefore in the Petitions of the Commons in Parliament 46 E. 3. said to be perpetual Evidence of every man's Right and the Records of the Nation These Records are reposited in the place called Wakefield Tower being many Cart Loads Thus distinguished Rotuli Patentium Chartarum Parliamentorum Clausarum Finium Scotiae Vasconiae Franciae Hiberniae Walliae Normanniae Almaniae Oblatae Liberatae Extractae Perambulationes Forestae Scut ' Rotul ' Marshal ' Romae de Treugis Chart ' Patent ' fact ' in Partibus Transmarinis Patent ' de Domibus Judaeorum Protection ' de Perdonation ' c. Stapulae cum multis aliis Depicted lately upon every Press belonging to each King's Reign and very easie to be brought forth for use This Office is to be open from 7 till 11 in the Morning and from 1 till 5 in the Afternoon on all Working-days only in December January and February they open an Hour later in the Morning and shut up an Hour earlier at Night All Records since Richard the Third are yet in the Chappel of the Rolls The Money allowed by the King for the Maintenance of all these Officers and keeping thls Vast Structure in Repair amounts to a vast Sum. Saint Katherines NEar the Tower is St. Katherines which hath a Royal Jurisdiction for the Ecclesiastical Causes and Probate of Wills and belongeth to the Queen from whom if any will Appeal it must be to the King in his Chancery who thereupon Issueth out a Commission under the Great Seal as in Appeals from the Arches or Prerogative The Bridge SUrpasseth all others in Europe It hath 19 Arches 20 Foot between each Arch is 800 Foot in Length 60 High and 30 Broad and hath a Draw-Bridge almost in the Middle Built 1209 in the Reign of King John The Charge of keeping it in Repair is so Great that our Auncestors thought fit to have a Large House a vast Revenue in Lands and Houses and divers Officers to be apart for the constant Care and Repair thereof The Principal whereof are the Two Bridgmasters chosen yearly out of the Body of the Liveries upon Midsummer-day after the Sheriffs and Chamberlain The Bridge over the River Lee at Stratford was built an Hundred years before and being the first Arched Stone-Bridge seen in England gave it the Name of Stratford-Bow Not far below this Famous Bridge is the place for Receipt and Management of all Impositions laid on Merchandizes Imported and Exported into and from this City which is called The Custom-House WHerein are Employed a great Number of Officers whereof the First and Chief are Six Commissioners who have Charge of all His Majesties Customs in all Ports of England Salary to each is 2000 l. a year And these have many Deputies Customers Collectors Comptrollers Surveyors Searchers Waiters c. in the Port of London and in all the Out-Ports Collector of Subsidies or Customs Outwards Fee Two hundred seventy six pounds Collector of Customs Inwards Fee Four hundred sixty six pounds Thirteen shillings Four pence Customer Inwards Fee Sixty two pounds Six shillings Eight pence Customers of Cloth and Petty Customs Fee Two hundred seventy seven pounds Customers of the Great Customs Two Fee Fifty pounds a piece Comptroller of Customs Inwards and Outwards Fee Two hundred fifty five pounds Comptroller of Cloth and Petty Customs Fee One hundred pounds Surveyors of Customs Inwards and Outwards Fee Three hundred pounds Surveyor General Fee Five hundred pounds Comptroller of the Great Custom Fee Thirty pounds Register of the Seizures Fee One hundred and six pounds Chief Searcher Fee One hundred Twenty pounds Five Under-Searchers Eighteen King's Waiters Fee to each Fifty two pounds Surveyor of the Out-Ports Fee Two hundred and Fifty pounds The Perquisites to each of these Officers are very considerable and to some more than their Salaries In all the Out-Ports the King hath the like Officers who all Receive Salaries likewise out of His Majesty's Revenue The General Post-Office THe King by Letters Patent doth Constitute his Post-Master General who keeps one General Office in the City of London from whence Letters and Packets are dispatched Monday to France Italy Spain Flanders Germany Sweden Denmark c. and to Kent Tuesday to the United Netherlands Germany c. and to all Parts of England Scotland and Ireland Wednesday to Kent only and the Downs Thursday to France Spain Italy and all Parts of England and Scotland Fryday to the Spanish and united Netherlands Germany Sweden Denmark and to Kent Saturday to all Parts of England Scotland and Ireland And the Answers of these Letters are Received in the said Office in due Course and dispersed from thence according to the Directions This Office is managed by a Deputy and other Officers to the number of Seventy seven Persons who give their actual Attendance Upon this Grand Office Depends 182 Deputy