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
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
dicti Domini Regis in dicto Com' Devon ' The Lord Warden hath Jurisdiction of all the Tynn in Cornwal and Devon and is guided therein by Special Laws by Customs and by Prescriptions Time out of mind And the Officers be the Steward Under-Warden c. By Exposition of the Charters of 33 E. 1. Made and Declared in Parliament Anno 50 E. 3. it appears that all Tynners and Workers in the Tynn-Works should be Free so that they should not Answer for any Matter or Thing arising within the Stannaries before any other Judge or Officer but only before the Warden of the Stannaries Except for Pleas of Land Life or Member and should not depart from their Work for the Summons of any the King's Officers except of his said Warden of the Stannaries and shall be quit of all Tallages Tolls Stallagiis aliis Custumis in Towns Ports Fairs and Markets within the said County De bonis suis propriis Upon any cause of Complaint ministred the same is to be redressed by Appellation First to the Steward of the Stannary-Court where the matter lyeth Then to the Under-Warden of the Stannaries and from him to the Lord Warden and for want of Justice at his hands to the Princes Privy Council For the Laws Jurisdictions c. of this Court see more in Co. 4 Inst c. 45. and Records c. there cited It was Resolved 4 Jac. 1. in Camera Stellata That Stannum Tynne otherwise White Lead nor Black Lead nor any other base Metal did belong to the King by his Prerogative as Gold and Silver do albeit there may be tryed out of the base Metal Gold and Silver but that is as the seed or strength of the base Metal which being Extracted becomes Defective There be Five kinds of Base Metals viz. Aes sive Cuprum because it was found out as some hold in Cypro Copper Stannum Tynn Ferrum Iron Plumbum Lead and Orychalcum Latyn Polybius 209 years before Christ wrote That this Island was abundantly stored with Tynn Britanni qui juxta Belerium promontorium incolunt Mercatorum usu qui eo Stanni gratia navigant humaniores reliquis hospites habentur hij ex terra Saxosa cujus venas sectati effodiunt Stannum igne eductum in quandam Insulam ferunt Britannicam juxta quam Vectam vocant Ex hiis Insulis Mercatores emptum Stannum in Galliam Portant inde diebus fere triginta cum equis ad fontem Eridani fluminis perducunt Coke 's 4 Inst cap. 45. The Court of the Major of the Staple THis Court is guided by the Law Merchant which is the Law of the Staple and is holden at the Wool-Staple in Westminster and there also are Two Constables and a certain number of Correctors to do that which pertaineth to their Office as in other Staples is accustomed And though it be more ancient is warranted by Parliament 27 Ed. 3. Whereby it is Ordained That The Staple of Wools Leather Woolfells and Lead shall be holden at Newcastle upon Tine York Lincoln Norwich Westminster Canterbury Cicester Winchester Exeter and Bristol For Wales at Caermardyn and for Ireland at Deuelin Waterford Cork and Droghoada And that such as shall be carryed out of the Land shall be brought to some of the said Staple-Towns to be weighed by the Standard and the Customs paid But from such of the said Staple-Towns which are not Port Towns the said Staple Commodities shall be sent to the next respective Port Towns as from Westminster to London c. there to be weighed again by the Customers Item That in every Town where the Staple is Ordained shall be a Mayor chosen yearly by the Comminalty who hath knowledge in the Law Merchant and Two convenable Constables who have power to keep the Peace arrest the Offenders in Staples for Debts Trespass and other Contracts and them to Imprison and punish after the Law of the Staple and a Prison appointed for that purpose The Mayors Sheriffs and Bayliffs of the Towns where the Staple is or joyning to the Staple shall be attending to the Mayors and Ministers of the Staple for Executing their Commandments upon grievous Forfeiture and one Lord or other of the most Sufficient where the Staple is shall be assigned to be Aidant to the Mayor and Ministers of the Staple to justifie the Rebels that cannot be justified by the Mayors and Ministers of the Staple and to redress all Complaints c. The Bounds of the Staple at Westminster shall begin at Temple-Bar and extend to Tuthill In other Cities and Towns within the Walls and where there are no Walls through all the City or Town By the