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
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
that there need not be any Written Law had thereof And we find so many Secundary Reasons in the Laws of England that many are willing to affirms the whole Law of England to be proved by Reason which notwithstanding is by no means to be affirmed as by another Example By a certain Statute it is Ordained That he who hath abjur'd the Realm whilst he is in the publick High-way shall be in peace with our Lord the King and not in any sort molested and by the Custom of the Kingdom he is to be conducted from Town to Town by the Constables c. to the Sea-port c. Now if he Escape the Constable ought not to be charged to the King because by reason of the Statute he could not keep him in safe Custody or use any Force or Imprisonment whereby he might be kept in safe Custody and the Reason is grounded upon that Statute And some say Robbery is to be prohibited from Reason Primary even before the Law of Property for that it was not Lawful even when all things were in Common to take any thing from another by force or to throw him out of his Habitation but that such Robbery is to be punished with Death is from the Custom of the Law of England Also from the General Law of Property aforesaid by the Laws of England are excepted Birds Wild beasts and Beasts of Warren in which by the Laws of England is no Property to any One unless they be Tame yet nevertheless by the Laws of England in the Eggs of Herons and such like Building in the Woods of any is a Property And for that every Deduction of Reason in the Laws of England proceeds from the first Principles or from somewhat from those Principles derived no Man althô the most Wise can Judge justly or Argue rightly in the Laws of England if he know not these Principles The Second Fundamental of the Law of England is Lex Divina whereby to punish the Transgressors against the Divine Law The Law of England in many Courts of our Lord the King doth Inquire of Hereticks Also if any Statute be made or set forth against them as that none shall give Alms it ought to be of no force also Persons Excommunicated in the Laws of England may not Prosecute nor have Communication with others whilst the Excommunication is certified And from the same Fundamental the Law of England admits the Spiritual Jurisdiction of Tithes and other things which do of right belong to the Ecclesiastical Jurisdiction and receives Canonical or Ecclesiastical Laws Quae non Excedunt potestatem ferentis so that in many Cases it behoves the Kings Justices to Judge according to the Laws of the Church As if the Law of the Church be that the Sentence of Divorce is not in force till it is affirmed upon Appeal The Judges of our Lord the King shall form their Judgment according to the Laws of the Church And if A. B. and C. D. have Goods and Chattels joyntly and A. B. by his last Will give his part to E. F. the Ecclesiastical Judges are bound in this case to adjudge this Will void The Third Fundamental of the Law of England is the General Customs of the Kingdom which are divers General Customs used and approved of in Ancient time throughout the whole Kingdom of England and who attempts any thing against them Works against Law and Justice And these are properly called the Common Law and ought always to be determined by the Judges whether a General Custom or not and not by the Country and of these and other Principles or Maxims a great part of the Law of England depends and therefore the King by his Coronation Oath promiseth inter alia that he will faithfully observe all the Customs of the Kingdom and the Ancient Customs of the Kingdom is the Original and Foundation of divers Courts in the same Kingdom Whereof one is The Chancery of the Kingdom in which inter alia Writs original are obtained directed to other Courts of the King another The Kings-Bench in which are handled all Treasons Murders Homicides Felonies and other things done against the Kings Peace another Court is called The Common Bench in which Common Pleas are handled That is to say of Lands and Tenements Debts and Chattels and such like another Court is called The Kings Exchequer in which are handled divers matters touching the King alone as of Sheriffs Escheats or Receivers Bayliffs and other the Kings Officers and the like and these are called Courts of Record because those who preside as Judges ought to be assigned by the Kings Letters Patent and these Courts have many and divers other Authorities of