Law-Books lately Printed for J. Walthoe in the Temple Cloysters 1 COke's Reports with References to all the Ancient and Moderâ— Books of the Laws in 11 Vol. Fol. 2. Dalton's Countrey Justice with large Additions Fol. 3. Cases argued and decreed in the High Court of Chancery Fol. 4. A Collection of the Orders relating to the Practice of the Courts of Chancery and Exchequer 12mo 5. The Law of Common and Commoners or a Treatise shewing the Original and Nature of Common 8vo 6. The Method of Pleading by Rule and President 8vo 7. The Compleat Sheriff wherein is set forth his Office and Authority together with that of a Coroner 8vo 8. A View of the Penal Laws concerning Trades Professions and Traffick and what Offences are punishable in the Crown Office 12mo 9. The Abridgement of the Statutes of King William 8vo 10. Bridgman's Conveyances is now in the Press and will be speedily published with Additions Fol. 11. Tryals per Pais or the Laws of England concerning Juries 8vo A COMPENDIUM OF THE Laws and Government Ecclesiastical Civil and Military OF ENGLAND SCOTLAND IRELAND AND DOMINIONS Plantations and Territories Thereunto belonging WITH THE Maritime Power thereof AND Iurisdiction of Courts THEREIN Methodically Digested under their Proper Heads By H. C. sometime of the Inner-Temple LONDON Printed by the Assigns of Rich. and Edw. Atkins Esquires for I. Walthoe and are to be sold by Iohn Deeve at Bernard's-Inn-Gate in Holbourn 1699. THE PREFACE TO THE READER AT my first Entrance into the Study of the Laws of England knowing Method and Order conduce much to the enlightning of the Vnderstanding rendring things more perspicuous and comprehensive to the discerning Judgment and sitting them better for the retaining Memory I resolved to observe a Regular Course and therefore searched for such Authors and endeavoured to make use of such Means as might best correspond with my Design therein But among the several Treatises of the Laws and Government of this Kingdom and Jurisdiction of Courts heretofore written by several Eminent and Learned Men finding none were so compleat nor had that Beauty of Order and Vniformity at might be expected And the Lord Coke in the Epilogue to his Fourth Institutets concerning the Jurisdiction of Courts desiring the Wise-hearted and Expert Builders would amend both the Method and Vniformity and the Structure it self where they should find any Deficiency in the Architecture and considering that great Alterations have been made since by divers Acts of Parliament and otherwise I was enduced to compile this Methodical Compendium of the Laws and Government of England and the Dominions thereunto belonging to direct and facilitate my farther Studies But the Importunity of some having prevailed with me to promise contrary to my first Intention and Inclination to make it Publick If it prove beneficial to others it will surmount all the Ambition may be thought to be in Yours To the extent of his Power H. Curson A Table of Contents Governments in General ORiginal of Government Pag. 1 Law is General Pag. 4 Law Eternal ibid. â—aw of Reason Pag. 5 Divine Law Pag. 6 Humane Law Pag. 7 Fundamentals of the Laws of England Pag. 8 The Government of England The Government of England Pag. 22 The King ibib Privy Council ibid. Ecclesiastical Government of England Ecclesiastical Government Pag. 28 Convocation Pag. 32 Executive Power in Causes Ecclesiaical Pag. 36 High Commission Court Pag. 36 Court of Arches Pag. 39 Court of Audience ibid. Court of the Faculties Pag. 40 Prerogative Court of Canterbury ibid. Court of Peculiars 41 Consistory Courts of Archbishops Bishops 42 Court of the Archdeacon or his Commissary 44 Court of Delegates 44 Laws and Constitutions Ecclesiastical 45 Trials Ecclesiastical in Civil Causes 46 Trials Ecclesiastical in criminal Causes 46 Punishments by Ecclesiastical Courts 47 Punishments Ecclesiastical peculiar to the Clergy 49 Civil Government of England Civil Government of England 51 High Court of Parliament 51 535 Executive Power in Temporal Affairs 80 Court of the High Steward of Eng. 81 539 High Court of Chancery 90 Court of extraordinary Jurisdiction 93 Court of the Star-Chamber 104 Court for Redress of Delays of Judgment in the King 's great Courts 108 Court of Kings Bench 113 Court of Common Pleas Court 121 Court of the Exchequer 127 Court of Inquiry to certifie untrue Accompts in the Exchequer 140 Court of Equity in the Exchequer 141 544 Office of the Pleas in the Exchequer 142 Courts of Justices of Assize Nisi-prius 144 Court of Justices of a Oyer and Terminer 153 Court of special Justices of Oyer and Terminer 166 Money collected for the Houses of Correction or for the Poor 166 Colledges Hospitals or Alms-houses or for charitable and lawful Purposes and Uses 167 Court of Justices of Goal-delivery 169 Court of Justices of the Forrest 175 Court of Justices in Eyre 193 Court of Justices of Trailbaston 195 Court of Wards and Liveries 196 Court of Ancient Demesne 196 559 Court of Commissioners of Sewers 198 569 Court of Commissioners upon the Statute of Bankrupts 201 573 Commissioners for Examination of Witnesses 203 578 King's Swanherd 204 587 King's Aulnager 205 590 The Government of Counties in England 207 Court of the Sessions of the Peace 210 Court of Inquiry of the Defaults of Justices of the Peace Justices of Assize Sheriffs and Under-Sheriffs 222 The Execution of Laws in each County ibid. Court of the Tourn 223 595 Court Leet or View of Frankpledge 224 597 County Court 228 615 Court of the Hundred 233 630 Court Baron 235 632 Coroners Court 237 635 Court of Escheators and Commissioners for finding of Offices 239 635 Court of the Clerk of the Market 241 Court of Pipowders 246 Court of the Dutchy-chamber of Lancaster at Westminster 247 Courts of the County Palatin of Chester 251 Court of the County Palatin of Durham 252 Royal Franchise of Ely 254 Court of the County Palat. of Pembroke 255 Franchise of Hexam and Hexamshire 255 Courts of the Cinque-Ports 256 President and Council in the North 258 The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland 260 Court of Stannaries in the Counties of Devon and Cornwall 261 Court of the Mayor of the Staple 263 The Principality of Wales The Principality of Wales 266 Court of the President and Council of Wales 269 The great Sessions in Wales 270 Military Government of England Military Government of England 275 Court of Chivalry before the Constable and Marshal 279 Colledge of Heralds 283 Maritime Power of England Maritime Power of England 287 Court of Admiralty 292 638 Navy Office 295 Court of Commission by force of the Statute 28 H. 8. Cap. 15. 298 Port Courts 298 Commissioners and others for Beacons Signs of the Sea Light-houses Sea-marks and concerning Watches 299 De Conservatore Treugarum i. e. Induciarum c. 302 Court of the King of England Court of the King of England 308 Ecclesiastical Government of the King's Court
the Archbishop of Canterbury and his Fiat obtained are admitted by the Judge of the Court on condition not to Practise one whole year after his Admittance which is in this manner Two Senior Advocates in their Scarlet Robes with the Mace before them conduct him up to the Court with Three low Reverences and Present him with a short Latin Speech and the Rescript of the Archbishop Then the Oaths of Allegiance and Supremacy and some other prescribed by The Statute of the Arches being taken he is Admitted by the Judge and a Place or Seat in the Court assign'd him either à Dextris or Sinistris which he is always to keep when he pleads The Judges and all the Advocates in these Courts when they plead always wear their Scarlet Robes with Hoods lined with Taffata if they be of Oxford or White Miniver Furr if they be of Cambridge and all Black Round Velvet Caps and the Proctors wear or ought to wear Hoods lined with Lambskin if not Graduats But if Graduats Hoods according to the Degree There are divers other Civilians whereof some not Advocates are Chancellors to Bishops or Commissaries The Vicars Generals and Chancellors are appointed by the respective Archbishops and Bishops by Letters Patent under their Seals and Confirmed by the Dean and Chapter of the respective Cathedrals The Proctors are persons that Exhibit their Proxies for their Clyents and make themselves parties for them and draw and give in Pleas or Libels and Allegations in the behalf of their Clyents produce Witnesses prepare Causes for Sentence and attend the Advocates with their Proceedings And their Admittance is also by the Fiat of the Archbishop Introduced by the Two Senior Proctors and are allowed to Practise immediately after their Admission They wear Long Black Robes and Hoods lined with White Furr Taking the Oaths now Enjoyned by Act of Parliament All Process in the Court of Arches runs in the Name of the Judge thus Robertus Wiseman Miles LL. Dr. Almae Curiae Cant ' de Arcubus London ' Officialis Principalis and Returnable in the Comman-Hall at Doctors Commons The Title of the Judge of the Admiralty is Supremae Curiae Admiralitatis Angliae Locum tenens Judex sive Praesidens The Writs and Decrees run in the Name of The Lord High Admiral and the Court held also in the Common Hall at Doctors Commons The Title of the Judge of the Praerogative Court is Curiae Praerogativae Cant ' Magister Custos sive Commissarius And all Citations and Decrees run in the Name of the Archbishop The Judge is attended by the Register who sets down the Decrees and Acts of the Court and keeps the Records of all Original Wills and Testaments of parties Dying having Bona Notabilia in the place called the Praerogative Office where for a moderate Fee any one may Search for and have a Copy of any Testament or Administration since the Rebellion of Wat Tyler and Jack Straw Upon Appeals to the Court of Delegates the Judges are appointed by the Lord Chancellor under the Great Seal Pro illa vice which Court is also kept in the same Common-Hall the day after the Praerogative in the Afternoon The Citations and Decrees there run in the King's Name And from thence of course lies no Appeal but the King of his meer Praerogative Royal doth many times grant A Commission of Review The Colledge of Physicians in London BY Charters and Acts of Parliament of Henry the Eighth and since have certain Priviledges Whereby no Man though a Graduate in Physick in Oxford or Cambridge may without License under the said Colledge Seal Practise Physick in London or within seven Miles thereof nor in any other part of England in case he hath not taken any Degree in Oxford or Cambridge whereby they have power to punish Offenders make By-Laws purchase Lands search Apothecaries Shops in and about London are freed from Offices and bearing Arms may practise Physick or Chyrurgery not only in London but in any other part of England This Society had anciently a Colledge in Knight-Rider-Street the Gift oâ— Dr. Linacre Doctor to King Henry the Eighth afterwards had their Colledge in Amen Street Endowed by Dr. Heâ—vey with his whole Inheritance which being consumed in the late Dreadful Fire The Fellows having purchased Ground have now Raised a Magnificent Structure in Warwick Lane And of this Colledge is A President Four Censors and Eight Elects who are all Principal Members of the Society one of which is chosen yearly to Preside The Four Censors have by their Charter Power to Survey Correct and Govern all Physicians or others that shall practise Physick in London or within seven Miles of the same and to punish Offenders as they shall see cause For all which see the Statutes mentioned in Coke's 4 Inst. fo 251. In Rot. Pat. 32 H. 6. M. 17. it 's Recorded That the King with Assent of his Council assigned certain Physicians and a Chyrurgeon to Administer in and about his person Potions and other parts of Physick and to moderate his Dyet To which they were every one commanded to be Attendant Whereby it appears No Physick ought to be given to the King without Warrant and that by Advice of his Privy Council and no other Physick than what is set down in Writing and that â—hey may use the Aid of Chyrurgeons Named in the Warrant but no Apoâ—hecary they being to prepare all things â—hemselves The Science of Physick by the Statute of 32 H. 8. is Declared to contain the Knowledge of Chyrurgery If one of the Mystery of a Physician take a Man in Cure and give him such Physick that he dye within three days thereof without any Felonious intentâ— and against his Will it is no Homicide But Britton saith If One not of the Mystery of a Physician or Chyrurgeon take upon him the Cure of a Man and he dieth of the Potion or Medicine this is Covert Felony Gresham Colledge in London BUilt by Sir Thomas Gresham and Endowed by him with the Revenue of the Royal Exchange by him Built before which he gave one Moiety to the Mayor and Commonalty of London upon Trust That the Major and Aldermen should find Four able persons to Read Divinity Geometry Astronomy and Musick there and to Allow each of them Fair Lodgings and 50 l. a year and the other Moiety to the Company of Mercers upon Trust to find Three able Persons to Read Civil Law Physick and Rhetorick and to have Lodgings and the like Allowance These several Lecturers are to Read in Term time every Day except Sundays In the Forenoon in Latin and in the Afternoon the same in English The Musick Lecture only in English There is also a Mechanick Sort of Lecture for Natural Philosophy Instituted by Sir John Cutler with a Salary of 50 l. per Annum to be Read at the time â—nd place where the Royal Society shall meet Syon-Colledge in London THis was Founded by Thomas White Doctor in Divinity for
expresly forbid the same as heretofore hath sometimes been done It is free for any Man of the Parliament or not of the Parliament to get a Bill drawn by some Lawyer and give the same to the Speaker or Clerk of the Parliament to be presented at a time convenient and this Bill may be put first either in the Lords House or the Commons House Whatever is proposed for a Law is firâ—t put in Writing and called a Bill which being read commonly after Nine of the Clock in a full Assembly it is either unanimously Rejected at first or else allowed to be Debated and then it is committed to a certain Number of the House presently nominated and called a Committee After it hath been amended and twice read two several Days in the House then it is Ingrossed that is written fair in Parchment and read the third time another Day and then if it be in the Lords House the Lord Chancellor in the Commons House the Speaker demandeth if they will have it put to the Question Whether a Law or no Law If the Major Part be for it there is written on the Bill by the Clerk Soit Baille aux Communes or Soit Baille aux Seigneurs retaining still in this and some other things about making Laws the Custom of our Ancestors who were generally skilled in the French Tongue Note That when the Speaker finds divers Bills prepared to be put to the Question he gives notice the Day before That on the Morrow he intends to put such Bills to the Passing or third Reading and desires the special Attendance of all the Members Note also That if a Bill be Rejected it cannot be any more proposed during that Session A Bill sent by the Commons up to the Lords is usual to shew their Respect attended with Thirty or Forty of the Members of the House As they come up to the Lords Bar the Member that hath the Bill making three profound Reverences delivereth it to the Lord Chancellor who for that purpose comes down to the Bar. A Bill sent by the Lords to the Commons is usually sent by some of the Masters of the Chancery or other Person whose Place is on the Wooll-sacks and by none of the Members of that House and they coming up to the Speaker and bowing thrice deliver to him the Bill after one of them hath read the Title and desired it may be there taken into Consideration if aftewards it pass that House then is written on the Bill Les Communes oâ—t assentez When any one in the Commons House will speak to a Bill he stands up uncovered and directs his Speech only to the Speaker then if what he delivers be confuted by another yet it is not allowed to answer again the same Day lest the whole time should be spent in Debate Also if a Bill be debating in the House no Man may speak to it in one day above once If any one speak words of Offence to the King's Majesty or to the House he is called to the Bar and sometimes sent to the Tower The Speaker is not allowed to perswade or disswade in passing of a Bill but only to make a short and plain Narrative nor to Vote except the House be equally divided After Dinner the Parliament ordinarily assemble not though many times they continue sitting long in the Afternoon Committees sit after Dinner where it is allowed to speak and reply as oft as they please Note By Death or Demise of the King the Parliament is ipso facto dissolved Anciently after every Session of Parliament the King commanded every Sheriff to proclaim the several Acts and to cause them to be duly observed yet without that Proclamation the Law intending that every one hath Notice by his Representative of what is transacted in Parliament of later times since Printing became common that Custom hath been laid aside See before in High Court of Parliament Page 51. To the Court of the High Steward of England BUT now by Stat 7 W. 3. Upon the Trial of any Peer or Peeress either for Treason or Misprision all the Peers who have Right to sit and Vote in Parliament shall be duly summoned Twenty days at least before every such Trial to appear at every such Trial and every Peer so summoned and appearing at such Trial shall Vote in the Trial of such Peer or Peeress so to be tried every such Peer first taking the Oaths mentioned in the Act of Parliament made 1 W. M. Intituled An Act for Abrogating the Oaths of Allegiance and Supremacy and Appointing other Oaths And subscribing and audibly repeating the Declaration mentioned in the Act made Anno 30 Car. 2. Regis For disabling Papists to sit in either House of Parliament Provided that neither the Act nor any thing therein contained be construed to extend to any Impeachment or other Proceedings in Parliament in any kind whatsoever Provided also That the Act nor any thing therein contained shall any ways extend to any Indictment of High Treason nor to any Proceedings thereupon for Counterfeiting the King's Coyn his Great Seal or Privy Seal his Sign Manual or Privy Signet See before in The Court of the High Steward of England Page 81. Of the Power and Authority of the Protector and Defender of the Realm and Church of England during the King's tender Age. And Guardian c. of England in the King's Absence FOR his Authority Place and Precedency See Rot. Parl. Anno 1 Hen. 6. Nu. 26 27. 2 Hen. 6. Nu. 16. 6 Hen. 6. Nu. 22 23 24. 8 Hen. 6. Nu. 13. 11 Hen. 6. Nu. 19. 32 Hen. 6. Nu. 71. The Lord Coke in his 4th Inst. Cap. 3. saith The surest way is to have him made by Authority of the Great Council in Parliament Richard Duke of Gloucester Uncle to King Edward the 5th and afterwards King by the Name of Richard the 3d. was by the Council then Assembled made Protector of King Edward the 5th and his Realm during his Minority Holinshead's Chron. fol. 1363. And for the Government of the Realm and Surety of the Person of King Edward the 6th his Uncle Edward Earl of Hertford was by Order of the Council and the Assent of his Majesty appointed Governour of his Royal Person and Protector of his Realms Dominions and Subjects and so proclaimed the 1 st of February Anno 1547. by an Herauld at Arms and Sound of Trumpet through the City of London in the usual places thereof And on the 6th of Feb. Anno 1547. the said Earl of Hertford Lord Protector Adorned King Edward with the Order of Knighthood remaining then in the Tower and therewith the King standing up called for Henry Hubblethorn Lord Mayor of the City of London who coming before his Presence the King took the Sword of the Lord Protector and Dubbed the said Hubblethorn Knight Holinshead Chron. fo 1614. The King when he intends to go or is in remotis out of the Realm appoints a Guardian c.