Post-Masters in England and Scotland Most of which keep Regular Offices in their Stages and Sub-Post-Masters ink their Branches And also in Ireland another General Post-office for that Kingdom which is kept in Dublin consisting of 18 like Officers and 45 Deputy Post-masters The Post-master General keeps for Transport of Letters to France Two Packet-boats to Flanders Two to Holland Two to Ireland Three at Deal Two for the Downs which he Maintains at his proper Charge And the Market Towns of England are so well Appropriated to the Respective Postages that they have an easy and certain conveyance of Letters in due Course of the Mails every Post The number of the Letters Missive in England tho' formerly inconsiderable yet are now so great that the Office hath been Farmed at 30000 l. a year The Charge of Letters here is Less and the Expedition Greater than in any Foreign Country A Letter of a Sheet of Paper costs 2 d. for 80 Miles Two Sheets 4 d. and an ounce 8 d. and in 24 Hours the Post goes 120 Mile and in Five days an Answer may be had from a place 300 Miles distant And for Riding Post you pay only 3 d. a Mile and 4 d. to the Post Boy at every Stage For Study of Law IN London are the Colledges or Houses of the Municipal or Common Law Professors and Students Which are Fourteen still called Inns the
Dutchy Concerning the Judicature and Customs of these Isles it appeareth by Records in the Tower Quod Rex Johannes constituit 12 Coronatores Juratos ad Placita Jura ad Coronam spectantia custodienda Et concessit pro securitate Insularum Quod Ballivus de caetero per visum Coronatorum poterat placitare sine Breve de Nov. Disseisinae facta infra Annum De Morte Antecessorum infra Annum De Dote similiter infra Annum And now they have a Governour appointed by the King of England and Twelve Assistants selected out of every several Parish And for the most part they proceed according to the Customs of Normandy Altho' the King's Writ runneth not into these Isles yet his Commission under the Great Seal doth But the Commissioners must judge according to the Laws and Customs of the Isles Insula Vectis or Vecta THe Isle of Wight is esteemed part of Hampshire from which it is severed by a dangerous Streight of the Sea It contains 20 Miles in Length Twelve in Breadth and is Governed by the Laws of England as the other Shires have been the Soyl is answerable to the Husbandman's Expectation The Sheep bear fine Wool and the Trees store of Fruit. Here are One Forest Two Parks and 36 Towns and Villages the Chief being Newport Yarmouth and Brading The Island is strongly scituated being Inaccessible towards France but because the North-shoar is Level it is fortified on that side with Three Castles viz. Yarmouth Cows and Sand-head Castle and in the Midst of the Island is Carisbrooke Castle wherein hath sometimes been Armor for 50000 Men and in every Village a Great Piece of Ordnance This Isle was taken from the Britains by Wolphur King of Mercia and hereof King Henry the Sixth Crowned Henry Beauchamp Earl of Warwick King and he was after named Primus Comes totius Angliae sed cum illo Novus hic insolitus Titulus omnino evanuit The Sorlings CAlled by the English and Belgians Scilly Islands by Antonine in his Itinerary Sigdoles by Solinus Silyres by some Greek Writers Hesperides and Casterides are scituate against the Western Cape of Cornwal from which they are distant 24 Miles They are in Number 145 of which 10 only are of Estimation viz. 1. Armath 2. Agnes 3. Sampson 4. Scilly 5. Bresar 6. Ruso● 7. St. Helens 8. St. Martins 9. Arthur 10. St. Maries Chief of all the rest being 8 Miles in compass sufficiently Fruitful and strengthned with a Castle called Stella Maria by Queen Elizabeth These Islands are stored with Grass Grain and Lead which last was once carried hence into Greece Hither the Roman Emperors Banished Condemned Men to Work in the Mines These were subdued to the English Crown by Athelstane The Island Lindisfarne Or LEndisfarne scituate near the River Lied called also Holyfarne or Holy Island on the confines of Northumberland Hath one Castle one Church one Parish and a safe Haven defended by a Blockhouse It was in ancient time a Bishops Seat after Translated to Duresme and is Governed by the Laws of England It was called Holy Island for that many Religious Men in times past retired thither being a Solitary place There are divers other Islands as Denny Londay and Chaldey in the Severn Sea Thanet and Sheppey near Kent Farne Isle near Lindisfarne and Cockat Islands near Northumberland and many others of small account A COMPENDIUM OF THE Laws and Government OF SCOTLAND WITH THE ISLANDS Thereunto belonging Anno Domini 1699 SCOTLAND IS so called from Scotti Scitti or Scythi a People of Germany over whose Northern