Statute of 27 Ed. 3. the Major of the Staple may take Recognizances of Debts under the Seal of the Office but not with the Seal of the Party By the Statute of 23 H. 8. the Major of the Staple at Westminster and Recorder of the City of London in the absence of the Two Chief Justices out of Term have power to take Recognizances of Debts according to that Statute and this is in the Nature of a Statute Staple but it hath besides the Seal of those that take it the Seal of the Party By the Statute of 36 Ed. 3. Merchant Strangers may sue before the Major of the Staple according to Law Merchant or at the Common Law By the Statute of 8 H. 6. cap. 17. there are in England Five Staple Merchandizes viz. Wool Woolfells Leather Lead and Tyn. The Mayor and Constables are sworn in Chancery to do lawfully that which pertaineth unto them That Staple cometh from the French Estape signifying a Mart or Market and for other Matters concerning the Staple see Coke's 4 Inst cap 46. and the Statutes and Records there mentioned The Principality of Wales WALLIA Wales by the Saxons called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Wales unde Wallenses Walli i. e. Exteri seu Perâ—grini The Britons calling Englishmen Saisons They are of the Posterity of the ancient Britons Inhabiting on the West part of Great Brittany This was sometime a Realm or Kingdom Governed per Regulos suos But Jure Feodali the Kingdom of Wales was holden of the Crown of England and thereby as Bracton saith was Sub potestate Regis and so continued until the 11th Year of King Edward the First when he subdued the Prince of Wales and Executed him for Treason Whereof Fleta who lived in those days speaketh thus Et unico Malefactori plura poterunt infligi tormenta sicut contigit de Davide Principe Walliae cum per Edwardum Quinque Judiciis mortalibus torquebatur suis namque Meritis exigentibus Detractus Suspensus Dismembratus fuit combustus cujus caput principali Civitati quatuorque Quarteria ad quatuor partes Regni in Odium tradit deferebuntur suspendendum And in the 12th of E. 1. by Parliament it is declared speaking in the Person of the King as ancient Statutes were wont to do Divina Providentia quae in sua dispositione non
fallitur inter alia suae dispensationis munera quibus nos Regnum nostrum Angliae decorari dignata est Terram Walliae cum Incolis suis prius nobis Jure Feodali Subjectam jam sui gratia in Proprietatis nostrae Dominium Obstaculis quibuscunque cessantibus Totaliter cum Intergritate convertit Corona Regni praedicti tanquam partem corporis ejusdem annexuit univit Yet this Wise and Warlike Nation was long after this not satisfied especially for that taking part with their Rightful Liege Lord King Richard the Second In Revenge thereof many severe Laws were made against them in the Reigns of H. 4. H. 5. c. And they were never in quiet till H. 7. their own Country-man as descended from Owen ap Meredith ap Theodore who Married Katharine Daughter of France and Dowager of King Henry the Fifth and was by Commission found to be Lineally descended from Cadwallader King of the Britons obtained the Crown And yet not so really Reduced in his time as in the Reign of his Son King Henry the Eighth when The Principality of Wales and Dominions thereof was by Act of Parliament 27 H. 8. Incorporated and United to the Realm of England And it is thereby Enacted That every Subject born in Wales should enjoy the Liberties Rights and Laws of this Realm and have Knights of Shires and Burgesses of Parliament c. One Knight for each Shire and One Burgess for each Burrough and the Laws of England used in Wales Vide le Stat. And this Principality consisteth of 12 Counties whereof Eight viz. Glamorgan Anglesey Carnarvan Pembroke Merioneth Flint Carmarthan and Cardigan by Statutum Walliae were Erected 12 E. 1. And the other viz. Brecknock Radnor Denby and Montgomeroy by 27 H. 8. Besides the Shire of Monmouth and other Lordships and Manors in the Marshes united to Salop Herefordshire and Gloucester The Court of the President and Council of Wales THis is a Court of Equity before the President and Council there Warranted by the Statute of 34 H. 8. cap. 36. with Reference to Presciption before in these Words There shall be and remain a President and Council in the said Dominion and Principality of Wales and the Marshes of the same with all Officers Clerks and Incidents to the same in manner as heretofore hath been used who shall have Power to hear and determine