Sessions continueth till a Prorogation or Dissolution And the difference between an Adjournment and Prorogation is that after an Adjornment all things stand as they did before but after a Prorogation alâ— former proceedings not passed the Royal assent are made null and void When a Parliament is called and doth sit and is Dissolved without any Act of Parliament passed or Judgmenâ— given then it is no Sessions but a Convention Co. 4 Inst 28. A Bill was preferred An. 6 Hen. 6. that none should Marry the Queen Dowager of England without license and assent of the King on pain to lose all his Goods and Lands The Bishops and Clergy assented by content so far as the same swerved not from the Law of God or of the Church and so far as the same imported no deadly Sin The Act of Parliament is holden good and absolute for that the assent of the Clergy could not be conditionally neither was it against the Law of God c. as appears by Magna Charta cap. 7. Confirmed by 32 Acts of Parliament Co. 4 Inst fo 35. Of this Court it is said Si Antiquitatatem spectes est Vetustissima si Dignitatatem est Honoratissima si Jurisdictionem est Capacissima Fortescue Huic nec metas rerum nec tempora pono Virgil. King Henry the Eighth commanded Thomas Earl of Essex to attend the Chief Justices and know Whether a Man that was forth-coming might be attainted of Treason by Parliament and never called to answer The Judges answered It was a dangerous Question and that the High Court of Parliament ought to give Examples to Inferiour Courts for proceeding according to Justice and no Inferiour Court could do the like and they thought the High Court of Parliament would never do it But being by express Commandment of the King pressed by the said Earl to give a Direct Answer they said That if he be attainted by Parliament it could not come in question afterwards whether he were called or not called to Answer which was according to Law Altho' they might have made better Answer since by Magna Charta no Man ought to be condemned without being called to answer But Facta tenent multa quafieri prohibentur By ancient Law when any one was to be charged in Parliament with any Crime Offence or Misdemeanour The King's Writ was directed to the Sheriff to summon and enjoyn the Party to appear before the King in the next Parliament or otherwise it may be directed to the party himself as appean by the Writs King Henry the Eighth being in Convocation ackowledged Supream Head of the Church of England thought it no difficult matter to have it confirmed by Parliament but was secretly desirous to have the Impugners of it incur High Treason but having little hope to effect that concerning High Treason sought to have it pass in some other Act by words closely couch'd and therefore in the Act for Recognition of his Supremacy the Title and Style thereof is annexed to the Crown Afterwards by another Act whereby many Offences are made High Treason It is amongst other things Enacted That if any person or persons by Word or Writing Practise or Attempt to deprive the King or Queen or their Heirs apparent of their Dignity Title or Name of their Royal Estates should be adjudged Traytors Whereupon many were put to death The Will of Richard the Second whereby he gives Money Treasure c. to his Successors upon condition that they observe the Ordinances and Acts made at the Parliament in the 21th year of â—is Reign is adjudged void it being in â—estraint of the Sovereign Liberty of his Successors And it is a certain Maxim That Leges posteriores priores â—ontrarias abrogant The Acts of Parliament or Petition of Right may be Inrolled in any or all â—ther Courts of Record Every Member ought to come or â—e may be Fined and the Sheriff if he â—ake not due Return of all Writs may â—e punished King Henry the Eighth projected in Parliament No King or his Kingdom could be safe without Three Abilities First To be able to Live of his own and to be able to defend his own Kingdom Secondly To assist his Confederates else they would not assist him Thirdly To reward his well deserving Servants Now the Project was That if the Parliament would give all Priories Monasteries c That for Ever in time to come He would take care the same should not be converted to private use but employ'd to enrich hiâ— Exchequer for the purposes aforesaid To maintain 40000. Soldiers for strengthning the Kingdom The Subjects should not be burthened with Subsidies Loans c. That for 29 Lords of Parliament Abbots and Priors he would create 〈◊〉 Number of Nobles Now the Monasteries were given to the King but 〈◊〉 Provision for the Project made by thesâ— Acts only Ad faciendum populum thesâ— Possessions were given to the King anâ— his Successors to do therewith at his anâ— their own Wills to the pleasure of Alâ— mighty God and the honour and proâ—â— of the Realm Now observe the Catâ—strophe in the same Parliament of Henâ—â— the Eighth When the Opulent Priorâ— of St. John's of Jerusalem was given tâ— the King he demanded and had a Subsidy both of the Clergy and Laity And the like he had in the 34th of Henry the Eighth and in the 37th of Henry the Eighth And since the Dissolution of Monasteries he Exacted divers Loans and against Law received the same If the King by Writ call any Knight or Esquire to be a Lord of Parliament he may not refuse for the good of his Country The Fees of Knights of Parliament is Four shillings per diem Citizens and Burgesses Two shillings Coke's 4. Inst 46. The Parliament at Coventry Anno 6 Hen. 4. for that in the Writs it was Directed pursuant to the precedent Ordinance of the House of Lords That no Lawyer should be Elected It was called Indoctum Parliamentum and such Prohibition was Null and Void and the Ordinance afterwards Repeal'd The Sheriff of Bucks was Returned Knight for Norfolk and being afterwards served with a Subpoena pendente Parliamento had the priviledge of Parliament allowed him 1 Caroli Regis primi Judges are not to Judge of any Law Custom or Priviledge of Parliamenâ— they being more properly to be learneâ— out of the Rolls of Parliament Recordâ— and by Presidents and continual experience than by or from any Man Penn. Parliament from Parler la Ment 〈◊〉 called because every Member oughâ— sincerly Parler la Ment for the good 〈◊〉 the Common-wealth is the Highest anâ— most Honourable Court of Justice 〈◊〉 England consisting of the King thâ— Lord Spiritual and Temporal and thâ— Commons consisting of Knights Citizeâ— and Burgesses and in Writs and Judical Proceedings it is called Commâ—â— Concilium Regni Angliae It appeareth That divers Parliaments have beeâ— holden before and since the time of the Conquest which are in print and many more appearing in ancient Records anâ—
word Districtionem for Destructionem altering the sense of the Statute of Gloucester although but by one letter adjudged it was matter of substance and the Writ could not be amended Cokes 5 Rep. 45. Freeman's Case The Acts of 7 Hen. 7. and 3 Hen. 8. are perpetual Acts for the word King doth include all his Successors Cokes 6 Rep. 27. Case of Soldiers Althô the Statutes speak only of the Party yet Executors and Administrators shall take advantage of it Cokes 6 Rep. 80. Sir Edw. Phitton's Case Resolved in Englefield's Case That by tender of the Ring according to the Condition the Uses were void and the Estate vested in the Queen by force of the Attainder and of the Act 33 H. 8. Cokes 7 Rep. 15. In the case of the Prince the King's Charter having the Force of Parliament is sufficient in it self without any other Act for it is affirmed by Parliament by Stat. 9 H. 5. That it was agreed at the Parliament 11 Ed. 3. That the eldest Sons of the Kings of England were Dukes of Cornwal and that Dutchy should remain to them without being given else where Cokes 8 Rep. Case of the Prince from 25 to 29. In many cases the Common Law doth comptrol Acts of Parliament and sometimes shall adjudge them void For when an Act of Parliament is against common Right and Reason or repugnant and impossible to be performed the Common Law shall adjudge it void Cokes 8 Rep. 118. Dr. Bonham's Case and 128 129 Case of the City of London When an Act of Parliament maketh any Coveyance good against the King or other Person certain it shall not take away the Right of any other althô there be not any saving in the Act Cokes 8 Rep. Sir Francis Barington's Case 138. In case of Sentence of Deprivation of one and Presentment Institution and Induction of another after by relation of a General Pardon all are restored without Appeal or new Presentation Admission or Institution Cokes 9 Rep. Lord Sanchar's Case In an Act of Parliament misnaming of a Corporation when the express meaning appeareth shall not avoid the Act no more than in a Will Cokes 10 Rep 54 to 57. Case of the Chancellor of Oxford If an Act of Parliament were intended to Repeal a former Act it could not be by general and doubtful words Cokes 10 Rep 138. the Case of Chester Mills It cannot be intended that a Statute made by Authority of the whole Realm should do any thing against Truth Cokes 11 Rep. 14. Priddle and Napper's Case The Title of the Act is no part of the Act as the preamble is and Penal Statutes shall be taken by intendment to remedy mischiefs and suppress Crimes Cokes 11 Rep. 34. Powlter's Case Penal Statutes are to be followed chiefly in Informations strictly and in terminis according to the purview of the Act Cokes 11 Rep. 56. Dr. Forster's Case Where the Rule is Leges Posteriores priores contrarias abrogant countrarium est duplex Vide Cokes 11 Rep. 63. Dr. Foster's Case Statut ' Praerogativa Regis saith The King shall have Annum Diem Vastum which is as much as to say he shall have the Trees c. to his own disposition Cokes 11 Rep. 83. Levis Bowles's Case By Stat. 4. Ed. 3.14 A Parliament shall be holden once a year and oftner if need be By Stat. 36 Ed. 3.10 A Parliament shall be holden every year By Stat. 5 R. 2. Stat. 2.4 Every Person and Comminalty having Summons of Parliament shall come thither in pain to be amerced or otherwise punished and if the Sheriff doth not Summon them he shall be likewise amerced or otherwise punished as hath been used in times past What persons are to be Elected Knights Citizens and Burgesses to serve in Parliament the manner of their Election and Levying of their Expences and the divers Acts of Parliament for regulating their Elections you may see in the Statutes at large By Stat. 6 Hen. 8.16 No Knight Citizen Burgess or Baron of any of the Cinque-Ports shall depart from the Parliament without License of the Speaker and Commons in Parliament assembled to be entred upon Record in the Clerk of the Parliaments Book on pain to lose their Wages By Stat. 33. H. 8.21 The Kings Royal Assent by his Letters Patents under the Great Seal and Signed by his Hand and notified in his absence to the Lords and Commons assembled in the upper House is and ever was of as good strength and force as if the King were personally present and had publickly assented thereunto By Stat. 12 Car. 2. cap. 1. It 's declared That the Parliament begun the 3d of November 16. Car. 1. is dissolved and that the Lords and Commons now sitting are the two Houses of Parliament notwithstanding any want of the Kings Writs of Summons or any other defect Stat. 16 Car. 2 cap. 1. The sitting and holding of Parliament shall not be intermitted above three years and now a new Parliament is to be called every Three years Stat. 6 W. M. Stat. 30 Car. 2. cap. 1. No Peer shall Vote make Proxy or Sit during any Debate in the House of Peers nor any Member of the House of Commons Vote or Sit there after their Speaker Chosen till they first take the Oaths of Allegiance and Supremacy and Subscribe and Repeat the Declaration in the Act mentioned between the hours of nine in the Morning and four in the afternoon at the Tables in the middle of the said Houses in a full House in such order as each House is called over for which Declaration and other Matters see the Statute at large But now those Oaths by late Acts are altered and others appointed in their stead Tbe Executive Power in Temporal Affairs A Brief account having been given of the Parliament in which is comprehended the Legislative power in Temporal Affairs We are next to consider the Executive power in the same and that is generally in the King he being the Fountain of Justice and Lord Chief Justice of Englaâ—d and because he is Caput Principium Finis Parliamenti by which the Laws are made and nothing can have the force of Law without his consent given in Parliament by Le Roy le veut therefore All the Laws of England are called the Kings Laws All the Courts of Judicature are called the Kings Courts And all the Judges of these Courts are called the Kings Judges And the High Court of Parliament being the Highest Court of Judicature all other Courts and Person in England are subject to it The Court of the High Steward of England HIs Stile is Seneschallus Angliae which word Seneschallus hath several Derivations yet as being applied to England it is properly derived from Sen that is Justice and Schale that is Governour or Officer that is Praefectus seu Officiarius Justitiae And this agreeth well with his Authority and Duty to proceed Secundum Leges Consuetudines Angliae This Office is very ancient and
of the Papers keeps all Rolls Script Pleadings and other things which are not of Record The Custos Brevium Files all Writs Original and Judicial after their Return by the Sheriffs and is chargable for the same if imbezled The Custos Sigìlli Seals all Judicial Writs Patents and Licenses issuing out of the Court and taketh the Fee and thereof makes Accompt The Attorneys which are for Plaintiffs and Defendants in every Cause Frame and make Pleadings The Marshal of the Court who either by himself or his Deputy or Servants attends the Court to receive Prisoners committed to their Custody The Clerk of the Declaration keeps and Files Declarations after they are Ingrossed and continued on the Back from the Term you Declare till Issue Joyned The Clerk of the Rules makes all Rules and Enters them and gives Copies and also Files all Affidavits c. The Phillizers one for each County to make all mean Process after Original in proceeding to the Utlary The Clerk of the Errors allows 〈◊〉 Writs of Error and makes the Supersedeas thereupon and Transcribes the Records into the Exchequer Chamber The Cryers always attend the Court to call Non-suits give Oaths to Wiâ—nesses Jury Men at Tryals and dâ— such other Business as the Court shaâ—â— direct and at the end of every Term do attend the Court. The Porter of the Court who bringâ— all Records into Court when they aâ—â— to be used This Court may Bail any person foâ— any Offence whatsoever and if a Free man in any City Burrough or Towâ— Corporate be Disfranchised unjustly albeit he hath not priviledge in thâ—â— Court yet this Court may relieve the party as appears in Coke's 11 Rep. Jamâ—â— Bagg's Case Et sic in similibus H. P. Captus per querimoniam Mercaâ—â—rum Flandriae imprisonatus offert Domino Regi Hus Haut in plegio ad stâ—â—dum recto ad respondendum praediâ—â—â— Mercatoribus omnibus alijs qui vâ—â—sus eum loqui voluerint c. The French word Hus signifying an Elder-Tree and Haut the Staff of a Halbert aâ—â— thought then to be Common Baâ— changed now to Doo and Roo and thâ—â— then putting in Bail at one Man's Suit was in Custodia Mareschalli to answer all others that should Sue him by Bill and this continueth to this Day A Scire facias to Repeal a Patent of the King may be brought in this Court In Ancient time when Pleas were holden in Parliament when the Parties descended to Issue the Record was Adjourned into the Kings-Bench By Stat. 18 Ed. 3. The Oath to be given to Justices when they take their place is to this effect viz. To serve the King in their Offices To warn them of any Damage do Justice take no Bribe give no Council where he is a Party maintain no Suit nor deny Right though by command from the King To procure the Kings profit and to be answerable to the King in Body Lands and Goods if found in default By Stat. 10. H. 6. not in Print The Justices Serjeants and the King's Attorney shall be paid their Wages by the Treasurer of England at Easter and Michaelmas without any other Suit By Stat. 28 Hen. 8. All Attaints shall be taken in the Kings-Bench and Common-Pleas and not elsewhere Stat. 5 Ed. 3.12 If Outlary happen before Justices of Oyer and Terminer and the Justices be risen before the Party yield himself he shall do it in the Kings-Bench The Justices in this Court are the Sovereign Justices of Oyer and Terminer Gaol Delivery Conservators of the Peace c. in the Realm and Sovereign Coroners of the Land And therefore where the Sheriff and Coroners may receive Appeals by Bill à Fortiori the Justices of this Court may do it Out of this Court are other Courts derived in respect of the multiplicity of causes which have increased Jurisdictio istius Curiae est Originalâ—â— seu ordinaria non delegata And the Justices of this Court were called Anciently Justiciae Justiciarij Locum tenentes Domini Regis c. And the Stile of this Court is Anglia in the Margent and the Chief Justice was called Justicia Angliae Justicia prima Justiciarius Angliae capitalis Justiciarius noster capitalis ad placita coram nobis terminandâ— and in divers Acts of Parliament he is called Chief Justice of England The Kings Bench hath Authority for Great Misprisions and Offences to Adjudge and Inflict corporal Punishments as Pillory Papers and the like Coke's 4 Inst cap. 7. The Court of Common Pleas. THis Court is so called because there are debated the usual Pleas between Subject and Subject althô not in respect of Persons but in respect of the Pleas being Communia placita And some say this Court as well as others was at first held in the King's House wheresoever he resided But by Magna Charta it is ordained This Court should not be Ambulatory but held at a certain place and that hath ever since been in Westminster-Hall And this Court is the Lock and Key of the Common Law in Common Pleas for here all Real Actions whereupon Fines Recoveries and Common Assurances of the Realms do pass and all Real Actions by Original Writs are to be determined and all Common Pleas mixt or personal in divers whereof this Court and the Kings Bench have a concurrent Authority This Court Regularly holds no Plea but by Original Writ out of the Chancery and returnable into this Court But in certain cases it holds Plea by Bill without such Writ as for or against persons priviledged in this Court Also without Original Writ this Court may upon suggestion grant Prohibitions to keep Ecclesiastical Courts within their Limits and Jurisdiction This Court but no inferiour Court may write to the Bishop to certifie Bastardy or Legal Matrimony so likewise upon ancient Demesne pleaded The Lord Chief Justice of the Common Pleas or Common Bench holds his place Durante bene-placito by Letters Patent in this form Rex c. Sciatis quod constituimus dilectum fidelem E C. Militem Capitalem Justiciarium de Communi Banco habendum quamdiu nobis placuâ—â—it cum Vadijs Feodis ab antiquo debitis consuetis In cujus rei Testimonium has Literas nostras fieri fecimus Patentes Teste c. And the three other Judges have Letters Patent Sciatis quod constituimus dilect ' Fidelem P. W. Militem unum Justiciariorum nostrorum de Communi Banco c. The Jurisdiction of this Court is general and extendeth throughout all England And for the Antiquity of this Court Vide 6 E. 3. where a Fine was levyed in this Court 6 R. 1. And none of the Judges of this Court may take Fee of any but the King and they ought to observe and likewise all other Officers the Rule in Law Nemo Duobus utatur Officijs And now we come to The Officers THe Custos Brevium who is the Chief Officer of the Court. The Three Prothonotaries in whose Offices