Bounds the Name Scythia did once extend These seized on a part of Spain next to Ireland and Anno 424. on the West part of this Country It is the rest of the Isle of Albion or Great Britain in Length from Dungesby-Head to the South parts of Gallway 250 Miles in Breadth from Aberdeen to the Isle of Mule 150 Miles hath no place distant from the Sea 62 Miles and ends like the sharp point of a Wedge It was anciently called Calidonia and sometimes Albania now by the French l'Escosse by the Italians la Scotia by the Spaniards la Escocia and by the Germans Schotlandt and is separated from England by the Rivers Tweed and Solway and the Cheviot Hills in the midst between which were The Borders sometimes extended to Edinburgh and Sterling in Scotland and at other times were enlarged and took in Cumberland Northumberland and Westmorland in England and were Secured or Defended by three Officers in each Kingdom called Lord Wardens of the Marshes But now by the Marriage and Union of the two Kingdoms The Officers and Warres which were the cause of them are extinct Scotland was for many Ages Governed by its own Kings but with divers considerable Alterations till the year 1602 it was to our great satisfaction united to England for ever and does still remain under it Governed by a Vice-Roy called Lord Commissioner Here were formerly two Populous Nations the Scots before described and the Picts who were indeed very Britains who Fled into the Northern parts which are still almost Free when the Romans entred the Scuth parts of Britain These using the ancient Customs of Painting their Bodies after the rest were more Civilized were by the Romans called Picts They Swayed here a long while alone till the year 424 when the Scots set footing in Britain with whom they contracted a League against the Britains but after Warring among themselves Kenneth King of Scots vanquished Dunsken King of the Picts and thereby extinguished both their Kingdom and Name Anno 839. After James the 6th being the 36th King united the Crown of England and Scotland Their chief Commodities Cattle Course Cloaths Frizes Fish Lead Oar Iron Saltpetre Linnen Cloath Train Oyl some Hides and Tallow The Country is divided into the High-lands and Low-lands The first Rude The other of like Ingenious Disposition and Language almost with the English these being the Off-spring of the Saxons and the High-landers The true Scots who speak the Irish Tongue and call both the Low-landers and English Saxons The Gospel was first Preached here by Palladius Anno 431. They are now Protestants and those chiefly Presbyterians Their Language in the South parts a corrupt English and on the North and West parts a Dialect of the Irish The Division is into two Parts viz. 1. High-land or North Scotland somewhat the larger of the Two the Seat of the old Scots 170 Miles long and 130 broad divided into 13 Counties viz. 1. Cathness Chief Towns-Wick and Catness 2. Strathnavern Chief Town Strathy 3. Sootherland Chief Town Dornock 4. Rosse Chief Town Tayne 5. Murray Chief Town Elgen 6. Loquabrea Chief Town Innerlochy 7. Broad-Alben Chief Town _____ 8. Athol Chief Town Blaire 9. Buquihan Chief Town Stanes 10. Marr Chief Town Aberdeen 11. Mernis Chief Town Bervy 12. Anguis Chief Towns Dundee and Brechin 13. Perth Chief Town Perth the Chief Town of the whole Aberdeen 2.
the Seat of the old Robogni Darnij Volentij Venicnij and Erdini 116 Miles long and 100 broad It contains Ten Counties viz. 1. Antrim divided into Nine Baronies the chief Towns Carrick-fergus Belfalst and Antrim 2. London-Derry or Colerain divided into Five Baronies chief Towns London-Derry and Colerain 3. Dunnagal or Tir-Conel divided into 5 Baronies chief Town Dunnagal and Balishannon 4. Tyrone divided into Four Baronies chief Towns Dungannon 5. Fermanagh divided into Eight Baronies chief Town Enniskilling 6. Cavan divided into Seven Baronies chief Town Cavan 7. Monaghan divided into Five Baronies chief Town Monaghan 8. Armagh divided into Five Baronies chief Towns Charlemont and Armagh 9 Down divided into Eight Baronies chief Town Down and Newry And 10 Louth often reckoned in Lemster divided into Four Baronies chief Towns Drogheda Dundalk and Louth the chief Town of the whole is London-Derry 2. Connaught Incol Connauhty on the South-west of Ulster bordering on the Western Ocean The Seat of the old Gangani Auteri and Nagnatae 130 Miles long and 84 broad It contains Six Counties viz. 1. Letrim divided into Five Baronies chief Towns Letrim and James Town 2. Slego divided into Six Baronies chief Town Slego 3. Mayo or Majo divided into Nine Baronies chief Towns Mayo or Moy and Killalore 4. Roscommon divided into Six Baronies chief Towns Athlone Roscommon and Boyle 5. Galway divided into Seventeen Baronies