by their Wisdoms and Discretions such Causes and Matters as be or hereafter shall be assign'd to them by the King's Majesty as heretofore hath been accustomed They sit by force of the King's Commission and Instructions and proceed as in a Court of Equity by their Wisdoms and Discretions Herefordshire Worcestershire Shropshire and Gloucester are included within this Commission pretending that these Four Shires are within the Marshes of Wales This Court is now Dissolved The Great Sessions in Wales BY the Statute of 34 H. 8. It is Ordained That there shall be Sessions holden and kept Twive in every Year in every of the said Shires within the Dominion of Wales which shall be called The King 's Great Sessions in Wales The Justice of Chester should hold those Sessions in the Shires of Denbigh Flint and Montgomeroy and have nothing but his old Fee of 100 l. for the same That the Justice of North Wales shall likewise hold the Sessions for the Shires of Carnarvan Merioneth and Anglesey and shall have Fifty Pounds yearly of the King for his Fee That one Person Learned in the Laws appointed by the King shall be Justice of the Shires of Radnor Brecknock and Glamorgan and shall hold the said Sessions there and shall have Fifty Pounds yearly of the King for his Fee That one other person Learned in the Laws and appointed by the King shall be Justice for the Shires of Carmarthan Pembroke and Cardigan and shall keep the Sessions there and have the like Sum of Fifty Pounds yearly of the King for his Fee The said Justices shall have several Letters Patents and Commissions for their Offices under the Great Seal of England to be Excercised by themselves or their sufficient Deputies according to the purposes and intents in their Ordinance specified These Justices may hear and determine all Pleas of the Crown as the Chief Justice and other Justices of the King's-Bench may do in their places and elsewhere in the Realm of England and all Pleas of Assize and all other Pleas and Actions Real Personal or Mixt as the Chief Justice of the Common Place in England or other Justices of the same Place may do in the Realm of England That open Proclamation being made in the Shire-Towns Fifteen days before of the Time and Place they intend to keep the said Sessions the said Sessions shall be held and continued for Six days together according to the former Custom heretofore used in North Wales The Seals devised for each Division to be kept by the Steward and Chamberlain of each Division Four Judicial Seals to be in the Custody of the Four Justices respectively and the Teste of Process Judicial shall be in the Name of the Justice who shall pass it Fines Concords Recoveries c. taken before the said Justices within their Authority respectively without any Dedimus potestatem as before the Justice of the Common Place in England There shall be Justices of the Peace and Justices of Quorum and Custos Rotulorum Commissionated by the King in Every of the said Counties not exceeding Eight in a County and those or two of them in each County whereof one to be of the Quorum may keep their Sessions Four times in the Year or oftner if urgent occasion requires and have like Authority and Fees as Justices in England Sheriffs Escheators Coroners Constables of Hundreds and other Officers and their Courts to be had and holden as in England Vide le Statute Rodry Maure King of VVales who died Anno 877 in the time of Alured King of England and left Three Sons Mervyn Anarawd and Cadelh Divided his Kingdom into Three parts Guyneth which the English call north-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
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
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
Descent for that by the Laws of that Kingdom he doth Inherit he cannot change those Laws of himself without Consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after King John had given to them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament And in this case whilst the Realm of England and that of Ireland were Governed by several Laws any Born in Ireland was no Alien to the Realm of England And in case of a Conquest of a Christian Kingdom as well those that served in the Wars at the Conquest as those that remained at home for the Safety and Peace of their Country and other the King's Subjects as well Antenati as Postnati are capable of Lands in the Kingdom or Country Conquered and may maintain any Real Action and