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
in the 17th year of his Reign by Charter Established in Parliament created his Son Son called the Black Prince Prince of VVales in these words De Concilio Praelatorum Comitum Baronum Communiam in Generali Parliamento nostro apud Wesmonaster ' die Lunae in Quindena Paschae proximè praeterito convocato Ipsum Edwardum Pricipem Walliae fecimus creavimus Et dictum Principatum sibi dedimus concessimus per Chartam nostram confirmavimus ac ipsum de dicto Principatu ut ibidem praeficiendo praesidiat praesidendo dictas partes dirigat defendat per sertum in Capite Annulum in Digito aureum ac virgam argenteam investivimus juxta morem Habendum tenendum de nobis sibi Haeredibus suis Regibus Angliae imperpetuum c. And in the same manner is the Noble and primary County Palatine of Chester granted to him at the same time with the same words Sibi Haeredibus suis Regibus Angliae which import a limited Fee and that by his decease or attaining to the Crown these Dignities might be Extinguished in the Crown to the end the King for the time being might have the Honour and power to create his Heir apparent Prince of VVales and Earl of Chester as he himself had been by his Progenitors But otherwise it is in the Case of the Dutchy of Cornwal Vide Coke's 4 Inst cap. 48. that being without Creation and ever since 11 Ed. 3. the First begotten Son of the King is ever Duke of Cornwal And this may suffice for a Short Survey of the Principality of Wales And now proceed to The Military Government of England THe King hath the Sole Supream Goverment Command and Disposition of the Military Power of England both by Land and Sea As is at large declared in Parliament Anno 14 Car. 2. And By Land the next under the King is the Generalissimo when in being of all his Majesties Forces in his Three Kingdoms Horse and Foot in Say as well within Garison as without These Forces in the late King Charles the Seconds time consisted of 4 Regiments of Foot The King's Regiment 24 Companies and near 1700 Men The Dukes Regiment 720 Men Another Regiment 600 Men And the Earl of Craven's Regment of 960 Men And the Earl of Oxford's Regiment consisting of 8. Troops about 500 Horse besides Officers There were likewise in King Charles the Seconds time Three compleat Troops of Horse for his Life-Guard The Kings Troop 200 Horse The Queens Troop 150 Horse and the Duke of Yorks Troop 150 Horse The rest of his Majesties Forces in constant pay were disposed under several Governors in several Garisons of which there are about Thirty two and in some of them the King had 500 Men in constant pay The pay of a Colonel of Horse 12 s. per diem A Collonel of Foot 20 s. per diem and other Officers proportionably Each of the Life-Guards 4 s. per diem And each Trooper 2 s. 6 d. per diem Each Foot Soldier in London 10 d. per diem Each Foot Soldier in Garrison 8 d. per diem These Forces were afterwards much encreased but no Orders are yet setled by Act of Parliament for these Land Forces as there are for Sea Forces But now they are settled by Act of Parliament to be 7000 natural born Subjects The Officers included Besides these Forces before mentioned the Standing Militia of the Kingdom is settled in the King by Acts of Parliament Tempore Car. 2. to be Governed Ordered and Enlarged from time to time as his Majesty shall see occasion For Government of these the King by Commission Creates divers of the Peers of the Kingdom Lieutenants of the several Counties with power to Arm Array and Form into Companies Troops and Regiments and to conduct upon occasion of Rebellion or Invasion and employ there Men so Armed within their respective Counties or into any other County as the King shall direct To give Commissions to Colonels and other Commissionated Officers To present to the King the Names of Deputy Lieutenants To charge ay person with Horse Horse-Men and Arms or Foot Soldiers and Arms within the said County proportionable to their Estates with limitation that no person be charged with a Horse unless he hath 500 l. yearly or 6000 l. personal Estate or with a Foot Soldier unless he hath 50 l. yearly or 600 l. personal Estate Those that have meaner Estates are to joyn Two or Three together to find a Horse or Horseman or a Foot Soldier The said Horse or Foot to Muster once or twice a year and each Horse-Man while he serves to have 2 s. a day and each Foot Soldier 12 d. per diem They have likewise power to levy a Fourth part of the Tax of 70000 l. per Mensem for Ammunition And in case of Marching against an Enemy they have power to cause every Man so charged to allow each Soldier a Months pay which the King is after to pay before they be charged with another Months pay In 1588 Upon the Muster made by Commission from Queen Eliz. in expectation of the Spanish Invasion there were found to be Three Millions and of those fit for War about 600000 Men. In all times of danger some are set to watch at every Beacon to give notice in a few Hours to the whole Kingdom There were anciently many Castles in all parts of England But Inland Castles have been either demolished or willingly suffered to decay that Rebels or Invaders might have no Shelter or the Invaded any Refuge to Fly to whereby to occasion any Lingring And now we come to the Military Courts amongst which the chief is The Court of Chivalry before the Constable and Marshal THis Court is called Curia Militaris and the Marshal Court wherein the Lord Constable and Earl Marshal of England are Judges And is the Fountain of the Martial Law Constable Is compounded of two Saxon words Cunning per contractionem King Stable id est Columen q. Columen Regis anciently written Coningstable Marshal Likewise of two Saxon wards Mare for Equus and Stale for Curator The Jurisdiction is declared by the Statute of 13 R. 1. To the Constable it appertaineth to have Conusance of Contracts and Deeds of Arms and of War out of the Realm and also of Things that touch War within the Realm which cannot be determined or discussed by the Common Law with other Usages and Customs to the same pertaining which other Constables have duly and reasonably used in their time joyning to the same that every Plaintiff shall declare plainly his Matter in his Petition before that any Man be sent for to answer thereunto And if any will complain that any Plea be commenced before the Constable and Marshal that might be Tried by the Law of the Land the same Complainant shall have a Privy Peal of the King without difficulty directed to the said Constable and Marshal to Purcease in that Plea
Lowland or South Scotland bordering on England The Seat of the old Picts 156 Miles long and 110 broad divided into 22 Counties viz. 1. Lorn chief Town Dunstafag 2. Cantire chief Town Kiltan 3. Argile chief Town Innerera 4. Lennox chief Town Dunbarton 5. Menteith chief Town Dunblain 6. Strathern chief Town Abernethy 7. Fife chief Town St. Andrews 8. Sterlin chief Town Sterlin 9. Lothien chief Town Edinburgh 10. March chief Town Coldingham 11. Tivedale chief Town Jedburg 12. Twedesdale chief Town Pebles 13. Cledesdale chief Town Glascow 14. Cunningham chief Town Irwing 15. Kile chief Town Aire 16. Carrick chief Town Bargenny 17. Galloway chief Town Kircowbrig 18. Niddesdale chief Town Dumfrees 19. Annandale chief Town Annand 20. Eskedale 21. Eusdale and 22. Isle of Arran Edinburgh is the Chief of the Kingdom and Seat of the former Kings These Provinces are divided into Sheriff-doms which are Hereditary and into 13 Diocesses for Ecclesiastical Government by Malcolm 3d Anno 1072. And into the two Arch-bishopricks of St. Andrew and Glasco Ann. 1478. St. Andrew having 8 Bishops under him and Glasco 3. The Archbishop of York before that time being Metropolitan of Scotland And Palladius Anno 411 was sent by Celestinus Bishop of Rome to be their first Bishop The chief Rivers are two viz. 1. Spey and 2 Tey The chief Hills are those of Cheviot and Albany The chief Lakes 1 Lomond 2 Nessa and 3 Tay. The miraculous things 1. The Lake of Mirton part of whose Waters Congeal only 2. The Lake of Lennox 24 Miles round in which are 30 Islands one of them driven with every Tempest and 3. the Deaf-stone 12 foot high and 33 Cubits thick The Archbishopricks two Bishopricks 12 and Universities 4. The Arms Sol a Lyon Rampant Mars with a double Tressure Counterflowry added upon making the perpetual League with France Barbarons were the Feides here and the Custom changed into Mercheta Mulieris by Malcolm Conmer at Request of his Wife Sister to Edgar Atheling Scotland was an Heptarchy but now a Monarchy King James the first endeavoured in Parliament to make a Union of both Kingdoms But the Judges Resolved That Anglia had Laws and Scotia had Laws But the new Erected Kingdom of Britannia should have no Laws and therefore till there was a Union of the Laws there could be no Union of the Kingdoms The mighty and ancient Kingdoms of England and Scotland were anciently but one and as their Religion and Language was one so there was one kind of Government and one Law which Ruled both with many Unanimous Agreements between them which evidently appeareth by many Proofs First That the Laws of Scotland are divided as the Laws of England into the Common Laws Acts of Parliament and Customs their Common Laws being principally contained in two Books One called Regiam Majestatem because it beginneth as doth Justinian's Institutes with those words And agreeth in substance with our Glanvil and most commonly de Verbo in Verbum and many times our Glanvil is cited therein The second Book is called Quoniam Attachiamenta it beginning with those Words Secondly The Descent of the Crown of Scotland and of Lands to Subjects is the same with England Thirdly They have the like High Court of Parliament consisting of Lords Spirituals Lords Temporal and Commons But of latter times the Lords Spiritual chuse eight Temporal Lords and the Lords Temporal eight Spiritual Lords These Sixteen make choice of eight for Counties and eight of Cities and Burroughs in all 32 But whatsoever is agreed upon by them the King or his High Commissioner doth allow or disallow by moving of the Scepter c. Fourthly They have the same Degrees of Nobility as Dukes Marquisses Earls Viscounts and Barons Fifthly The same great Officers as Chancellor Treasurer Lord Privy Seal Secretary c. Sixthly The same Ministers of Justice as Sheriffs Coroners c. Seventhly The same Laws for the most part appropriated unto England viz. Tenant by the Curtesy because they had Laws as England had Eighthly The like Writs as De Recto Assisa de Novel Disseisin Mort de Ancestor de Gard de Ideot ' inquirend ' Replegiar ' Attachm ' c. Ninthly They agree with Magna Gharta concerning Ward-ships Tenthly With Charta de Foresta for it is lawful for Bishops Earls and Barons coming or returning through the Kings Forests at the Kings Command to kill own or two Beasts in the sight of the Forester Or otherwise in his Absence to blow his Horn that he appear not to take it Thievishly Eleventhly The Lord of whom the Land is holden per Antiquius Feoffamentum shall have the Wardship of the Body Twelfthly The Sheriffs should cause the Acts of Parliament to be proclaimed as heretofore in England Thirteenthly The Sheriffs there have Inheritance in their Office as sometimes in England and still in Cumberland they have Fourteenthly The same Vocables of Art are used in both Kingdoms But by reason of their Acts of Parliment which in many Points have altered diminished and abrogated many of the old and made new Laws and other Proceedings the distinct Kingdoms as they now stand have many different Laws Coke's 4 Inst. 345 346. By the Statute of 1 Jac. 1.2 An Authority is given to certain Commissioners of both Houses of Parliament to Treat with certain Commissioners of Scotland concerning the Settlement of an Union and Peace between the Kingdoms of England and Scotland By the Statute of 4 Jac. 1. Laws of Hostility and the dependences thereof between the two Nations of Scotland and England are Repealed Felonies Committed by English Men in Scotland shall be Tried in Cumberland Westmorland or Northumberland before Commissioners and Jurors of England for which see more in the Statute By the Statute of 7 Jac. 1.1 If an English Man shall commit Felony in Scotland and then fly into England the Justices of Assize or one of them the Justices of Gaol Delivery in their Gaol Delivery or four of them or the Justices of Peace in Sessions or four of them may send the Offender into Scotland to be Tried By the Statute of 19 Car. 2. cap. 13. Twelve persons to be nominated by the King shall be Commissioners for this Kingdom who or five or more of them after the 10th of January 1667 and before the 25th of March 1688 and so from time to time may meet at such place in England as the King shall appoint with Commissioners for the Realm of Scotland and Treat and Determine concerning the Liberty of Trade between the two Kingdoms by suspending Impositions c. charged since the 25 of March in 12 year of the Kings Reign upon Commodities of the Growth or Manufacture of either Kingdom or of any of the English Plantations or other Commodities Exported out of England into Scotland their Determinations to be reduced into Writing under the Hands and Seals of the Commissioners and being Ratified by the King shall be in force for a year from the Date of such