which we shall speak more hereafter in their proper places and likewise of divers other Courts of inferiour Authority in the Kingdom of England And althô in divers Statutes and Books mention is made of the Authority of these Courts yet we have no written Law of their Institution for their Institution depends upon the Custom of the Kingdom which hath so great Authority that they may not be altered or their Names changed or altered but by Act of Parliament Also there is an Ancient Custom which is confirmed by the Statute of Marlebridge That all shall do and receive Justice in the Kings Court and another that none shall be put to Answer or be judged but according to the Law of the Land and this is confirmed by Magna Charta And there are other General Customs in the Kingdom of England which retain the force of Law as that the eldest Son shall succeed the Father in the Inheritance and many more not here to be recited From whence it appears that Customs in the Laws of England may not be proved by Reason alone for how can it be proved by Reason that the Husband shall have the Wife's Land for Term of his Life as Tenant by that Law and that the Wife shall have only the Third part scilicet that it shall be so done and not otherwise And it is certain that the Law of Property is not the Law of Reason but a Customary Law and ought to be accounted amongst the General Customs of the Kingdom and there is not any Statute or written Law of the Institutions of the Customs of the Law of England but according to the Skilful in the Law of England The Ancient Customs of the Law of England are of themselves of sufficient Authority and the Customary Law is the most firm Law provided such a Custom be not against the Law of God or the Law of Reason The Fourth Fundamental of the Law of England consists of Divers Principles which the Learned in the Law call Maxims always esteemed and held for Law of this Kingdom of England which none Learned in the Law may contradict because every one of them gives Faith or Credit to it self and whether a Maxim or not is to be tried by the Judges as before is said of General Customs of
vel 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
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
the Dean 〈◊〉 the Chappel Royal and Dean of thâ— Chappel of St. George at Windsor Moâ—â—over some Deans there are without aâ—â— Chapter yet enjoying certain Juriâ—dictions as the Dean of Croyden thâ— Dean of Battel and the Dean of Boâ—â—ing c. The Consistory Courts of Archbishops and Bishops THe Consistory Courts of every Archbishop and Bishop of every Dioceâ—â— in Ecclesiastical Causes is holden befoâ—â— his Chancellor in his Catheral Church or before his Commissary in places 〈◊〉 the Diocess too far remote for the Chancellor to call them to the Consistory From these the Appeals are to the Archbishop of either Province respectively By many Records in Hen. 3. and Edw. 1. It appears no Bishop could make a Will of his Goods or Chartels coming of his Bishoprick c. without the King's License wherefore the Bishops consented to give the King Six things That they might freely make their Wills First Their best Horse or Palfrey with Bridle and Saddle Secondly A Cloak with a Cape Thirdly A Cup with a Cover Fourthly A Bason and Ewer Fifthly One Ring of Gold Sixthly His Kennel of Hounds for which a Writ issueth out of the Exchequer after the Decease of every Bishop The King by the Verdict of Twelve recovered 10000 Marks against the Bishop of Norwich for that he prosecuted against the Abbot of St. Edmundsbury to appear before him against the King's Prohibition For which it was adjudged That his Temporalities should be seised and his Body taken If an Alien or Stranger be presented to a Benefice the Bishop ought not to admit him The Court of Archdeacon or his Commissary THis Court is to be holden wheâ—â— and in what place the Archdeacoâ— either by Prescription or Compositioâ— hath Jurisdiction in Spiritual Cases with in his Archdeaconry and from hiâ— the Appeal is to the Diocesan and 〈◊〉 is called Oculus Episcopi And every Archdeacon hath 〈◊〉 Court and Jurisdiction where smallâ—â— differences arising within his Limits aâ—â— pleaded Also the Dean and Chapter hath 〈◊〉 Court and take Cognizance of Causâ— hapning in places belonging to thâ— Cathedral Lastly There are some peculiâ—â— Jurisdictions the Inhabitants whereâ—â— are exempt sometimes from the Arcâ—deacon's Jurisdiction and sometimâ— from the Bishops Jurisdiction The Court of Delegates THis Court is so called