chief Towns Galway Tuam and Clonefart And 6 Thomond or Clare oft reckoned in Munster divided into Eight Baronies chief Towns Clare and Killalow The chief Town of the whole is Gallway 3. Leinster Incol Leighnigh on the East of Connaught and South of Ulster The Seat of the old Briguntes Menapij Cauci and Blani 112 Miles long and 70 broad It contains 11 Counties viz. 1. Longford divided into Six Baronies chief Town Longford 2. VVest Meath divided into Eleven Baronies chief Town Molingar 3. East Meath divided into Eleven Baronies chief Towns Trim and Athboy these three made the Province of Meath 4. Dublin divided into Six Baronies chief City Dublin the Metropolis of all Ireland Seated on the Liffie Built by Harfager the first King of Norway and after the English Conquest was Peopled by a Colony of Men from Bristol 5. VVicklow divided into Six Baronies the chief Town VVicklow and Arcklow 6. Kildare divided into Eight Baronies chief Town Kildare 7. Kings County divided into Eleven Baronies chief Town Phillips Town 8. Queens County divided into Seven Baronies chief Town Martborow or Queens Town 9. Kilkenney divided into Eleven Baronies chief Towns Kilkenny and Thomas Town 10. Catherlagh divided into 5 Baronies chief Town Catherlagh And 11. Wexford divided into Eight Baronies the chief Towns VVexford and Ross The chief Town of the whole is Dublin 4. Muuster or Mounster Incol Mown on the South of Leinster and Connaught The Seat of the old Ulterni Coriandi Luceni Velibori and Vodij 135 Miles long and 120 broad It contains Five Counties viz. 1. Tipperary divided into Fourteen Baronies the chief Towns Clonmel Cashel and Tipperary 2. VVaterford divided into Six Baronies chief Town VVaterford and Dungarvan 3. Limerick divided into Nine Baronies chief Towns Limerick and Kilmalock 4. Kerry divided into Eight Baronies chief Towns Dingle and Ardfeart And 5 Cork divided into Thirteen Baronies chief Towns Cork King-sale and Youghil In this lies the County of Desmond divided into Two Baronies chief Town Bantry chief Town of the whole is Limerick but many reckon Cork The Rivers 1. Shannon 2. Barro 3. Shure and Black-water The Soil is Fertile if improved by Industry Amongst other Prerogatives no Venemous Serpent breeds here according to the Verses Illa ego sum c. The chief Loughs are 1. Lough-Earne 2. Lough-Neagh and Lough Corrib the last 26 Miles long and in breadth 4 Miles hath 20. Ilets abounding in Pine Trees The Mountains 1. Knock Patrick 2. Sliew-Bloemy 3. Curlew Hills The Archbishops here are 4. Bishops 19. Universities The Arms Azure an Irish Harp Or Stringed Argent King James the first First Marshalling them with the Arms of England as the first Absolute King thereof altho' Henry the eighth was declared King in Dublin by an Irish Parliament In each of the Counties is a Sheriff and Justices of the Peace and they are Governed by the Laws of England and Statutes Enacted at our English Parliaments But the Deputy hath now Power to Asemble the States here and make what Laws the necessity of the time requireth King John in the 12th year of his Reign went into Ireland and there by advice of Grave and Learned Men whom he carried with him by Parliament de comuni omnium de Hibernia consensu Ordained that Ireland should be Governed by the Laws of England which of many of the Irishmen according to their own Desire was joyfully accepted and obeyed and by many the same was soon after absolutely refused preferring their Brehon Law before the Just and Honourable Laws of England Co. 1 Inst. 14.1 By Poyning's Law made by Authority of Parliament in Ireland Anno 10 H. 7. all the Laws and Statutes of this Realm of England before that time made do extend to Ireland so as now Magna Charta doth extend to Ireland Co. 2. Inst 2. Resolved by all the Judges in England That for a Treason done in Ireland the Offender may be Tryed by the Statute of 35 Hen. 8. in England because the Words of the Statute be All Treasons committed out of the Realm of England and Ireland is out of the Realm of England Coke's 3 Inst 11. Albeit Ireland be a distinct Kingdom and out of the Realm of England to some purposes as Protections and Fines levied c. yet to other intents is as a Member of or belonging to the Crown of England And therefore a Writ of Error is maintainable here in the King's Bench of a Judgment given in the King's Bench in Ireland so as the Judges did construe that part of the Statute of 25 Ed. 3. Making it High Treason to bring in false Money into this Realm Counterfeit to the Money of England not to extend to Money brought out of Ireland Coke's 3 Instit 18. The Irish being Descended from the Ancient Britains now have the same Laws with us in England therefore I shall not write of the Jurisdiction or particular Courts of Justice there they being the same in England But take Notice That King John and also Henry the Second the Father of King John did Command at the Request of the Irish That such Laws as he had in England should be of Force in Ireland and hereby Ireland being a distinct Kingdom was to have Parliaments holden there as in England And thereupon in the Reign of King John a Parliament was holden there as by Record appeareth Co. 4 Inst. 349. King Henry the Second when he had Conquered Ireland sent thither that Treatise fairly Written in Parchment Intituled Modus tenendi Parliamentum for better holding of Parliaments there Coke's 4 Inst 349.