Ratification or to the end of the next Session of Parliament By the Statute of 22 Car. 2. cap. 9. Persons to be nominated by the King under the Great Seal or so many of them as shall be appointed to be of the Quorum shall have power to Treat with Commissioners to be Authorised by the Parliament of Scotland concerning an Union of the Realms and such other Matters as they shall think fit for the Kings Honour and Good of both Kingdoms Their Proceedings to be reduced into Writings or Instruments Tripartite one part whereof to be presented to the King another to the Parliament of England and a third to that of Scotland Provided that nothing to be agreed on by them shall be of force till confirmed by Act of the Parliament of England By the Statute of 4 Jac. 1.1 He that is once Tried in Scotland shall not be called in Question again for the same Offence By the Statute of 2 Ed. 4.8 Merchandize carried into or brought out of Scotland or the Isles thereof shall be first brought to Berwick in pain to forfeit the same As the Law hath wrought four Unions 1st The Union of both Kingdoms under one Natural Liege Sovereign King being so acknowledged by the Act of Recognition 2ly The Union of Liegeance and Obedience of the Subject of both Kingdoms due by the Law of Nature to their Sovereign 3ly The Union of Protection of both Kingdoms equally belonging to the Subjects of either of them 4ly The Union of the three Lyons of England with that one of Scotland United and Quartered in one Escutcheon So the Law doth make four Seperations 1st England and Scotland remain several and distinct Kingdoms 2ly They are Governed by several Judicial or Municipal Laws 3ly They have several distinct and seperate Parliaments 4ly Each Kingdom hath several Nobilities For albeit a Postnatus in Scotland or any of his Posterity be the Heir of a Nobleman of Scotland and by his Birth Legitimated in England yet he is none of the Peers or Nobility of England for his Natural Ligeance and Obedience due by the Law of Nature maketh him a Subject and no Alien within England But that Subjection maketh him not Noble within England for that Nobility had its Original by the Kings Creation and not of Nature More of which matter you may Read at large hereafter in Ireland And that the highest and lowest Dignities as a King and that of a Knight are nevertheless universal Coke's 7 Rep. 15. Calvin's Case In ancient time part of Scotland besides Berwick was within the Power and Ligeance of the King of England yet was Governed by the Laws of Scotland The Case in 42 Ed. 3.2 Ruleth it That so many as were Born in that part of Scotland that was under the Ligeance of the King were no Aliens but inheritable to Lands in England yet was that part of Scotland in another Kingdom governed by several Laws And certainly if they were Natural Subjects in that Case when the King had but part of Scotland when the King hath all Scotland they shall be Natural Subjects and no Aliens Barwick is no part of England nor Governed by the Laws of England yet they that have been Born there under the Obedience of one King are Natural Born Subjects and no Aliens There were sometimes in England whiles the Heptarchy lasted seven several Crowned Kings of several and distinct Kingdoms but in the end the West Saxons got the Monarchy and all the other Kings melted as it were their Crowns to make one Imperial Diadem for the King of the West Saxons over all Now when the whole was made the actual and real Ligeance and Obedience of one King they were all Natural born Subjects and capable of and Inheritable unto any Lands in any of the said Kingdoms Of all which matters and things last above mentioned you may read at large in Coke's 7 Report Calvin's Case By the Statute of 4 Jac. 1. For Repeal of Hostile Laws It is Enacted That no Englishman shall be sent out of England into Scotland for any Offence done in Scotland until the Realms be made one in Laws and Government There was a Proclamation the 20 of Octob. 20 Jac. 1. concerning the Kings Stile of Great Britain wherein all Judicial and Legal Proceedings are excepted Cokes 4 Inst 345. The Lesser Islands near Scotland ARE the Orcades or Isles of Orkeny in number 32 Situate against the North Cape of Scotland The chief being Pomonia whose prime Town is Kirkwal honoured with a Bishops See and strengthened with two Castles It is stored with Tinn and Lead and called by the Inhabitants Mainland The 2d Hotlands or Oceti the Inhabitants Bibacissimi sunt tamen non inebriantur These Isles in Solinus time were not Inhabited being over-grown with Rushes Now are they Populous and Fertile were first discovered by Julius Agricola and first possessed by Normans or Norwegians who surrendred them to Alexander King of Scotland 1266. They speak the Gothish Language Schetland lies two days Sailing North of Orcades and is supposed to be the Thule of the Ancients The Hebrides because Scituate West of Scotland in number 44. The chief Ila 24 Miles long and 16 broad Plentiful in Wheat Cattle and Herds of Red Deer The Isle of Sky 40 Miles long Iona famous for Sepulture of the Kings of Scotland Mula 25 Miles bigger than the other The People both in Language and Behaviour resemble the Wild Irish and are called Redshanks A COMPENDIUM OF THE Laws and Government OF IRELAND WITH THE ISLANDS Thereunto belonging Anno Domini 1699 IRELAND FROM Erinland signifying in their Language a Western Land lies on the West of England and Wales in length from the North parts of Antrim to the South parts of Cork 285 in breadth from the East parts of Down to the West parts of Mayo 160 Miles long Anciently called Juverna Hibernia Overnia Jernia Scotia minor Bernia and Vernia now by the Natives Eryn by the Welsh Yverden by the Germans Irlandt by the Italians Irlanda and by the French Irlande The first Inhabitants came out of Britain were anciently Rude and Barbarous having little Law or Government First partly Conquered by the Saxon Monarchs of England Then by the Norwegians not long after by Henry the Second of England till by little and little it was wholly Reduced to England and still remaineth so Governed by a Vice-Roy call the Lord Lieutenant or Deputy of Ireland whose Seat is at Dublin They received the Christian Faith by St. Patrick Anno 335 and are both Protestants and Papists Their Language is a Dialect of the Old British intermixed with Norwegian Danish and English The English is also frequently used among them and in some places a Mongrel Speech between both Their chief Commodities are Cattle Hides Tallow Butter Cheese Honey Wax Furs Salt Hemp Linnen Cloath Pipe-Staves Wool Frizes c. This Country is divided into Four Great Provinces Anciently Kingdoms viz. 1. Ulster Ineol Cui-Guilly on the North
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.
And sometimes the Kings of England have called the Nobles of Ireland to come to the Parliaments of England Coke's 4 Inst 350. And by Special Words the Parliaments of England may bind the Subjects of Ireland Co. 4 Inst ibid. And seeing good Acts of Parliament made in England since the Reign of King John extended not to Ireland unless it were especially named or by General Words included a Right profitable Act was made at a Parliament holden in Ireland Anno 10 Hen. 7. before Sir Edward Poynings then Deputy or Pro-Rex in Ireland and thereupon called Poyning's Law That all Statutes late made in England concerning the publick Weal should be accepted used and executed in Ireland Co. 4 Inst. 351. In what manner a Parliament is to be holden in Ireland and how Bills offered to the Parliament there shall be first Transmitted hither under the Great Seal of that Kingdom and having received Approbation here shall be returned hither to be preferr'd to the Parliament and several Questions and Doubts Resolved concerning this matter Vide Co. 4 Inst 353. By the Statute of 3 Hen. 2. all Persons having Lands Tenements or Offices Ecclesiastical or Temporal shall Reside upon the same and those that have Castles must there reside and repair and fortifie them And if they Depart they must appoint some able to supply their room or the Governour may dispose half their Living to such Defence Co. 4 Inst 356. At a Synod holden by St. Patrick in Ireland it was unanimously agreed That Irish Priests should have Wives Co. 4 Inst 356. There is an Ancient Record concerning Ireland necessary to be Explained In these Words REX Thesaurario Hiberniae Solutem Cum Edwardus primogenitus noster terram Hiberniae habeat teneat de dono nostro cum omnibus pertinentiis suis adeo libere quiete sicut eam in manu nostra teneremus per quod charissima filia nostra Alianora Consors dicti filij nostri Aurum suum tam de finibus quam sponte Oblatis in terra Hiberniae habere Debet sicut charissima Consors nostra Alianora Regina Angliae Aurum suum habet de eisdem in Regno nostro Angliae Vobis mandamus c. quatenus praefat ' Consorti filij nostri praedicti Aurum praedictum de finibus sponte oblatis etiam de quibuscunque aliis finibus praedictis habere facias in forma praedicta Et hoc c. In cujus c. Teste Rege 29 die Februarij Anno 52 Hen. 3. By this Record first it appeareth that as the Law was taken at that Day by Gift of King Henry the Third his Eldest Son Prince Edward was Lord of the Dominion and Lordship of Ireland Secondly That albeit the Wife of Prince Edward was not Queen in Name but had the Effect of it therefore she should have a Duty called Aurum Reginae as well as the Queen of England being but Lady in Ireland For albeit the Kings of Ireland were until the Statute of 33 Hen. 8. styled by the Name of Lords of Ireland yet was he Supremus and absolutè Dominus and had Royal Dominion and Authority and that his Consort was in rei veritate Regina or else she could not have had Aurum Reginae Albeit this Royal Dominion and Land of Ireland was of ancient time permitted to be granted De facto to the King's Sons before-mentioned yet by the Law the King by his Letters Patent could not grant so Royal a Member of his Imperial style to any no more than he could do of the Kingdom of England Co. 4 Inst 357. What was the Duty of Aurum Reginae and when due Vide 4. Coke's Inst 358. At a Parliament holden in Ireland by Howel Duke of Clarence Lieutenant there Anno 40 Edw. 3. called The Statute of Kilkenny The Brehon Law which was the Irish Judges Law is no Law but a Lewd Custom crept in of later times and never was the Law of the Ancient Britains from whom they are descended Co. 4 Inst 358. The Pro-Rex there hath been sometime called Custos Warden Lieutenant Chief Justice Deputy of Ireland Coke's 4 Inst ibid. If an Archbishoprick or Bishoprick in Ireland be void then the Chapter shall Sue to the King in England to go to Election and after Election made they ought upon Certificate thereof made to the King to obtain his Royal Assent to this Election and thereupon a Writ shall be directed out of the Chancery here to the Chief Justice of Ireland or his Lieutenant rehearsing all this matter and commanding him to take Fealty of the Bishop and to restore him to his Temporalties But now the Course is in Ireland to make such Writs there in the Name of the King But the King Names the Archbishops and Bishops there as he doth in England and then the Chapter chuse him whom the King Names and thereupon Writs are made of Course Coke's 4. Institutes 359. And whereas some have Divided this Kingdom into the English Pale and Wild Irish let Oblivion bury it for now all are reduced to Obedience and civil Behaviour◠So as a Man may justly say of the Old Britains Sunt in Bello fortes in Pace fideles And whereas some have said the Crown of England had the Country of Ireland by Donation from the Pope the following Record will manifest the Truth therein Altitonantis Dei largiflua Clementia qui est Rex Regum Dominus Dominantium ego Edgarus Anglorum Basileus omniumque rerum Insularum Oceani qui Britanniam circumjacent cunctarumque Nationum quae infra eam includuntur Imperator Dominus gratias ago ipsi Deo Omnipotenti Regi meo qui meum imperium sic ampliavit exaltavit super regnum patrum meorum Qui licet Monarchiam Totius Angliae adepti sunt à tempore Athelstani qui primus Regum Anglorum omnes Nationes quae Britanniam incolunt sibi armis subegit nullus tamen eorum ultra fines Imperium suum Dilatare aggressus est Mihi tamen concessit propitia Divinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferotissimis Regibus usque Norvegiam maximamque partem Hiberniae cum sua Nobilissima Civitate de Dublina Anglorum regno Subjugare quos etiam omnes meis imperiis colla subdere Dei favente gratia Coegi Quapropter ego Christi gloriam laudem in regno meo exaltar◠ejus servicium amplificare devotus deposui Et per meos fideles fautores Dunstanum viz. Archiepiscopum Ayelyolanum ac Oswaldum Archiepiscopos quos mihi patres spirituales consiliatores eligi magna ex parte disposui c. Facta sunt haec Anno Domini 964 Indictione 8. Regni vero Edgari Anglorum Regis 6 in Regia urbe quae ab incolis Ocleayeceastrie nominatur in natale Domini festivitate Sanctorum Innocentium feria 4 c. ✚ Ego Edgar Basileus Anglorum Imperator Regum gentium cum consensu principrim
in London Page 400 Chartereux in London Page 404 Cambridge City Page 426 Civil Government of Villages Page 431 Carolina Page 512 Caribee Islands Page 519 St. Christophers Page 526 Court of First-fruits and Tenths c. Page 548 D. DIvine Law Page 6 Delegates Court Page 44 Durham County Palatine Court Page 252 De Conservatore Treugarum i. e. Induciarum c. Page 302 Dominica Island Page 522 E. ENgland's Government Page 22 Ecclesiastical Government of England Page 28 Executive power in Causes Ecclesiastical Page 36 Executive power in Temporal Affairs Page 80 Exchequer Court Page 127 Eyre Justices Court Page 193 Execution of Laws in each County Page 222 Escheator 's Court Page 239 Ely's Royal Franchise Page 254 Ecclesiastical Government of the King's Court Page 308 Ecclesiastical Government of the Queen's Court Page 341 Ecclesiastical Government of Cities Page 344 Ecclesiastical Government of London Page 347 Ecclesiastical Government of Villages Page 431 English Plantations in Asia Page 491 English Colonies in Africa Page 492 English Plantations in America Page 492 F. FUndamentals of the Laws Page 8 Forrest Justices Court Page 175 Franchise of Ely Page 254 Franchise of Hexam and Hexamshire Page 255 First-fruits and Tenths Ecclesiastical Page 548 G. GOvernments in General Page 1 Government of England Page 22 Government Ecclesiastical of England Page 28 Government civil of England Page 51 Gaol-Delivery Justices Court Page 169 Government of Counties in England Page 207 Great Sessions in Wales Page 270 Government Military of England Page 275 Government Ecclesiastical of the King 's Court Page 308 Government civil of the King's Court Page 312 Green-cloth Court Page 315 Government Military of the King's Court Page 338 Government of the Queen's Court Page 341 Government Ecclesiastical of the Queen 's Court Page 341 Goveonment civil of the Queens Court Page 342 Government of Cities Page 344 Government Ecclesiastical of Cities Page 344 Government civil of Cities Page 345 Government Ecclesiastical of London Page 347 Government civil of London Page 348 Government Military of London Page 363 General Post-Office Page 381 Gresham Colledge in London Page 402 Government of the two Universities Page 415 Government of Boroughts in England Page 430 Government of Villages in England Page 430 Government Ecclesiastical of Villages Page 431 Government civil of Villages Page 431 Guernsey olim Servia Page 437 Government of Scotland Page 445 Government of Ireland Page 463 Guinea Page 492 Guardian of England Page 540 H. HUmane Law what Page 7 High Commission Court Page 36 High Court of Parliament Page 51 535 High Stewards Court Page 81 539 High Court of Chancery Page 90 Hundred Court Page 233 630 Heralds Colledge Page 283 Hustings Court Page 351 Halmote Court Page 358 Hebrides Islands Page 460 I. JUstices of Assize Nisi-prius Court Page 144 Justices of Oyer Terminer Court Page 153 Justices of Gaol-delivery Court Page 169 Justices of the Forrest Court Page 175 Justices in Eyre's Court Page 193 Justices of Trailbastons Court Page 195 Inns of Chancery Page 383 Inns of Court Page 384 Inns of Court manner of keeping Christmas Page 390 Judges Page 394 Islands adjacent unto England Page 433 Jersey olim Caesarea Page 437 Insula Vectis or Vectae Page 439 Ireland Page 463 Jamaica Page 530 K. KING Page 22 King's Bench Court Page 113 King 's Swanherd Page 204 587 King's Aulnager Page 205 590 King of England's Court Page 308 Knight Marshal Page 320 King 's great Wardrobe Page 332 St. Katherine's Page 378 Keeping Christmas in the Inns of Court Page 390 L. LAws in General Page 4 Law Eternal Page 4 Law of Reason Page 5 Law Divine Page 6 Law Humane Page 7 Law fundamentals Page 8 Laws and Constitutions Ecclesiastical Page 45 Leet Court Page 224 Law study Page 383 London Page 346 Lindisfarne Page 441 M. MOney collected for Houses of Correction or for the Poor Page 166 Mayor of the Staple's Court Page 263 Military Government of England Page 275 Maritime Power of England Page 287 Marshalsea Court Page 321 Military Government of the King's Court Page 338 Mayor and Aldermens Court Page 356 Military Government in London Page 363 Mootings in the Inns of Court Page 388 Mootings in the Inns of Chancery Page 390 Manner of holding Parliaments in the Inns of Court Page 392 Man Isle Page 433 Mariland Page 507 Montserrat Page 521 Mevis or Nevis Page 524 N. NAvy Office Page 295 Norwich City Page 411 Newfoundland Page 494 New England Page 496 New York Page 500 New Jersey Page 504 Nevis or Mevis Page 524 O. OFfice of Pleas in the Exchequer Page 142 Office of Tents Page 335 Office of the Robes to the King Page 335 Officers of the Robes to the Queen Page 342 Orphans Court Page 356 Office of the Ordnance Page 368 Office of the Warden of the Mint Page 373 Office of Records in the Tower Page 375 Oxford Page 415 Orcades Page 459 P. PRivy Council Page 22 Prerogative Court of Canterbury Page 40 Punishments by Ecclesiastical Courts Page 47 Punishments Ecclesiastical peculiar to the Clergy Page 49 Parliament High Court Page 51 535 Pipowders Court Page 246 Pembroke Palatine's Cuort Page 255 President and Council in the North Page 258 Principality of Wales Page 266 President and Council of Wales Court ibid. Port Courts Page 298 Parliament-holding in the Inns of Court Page 322 The Palace ibid. Post-Office General Page 381 Physicians Colledge in London Page 400 Plantations in Asia Page 491 Plantations in Africa Page 492 Plantations in America ibid. Pensylvania Page 505 Protector of England Page 540 Q. QUeen of England's Court Page 341 R. ROyal Franchise of Ely Page 254 River of Thames Conservator's Court Page 360 S. STar-chamber Court Page 104 Swanherd Page 204 587 Sessions of the Peace Court Page 210 Stannaries Court in the County of Devon and Cornwall Page 261 Lord Steward 's Court Page 324 325 Sheriffs Court in London Page 352 Serjeants Inns Page 392 Serjeants Call or Creation Page 393 Sion Colledge Page 403 Schools in London Page 405 Southwark ibid. Sorlings Page 440 Scotland Page 445 Scottish Isles or the Lesser-Islands near Scotland Page 459 Schetland I. ibid. T. TRyals Ecclesiastical in civil Causes Page 46 Tryals Ecclesiastical in criminal Causes ibid. The Tourn Page 223 Tower of London Page 365 Tangier Page 492 V. UNiversities Page 415 Virginia Page 510 St. Vincent Page 523 260 W. WItnesses Examination by Commissioners Page 203 Wardens Courts c. Page 260 Wales 266 Wardrobe of the King 332 Wardmote Inquest 358 Westminster City 406 Wight Island 439 Y. YEomen of the Guard 340 FINIS ERRATA PAge 14. line 11. read Escheators p. 17. l. 31. r. the. p. 21. l ult for of the Laws of England r. of the Jame p 25. l. 11. the Comma at without Warrant p. 57. l. 4. r. Roy. p. 69. l. 4. r. Martial p. 74. l. 23. r. The Stat of p. 78. l. 1. r. Sess 2. cap. 4. p. 102. l. 20. r. by a Deputy p 114. l. 12. r. Westminster p. 133. l. 4. r. Auditeth p. 136. l. 13. r. 2d p. 141. l ult r. 4. Instit p. 171. l. 10. r. plevisable p. 182. l. 7. r. circa l. 3. for nolucrint r. vâ—lâ—â—rint p. 185. l. 22. r belong p. 190. l. 15. r. nor p. 193. l. 19. r. of a Commission p. 201. l. 24. r. Banque p. 307. l. 15. dele in p. 209. l. 18. dele and. p. 225. l. 27. r. Easter p. 243. l. 10. r. Drachme l. 17. r. Avoir p. 275. l. 15. r. Pay p. 276. l. 21. r. were heretofore p. 279. l. 13. r. scale p. 280. l. 5. r. seale l. 7. r. surcease l. 13. surcease 281. l. 4. r. fact ' l. 16. r. Foy p. 291. l. 3. r. 62432. pounds p. 298. l. 19. r. 4 Instit 147. p. 301. r. Lynne p. 302. l. 6. r. Raised p. 303. l. 24. the Comma at concitat p. 304. l. 27. r. Foreign p. 306. l. 23. r. to that Sin p. 307. the Comma at Tacitus p. 327. l. 26. r. stick p. 350. l. 21. r. Camera Regis Reipublicae Cor totius Angliae Epitome p. 353. l. 6. dele and if they be not Inrolled p. 407. l. 13 r. secular p. 411. l. 17. for ortam r. ortum p. 463. l. ult r. called p. 464. l. 24. r. Belfast p. 468. l. 8. r. Universities one p. 476. l. 27. r. Ego p. 486. l. 6. r. Alienigena l. 19. r. 25. p. 510. l. 27. r. as p. 564 r. Plea p. 565. l. 4. r. F. N. B. 27 28 l. 7. r. 100. p. 570. l. 29. r. new framed p 579. l. 15. r. Testmoignes l. ult r. Bokland p. 607. l. 25. r. Letae