because Delegated by the King's Commissioâ— under the Great Seal to sit upon an Aâ—peal to the King in the Court of Chaâ—cery in three Causes First When 〈◊〉 Sentence is given in an Ecclesiastical Court by the Archbishop or his Official Secondly When a Sentence is given in any Ecclesiastical Cause in places exempt Thirdly When any Sentence is given in the Admirals Court by the order of the Civil Law And having spoken of Appeals in Ecclesiastical Causes that you may know the Resolution of the Judges and Learned in the Ecclesiastical Law in what Causes from what Courts and in what time Appeals are to be made Vide Lord Dyer Coke's 4 Inst Ecclesiastical Courts The Laws and Constitutions Ecclesiasticali THe Laws and Constitutions of the Ecclesiastical Government in England are First General Canons made by General Councils Arbitria Sanctorum Patrum The Opinions of Fathers the Grave Decrees of several Holy Bishops of Rome Next our own Constitutions made anciently in several Provincial Synods either by the Legates Otho and Othobone sent from Rome or by several Archbishops of Canterbury All which are by the Statute of 25 Hen. 8. in force in England so far as they are not Repugnant to the King's Prerogative or the Customs Laws or Statutes of the Realm Then the Canons made in Convocations of latter times as 1 Jac. and confirmed by his Royal Authority Also Statutes Enacted by Parliament touching Ecclesiastical Affairs And Lastly Divers Customs not written and where these fail the Civil Law takes place Tryals Ecclesiastical in Civil Causes THe manner of these Tryals are first a Citation goes out Then they proceed to Bill and Answer then by Proofs Witnesses and Presumptions the matter is argued Pro and Con and the Canon and Civil Laws Quoted And then without Jury the Definitive Sentence of the Judge passeth and after that Execution Tryals Ecclesiastical in Criminal Causes THe manner of Trying Criminal Causes is by way of Accusation Denunciation or Inquisition The first When some one takes upon him to prove the Crime The second When the Church-Wardens present and are not bound to prove because it is presumed they do it without Malice and â—hat the Crime is Notorious Lastly By Inquisition when by reason of common fame inquiry is made by the Bishop Ex officio suo by calling some of â—he Neighbourhood to their Oath or â—he party accused to his Oath Ex officio But by the prevailing part in the Long-Parliament this power was taken from the Church the want whereof is one main cause of the Libertinism and Debauchery of the Nation Punishments by Ecclesiastical Courts PUnishments inflicted by these Spiritual or Ecclesiastical Courts according to these Spiritual or Ecclesiastical Laws are first the party delinquent is admonished Next goes forth Minor Excommunicatio whereby he is Excommunicated or Excluded from the Church or at least from the Communion of the Lord's Supper disabled to be Plaintiff in any Suit c. and this commonly for Non-appearance upon Summons or not obeying the Orders of the Court This power of lesser Excommunication the Bishop may Delegate to any Grave Priest with the Chancellor Then Excommunicatio Major is not only an Exclusion from the Company of Christians in Spiritual Duties but also iâ— Temporal Affairs And this commonly for Heresie Schism Perjury Incest c. and for the more Terrour 〈◊〉 is done by the Bishop himself in propeâ— person and being so Excommunicate a Man cannot be in any Civil or Ecclesiastical Court either Plaintiff or Witness and in case any continâ—â— Forty days Excommunicate the King'â— Writ de Excommunicato capiendo is granted out of the Chancery against him whereupon he is cast into Prison without Bail till he hath satisfied for thâ— Offence And then there is Anathematismus inflicted upon an obstinate Heretick whereby he is declared a publick Enemy to God Rejecteâ— and Accursed and delivered over tâ— Eternal Damnation And this is to bâ— done by the Bishop also in his owâ— person assisted by the Dean and Chapter or Twelve other grave Priests Anâ— Lastly There is Interdictum whereby is prohibited 〈◊〉 Divine Offices as Christian Burial 〈◊〉 Administration of Sacraments c. iâ— such a place or to such a people If this be against a people it followeth theâ— wheresoever they go but if against the place only then the people may gâ— to Divine Office elsewhere and besides these general Censures of the Church which respect Church-Communion there is another touching the Body of the Delinquent called Publick Penance when the Delinquent is to stand in the Church Porch on a Sunday Bare-head and Feet in a White Sheet bewailing himself and begging every one that passeth by to