the Second in Propriety unto the Right Honourable Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley after Earl of Shaftsbury Sir George Carteret after Lord Carteret Sir John Coleton Knight and Baronet and Sir William Berkley Knight By which Letters Patent the Laws of England are to be in force in Carolina But the Lords Proprietors have power with the Consent of the Inhabitants to make By Laws for the better Government of the said Province so that no Money can be Raised or Law made without the Consent of the Inhabitants or their Representatives They have also power to appoint and impower Governours and other Magistrates to grant Liberty of Conscience make Constitutions c. with many other great Priviledges as by the said Letters Patent will more largely appear And the said Lords Proprietors have there settled a Constitution of Government whereby is Granted Liberty of Conscience and wherein all possible Care is taken for the equal Administration of Justice and for the lasting Security of the Inhabitants both in their Persons and Estates by the Care and Endeavours of the said Lords Proprietors and at their very great Charge Two Colonies have been settled in this Province the one at Albemarle in the most Northerly part the other at Ashley River which is in the Latitude 32 Degrees odd Minutes Care is taken by the Lords Proprietors That no Injustice be done the Natives who are here in perfect Friendship with the English in order to which is established a particular Court of Judicature to Determine all Differences The Lords Proprietors do at present Grant to all Persons that come to Inhabit there several reasonable Advantages to all Conditions of Men and sell their Land to any after the Rate of 50 Pounds for 1000 Acres The manner of Purchasing is The Party seeks out a place to his mind not possessed by any other then applies to the Governovr and Proprietors Deputies who thereupon Issue out their Warrant to the Surveyor General to measure him out a Plantation who making Certificate That he hath Measured out so much Land appointed a Deed is prepar'd of course which is Signed by the Governour and the Lords Proprietors Deputies and the Proprietors Seal affixed to it and Registred which is a good Conveyance in Law of the Land therein mentioned to the Party and his Heirs for ever Thus having Travelled the Main Land of America we must Cross the Seas and take a View of the Islands belonging to the Crown of England in the West Indies The first being Bermudas OR Summers Islands which are a Multitude of Broken Isles some write no less than 400 scituate directly East from Virginia from which they are distant 500 English Miles and 3300 Miles from the City of London so named from John Bermudaz a Spaniard after Summers Islands from the Shipwreck of Sir George Summers there The Island of more Fame and Greatness than all the rest and to which the Name of Bermudaz is most properly ascribed is scituated in the Latitude of 32 Degrees and 30 Min. North. The Air is sound and healthy very agreeable to the English Bodies the Soil as fertile as any well Watered plentiful in Maize of which they have Two Harvests yearly that which is sowed in March being cut in July and what is sowed in August is mowed in December No Venemous Creature is to be found in this Isle nor will Live if brought thither and besides these Advantages it it so fenced about with Rocks and Islets that without knowledge of the Passages a Boat of Ten Tun cannot be brought into the Haven yet with such knowledge there is Entrance for the Greatest Ships The English have since added to these Natural Strengths such Artificial Helps by Block Houses Forts and Bulwarks in convenient places as may give it the Title of Impregnable It was first Discovered rather Accidentally than upon Design by John Bermudas a Spaniard about 1522 and thereupon a Proposition made in the Council of Spain for settling a Plantation therein as a place very convenient for the Spanish Fleet in their Return from the Bay of Mexico by the Streights of Bahama yet was it neglected and without any Inhabitants till the like Accidental coming of Sir George