308 Civil Government of the King's Court 312 Compting-House 314 Court of Green-Cloth 315 The Knight Marshal 320 Court of the Marshalsea 321 Court of the Palace 322 Court of the Lord Steward Treasurer and Comptroller of the King's Houshlod concerning Felony c. 324 Court of the Lord Steward of the King 's House or in his Absence of the Treasurer Comptroller and Steward of the Marshalsea 325 King 's great Wardrobe 332 The Office of the Tents 335 The Office of the Robes ibid. Military Government in the King's Court 338 The Band of Pensioners 339 The Yeomen of the Guard 340 Court of the Queen of England Government of the Queen's Court 341 Ecclesiastical Government of the Queen's Court 341 Civil Government of the Queens Court 342 Officers of the Robes ibid. Government of Cities Government f Cities 34â— Ecclesiastical Government of Cities 344 Civil Government of Cities 345 City of London 34â— The Ecclesiastical Government of London 347 The Civil Government of London 34â— Court of Hustings 351 Sheriffs Court in London 352 Court of Conscience 354 Court of the Mayor and Aldermen 356 Court of Orphans 356 Court of Common Council 357 Court of Wardmote Inquest 358 Court of Halmote ibid. Chamberlain 's Court for Apprentices 359 Court of the Conservators of the Water and River of Thames 360 Court of the Coroner in London ibid. Court of the Escheator in London ibid. Court of Policies and Assurances 361 Military Government of London 363 Tower of London 365 Office of the Ordnance 368 Office of the Warden of the Mint 373 Office of Records in the Tower 375 St. Katherine's 378 Bridge ibid. Custom House 379 General Post-Office 381 Law Study 383 Inns of Chancery ibid. Inns of Court 384 Mootings in the Inns of Court 388 Mootings in the Inns of Chancery 390 Keeping Christmas in the Inns of Court ibid. Manner of holding Parliaments in the Inns of Court 392 Serjeants Inns ibid. Call or Creation of Serjeants 393 The Judges 394 Colledge of Civilians in London 396 Colledge of Physicians in London 400 Gresham Colledge in London 402 Sion Colledge in London 40â— Chartreux in London 40â— Schools in London 40â— Southwark ibid City of Westminster 40â— City of Norwich 41â— Government of the Two Universitieâ— The two Universities in England 41â— Oxford ibid Cambridge 42â— Government of Boroughs Government of Boroughs is England 43â— Government of Villages Government of Villages in England 43â— Ecclesiastical Government of Villages 43â— Civil Government of Villages ibid Islands adjacent to England Islands adjacent unto England 43â— Isle of Man ibid Anglesey 43â— Jersey olim Caesarea 437 Guernsey olim Servia ibid Insula Vectis or Vecta 43â— Sorlings 44â— Island Lindisfarne 44â— The Government of Scotland Scotland 445 The Islands near Scotland The Lesser Islands near Scotland 459 Orcades ibid. Schetland ibid. Hebrides 460 The Government of Ireland Ireland 463 English Plantations in Asia English Plantations in Asia 491 Bantan ibid. Bombaine ibid. English Colonies in Africa English Colonies in Africa 492 Guinea ibid. Tangier ibid. English Plantations in America 492 Newfoundland 494 New England 496 New York 500 New Jersey 504 Pensylvania 505 Mariland 507 Virginia 510 Carolina 512 Bermudas 515 Caribee Islands 519 Barbuda ibid. Anguilla 520 Montserrat 521 Dominica 522 St. Vincent 523 Antegoa 524 Mevis or Nevis ibid. St. Christophers 526 Barbadoes 527 Jamaica 530 See the Alphabetical Table at the End of the Book Finis Tabulae OF GOVERNMENTS c. The Original of Governments OF GOVERNMENTS there can be but Three kinds viz. One or More or All must have the Sovereign Power of a Nation If one then it is a Monarchy If more as an Assembly of Choice Persons then it is Aristocracy if All that is a General Assembly of the People then it is a Democracy And now in course we are first to speak of The Monarchical Government which as most resembling the Divinity and approaching nearest to Perfection being esteemed the most Excellent is of two sorts Regal and Political The first sort Monarchy Regal was begun by Nimrod who after the World began to increase got unto himself a Dominion over others and yet in Scripture he is not called a King but a Mighty Hunter before the Lord So Belus did subdue the Assyrians and Ninus the most part of Asia and so did the Romans usurp the Empire of the World And thus having set forth the beginning of the Regal Government of Kingdoms which Law Regal was no other thing but the Pleasure of the Prince as in the First of Kings you may read more at large We will now as being more for our purpose declare how Kingdoms of Political Government were first begun which we may term Monarchy Political St. Augustine in the 19th Book De Civitate Dei saith Aâ— People is a Multitude of Men associated by the Consent of Law and Communion of Wealth And yet such a People without a Head is not worthy to be called 〈◊〉 Body as in Natural things the Head cut off is not called a Body but a Trunk Wherefore Aristotle in his Civil Philosophy saith Whensoever One is made of Many among the same One shall be the Ruler and the other shall be the Ruleâ— And this Ruler thus raised and appointed in Kingdoms is called a King from the Saxon word Koning intimating Power and Knowledge wherewith every Sovereign ought especially to be Invested And thus of a Multitude of People ariseth a Kingdom which is a Body Mystical And in this Body Mystical or Political the Intent of the People like Blood in the Natural Body is the first lively thing that is Politick provision for the Utility and Wealth of the same People which is imparted to the Head and members of the same Body whereby it is Nourished and Maintained and by the Law which cometh from Ligando of Binding this Mystical Body is knit and preserv'd together and the Members and Parts thereof as the Natural Body by Sinews do every one retain their proper Functions And as the Head of a Natural Body cannot change his Sinews nor withhold from his Inferiour Members their peculiar Powers of Nourishments no more can a King which is the Head of the Body Politick change the Laws of that Body or withdraw from the said People their proper Substance against their Wills And therefore it now follows that we speak somewhat of the Fundamentals of laws in General and then descend to the particular Fundamentals of the Laws of England and afterwards briefly declare the Executive Powers of the same And first of Laws in General WHich are Four that more properly belong to this our Business viz. The Law Enternal The Law of Nations Divine Law and Human Law The Law Eternal LEx Aeterna is the Reason of the Divine Will whereby God will â—ave all things of him Created to be moved and directed to a good End and it is called The first Law and all other Laws are derived from it And this Law Eternal none may be able to
the Kingdom and not by the Country And these Maxims are not alone taken for Law but also all other like cases and all things necessarily following upon them are to be placed in like Law and they are in the same force and strength in Law as Statutes and althô all these Maxims might conveniently be numbred amongst the aforesaid General Customs since Ancient Custom is the sole Authority as well of these as those yet because those General Customs are diffused and known they may easily and without study in the Laws be known but these Maxims are only known in the Kings Courts or by those who are Learned in the Law and now for example sake we will mention a few of them since to declare them fully great Volumes would not suffice And first there is a certain Maxim in the Laws of England that no Prescription in Lands maketh a Right also that Prescription in Rents and Profits to be taken in the Lands of another maketh a Right also that the limitation of Prescription is generally taken à tempore cujus centrarij Memoria hominum non existit c. And further there are many other Maxims as in certain Actions The Process is by Summons Attachment and Distress Infinite and in some by Capias Infinite c. and that there should be these divers Processes in divers Actions may seem expedient and reasonable but that there should be these divers Processes had in the Law of England and none other cannot be proved by Reason therefore they must necessarily have their force from the Maxims aforesaid or the Ancient Custom of the Kingdom And some Maxims seem to be founded upon Reason Secundary and therefore some may think they may be put unto the first Fundamental of other Laws of England as if any command a Trespass he is a Trespassor c. And there are other Maxims and Customs which are not so manifestly known but may be known by the Law of Reason partly by Books of the Law of England which are called Year Terms partly by Records in the Kings Treasury and remaining in the Kings Courts and by a Book called the Register and by divers Statutes in which such Customs and Maxims are often recited Vide Doctor Student The Fifth Fundamental of the Law of England consists of Divers particular Customs used in divers Countries Towns Lordships or Mannors and Cities of the Kingdom which said particular Customs because they are not against Reason nor the Law of God altho' they are contrary to the aforesaid General Customs and Maxims of Law yet they retain the force of Laws And they ought not always to be determined by the Judges whether there be such a Custom or not unless in a few particular Customs sufficiently known and approved in the Kings Courts but ought to be tryed by the Country And of these particular Customs I shall put a few for Example As there is a Custom called Gavelkind in Kent where all the Brothers shall Inherit as the Sisters do at Common Law By Burrough English in the Town of Nottingham the younger Son shall Inherit In some Countries the Wife shall have all the Inheritance of her Husband in Name of Dower so long as she continues a Widow And in some Countries the Man shall have half the Inheritance of the Wife during his Life although he hath no Issue by her In some Countries the Infant may make a Feoffment at his Age of Fifteen years And in some Countries when he can Measure an Ell of Cloth yet such Infant may not make Warranty for if he do it is void in Law neither may he in such case make a Release Thus are held many other particular Customs The Sixth Fundamental consists of Divers Statutes Ordained in Parliament when other Fundamentals of the Law of England are not sufficient for it is to be known that altho' the Law of Reason may be assigned to be the first and principal Fundamental of the Law of England yet the Law of Reason is not of so great force and efficacy in the Laws of England that it alone being known all the Law of England is known For besides the Law of Reason he who desires to know the Laws of England ought to know the Custom of the Kingdom as well General a Particular and the Maxims and Statutes of Law or otherwise altho' hâ— were the wisest of Men he will understand but few things of the Truth oâ— the Law of England From these things before contain'd it may be deduced which often fall out That in one and the same case two or three Fundamentals of Law ought to concur together before the Plaintiff may obtain his Right as by Example may appear As if any afteâ— Entry by him made into any Land with a strong hand make a Feoffmenâ— for Maintenance to defraud the Possessor of his Action then the Demandant by the Statute of 8 Hen. 6. cap. 9. shall recover his treble Damages according to what Damages shall be assessed by the Jury In which case it appeareth that such Entry is prohibited by the Law of Reason Secundary but that the Demandant shall Recover his treble Damages is by the aforesaid Statute And that the Damages shall be Assessed by the Jury is by the Custom of the Kingdom And thus Three Fundamentals of Law concur in this case And it is to be noted that there are many Customs as well General as Particular and also Divers Laws called Maxims which take not their force from strong Reason but from the Custom of the Kingdom For by Statutes they may be changed into the contrary and what can be changed can never be affirmed to be the Law of Reason Primary As for Example How doth it stand with Reason or Conscience That if one bound in an Obligation to pay Money pay part of the Money but takes no Acquittance or lose it by the Laws of England he shall be compell'd to pay that Money again because of the General Maxim That in an Action of Debt upon Bond the Defendant may not plead Nihil debet or Quod poecuniam solvit nor otherwise discharge himself unless by Acquittance or other sufficient Writing amounting to a Discharge in Law and this to avoid the great Inconvenience which would follow if every one by word alone might avoid an Obligation And thus having briefly set forth the Fundamentals of the Law of England we shall proceed to the Government and the Legislative and Executive Power of the Laws of England The Government of England THe Government of England is 〈◊〉 the first and best kind viz. Monarchical Political Government The King BEing Supream Governour in 〈◊〉 Causes and over all Persons froâ— Him is derived all Authority and Jurâ—diction He being Quasi Intellectus Ageâ—â— Forma formarum c. And from thâ— King with the Advice of His Majesties Privy Council THat most Honourable Assembâ—â— in the Kings Court or Palace aâ— others receive their Motion It is calleâ— Concilium Secretum Privatum
vel Contâ—nuum Regis Concilium This is the Higâ— Watch-Tower wherein the King anâ— his Nobles Counsellors survey all hâ—â— Dominions and sometimes all the Dâ—minions of the World Consulting thâ— Honour Defence Profit and Peace 〈◊〉 his People and their Protection froâ— 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 Regiâ— 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 oâ— 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 Loâ—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