dicitur diuturnam cepit dilationem ad grave dampnum ipsius A. Sicut ex querela sua accepimus Vobis praecipimus quod ad judicium inde reddend cum ea celeritate quae secundum Legem consuetudinem regni nostri procedas c. Likewise when Justices or Judges of any Court of Record or not of Record give Judgment and delayed the party of his Execution the party grieved may have a Writ De executione Judicij by which Writ the Justices or Judges are commanded Quod executioonem judicij nuper redditi c. de loquela quae fuit c. per breve nostrum c. sine dilatione Fieri fac ' and thereupon an Alias Plur ' and Attachment c. do lye By the meeting together upon Adjournment of the Cause out of the Court where the Cause dependeth c. all the Judges c. which now we call an Exchequer Chamber Cause Warranted by the Common Law and Ancient Presidents before this Statute and the frequent use of this Court of Exchequer Chamber hath been the Cause that this Court upon the Act of 14 E. 3. hath been rarely put in ure By the King 's Writ comprehending Quod si difficultas aliqua intersit that the Record should be certified into the Parliament and to Adjourn the parties to be there at a certain Day Si obscurum difficile sit Judicium ponantur judicia in respect ' usque magnam curiam An excellent Record whereof you may read in the Parliament holden at Westminster the Tuesday after the Translation of St. Thomas Becket Annâ— 14 E. 3. Secondly By Acts of Parliament Nulli vèndemus nulli negabimus aut differemus justitiam vel rectum That it shall not be commanded neither by the Great Seal nor by the Little Seal nor by Letters nor any other cause to delay Right and albeit such commandment come c. that by them the Justices surcease not to do Right in no manner In divers cases the party grieved shall have an Action for unjust delay Tolle moram semper nocuit differre paratis But seeing neither the Common Law nor any of the Acts of Parliament do extend to Ecclesiastical Courts it is then demanded What if an Inferiour Ordinary will refuse or delay to admit and institute a Clerk presented by the right Patron to a Church within his Diocess or the like or delay or refuse to give Sentence in a Case depending before him It is Answered That the Archbishop of the Province may grant his Letters under his Seal to all and singular Clerks of his Province to admonish the Ordinary within Nine days to perform that which by Justice is desired or otherwise to cite him to appear before him or his Official at a day in those Letters prefixed and to cite the party that hath suffered such delay then and there likewise to appear and further to intimate to the said Ordinary that if he neither perform that which is enjoyned nor appear he himself without further delay will perform the Justice required or in the former of the said Cases the party delayed may have his Quare impedit but that is thought not to be so speedy a remedy Cokes 4 Inst cap. 6. The Kings Bench Court THis Court is so called because antiently the King sat there sometimes in Person upon a high Bench and the Judges upon a low Bench at his Feet to whom the Judicature belongs in the absence of the King And the Pleas here are betwixt the King and Subject As for Treasons Felonies Breach of the Peace Oppression Misgovernment c. And moreover it examineth and corrects all Errors in facto and in jure of all the Judges and Justices of England in their Judgments and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and Mixt except only in the Exchequer And in this Court are Four Judges First The Lord Chief Justice created by Writ thus Mathis Hale Militi Salutem Sciatis quod constituâ—mus vos Justiciarium Nostrum capitalem ad Placita coram nobis tenenda durantâ— bene placito Nostro Teste me ipso apâ—l Westminst Three other Judges hold their Places by Letters Patents in these word Rea Omnibus ad quos Praesentes Litterae peâ—â—nerint Salutem Sciatis quod Constituâ—mus Dilectum Fidelem R.R. Militem unâ—â— Justiciariorum ad placita coram nobis â—â—nenda durante bene placito nostro Testâ— c. These Judges and all the Officers of this Court have Salaries from the King and the Chief of them Liveries out of the great Wardrobe In this Court all young Lawyers who have been called to the Bar are allowed to Plead and Practise This Court may grant Prohibition to keep other Courts both Ecclesiastical and Temporal within their Bounds and due