have the like Priviledges there as they may have in England Co. 7 Rep. 17 Calvin ' Case Ireland came to the King 's of England by Conquest but who was the first Conquerour hath been a Question The Lord Coke saith he had seen a Charter made by King Edgar in these Words Ego Edgarus Anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omniumque Insularum Oceani quae Britanniam cirumjacent Imperator Dominus gratias ago ipsi Deo Omnipotenti Regi meo qui meum Imperium sic ampliavit exaltavit super Regnum Patrum meorum c. mihi concessit propitia Divinitas cum Anglorum Imperio omnia Regia Insularum Oceani c. cum suis ferocissimis Regibus usque Norvegiam maximamque partem Hiberniae cum sua Nobilissima Civitate de Dublina Anglorum Regno subjugare quapropter ego Christi gloriam laudem in Regno meo exaltare ejus servitium amplificare devotus disposut c. Yet for that it was wholly Conquered in the Reign of King Henry the Second the Honour of the Conquest of Ireland is attributed to him and his Style was Rex Angliae Dominus Hiberniae Dux Normanniae Dux Aquitaniae Comes Andegaviae It is evident by our Books that Ireland is a Dominion separate and divided from England And 2 R. 3.12 Hibernia habet Parliamentum faciunt Leges nostra Statuta non ligant eos quia non mittunt Milites ad Parliamentam which is to be understood unless they be especially named sed Personae eorum sunt Subjecti Regis sicut Inhabitantes in Calesia Gasconia Guyan Concerning their Laws Ex Rotulis Patentium de Anno 11 Regis H. 3. there is a Charter which that King made beginning in these Words Rex c. Baronibus Militibus omnibus libere Tenentibus Salutem Satis ut credimus vestra audivit discretio Quod quando bonae memoriae Johannes quondam Rex Angliae Pater noster venit in Hiberniam ipse duxit secum Viros discretos legis peritos quorum Communi consilio ad instantiam Hibernensium Statuit praecepit Leges Anglicanas in Hibernia ita quod Leges easdem in scripturas redactas reliquit sub Sigillo suo ad Scaccarium Dublin ' So as now the Laws of England became the proper Laws of Ireland But because they have Parliaments holden there whereat they have made divers particular Laws and for that they retain unto this day divers of their Ancient Customs The Book 20 H. 6.8 holdeth That Ireland is governed by Laws and Customs separate and diverse from the Laws of England A Voyage Royal may be made into Ireland which proveth it a distinct Dominion In the Statute of 4 H. 7. cap. 24. Of Fines Provision is made for those that be out of this Land and it is holden in Plowden's Commentaries in Stowel's Case 375. That he that is in Ireland is out of the Land and consequently within that Proviso Co. 7 Rep. Calvin's Case But he is no Alien that is Born within the King's Obedience And no Man can be Alien to the Subject that is no Alien to the King Non potest esse Aliegena Corpori qui non est Capiti Non gregi qui non est Regi If an Irish Man dwelling in Ireland hath Lands in England he shall be chargable for the same to all intents as if an English Man were Owner thereof and dwelt in Ireland But if Irish Men or Men of the Isles of Man Jersey Guernsey c. have Lands within England and dwell here they shall be subject to all Services and publick Charges within this Realm as an English Man shall be Co. 7 Rep. 26. Calvin's Case A COMPENDIOUS DESCRIPTION OF THE English Plantations IN ASIA AFRICA AND AMERICA Anno Domini 1699 English Plantations IN ASIA BAntan or Banda Scituate near the Molucco's in the East-Indies abounding more in Nutmegs than any other Island of India and for that cause much frequented but this Trade is now taken from us by the Dutch The chief Town is Nera Here the Christian Faith hath taken deep Root according to the Church of Rome The English have a Colony at Surrat and Fort called the Fort of St. George c. which are not for our purpose more to describe Bombain Is also under the English Government but being of no great account we shall no further describe it The English Colonies in Africa GUinea in Terra Nigritarum doth acknowledge the English Government It extendeth from Sierra Leona in the 10th Degree of Longitude to Benin in the 30th Here is neither Town or Castle except Mina Built by the Portugals This is a Country very Fruitful having Mines of Gold The Juice of a Tree as Strong as Wine and much abounding in Rice Barley Ivory and Guinea Pepper Tanger Did here formerly belong to the English but the Mole and Castle is now Demolished The English