these Archbishops have the Style of Grace with the Title of Lord prefixed in speaking to them and are termed Arch or Chief Bishops it seeming requisite to our Ancestors according to other Christian Churches since the first Nicene Council to have amongst a certain number of Bishops One to be Chiefest in Authority over the rest for the remedy of General Disorders or when the Actions of any Bishop should be called in question c. And next under these Archbishops are Bishops Twenty four whereof Twenty one Bishops with their Bishopricks or Diocesses are in the Province of Canterbury and the other Three in the Province of York who are in Conformity to the first Times and Places of Established Christianity One of the Clergy Ordained in every City to have the preheminence over the rest of the Clergy within certain Precincts And these are likewise Lords in respect of their Baronies annexed to their Bishopricks and for easing the Bishop of some part of his Burthen as the Christians waxed Great or as in respect of the Largness of the Diocess in the primitive Times there were Ordained Chorepiscopi Suffragan or Subsidiary Bishops so in England are such Ordained by the Name of Bishops Suffragans or Titular Bishops who have the Name Title Style and Dignity of Bishops and as other Bishops are Consecrated by the Archbishop of the Province each one to execute such Power Jurisdiction and Authority and receive such Profits as are limited by the Bishop or Diocesan whose Suffragan he is By Act of Parliament of King Henry the 8th still in force they are to be only of several Towns therein named and in case the Archbishop or some other Bishop desire the same the Bishop is to present Two Able Men whereof the King chuseth One for any of the places named And the next in the Church Government is the Arch-Deacon who tho' a Presbyter himself is so named for that he hath Charge over the Deacons who are to be guided and directed by him under the Bishop and of these are Sixty in England And next under them are Deacons or Deans from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because anciently set over Ten Canons at the least which Canons were prudent and pious Pastors placed in a Collegiate manner at every Cathedral or Apostolick See where they might not only be ready to assist the Bishop in certain weighty Cases but also fit themselves for Government and Authority in the Church and accordingly in every Cathedral Church in England is A Dean and under him a certain number of Prebendaries or Cannons and this Dean is sometimes styled Alter Episcopi Oculus the other being the Arch-Deacon and of these Deacons are 26 Deans of Cathedral and Collegiate Churches and 544 Prebendaries And next are Rural Deans or Archi-Presbyters so called because they had usually charge over Ten Country Parsons Presbyters or Priests having the Guidance and Direction of them and of these are many in England And in the last place are Pastors Presbyters or Priests of every Parish commonly called Rectors unless the Praedial Tithes are Impropriated and then they are called Vicars quasi Vice Fungentes Rectorum and of these Rectors or Parsons and Vicars are about 9700 besides Curates who for Stipends assist such Rectors and Vicars that have the Cure of more Churches than One. Of all which with their manner of Election Consecration Function Precedence Priviledges and Duties c. you may Read more at large in several Authors who have writ particularly thereof to whom I refer and proceed to the first Great Wheel moved by the King and his Privy Council in the Ecclesiastical Government which is The Convocation BEing a National Synod which the King by the Advice of his Privy Council usually Convokes for the Church Legislative Power or for making Ecclesiastical Laws or consulting of the more weighty Affairs of the Church in this manner The King directs his Writ to the Archbishop of each Province whereupon the Archbishop directs his Letter to his Dean citing himself peremptorily and then willing him in like manner to Cite all the Bishops Deans Archdeacons Cathedrals and Collegiate-Churches and all the Clergy of his Province to the Place and at the Day prefixt in the Writ But directeth withal that One Proctor sent for each Cathedral and Collegiate Church and Two for the Body of the Inferiour Clergy of each Diocess may suffice The Dean Provincial accordingly directs his Letters to the Bishop of every Diocess within the Province Citing them in like manner to appear personally and the Cathedral and Collegiate Churches and Inferiour Clergy of his Diocess to send their Proctors to the Place and at the Day appointed also to certifie to the Archbishop the Names of all so Summoned by them The Place where the Convocation of the Clergy was usually held was heretofore at St. Paul's Church of latter Times in King Henry the Sevenths Chappel at Westminster The Higher House in the Province of Canterbury consisting of Twenty two Bishops of whom the Archbishop is President sitting in a Chair at the Upper end of a Great Table and the Bishops on each Side of the same Table all in their Scarlet Robes and Hoods the Archbishops Hood Furr'd with Ermin the Bishops with Minever The Lower House consisting of Twenty two Deans Twenty four Prebendaries Fifty four Archdeacons and Forty four Clerks representing the Diocesan Clergy in all One hundred Sixty six Persons Their Jurisdiction is to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein to proceed Juxta Legem Divinam Canones Ecclesiae and as they are called so they are often commanded by the King 's Writ to deal with nothing that concerns the King's Laws of the Land his Crown and Dignity c. And the same is so Declared by Act of Parliament 25 Hen. 8. cap. 19. And what Cannons they make with the Royal Assent are binding upon themselves and all the Laity But before the above-mentioned Act a Dism◠granted by the Clergy in the Convocation did not bind the Clergy before the Royal Assent The first Day of their meeting the Upper House chuse a Bishop for their Prolocutor and the Lower House being required by the Higher chuse them a Speaker or Prolocutor whom by two Members they present to the Upper House One of them making a Speech in Latin and then the Elect Person makes another Speech in Latin and then the Archbishop Answers in Latin and in the Names of all the Lords approves the Person Both Houses Debate and Transact only such matters as His Majesty by Special Commission alloweth In the Higher House all things are first proposed and then communicated to the Lower House The Major Vote in both Houses prevails Out of Parliament time they usually assemble about Nine of the Clock in the Morning And first the Junior Bishop says in Latin Prayers beginning with the Litany and Prayer for the King c. In the Lower House the Prolocutor says
Prayers The Parliament when required confirms the Consults of the Clergy that the People may be thereby induced to obey the Ordinances of their Spiritual Governours The Archbishop of York at the same time holds a Convocation for his Province at York in like manner and by Correspondence doth debate and conclude the same Matters with the Convocation for the Province of Canterbury Inter Leges Inae Anno Domini 727 A Convocation of the Clergy is called Magna Servorum Dei frequentia All the Members of both Houses have the like Priviledges for themselves and Menial Servants as the Members of Parliament and this by Statute Now they are required to subscribe Three of the XXXIX Articles Vide Stat. 13 Eliz. cap. 19. And the Canons ratified by King James 1 Jac. 1. And for The Executive Power in Causes Ecclesiastical THere are provided divers Excellent Courts the chief whereof for Criminal Causes was The High Commission Court THe Jurisdiction whereof was Enacted 1 Eliz. That Her Majesty Her Heirs and Successors should have power by Letters Patents under the Great Seal to Nominate and Authorize such person or persons being Natural born Subjects to Her Highness as Her Highness her Heirs or Successors should think fit to Exercise and Execute all manner of Ecclesiastical Jurisdiction within the Realms of England and Ireland or any other Her Highness Dominions to Visit and Reform all Errours Heresies or Schisms Abuses Offences and Contempts c. which by any manner of Spiritual and Ecclesiastical Power can or may be lawfully Reformed c. And that such person or persons should have full Power by Virtue of the said Act and Her Majesties Letters Patents to Exercise and Execute the Premisses according to the Tenour and Effect of the said Letters Patent And upon Declaration of this Act the Lord Coke raises two Questions First What Causes should belong to this Court Secondly In what cases they may Fine and Imprison As to the first it is certain That by the principal Clause of Restitution in that Act all Spiritual and Ecclesiastical Jurisdiction heretofore exercised or used or which might have been lawfully exercised or used were by the Authority of that Parliament annexed and united to the Imperial Crown of this Realm For whatever Power or Jurisdiction did belong to or was exercised by the Pope De facto doth now De jure belong to the King But by reason the Ecclesiastical Judges before the making of that Act ought to have proceeded according to the Ecclesiastical Censures of the Church and could not Fine and Imprison unless they had Authority by Act of Parliament Therefore the Lord Coke by reason of the Clause iâ— this Act That the Commissioners shall Execute the Premisses according to the Tenoâ—â— of the Letters Patent which Clauâ—â— refeâ—s â—o the former parts of this Act viz The Ancient Jurisdiction restoreâ— by this Act â—aâ—th the Commissioneâ— had not power to Fine and Imprison This Commission was usually granteâ— to persons of the Highest Quality iâ— Church and State so often and for 〈◊〉 long time as the King did thinâ— fit In Queen Elizabeths Time saith thâ— Lord Coke it was Resolved the Higâ— Commission should be limitted to certiaâ— Enormities and Exorbitant Causes And many Presidents were brought 〈◊〉 Prohibitions against their Authority 〈◊〉 Fine and Imprison both out of thâ— Kings-Bench and Common-Pleas Bâ—â— this Court being now Abrogated by thâ— Statute of 16 17 Car. 2. cap. 11. The Courts of the Archbishop 〈◊〉 Canterbury come next in course thâ— Highest of which is The Court of Arches SO called from the Arched Church of St. Mary in Cheapside where this Court hath been usually kept as appears by Record in Edward the First 's time The Judge hereof is the Dean of the Arches who under the Archbishop of Canterbury hath Jurisdiction over a Deanery consisting of Thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical Matters within the Province of Canterbury And to this Court belong divers Advocates all Doctors of the Civil Law Two Registers and Ten Proctors The next Court of the Archbishop is The Court of Audience KEpt within the Archbishop's Palace and medleth not with any manner of Contentious Jurisdiction but only with Matters pro forma as Confirmation of Bishops Elections Consecrations and Matters of Voluntary Jurisdiction as granting the Guardianship of the Spiritualties Sede vacante of Bishops Admission and Institution to Benefices Dispensing with Banns of Matrimony and such like The Court of the Faculties THis is also a Court although it holdeth no Plea of Controversie 〈◊〉 belongeth to the Archbishop and his Officer is called Magister ad Facultates And the Authority is raised by the Statute of 25 H. 8. cap. 21. whereby Authority is given to the Archbishop and his Successors to grant Dispensations Faculties c. by himself or his sufficient Commissary or Deputy for any such matter heretofore had at the See of Rome or by the Authority thereof The Prerogative Court of Canterbury THis is the Court where Testaments are proved and Administrations granted where the Party dying within his Province hath bona Notabilia within some other Diocess than where he dieth which regularly is to be to the value of Five pounds but in the Diocess of London it is Ten pounds composition By 16 Rich. 2. Rot. Par. not in Print It is assented in full Parliament that the King may make his Testament which before that was doubtful and Hen. 4th made his Testament and his Executors refusing Administration was granted by the Archbishop of Canterbury with the Testament annexed to the same When the King is made Executor he Deputes certain Persons to take the Execution upon them and appoints others to take the Accompt The Probate of every Bishop's Testament or Granting Administration of his Goods althô he hath not Goods but within his own Jurisdiction doth belong to the Archbishop From this Court the Appeal is to the King in Chancery The Archbishop of York hath the like Courts and also the Court of Audience The Court of Peculiars THe Archbishop of Canterbury hath a peculiar Jurisdiction in divers Parishes within the City of London and other Diocesses c. and there are Fifty seven such Peculiars within the Province of Canterbury It is an Ancient Priviledge of the See of Canterbury that wheresoever any Manors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of thâ— Diocess of Canterbury And there are certain peculiar Juriâ—dictions belonging to some certain Parâ—shes the Inhabitants whereof are exemâ—â— from the Archdeacon's Jurisdiction anâ— sometimes from the Bishops Jurisdictioâ— And a Dean or Prebendary having 〈◊〉 Rectory or Impropriation in anothâ—â— Bishop's Diocess hath often a Court 〈◊〉 Peculiars held for him in that particâ—lar Parish Note That there are some Deans 〈◊〉 England without any Jurisdiction onâ— for Honour so Stiled as
was before the Conquest For in an ancient and Authentical Manuscript Intituled Authoritas Seneschalli Angliae where putting an Example of his Authority saith Sicut accidit Godwino Comiti Kanciae tempore Regis Edw ' antecessoris Willielmi Ducis Normandiae pro hujusmodi male gestis consilijs suis per Seneschallum Angliae adjudicatus forisfecit Commitivam suam In the time of the Conqueror William Fitz Eustace was Steward of England and in the Reign of William Rufus and Hen. 1. Hugh Grantsemenel Baron of Hinkley held that Barony by the said Office Of ancient time this Office was of Inheritance and appertained to the Earldom of Leicester as it also appeareth by the said Record Seneschalcis Angliae pertinet ad Comitivam de Leicester pertinuit ab antiquo That is that the Earldom of Leicester was holden by doing of the Office of Steward of England Other Records testified thaâ— it should belong to the Barony of Hinkley The truth is That Hinkley was parcel of the Possessions of the Earâ— of Leicester for Robert Bellomont Earâ— of Leicester in the Reign of Hen. 2 Married with Petronilla Daughter and Heir of the said Hugh Grantsemenel Baron of Hinkley and Lord Steward oâ— England and in her right was Steward of England And so it continued until by the Forfeiture of Simon Montford it came to King Hen. 3. who iâ— the 50th year of his Reign created Edmond his Second Son Earl of Leicester Baron of Hinkley and High Steward of England which continued is his Line until Henry of Bullinbrook Soâ— and Heir of John of Gaunt Duke oâ— Lancaster and Earl of Leicester who was the last that had any Estate of Inheritance in the Office of the Steward of England since which time it waâ— never granted to any Subject buâ— but only hac vice and the reason was for that the Power of the Steward of England was so transcendent that it was not holden fit to be in any Subjects hands For the said Record saith Es Sciendum est quod ejus Officium est supervidere regulare sub Rege immediatè post Regem totum regnum Angliae omnes Ministros legum infra idem Regnum temporibus pacis guerrarum c. and proceedeth particularly with divers exceeding High Powers and Authorities which may well be omitted because they serve for no present use And albeit their Power and Authority have been since the Reign of Henry the Fourth but hac vice yet is that hac vice limited and appointed As when a Lord of Parliament is Indicted of Treason or Felony then the Grant of this Office under the Great Seal is to a Lord of Parliament reciting the Indictment Nos considerantes quod Justitia est virtus excellens Altissimo complacens aeque prae omnibus uti volentes ac pro eo quod Officium Seneschalli Angliae cujus praesentia pro administratione justitiae executione ejusdem in hac parte facien requiritur ut accepimus jam vacat De fidelitate strenuitate provida circumspectione induâ—tria vestris plurimum câ—nfidenteâ— ordâ—nâ—vimus constituimus vos ex hac causa causis Seneschallum nostrum Angliae ad Officium illus cum monibus eidem Officio in hac parte debitis pertinentibus hac vice gerend ' accipiend ' exercend ' dantes concedentes vobis tenore praesentium plenam sufficientem potestatem authoritatem ac mandatum speciale indictamentum praedict ' c. So that it appeareth that this great Officer is wholly restrained to proceed only upon the recited Indictment And he to whom this Offic is granted must be a Lord of Parliament and his proceeding is to be Secundum Leges Consuetudines Angliae for so is his Commission And hereof you may read more at large in Coke's 3 Inst Chap. High Treason Also at every Coronation he hath a Commission under the Great Seal hac vice to hear and determine the Claims for Grand Serjeanties and other Honourable Services to be done at the Coronation for the solemnization thereof For which purpose the High Steward doth hold his Court some convenient time before the Coronation See a President hereof before the Coronation of King Richard the Second John Duke of Lancaster then Steward of England who in Claims before him was styled Tres Honourable Seignior Roy de Castile Leon Seneschalle d' Engleterre and held his Court in Alba Aula apud Westm die Jovis proximè ante Coronationem Quae quidem coronatio habita solemnizata fuit die Jovis sequente viz. 16 Julij Anno 1 Ric. 2. The first that was Created Hac vice for the Solemnization of the Coronation of Henry the Fourth was Thomas his second Son and upon the Arraignment of John Holland Earl of Huntingdon the first that was Created Steward of England Hac vice was Edward Earl of Devon When he sitteth by force of his Office he sitteth under a Cloth of State and such as direct their Speech unto him say May it please your Grace my Lord High Steward of England The style of John of Gaunt was Johannes filius Regis Angliae Rex Legionis Castellae Dux Aquitaniae Lancastriae Comes Derbiae Linconliae Leicestriae Seneschallus Angliae And in respect his Power before it was limited was so Transcendent no mention is made of this Great Officer in any of our ancient Authors the Mirror Bracton Britton or Fleta It seemeth they liked not to treat of his Authority neither is he found in any Act of Parliament nor in any Book Case before the 1st of Henry the Fourth and very few since which hath caused me to be the longer saith the Lord Coke in another place to set forth his Authority and due proceeding upon the Arraignment of a Peer of the Parliament by Judicial Record and Resolution of the Judges agreeable with constant Experience As the Peers of the Realm that be Tryors or Peers are not sworn so the Lord Steward being Judge c. is not sworn yet ought he according to his Letters Patents to proceed Secundum legem consuetudinem Angliae Co. 4. Inst. cap. 4. In Enditemene de Treason ou Felony verâ— un des Pieres del Realm le Tryal est per sâ—s Pieres quel maner de tryal in Appel nesâ— grauntable per que depuis que cel Trial per ses Pieres est le proper Trial que appertient al piere del Realm quant sur Enditement de Treason ou Felony il ad plead dâ—rien culpable Veions l'order proces dâ—cest Tryal Appiert An. 1. H. 4. fol. 1. An 13 H. 8. fol. 11. que quant un Seigniour del Parlement serra arraigne de Treason 〈◊〉 Felony dount il est endite Le Roy persâ—â— Letters patents ferra un graunde sagâ— Seigniour d'estre de grand Seneschaâ—â— d' Engleterre pour le jour de l'arraignment qui devant le dit jour ferra precept a son Serjaunt d'Arms qui