Jurisdiction The Jurisdiction thereof is General and extendeth to all England is more uncontrolable than any other Court because the Law presumes the King always is present there in Person None may be Judge here but a Serâ—eant who upon taking his Degree is obliged to wear a Lawn Coif under â—his Cap for ever after The King hath wholly left matters of Judicature according to his Laws to his Judges and albeit the Delinquent shall be Fined at the Will of the King Non Dominus Rex Camera sua nec aliter nisi per Justiciarios suos Finem imponit Errors in the Kings Bench cannot be reversed except in certain particular cases by Stat. 27 Eliz. c. 8. wherein the â—urisdiction of the Court is saved but in the High Court of Parliament A Record brought into this Court cannot as it were being in its Center be remanded back unless by Act of Parliament But Indictments of Feâ—onies and Murders may be remanded â—nd sent by the Justices of that Court â—nto the several Counties The Justices of the Kings Bench may grant a Nisi prius in case of Treason Felony and other Pleas but if they perceive an Indictment to be removed into that Court by practise or for delay they may send it back again for Justice to be done In this Court the Sentence is giveâ— by the Chief Justice the others all 〈◊〉 the most part assenting If they cannot agree it is referred to a Demurrer iâ— the Exchequer Chamber before all the Judges of both Benches and Chieâ— Baron of the Exchequer And now 〈◊〉 us speak somewhat of The Officers THe Prothonotary recordeth all Judâ—ments Orders and Rules of Courâ—â— and all Verdicts given being not 〈◊〉 Crown matters The Secondary is his Deputy for 〈◊〉 said Cause who keeps and makâ— up these Records in Books and alwayâ— attends the Court. The Clerk of the Crown Frames 〈◊〉 Indictments of Felony Treason Mâ—ther c. all manner of Appeals aâ—â— is after to Record them and enter 〈◊〉 Verdict and to make and keep thâ— Records of these matters And hath 〈◊〉 Deputy The Clerk of the Exigents Frames 〈◊〉 Process of Exigi facias and Recoâ—â— the Oulawry The Clerk
the use of the Clergy in London and Liberties â—hereof and a part thereof for Twenty â—oor People for which he gave Three Thousand pounds and for the Mainâ—enance of the poor People 120 l. yearly for ever and 40 l. yearly for a Sermon in Latin at the beginning of â—very Quarter and a plentiful Dinner â—or all the Clergy that shall meet â—here There was a Spacious Library â—uilt by John Sympson Rector of St. Olaves Hartstreet and well furnished with Books The Chartreaux in London THis was heretofore a Convent of Carthusian Monks called in French Des Chartreaux It is called Sutton's Hâ—â—pital also and consists of A Master oâ— Governour A Chaplain A Master and Usher to Instruct 44 Scholars besideâ— 80 Decayed Gentlemen Souldiers anâ— Merchants who have all a plentifâ—â— Maintenance of Dyet Lodging Cloath and Physick c. The Scholars fit for the University have Twenty poundâ— yearly allowed them for Eight year after they come to the University 〈◊〉 and others fitter for Trades have a considerabl Sum of Money to bind them out Apprentices And they have all Officers expedient for such a Society as Physician Apothecary Steward Cooks Butlers c. who have all Competent Salaries This vast Revenue was the Gift of an ordinary Gentleman Mr. Thomas Sutton Born in Lincolnshire and was of such Account that by the King's Letters Patents Persons of the Highest Quality as the Archbishop of Canterbury Lord Chancelor Lord Treasurer and Thirteen others are Governours and Overseers thereof Schools in London ARe St. Paul's Founded An 1512. by John Collett Dr. of Divinity and â—ean of St. Paul's for 153 Children to â—e Taught gratis There being a Master Usher and Chaplain who have â—arge Stipends and the Master Wardens and Assistants of The Company of â—ercers in London have the oversight â—hereof And divers other Schools which are â—ndowed as Merchant-Taylors Mercers-Chappel c. which for brevity sake I â—mit The Arms of the City of London â—re Argent A Cross Gules with the Sword of St. Paul not the Dagger of William â—alworth as some have conceited â—or this Coat did belong to the City before Walworth slew Wat Tyler as â—earned Antiquaries affirm Southwark THis Burrough was granted by King Edward the Sixth by Lettâ—ers Patents to the Major Commonalâ—y and Citizens of London and is calâ—ed the Bridge-Ward without and Governed by One of the 26 Aldermen of London It hath nothing Remarkable but that it pays more in a Subsidy to the King and Musters more