Plantations in America THis Immense Country may be properly called a New VVorld being discovered by Christopher Columbus Anno 1492. The ancient Fathers Philosophers and Poets being of Opinion That the places near the North and South Pole were not Inhabitable by reason of the Extremity of Cold and the Middle part because of Excessive heat and thought it a great Solecism to believe the Earth was round For holding which Opinion 'T is said Pope Zacheus was so Zealous against Bishop Virgil That he Sentenced him to be cast out of the Temple and Church of God and to be deprived of his Bishoprick for this perverse Doctrin That there were Antipodes or People whose Feet are placed against ours although this discovery of America hath fully confirmed these Opinions and the yearly compassing the World evidenceth the necessity and certainty of Inhabitants living on all Parts of the Earthly Globe But the particular Discoveries and Voyages into the several parts of America being not for our present purpose I shall proceed to give some Relation of the Discovery Plantation and Government of those Countries and Islands in the VVest-Indies which
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
pray to God for him c. and this by divers Writers appears to be the practice used by the Primitive Churches And this Punishment if the Crime be not very notorious may by the Canons of the Church of England be commuted to a Pecuniary mulct to the Poor or to some other pious Use Punishments Ecclesiastical peculiar to the Clergy TO the before-mentioned Punishments both Clergy and Laity are subject but there are Punishments to which the Clergy only are liable as first Suspensio ab Officio Is when the Minister for a time is declared unfit to execute the Office of Minister Then Suspensio à Beneficio when the Minister is for a time deprived from the profits of his Benefice and these two Censures are wont to be for smaller Crimes Then Deprivatio à Beneficio is for a greater Crime wherein a Minister is wholly and for ever deprived of the profits of his Benefice or Living And Lastly Deprivatio ab Officio when a Minister is for ever deprived of his Orders and this is called Depositio or Degradatiâ—â— and is commonly for some heinous Crime deserving Death and is performed by the Bishop in a Solemn manner pulling off from the Criminal his Vestments and other Ensigns of his Order and this in the presence of the Civil Magistrate tâ— whom he is then delivered to be punished as a Layman for the like Offence And this may suffice for a shoâ—â— view of the Ecclesiastical Government The Civil Government c. A Brief Account of the Ecclesiastical Government having been given In the next place we are to Treat of the Civil Government the first great Wheel moved therein by the King and his Privy Council Being The High Court of Parliament BEfore the Conquest called the Great Council of the King consisting of the Great Men of the Kingdom It was also called Magnatum Conventus or Praelatorum Procerumque Consilium and by the Saxons Michel Gemot and Witenage Mote after the Conquest it was called Parliamentum from the French word Parler still consisting of the Great Men of the Nation as some hold until the Reign of Hen. 3. when the Commons also were called The first Writs to Summon or Elect them being said to bear date 49 Hen. 3. above 400 years ago so that now this High Court consists of The King who being Caput Principium Finis Parliamenti Sits there as in his Royal Politick Capacity The Lords Spiritual As the Two Archbishops and Bishops being in number about Twenty four who sit there by Succession in respect of their Baronies and to every one of these Ex Debito Justitiae a Writ of Summons is to be directed The Lords Temporal As Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities and were in the Lord Cokes time about 106 now near twice that number And every of these being of full Age Ex Debito Justitiae ought to have a Writ of Summons And The Commons of the Realm being Knights of Shires Citizens of Cities and Burgesses of Burroughs all which are respectively Elected by the Counties Cities and Burroughs and none of them ought to be omitted and these were in number in the Lord Cokes time 493 now about 513 persons Spiritual Assistants are Procuratores Cleri who are so called as by the Writ to the Bishop before mentioned appears to Consult and to Consent but never had Voices as being no Lords of Parliament And by the Treatise De modo