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A94265 Syllogologia; or, An historical discourse of parliaments in their originall before the Conquest, and continuance since. Together with the originall growth, and continuance, of these courts following, viz. [brace] High Court of Chancery, Upper Bench, Common-Pleas, Exchequer, Dutchy, and other inferiour courts now in use in this Commonwealth. J. S. 1656 (1656) Wing S93; Thomason E1646_1; ESTC R203463 29,703 88

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might not be put off to shew cause from day to day which rather increaseth trouble and charges than either furthereth the suit for the hearing or benefits the parties in their cause Which thing whether it might be more couvenient than the present manner of motions I will leave to the judgement of such as have more wisdom to devise and power to execute And will sum up the rest of our Courts and make an end The Court of the Dutchy or County Palatine of Lancaster which is by a late Act of Parliament committed to the custody of a Commissioner grew out of the grant of King Edward the third The Court formerly called The Dutchy Court the jurisdiction whereof is now committed to a Commissioner or Commissioners County Palatine of Lanc. erected in Parliament 50 E. 3. and Iustices of Assises Gaole delivery and of the Peace have been since the erection of it Cook lib. 4. f. 204. 205. who first gave that Dutchie to his Son John of Gaunt and endowed it with such royall rights as the County Palatine of Chester had And forasmuch as it was afterward extincted in the person of King Henry the 4th by reason of the union of it with the Crown of the Realm the same King knowing himself more rightfully Duke of Lancaster then King of England determined to save his right in the Dutchy whatsoever should befall the Kingdom And therefore he separateth his Dutchy from the Crown and setleth it so in the naturall persons of himself and his heirs as if he had been no King or Pollitique Body at all in which manner it indured during the reign of King Henry the first and of King Henry the 6th that were descended of him But when King Edward the 4th had by recovery of the Crown recontinued the right of the House of York he feared not to appropriate that Dutchie to the Crown again And yet so as he suffered the Court and Officers to remain as he found them And in this manner it came together with the Crown to King Henry the 7th who liking well of that policy of King Henry the fourth by whose right he also obteined the Kingdom made by separation of the Dutchie as he hath done and so left it to his posterity It appeareth in our Books of the Tearms of King Edward the 4th The Star Chamber and the Report of cases happening under the usurpation of Richard the third This Court was in being before 28 E. 3. Cook lib. That sometimes the King and his Counsell And sometimes the Lord Chancellour and other great personages did use to sit Judiciall in the place then and lately called for that it is decked with certain Stats the Star Chamber But forasmuch as be like that Assembly was not ordinary therefore the next King Henry the 7th and his Son Henry the 8th took order by two severall Laws That the Chancellour assisted with others there named should have power to hear complaints against Reteinors Embraceries misdemeanours of Offices and such other offences which through the power and countenance of such as do commit them do lift up the head above other faults and for the which inferiour Judges are not so meet to give correction And because that place was before time dedicated to the like service it hath ever since also been so used untill it was taken away in the late King Charls his reign The Court of Requests The Court of the Requests being of the same nature as I said with the Chancery took beginning by Commission from King Henry the 8. before which time the Masters of the Requests had no warrant of ordinary Jurisdiction This Court had no warrant by act of Parliament or prescription to establ shit Cook lib. 4. fol. 97. but travailed between the Prince and Petitioners by direction from the mouth of the King The same King also established one Court of President and Counsell in the Marches of Wales 34. 35. H. 8. The Court of the Marches of Wales and that of the North parts were taken away in the late K Ch. his reign Anno 17. Car. And another like Court of President and Counsell in the North parts which Court in Wales was a Court of Law in its principall Jurisdiction although it did withall exercise other powers of equity by vertue of other severall Commissions that did accompany the same and the Court of York was in its principall Jurisdiction Equity and did exercise other powers by vertue of other Commissions Court of Wards The Court of Wards began about the 32th year of the reign of King Henry the 8 who also in the next year after added thereto the office of the Masters of the Liveries and withall conjoyned the names ordaining that it should be called The Court of his Wards and Liveries The same King likewise had erected one Court of the generall Surveiours of his Lands and one other of the Augmentations and Revenues of his Crown and a third Court of the first fruits and Tithes of Benefices But all these were afterwards dissolved and by Queen Mary united to the Court of Exchequer Thus having run along these Courts deriving them from the Crown I might proceed yet further to shew the originall and beginnings of some Courts erected by the late Parliament and the nature and beginning of the High Court of Justice that was erected in Westminster Hall Anno 1648. but they being so fresh in the memory of this age I shall not need to make mention thereof FINIS