Men than any City in England except London The City of Westminster THE Ancient Stately Abby Church here was Founded by the Pious King Edward thâ— Confessor and richly Endowed afterwards Rebuilt by King Henry the Third with that rare Architecture now seen Wherein are most Magnificent Tombs and Monuments of our Kings Queens and Greatest Nobles To the East-end of which is added A Chappel by King Henry the Seventh which for curiouâ— Artificial Work without and within For a Monument of Massy Brass most curiously wrought is scarce to be parallel'd in the whole World This huge Fabrick stands where first was the Temple of Apollo and afterwards King Sebert the First Christened King of the East Saxons who first Built St. Paul's Church in London Built here likewise this Church to St. Peter It taketh the name from this Monastery which Minster signifieth it being called Westminster in respect of the East Minister not far from the Tower of London This Monastery 30 Hen. 8. was Surrendred to the King who Erected thereof a Dean and Chapter Anno 33 Hen. 8. It was raised to a Bishopâ—ick and Tho. Thurlby made the first and last Bishop thereof Queen Eliz. Converted it into a Collegiate Church and therein placed a Dean Twelve seculiar Canons or Prebendaries Pety Canons and others of the Quire to the number of Thirty Ten Officers belonging to the Church as many Servants belonging to the Collegiate Diet Two School-Masters Forty Scholars Twelve Alms-men with plentiful Allowance for all besides Stewards Receivers Registers Collectors and other Officers The Principal whereof is the High Steward of Westminster who is usually one of the Prime Nobility The Dean is intrusted with the Regaâ—ia at the Coronation and Honoured with a place of necessary Service at â—ll Coronations and with a Commisâ—ion of the Peace within the City and Liberties of Westminster The Dean and Chapter invested with all Jurisdiction both Ecclesiastical and Civil not only within the City and Liberties of Westminster but within the Precincts of St. Martins le Grand and in some Towns in Essex Exempted in the one from the Jurisdiction of the Bishop of London And in the other from that of the Archbishop of Canterbury It hath a Royal Jurisdiction for Ecclesiastical Causes and Probate of Wills and a Commissary from whom is no Appeal but to the King in his Chancery Who thereupon Issueth out a Commission of Delegates under the Great Seal of England When the Convocation is Adjourned from St. Pauls for the conveniency of being nearer the Parliament to Westminster The Bishops first declare upon a Protestation made by the Dean there that they intend thereby not to violate that High Priviledge viz. That no Archbishop or Bishop may come there without leave of the Dean first obtained There is also a fair publick Library free for all Strangers to Study both Morning and Afternoon always in Term time Within this City are Twelve Wards Out of which are Elected One Burgess and One Assistant in every Ward and out of these Twelve Two are Elected yearly on the Thursday in Easter Week to be Chief Burgesses and so to continue for the year ensuing These Burgesses have Authority by Act 27 Eliz. To Hear Examine Determine and Punish according to the Laws of the Realm and lawful Customs of the City of London Matters of Incontinency Common Scolds Inmates and Common Annoyances and to commit such Persons as shall offend against the Peace and thereof give knowledge within Twenty four hours to some Justice of Peace within the County of Middlesex Next the Abbey Church stood the Palace Royal and usual Place of Residence of the Kings of England who ordinarily held their Parliaments and Courts of Judicature in their Dwelling Houses and many times sate themselves in the said Courts of Judicature as they do still in Parliament But after the Parliament was divided into two several Houses which was about 50 Ed. 3. The Commons assembled in the Chapter House of the Abbot of Westminster until 1 Ed. 6. which gave to the King Colledges Chauntries Free Chappels c. The King being thereby Possessed of the Ancient Beautiful Free Chappel of St. Stephen Founded by King Stephen which had Revenues of the old yearly value of 1085 l. It afterwards served for the House of Commons A great part of this Huge Palace was in the time of Hen. 8. destroyed by Fire what remained hath still been Employed for the use of the Parliament and Courts of Judicature The
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
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