tenendi Parliamentum they should appear cum praesentia eorum sit necessaria Temporal Assistants Are all the Judges of the Realm Barons of the Exchequer and of the Coif The King 's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the upper House of Parliament but have no Voice and their Writs differ from the Barons being Quod intersitis nobiscum cum caeteris de concilio nostro super praemissis tractaturi vestrumque Concilium impensuri Romulus Ordained 100 Senaâ—ours which were afterwards increased to 300 and of that number were our House of Commons in Fortescue's time The Person Summoning is the King or in his Absence the Custos Regni or in his Minority the Protector Regni doth Summon the Parliament which cannot be begun without the Kings Presence either in Person or Representation by Commission under the Great Seal or by a Guardian of England by Letters Patents The manner of Summoning a Parliament is in manner following About 40 days before their time of Sitting the King cum Advisamento Consilij sui Issues out of Chancery Writs of Summons to every Lord of Parliament Spiritual and Temporal Commanding the Lords Spiritual in Fide Dilectione and the Lords Temporal per Fidem Allegiantiam to Appear Treat and give their Advice in certain Important Affairs concerning the Church and State c. And the Warrant is per ipsum Regem Concilium And for Summoning the Commons a Writ goeth to the Lord Warden of the Cinque Ports for Election of the Barons of the Cinque Ports who in Law are Burgesses and to every Sheriff in the 52 Counties in England and Wales for the Choice and Election of Knights Citizens and Burgesses within every of their Counties respectively Two Knights for each County Two Citizens for each City and One or Two Burgesses for each Burrough according to Statute Charter or Custom Persons Elected for each County ought to be Milites Notabiles or at leastwise Esquires or Gentlemen fit to be made Knights they ought to be Native Englishmen or at least such as have been Naturalized by Act of Parliament No Alien or Denizen none of the 12 Judges no Sheriff of a County no Ecclesiastical person having Cure of Souls may be a Parliament Man And for Legality of Sitting in Parliament he must be 21 years old All the Members of Parliament both Lords and Commons with their Menial Servants and necessary Goods are Priviledg'd during the time of Parliament Eundo Morando ad proprium redeundo But not from Arrests for Felony Treason or Breach of the Peace If the King do not think fit the Parliament shall Sit at the day of Return of the Writ he may by Writ Patent Prorogue them till another day as was done 1 Eliz. At the day of Meeting of the Parliament The King and by his Direction the Lord Chancellor The Lord Keeper of the Great Seal or some other by the Kings appointment Declares the Causes of Calling the Parliament as in Ed. 3. time Sir Henry Green Lord Chief Justice although the Lord Chancellor were present And when a Bishop is Lord Chancellor he usually takes a Text of Scripture in Latin and Discouses thereupon And when a Judge by way of Oration he Declares the Cause of Calling the Parliament The Lords in their House have power of Judicature The Commons in their House to some purposes have power of Judicature and both together have power of Judicature But this
Manuscripts There have been in that time and since the Conquest till the Lord Cokeâ— time 280 Sessions of Parliament and at every Sessions divers Acts made nâ—â— small number whereof are not in Print Cokes 1 Inst 110. a. The Jurisdiction of this Court is sâ— Transcendent That it Maketh Inâ—largeth Diminisheth Abrogateth Repealeth and Reviveth Laws Statutes Acts and Ordinances concerning Matters Ecclesiastical Capital Criminal Common Civil Marshal Maritime c. And none can begin continue or dissolve the Parliament but by the King's Authority Cokes 1 Inst 110. None can be sent out of the Realm no not into Ireland against his will albeit by Order of Parliament Cokes 2 Inst. 47 48. Trial by Peers of Peers of Parliament was very ancient and in the time of the Conqueror both for Men and Women and anciently those that were not Lords of Parliament were Judged in case of Treason or Felony by the Peers of the Realm By Authority of Parliament it was declared That Urban the 12th was duly elected Pope Cokes 2 Inst 274. Few or none of the Acts made in Ed. 1. time have been Repealed Cokes 2 Inst 280. Where Communitatem Angliae and many such Words are taken for the