Summers sent to Virginia with some Companies of the English by the Lord De la Ware in 1609 who being Shipwreck'd on this Coast had the Opportunity to survey the Island which he so well liked that he Endeavoured to settle a Plantation in it at his Return in 1612. The first Colony was sent over under Richard More who in Three years Erected 8 or 9 Forts in convenient places which he planted with Ordnance In 1616 a New Supply was sent over under Captain Tucker who apply'd themselves to sowing of Corn setting of Trees brought thither from other parts of America and Planting that gainful Weed Tobacco In 1619. the Business was taken more to Heart and made a Publick Matter many Great Lords and Persons of Honour being interested in● it Captain Butler was sent thither with 500 Men. The Isle was divided into Tribes or Counties a Burrough belonging to each Tribe and the whole reduced to a settled Government both in Church and State according to the Laws of England After this all succeeded so well that in 1623 there were said to be 3000 English and Ten Forts whereon were planted Fifty Pieces of Ordnance their Numbers since increasing daily both by Children born within the Island and Supplies from England All the Isles together represent an Half-Moon and Inclose very good Ports as the Great Sound Harrington Inlet Southampton and Paget's Bay with Dover and Warwick Forts having their Names from the Noble Men who were Undertakers therein The greatest Isle is called St. George five or six Leagues long and almost throughout not above a quarter or half a League broad The Air is almost constantly Clear Except when it Thunders and Lightens is extream Temperate and Healthful few dying of any Disease but Age so that many remove from England hither only to enjoy a long and healthful Life and after having continued there are fearful of Removing out of so pure an Air. The very Spiders here are not Venemous but of divers curious Colours and make their Web so strong that oftentimes small Birds are entangled and caught therein Their Cedar Trees are different from all others and the Wood very sweet In 1685. the Governour hereof was Sir Henry Heydon The Caribee Islands NExt present themselves so called in General because Inhabited by Canibals or Man-eating People at the first Discovery as the word Caribee imports They ly extended from the Coast of Paria to the Isle Porto Rico many in number 27 of them known by proper Names In Nine whereof the English are concerned viz. Barbuda Anguilla Montserrat Dominica St. Vincent Antegoa Mevis or Nevis St. Christophers and Barbadoes And first in Barbuda SCituate in 17 Degrees of North Latitude
so suddenly overflow through the Rains falling from the Mountains that the Inhabitants are thereby surprized The whole Island is divided into Four Cantons or Quarters Two whereof are possessed by the English and Two by the French but so separated that People cannot go from one Quarter to the other without passing over the Lands of one of the two Nations The English have more little Rivers in their Division The French more of the Plain Country fit for Tillage The English exceed the French in Number but the French have Four Forts and the English only Two and to prevent Differences between the Two Nations each of them have a Guard upon the Frontiers of their Division which is renewed every Day Barbadoes IS the most Considerable Island the English have amongst the Caribees and lies in 13 Degrees and 20 Minutes on this side the Aequator and tho' not above 24 Miles long and 15 broad yet was many years ago accounted to have above 20000 Inhabitants besides Negro Slaves who are thought a far greater Number In the Reign of King James the First a Ship of Sir William Curteens returning from Fernambuck in Brasile being driven by foul Weather upon this Coast chanced to fall upon this Island and Anchoring before it staid sometime to inform themselves of the Nature thereof which was so exceedingly overgrown with Woods that they could find no Champain or Savana's for Men to Live in nor any Beasts but a multitude of Swine which the Portugals put ashoar long before for Breed if they should at any time be cast on that Shoar in foul Weather and the Fruits and Roots that grew there afforded so great plenty of Food as they multiplyed abundantly so that the Natives of the other Islands use to come hither to Hunt This Discovery being made and Advice given to their Friends in England other Ships were sent and having cut down the Woods and clear'd the Ground they planted Potatoes Plantain and Maize which with the Hogs-flesh they found serv'd to keep Life and Soul together and their Supplies from England coming slow and uncertain they were oft driven to great Extremity But in the Year 1627. when they had more Hands