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 Justâ—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 Keeâ—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 thaâ— may come before them Judicially For how can they â—e indifferent who have delivered their Opinions before hand wiâ—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 shâ—â—l be in the custody of any Sheriff aâ—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
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
Hath the Oversight of all the Officers of the Wardrobes at all his Majesties Houses and of the removing Wardrobes of the Tents Revels Musick Comedians Hunting Messengers Trumpetters Drummers of all Handicrafts and Artisans Heralds Pursuivants Serjeants at Arms Phisicians Apothecaries Chyrurgeons Barbers c. and Chaplains although himself be a Layman Also the charges of Coronations Marriages Entries Cavalcades Funerals c. His Fee is 100 l. yearly and 16 Dishes each Meal with the Appurtenances And most of the Places before mentioned are in his Gift or Disposal The Master of the Horse is the Third Great Officer And hath now the ordering of the King's Stables and Races and Breed of Horses and hath Power over Escuries and Pages over Footmen Grooms Riders of the Great Horse Farriers Smiths Coachmen Sadlers and all other Trades working to the King's Stables To all whom he or by his Warrant the Avenor giveth an Oath to be True and Faithful He hath the charge of all Lands and Revenues appointed for the King's Breed of Horses and Charges of the Stable and for Litters Coaches Sumpter horses c. He only hath priviledge to make use of any Horses Pages or Footmen belonging to the King's Stables At Solemn Cavalcades he Rides next the King and leads a Leer Horse of State His Fee is 666 l. 16 s. 4 d. yearly And a Table of 16 Dishes each Meal Under these Three principal Officers of his Majesties Houshold are almost all other the Officers and Servants The Compting House SO called because Accompts for all Expences of the King's Houshold are there daily The Lord Steward The Treasurer of the Houshold The Comptroller The Cofferer The Master of the Houshold The Two Clerks of the Green Cloth And the Two Clerks Comptrollers who also make Provisions for the Houshold according to the Law of the Land and make Payments and Orders for well Governing of the Servants of the Houshould And the Cofferer is to pay the Wages of the King's Servants below Stairs and the Lord Chamberlain above Stairs Vide 39 Eliz. cap. 7. And he is accomptable in the Exchequer for about 40000 l. And in the Compting House is The Court of Greencloth SO called of the Green Cloth whereat they sit and is composed of the Persons last above mentioned whereof the Three first are usually of the King 's Privy Councel To this Court being the first and most ancient Court of England is committed the Oversight of the King's Court Royal for Matters of Justice and Government with Authority for maintaining the Peace within Twelve Miles distance wheresoever the Court shall be and within the King's House the Power of correcting all the Servants therein that shall any way offend The Treasurer of the King's Houshold in the absence of the Lord Steward hath Power with the Comptroller and Steward of the Marshalsea to Hear and Determin Treasons Felonies and other Inferiour Crimes committed within in the King's Palace and that by Verdict of the Houshold He bears a White Staff and his yearly Fee is 124 l. 14 s. 8 d. And a Table of 16 Dishes each Meal The Comptrollers Office is to Comptrol the Accompts and Reckonings of the Green Cloth and his yearly Fee is 107 l. 12 s. 4 d. And bears a White Staff and hath 16 Dishes each Meal The Cofferer is a principal Officer and hath special charge over other Officers of the House for their good Demeanor and Carriage and is to pay the Wages to the King's Servants and for Provisions by the Direction of the Green Cloth He hath a Fee of 100 l. yearly and a Table of 7 Dishes daily The Master of the Houshold is the next Officer who is to Survey the Accompts of the House His Fee 100 Marks and 7 Dishes daily Two Clerk's Comptroller's are to Tolt and Allow all Bills of Comptrolment Parcels and Brievements And the Two Clerk's of the Green Cltth are to Sum them up And the Fee to each of these Four Clerks is 48 l. 13 s. 4 d. And between them Two Tables of 7 Dishes to each Table The rest of the Compting House being less considerable we pass over And come to give a brief Accompt of the Officers or persons in the several Offices As first in the Acatery is a Serjeant a Clerk Purveyors Yeomen In all Twelve Poultry a Serjeant a Clerk Yeoman Grooms Purveyors in all Ten. Bakehouse a Serjeant Clerk Yeomen Grooms and Pages in all Eighth Woodyard a Serjeant a Clerk Yeomen Grooms and Pages in all Eight Scullery a Serjeant a Clerk Yeomen Grooms and Pages in all Twelve Lardour a Serjeant Clerk Three Yeomen Three Grooms Two Pages Pastry a Serjeant a Clerk Yeomen Grooms and Children in all Eleven Pantry a Serjeant a Yeomen Grooms Pages Cellar a Serjeant a Gentleman Yeomen Grooms Purveyors Pages in all Twelve Buttery a Gentleman Yeoman Grooms Pages Purveyors in all Eleven Pitcher-house a Yeoman Grooms Page and Clerk in all Five Spicery Three Clerks and a Grocer Chandlery a Serjeant Two Yeomen Two Grooms and a Page Wafery a Yeoman and a Groom Confectionary a Serjeant Two Yeomen a Groom and a Page Ewry a Serjeant a Gentleman Two Yeomen a Groom and Two Pages Laundry a Yeoman a Groom Three Pages and a Draper Kitchen Three Clerks to the King and Two to the Queen The chief of these Clerks hath a Fee and Diet equal to an Officer of the Green Cloth A Master Cook to the King A Master Cook to the Queen A Master Cook to the Houshold each of these Three a Table of 5 Dishes Six Yeomen Seven Grooms Five Children in all Twenty six Persons Boyling House a Yeoman Two Grooms Scalding House Yeoman Grooms and Pages in all Six Harbingers Office a Knight Three Gentlemen and Seven Yeomen Harbingers The Knight Harbingers Office is by Letters Patent under the Great Seal of England during Life So oft as the King goes broad either in England or beyond Seas He doth by himself or his Deputy provide and appoint all Lodgings and Harbingage for all Great Persons All Noblemen Bishops All his Majesties Servants and Attendants and for all other his Liege People for Ambassadors and Foreigners c. His Salary 20 Marks per Annum and 10 s. per diem Out of the Exchequer besides Fees for Honour given by the King and Homage done to his Majesty and divers other Perquisites Porters at Gate a Serjeant Two Yeomen Four Grooms Clerks of the Carriage Two Yeomen Cart Takers Six in Number Surveyors of the Dresser Two one above Stairs and another below Marshals of the Hall Four Sewers of the Hall Five Waiters of the Hall Twelve Messenger of the Compting House One Bellringer One Long Cart Takers Four Wine Porters Eight Woodbearer One The Cock of the Court One. Besides the aforesaid Officers bâ—low Stairs there are also under the Loâ—d Steward all the Officers belonging to the Queens Kitchin Cellar Pantry c. And to the Kings Privy Kitchin and to the Lords Kitchin together with
And the late King Charles the Second was made Free of the Grocers There are near LX other Companies or Corporations All enjoying large Priviledges by the Charters of several Kings and have Fair Halls to meet in The Military Government in London HIs Late Majesty King Charles the Second after his Restoration sent a Commission of Lieutenancy appointing several Persons His Lieutenants giving them the same Power in London the Lord Lieutenants have in their respective Counties And in pursuance of that Commission the Regiments then in being were New setled in this manner viz. Six Regiments of Trained Bands Commanded by six Citizens Knights and their Lieutenant Colonels all Knights and six Regiments of Auxiliaries In these Twelve Regiments were 20000 Men Then there were Listed Two Regiments of Horse each consisting of five Troops in all 800 Horse But in case of need in London and within the Liberties may in a Few days be Raised 40000 Men. There is in Southwark One Regiment of Trained Bands Fifteen Hundred Men. In the Hamlets of the Tower Two Regiments in all Three thousand Men Then Holbourn Regiment and Westminster Regiment Two thousand each and in case of Necessity they can Raise 20000 more The Artillery Company is as a Nursery of Souldiers and hath been so for above 60 years the late King Charles when Prince of Wales Listed himself therein and the Duke of York did the like at the same time who after the Restoration took upon himself the Command thereof and under him was a Leader who Exercised them every Tuesday Fortnight and the other Tuesday the Exercise was performed by the several Members of the Company who are there Trained up to Command Of this Society are many of the Nobility also the Lord Mayor and most of the Aldermen All the Commanders of the Trained Bands and Auxiliaries here Exercise Arms. This Company consists of 600 Men. Their Officers are A Leader Two Lieutenants Two Ensigns Two Serjeants A Provost Martial Four Gentlemen of Arms c. They have also a Court Martial consisting of A President A Vice-President a Treasurer and Twenty four Members of the Company On the Second Tuesday in February at a General Rendezvous every Year the Officers are Elected For the Security and Defence of this Famous City and River there hath been anciently divers Fortresses But the most Eminent and Chief is that called The Tower of London WHich is not only a Fort or Cittadel to command and defend both City and River but also A Royal Palace where our Kings with their Courts have sometimes Lodged A Royal Arsenal where are Arms and Ammunition for 60000 Men The Treasury for the Jewels and Ornaments of the Crown The only Mint for coyning Gold and Silver The Great Archive where are conserved All the Records of the Courts at Westminster The Chief Prison for the safe Custody of Great Persons that are Criminals and if the great Extent thereof within the Walls be considered and its Authority over the several Hamlets without and the many high Priviledges and Liberties belonging thereunto it may rather be Reputed a City than a Cittadel The Governour of this Important Fortress is the Constable or Lieutenant of the Tower Who is High Steward of a Court there held by Prescription of Debt Trespass and other Actions of any Sum Greater or Lesser and hath a Deputy Before the late Act might refuse a Habeas Corpus may give Protection to all Debtors belonging to the Tower within the Realm of England hath Priviledge to take Unam Lagenam of all Wine-Ships that come Is Virtute Officij to be in Commission of the Peace for the Counties of Kent Surrey and Middlesex and as some hold to be Custos Rotulorum of the County of Middlesex His Salary is 200 l. per Annum His usual Fee for every Prisoner is 20 l. at Entrance and 3 l. a Week for an Esquire For a Knight 5 l. a Week For a Baron or above 50 l. at Entrance to whom the King allows 10 l. Weekly whereof Two part goes to the Prisoner the other Third part to the Lieutenant for Lodgings and Dyet and 50 l. to the Lieutenant upon the Prisoners discharge The Gentleman Porter of the Tower holds his Place by Patent and at the Entrance of a Prisoner hath for his Fee Vestimenta Superiora or a Composition for it The Gentleman Gaoler is put in by the Lieutenant of the Tower his Fee is 41 s. of a Gentleman 5 l. of a Knight Forty Warders of the Tower accounted the King's Domestick Servants and Sworn by the Lord Chamberlain of His Majesties Houshold or by the Clerk of the Cheque The Tower is not within any County or Parish only a small part some account to be in Middlesex but is a Liberty of it self exempt from all Taxes to the King Church or Poor It hath A Parochial Church exempt from all Ecclesiastical Jurisdiction of the Archbishop and is a Donative bestowed by the King without Institution or Induction And there are Thirteen Hamlets of large Extent belonging to the Tower whose Train-Bands are all bound to Assist the Constable or Lieutenant of the Tower which are called The King's Company and are to Wait on the King's Person in time of Need and to go no further than the King And within the Tower is kept The Office of the Ordnance BEing the grand and standing Magazine of the principal Preparatives Habiliaments Utensils and Instruments of War as well by Sea as Land for the Defence and Safety of the Kingdom and consequently hath Influence in the Navies Forts Castles and Armies thereof having the Superintendence Ordering and Disposing as well of the Grand Magazine lodged in the Tower as at the Minories Woolwich Chatham Windsor Portsmouth Plimouth Hull and elsewhere And is under the Government of The Master of the Ordnance under whom The Administration and Management of the said Office is committed to the Principal Officers following viz. The Lieutenant of the Ordnance who in the absence of the Master of the Ordnance is to Impart all Orders and Warrants directed to the Office and to see them duly Executed and to give Order for Discharging the Great Ordnance when required upon Coronation Days Days Festival Triumphs c. As also to see the Train of Artillery fitted with all its Equipage for Motion upon any occasion The Surveyor is to Survey all the Ordnance Stores and Provisions of War in the custody of the Store-keeper which he is to see so distinguished and placed as shall be best for their Preservation and Safety for a decent View and a ready Account to allow all Bills of Debt and to keep Check upon all Labourers and Artificers Works and to see that all Provisions received be good and serviceable and duly proved with the Assistance of the rest of the Officers and the Proof Masters and marked with the King's Mark if they ought so to be The Clerk of the Ordnance is to Record all Orders and Instructions given for
Chancellor To observe and conserve the Rights Priviledges and Liberties of the University of Oxford And every year on the day of St. Scholastica being 10 February a certain number of the Principal Burgesses Publickly and Solemnly do pay each one a Penny in token of their Submission to the Orders and Rights of the University By Charter of Hen. the Fourth It is left to the choice of the Vice Chancellor whether any Member in the University there Inhabiting accused for Felony or High Treason shall be tried by the Laws of the Land or by the Laws and Customs of the University Tho' now where Life or Limb is concerned the Criminal is left to be Tried by the Laws of the Land No Student of the University may be Sued at Common Law for Debts Accompts Contracts Injuries c. but only in the Courts of the Vice-Chancellor who hath Power as aforesaid to Determine and Punish Delinquents To Imprison Inflict Corporal Punishment To Excommunicate To Suspend and to Banish The Universities are Subject to the Visitation or Correction of none but the King or whom he please to Commissionate The Chancellor and in his absence the Vice-Chancellor is not only in Place but in all Affairs of Moment though concerning the City it self Superiour to the Mayor of the Town All Members of the University are subject to the Vice-Chancellor and his Judicial Courts which are Ruled wholly by the Civil Law By the Statute of 13 Eliz. The Two Universities are Incorporated albeit they were ancient Corporations before All Letters Patent Liberties Priviledges c. granted to either of the Universities are Established and Confirmed King James the First Honoured both Universities with the Priviledge of sending each Two Burgesses to Parliament The Terms in Oxford begin the First on the 10 of October and ends the 17 of December and is called Michaelmas Term Second called Hillary or Lent Term begins the 14 of January and ends the Saturday before Palm Sunday The Third called Easter Term begins the 10 day after Easter and ends the Thursday before Whitsunday The Fourth is called Trinity Term beginning the Wednesday after Trinity Sunday and ends after the Act sooner or later as the Vice-Chancellor and Convocation think meet There are besides in Oxford many stately publick-Schools The famous Bodleian Library which for a Noble Lightsom Fabrick number of choice Books curious Manuscripts diversity of Languages Liberty of Studying Facility of finding any Book may equal the Famous Vatican The Curious Architecture of the Theater The Excellent Printing Presses The Publick Physick Garden c. are not for our purpose further to describe Cambridge WHat hath been said of Oxford may suffice for the University and Town of Cambridge which if she will in Complaisance at any time give place to Oxford yet at the same time she will Challenge it before any other University in the Christian World But in some few things she differs from Oxford as for that The Chancellor is not so Durante Vita but may be elected every Two years Aut manere in eodem Officio durante Tacito Consensu Senatus Cantabr ' He hath under him a Commissary who holds a Court of Record of Civil Causes for all Priviledged Persons under the Degree of Master of Arts where all Causes are Tried and Determined by the Civil and Statute Laws and by the Customs of the University The High Steward is chosen by the Senate and holds by Patent from the University The Vice Chancellor is chosen yearly by the Senate on the 3d day of November Out of Two Persons nominated by the Heads of the several Colledges and Halls The Two Proctors are chosen every year as at Oxford according to the Circle of the Colledges and Halls There are also Two Taxers who with the Proctors have care of Weights and Measures as Clerks of the Market There are also Three Squire Beadles and one Yeoman Beadle The Students here have no Houses but what are Endowed For the Colledges and Halls differ only in name And these Houses Endowed are but Sixteen viz. St. Peters Colledge Clare Hall Pembroke Hall Corpus Christi Colledge alias Bennet Colledge Trinity Hall Convile and Cains Colledge Kings Colledge Queens Colledge St. Katherines Hall Jesus Colledge Christs Colledge St. Johns Colledge Magdalen Colledge Trinity Colledge Emanuel Colledge Sussex and Sidney But these are generally so large that the number of Students is commonly little different from those of Oxford Degrees at Cambridge are usually taken as at Oxford Except in Law and Physick whereof after Six years they may take the Degrees of Batchelour and after Five years more that of Doctor The first Tuesday of July is always Dies Comitiorum there called the Commencement Wherein the Masters of Arts and the Doctors of all Faculties compleat their Degrees respectively as the Batchelours of Arts do in Lent beginning at Ashwednesday Many Priviledges have been likewise granted by several Kings to this University As every Michaelmass-day The Mayor of the Town at the Entrance into his Office takes a Solemn Oath before the Vice Chanceller to Observe and Conserve the Priviledges Liberties and Customs of the University Also on Friday before St. Simon and Jude at a Magna Congregati in St. Maries Church The Mayor brings with him Two Aldermen Four Burgesses and Two of every Parish to take their Oaths before the Vice Chancellor for the due search of Vagabonds Suspected Persons c. At the same are Sworn 14 Persons for the University and Fourteen for the Town to look to the Paving and Cleansing of the Street The University hath also a Court Leet held twice every year wherein are presented all Nusances c. The Terms in Cambridge begin Lent Term the the 13 of January and ends the Friday before Palm-Sunday Easter Term the Wednesday after Easter Week and ends the Week before Whitsuntide Trinity Term the Wednesday after Trinity Sunday and ends the Friday after the Commencement and Michaelmass Term begins the 10 of October and ends the 16 of December Cambridge lies in 52 Degrees 20 Minutes Northern Latitude Both these Universities are Two easie days Journey from the Capital City of London and about the like Distance from each other The Government of Boroughs in England ANd other Towns Corporate Is much after the same manner with Cities In some there is a Mayor in others One or Two Bailiffs who have equal Power with the Mayor and Sheriffs and during their Offices they are Justices of Peace within their Liberties and have there the same Power that other Justices of Peace have within their County The Government of Villages in England IN every Village is a Government Ecclesiastical and Civil which if only observed might render the whole Kingdom Happy And first the The Ecclesiastical Government of Villages THe Parson or Vicar who hath Curam Animarum The care of the Souls of his Parishioners For which he hath the Tithes Glebe and Church Offerings And hath under him The Church-wardens and Sides Men
Archiepiscoporum meorum hanc meam munificentiam signo meo corroboravi ✚ Ego Alfrye Regina consensi Signo Crueis confirmavi Ego Dunstan Archiepiscopus Dorobor ' Ecclesiae Christi consensi subscripsi ✚ Ege Osticel Archiepiscopus Eboracenses Ecclesiae consensi subscripsi Ego Alferic Dux Ego Buthnod Dux Ego Arigdary Dux And what Ecclesiastical Jurisdiction the Archbishop of Canterbury had in Ireland in ancient time before it was Subject to the Crown of England you may read in Cambden's Britannia p. 735 765. as namely in the Consecration and Confirmation of their Bishops by reason of his Primacy in Ireland Co. 4 Inst 360. King Henry the Second at a Parliament holden at Oxford Created his Son King John King of Ireland But succeeding Kings wrote themselves Domini Hiberniae till 33 Hen. 8 in which year he took upon himself the Style of King of Ireland being so Declared at a Parliament in Dublin Coke's 4 Inst 360. Certain it is that whilst the Liberal Sciences in Europe lay Buried in Darkness their Lustre did shine forth clearly in Ireland Thither did our English Saxons repair as to a Mart of good Literature whence of the Holy Men of those times we often read Amandatus est ad Disciplinam in Hiberniam Co. 4 Inst 360. In the Book of Magna Charta is an Ordinance for Ireland concerning divers Matters Entituled Ordinatio pro statu Terrae Hâ—berniae By the Statute of 17 Ed. 1 cap. 1. The King's Officers in Ireland shall purchase no Land there without the King's License King's Officers in Ireland shall make no Purveyance there but by Writ out of Chancery there or in England and that in time of Necessity only and by the Advice of the Council there All kind of Merchandizes may be Exported out of Ireland except to the King's Enemies and if any Officer restrain them he shall satisfie double Damages to the party grieved and be also punished by the King The Fees for every Bill of Grace in Ireland under the Seal of the Justice there shall be Four pence for the Bill and Two pence for the Writing thereof The Marshals Fee for a Prisoner when he shall be Delivered is Four pence No Pardon of the Death of a Man or other Felony or for flying for the same shall be granted by the Justices there but only at the King's Command and under his Seals No Officers there shall receive any Original Writ which is not Sealed by the Seal of Ireland or by the Exchequer Seal there of things concerning that Court. The Justices of Ireland shall not Delay or Adjourn Assize of Novel disseisin there save only in the County where he is and while he shall remain there By the Statute of 34 Ed. 3.17 all kind of Merchandize may be Exported and Imported out of and into Ireland as well by Aliens as Denizens Persons who have Lands and Possessions in Ireland may freely Import and Export their Commodities thither and from thence without Impeachment By the Statute of 1 Hen. 6.3 all Irish Men shall avoid the Kingdom except Graduates Beneficed Men Lawyers having Inheritance in England and English Parents Religious Persons Professed Merchants Burgesses and other Inhabitants of good Fame and Persons Married in England and all they shall find Surety for their Good Behaviour No Irish Man shall Inhabit here in the Universities or elsewhere without a Testimonial under the Seal of the Lieutenant or Justices of Ireland Testifying that he is of the King's Obeysance to be Delivered to the Chancellor here in pain to be punished as a Rebel No Irishman shall be Head or Governour of any Hall or House By the Statute of 2 Hen. 6.8 Irishmen coming to live in England shall give Surety for their Good Behaviour viz. in the Universities to the Chancellors in Counties to the Justices of Peace and in Corporations and other Liberties to the Head Officers respectively By the Statute of 16 17 Car. 1.30 an Act for a speedy Contribution and Loan towards the Relief of the King 's Distressed Subjects of the Kingdom of Ireland See the Statutes at large An Act for the Speedy and Effectual reducing of the Rebels in Ireland to their due Obedience to the King and the Crown of England and certain other Additional Acts were made for the same purpose and for the Sale of Forfeited Lands there By the Statute of 32 Car. 2. cap. 2. The Act made 18 Car. 2. Entituled An Act against Importing Cattle from Ireland and other parts beyond the Seas and Fish taken by Foreigners is revived and Power given not only to Constables and Officers but to every Person whatsoever in any place whatsoever to take and seize the Cattle and Goods Imported contrary to the said Act And that such Seizer shall have the Benefit given by this Act. The other Acts concerning Ireland made in England and the divers Acts made in Ireland you may see in the Books of the Statutes of either Kingdom at large The Rule Quando duo jura concurrunt in una persona aequum est acsi in diversis holdeth not in Personal things that is when two Persons are necessarily and inevitably required by Law For no man can now say That the King of England can make War or League with the King of Scotland or King of Ireland c. there being but One Head of both and as Liegance of the Subjects of both Kingdoms is due to their Sovereign by one Law and that is the Law of Nature So there is a Union of Protection of both Kingdoms equally belonging to either of them altho' in other respects they are distinct Kingdoms For and Earl or Baron of Ireland is not a Peer or of the Nobility of this Realm as appeareth by the Book 8 R. 2. where in an Action of Debt Process of Outlawry was awarded against the Earl of Ormond in Ireland which ought not to have been if he had been Noble here But there is a diversity worthy of Observation for the highest and lowest Dignities are Universal For if a King of a Foreign Nation come into England by leave of the King as it ought to be in this case he shall Sue and be Sued by the Name of a King And a Knight shall be so named wheresoever he received that Dignity Co. 7 Rep. Calvin's Case If a King come to a Christian Kingdom by Conquest he having Vitae Necis potestatem may alter the Laws of that Kingdom at his pleasure but until such alteration the Ancient Laws of that Kingdom remain But if a a Christian King Conquer the Kingdom of an Infidel there ipso facto the Laws are abrogated and in that case until certain Laws be established the King by himself and such Judges as he shall appoint shall judge them and their Causes according to Natural Equity in such sort as Kings in ancient time did their Kingdoms before any certain Municipal Laws were given But if a King have a Kingdom by Title of
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 inâ— 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
his Deed confirm his Estate in the Land then the Conusee shall retain and have the Land notwithstanding the Fine be avoided Coke's 10 Rep. 50. Lampet's Case In a Praecipe if one plead That the Manor of D. is Ancient Demesne and the Land in Demand is parcel of the Manor and so Ancient Demesne The Demandant cannot say That the Land in Demand is not Ancient Demesne for the same is the conclusion upon the precedent proposition viz. The first That the Manor is Ancient Demesne The second That the Land in Demand is parcel of the Manor for Sequitur Conclusio super Praemâ—ssis and therefore cannot be denied Coke's 11 Rep. 10. Priddle and Napper's Case The like in Case of Tithes ibid. Neither the Lord of Ancient Demesne Nor of a Court Baron Nor the Sheriff in the County Court when the Plea is holden by Writ of Right Justicies Admeasurement c. are Judges but the Suitors who by the Common Law are the Judges of the Court Coke's 6 Rep. 12. Jentleman's Case The Writ of Droit Close is directed unto the Lord of Ancient Demesne and lieth for these Tenants who hold their Lands by Charter in Fee-simple Fee-Tail for Life or in Dower if any of them be Ousted or Disseized he or his Heir may Sue this Writ F.N.B. 23 c. If any Land in Ancient Demesne be in variance between the Tenants then the Tenant so grieved shall have against the other a Writ of Right Close after the Custom of the Manor and that shall be always brought in the Lords Court and thereupon he shall Declare in the Nature of what Writ he will and this Writ shall not be removed but for a great Cause or Non power of the Court Terms del Ley. If the Lord in Ancient Demesne confirm the Estate of the Tenant to hold by certain Service at the Common Law altho' the Estate of the Tenant be not changed nor any Transmutation of the Possession yet the quality of his Estate is changed for the Tenant shall not be afterwards Impleaded by Petit Writ of Droit And the Land by the Confirmation is discharged from the Customs of the Manor Coke's 9 Rep. 140. Beaumont's Case Monstraverunt is a Writ that lieth for Tenants in Ancient Demesne who hold by Free Charter but not those Tenants who hold by Copy of Court Roll Or by the Rod according to the Custom of the Manor at the Will of the Lord. And it is directed to the Lord commanding him not to Distrein his Tenant to do other Service And if the Tenants cannot be in quiet they may have an Attachment against the Lord to appear before the Justices and all the names of the Tenants shall be put in the Writ although but one of them be grieved F.N.B. 31 32 33 c. The Lord shall not be put to Answer to the Writ of Attachment upon the Monstraverunt before the Court be certified by the Treasurer and Chamberlains of the Exchequer whether the Manor be Ancient Demesne And it therefore behoveth the Plaintiff to Sue forth a Writ directed to the Treasurer and Chamberlain for that purpose Fitz. Herb. N. B. fo 31. to 35. If a Lord in another place out of Ancient Demesne Distrein his Tenant to do other Service than he ought He shall have a Writ of Right called Ne injuste Vexes and it is a Writ of Right Patent which shall be Tryed by Battail or Grand Assize Terms del Ley. See before in Court of Ancient Demesne Page 196. To the Court of Commissioners of Sewers SEwers seems to be a Word compounded of two French Words Seoir to Sit and Eau Water for that the Sewers are Commissioners that Sit by Virtue of their Commission and Authority Grounded upon divers Statutes to Enquire of all Nusances and Offences committed by the Stopping of Rivers Erecting of Mills not Repairing of Banks and Bridges c. and to Tax and Rate all whom it may concern for the amending of all defaults which tend to the hindrance of the free passage of the Water through the old and ancient Courses See the Statute of 6 H. 6. cap. 5. and 23 H. 8. cap. 5. for the form of their Commission Commission is as much in the Common Law as Delegate in the Civil and is taken for the Warrant or Letters Patent which all Men using Jurisdiction either Ordinary or Extraordinary have for their Power to hear and determin any Matter or Action Yet this word sometimes extends more largely than to matters of Judgment as the Commission of Purveyors c. And all Commissions are grounded upon the Words in Magna Charta Terrae Legem And have this Clause Facturi quod ad Justitiam pertinet secundum Legem Consuetudinem Angliae And no new Commission can be raised but by Statute Coke's 2 Inst 51 54 57. The King may send his Commission to Repair a Bridge F. N B. 281. Legal Commissions have their due Forms as well as Original Writs and therefore cannot be newr famed without Act of Parliament The like of Oaths Coke's 2 Inst. 478 479. Rumney Marsh in Com. Kanc. containing 24000 Acres Is at this day and long time hath been governed by certain Ancient and equal Laws of Sewers made by a Venerable Justice Henry de Bathe in the Reign of Hen. the 3d from which Laws not only other parts in Kent but all England receive Light and Direction For Example The General Act of 23 Hen. 8. cap. 5. in the Clause which giveth power to the Commissioners to make Statutes Ordinances and Provisions c. necessary and behoveful after the Laws and Customs of Rumney Marsh in the County of Kent or otherwise by any means or ways c. Both the Town and Marsh of Rumney took their name of one Robert Rumney which Robert as it appeareth by the Book of Doomes-day held this Town of Odo Bishop of Baieux wherein he had 13 Burgesses who for their Service at Sea were discharged of all Actions and Customs of Charge except Felony Breach of the Peace and Forestalling The Lord Mayor hath Jurisdiction for the time being for the Conservation and Rule of the Water and River of Thames and the Issues Breaches and Lands over-flowed c. from the Bridge of Stanes unto the Water of Yendal and Medway And in all Commissions touching the Water of Ley The Mayor of London shall be one By Stat. 3 Jac. cap. 14. Sewers that fall into the Thames shall be Subject to the Commission of Sewers Coke's 4 Inst. cap. 62. The Commissioners ought to Tax all who are in danger to be endamaged for the not repairing equally and not he who hath the Land next adjoyning to the River only And Walmesley Justice held and it was not denied by any That if the Owner of the Land were bound by Prescription to Repair the River Bank that yet upon such Commission Awarded the Commissioners ought not to charge him only but ought to Tax all who had Land in danger And to this