and having Tobacco Indico Cotton Wool and Fustick Wood to Trade with some Ships were Invited with hope of Gain to Visit them bringing for Exchange such things as they wanted as Working Tools of Iron and Steel Cloths Shirts Drawers Hose Shoes Hats and more Planters so that in a short time they grew very Considerable especially when their Sugar-Canes were grown and they had Learned the Art of making Sugar The Inhabitants which consist of English Scotch Irish with some few Dutch French and Jews were Calculated lately to be above 50000 and the Negroes about 100000. So that they can in a short time Arm 10000 Fighting Men which with the Natural Advantage of the Place is able to Defy the most potent Enemy as the Spaniards have found to their Cost having in vain Assaulted it several times It hath only one River or rather a Lake which runs not far into the Land yet the Country lying low and level they have divers Ponds and are supply'd with Rain-water by making Cisterns in their Houses The Air is very hot for 8 Months and would be more insupportable were it not for the cool Breezes which rise with the Sun and blow still fresher as that grows higher but always from the North-east except in the Turnado and then it chops about to the South and hour or two and after returns as before The other 4 Months are not so hot but like the Air of England about the middle of May and tho' they Sweat find not such Faintnes● as in England in August neither are they Thirsty unless over heated with Labour or strong Drink their Bread is made of the Root of a small Tree or Shrub which they call Cassavy and account it wholsom and nourishing The Chief Towns in this Isle are St. Michael's formerly called Bridge Town Little Bristol St. James and Charles Town with other Parishes of less Note and several Bayes on the Sea-Coasts The Government is by Laws agreeable to those in England for which they have Courts of Judicature Justices of Peace Constables Churchwardens and the like The Island is very strong as well by Nature as Art It is divided into 11 Precincts wherein are 14 Churches or Chapels the whole so filled with Houses that it may almost seem one Great Town Jamaica SCituate in 17 or 18 Degrees of Northern Latitude it 's shape somewhat Oval being about 170 Miles long and about 70 broad in the midst whereof runs a continued Ridge of Mountains so that some have compared the Island to a Saddle From hence flow divers fresh Springs which cause many Rivers to the great Refreshment of the Inhabitants The Island is divided into 14 Precincts or Parishes Named Port Royal St. Catherines St. Johns St. Andrews St Davids St. Thomas and Clarendon c. many whereof are well Inhabited by the English that have there very good Plantations whose Number is not certainly known but according to Survey taken and returned into England some years since there were about 1700 Families and more than 15000 Inhabitants in the fore-named 14 Precincts and in the Four Parishes on the North-side of the Isle that is St. Georges St. Maries St. Anne and St. James above 2000 more all which are now extreamly increased even to Double if not Treble that Number The great Encouragement of gaining Wealth and a pleasant Life inviting abundance of People to Transplant themselves from Barbadoes and other English Plantations every year so that in a small time it is like to be the most Potent and Rich Plantation in all America And besides the afore-mentioned Number of Inhabitants there are reckoned to belong to Jamaica of Privateers or Buccaneers Sloop and Boat-men which Ply about the Isle at least Thirty Thousand stout Fighting Men whose Courage is sufficiently discovered in their daily Attempts upon the Spaniards in Panama and other places which for the Hazard Conduct and Daringness of their Exploits have by some been compared to the Actions of Caesar and Alexander the Great The Laws of this Island are as like those of England as the difference of Countries will admit They having their several Courts and Magistrates and Officers for Executing Justice on Offenders and Hearing and Determining all Civil Causes between Man and Man ADDENDA OR A SUPPLEMENT OF Things omitteed in the Impression of the Book To be Added To The Respective COURTS in the PLACES after-mentioned WITH REFERRENCES To the same COURTS In the Book before contained By the Author Anno Domini 1699. ADDENDA OR A SUPPLEMENT Of Things omitted in the Impression In the High Court of Parliament THE manner of Debates or passing of Bills into Acts is thus It is the Practice of each House to debate not only of what the King hath proposed but of any other Lay-matters unless their Sovereign shall
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. v●l●●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