Parliament and as there was a legal word Guidagium being an Office for guiding Travellers through dangerous passages so the Laws of the Realm are â—o guide the Judges in all Causes Cokes 2 Inst. 526. Cardinal Woolsey endeavouring to bring in the Civil Law was the occasion that but one Parliament was held from the 7th to 21th year of Hen. 8. Cokes 2 Inst. 626. George Nobles a Priest Attainted by Verdict for Clipping the Kings Coiâ— was Adjudged and Executed at Tyburâ— as a common person and Merx 〈◊〉 shop of Carlisle for Treason againâ—â— Hen. 4. had Judgment as in case 〈◊〉 High Treason But Cor Regis in manu Dâ—mini he was pardoned Cokes 2 Inst 63â— The Parliament at Oxford 42 Hen. 〈◊〉 was called Insanum Parliamentum 12 Ed. 2. The Parliament of Whiteband 5 Ed. 3. Parliamentum bonum 10 R. 〈◊〉 Parliamentum quod fecit Mirabilia 21 R. 〈◊〉 Magnum Parlimentum 6 H. 4. Parlâ—â—mentum indoctum 4 Hen. 6. Parliamâ—â—tum Fustium 14 H. 8. The Black Parlâ—â—ment 1 E. 6. Parliament ' pium 1 Maâ—â— Parliament ' propitium Parliaments of Q. Pia Justa Provida 21 Jac. 1. Foelix Paâ—â—â—amentum And the Parliament in the 〈◊〉 year of King Ch. 1. Benedictum Parlâ—â—mentum The Reasons of most of the Appellations appear upon Record Câ—â— 3 Inst 2. It is Lex Consuetudo Parliamenâ—â— That wheresoever the Parliament Sâ—â— Proclamation should be made forbâ—ing wearing of Armour and all Plays and Games of Men Women or Children Cokes 3 Inst 160. The Britons loved the Laws of England and petitioned to have the Laws of England in all cases of the Crown used in Wales And now seeing there are Sheriffs in Wales the Writs for Election of Knights Citizens and Burgesses are directed to them returnable in Chancery Cokes 4 Inst. 241. Every Lord of Parliament ought to have a Writ of Summons sent to him out of the Chancery at least 40 Days before the Parliament begin and the Writ of Summons to the Barons is Quod intersitis cum Praelatis Magnatibus Proceribus super dictis Negotijs tractaturi vestrumque Consilium Impensuri but the Writ to the Assistants as all the Judges Barons of the Exchequer of the Coif the Kings Learned Councel and the Civilians Masters of the Chancery are different from the other as thus Quod intersitis Nobiscum cum caeteris de Concilio nostro and sometimes Nobiscum only super Praemissis tractaturi vestrumque Consilium Impensuri and the Writs of Summons to the Bishops c. you may see in Cokes 4 Inst 4 5 6 9 10 14 47 48 50. And at the Return of these Writs the Parliament cannot begin but by the Royal Presence of the King either in Person or by Representation Cokes 4. Inst. 6. The Writs of Summons are to be found in the Close Rolls and the Forms of them you may see in Cokes 4 Inst 9 10. Which Forms as also the Forms of all other original Writs are not to be altered but by Act of Parliament and where they Issued out of the Chancery and were Returnable in the Court of Parliament the Return thereof could not be altered and Returnable into the Chancery But by Act of Parliament 7 H. 4. cap. 15. They be now returned into the Chancery and kept in the Office of the Clerk of the Crown there see the Statute of 4 H. 7. cap. 15. and Cokes 4 Inst. 9 10. Who shall be Electors and the Sheriffs duty in Electing you may see in the several Statutes whereof some are mentioned in Cokes 4 Inst. 48. If Erroneous Judgment be given in the Kings-Bench it shall upon petition of Right be brought into Parliament to be reversed or affirmed and the proceedings thereupon you may read in Cokes 4 Inst 21. None of the Judges of Kings-Bench Common-Pleas or Exchequer are Eligible because Assistants in the House of Lords nor any of the Clergy because of the Convocation but those who have Judicial places in other Courts are Eligible Cokes 4 Inst 47. Thorpe could not be Speaker unless he were Knight of the Shire Cokes 4. Inst 47. in the margent Tenants in ancient Demesne not contributary to the expences of Members in Parliament nor Chaplains who are Masters in Chancery to Proctors in Parliament F. N. B. 507. Cokes 1 Rep. 25 160. A saving in an Act of Parliament Repugnant to the Body of the Act is void Cokes 1 Rep. 47. Alton Woods's Case He who taketh a Gift by Act of Parliament shall not have other Estate than is given by the Act Cokes 1 Rep. 47 48. Alton Woods Case An Act of Parliament or the Common Law may make an Estate void as to one and good as to another which a Man by his breath or words cannot do Cokes 1 Rep. 87. Corbet's Case The Statute of 27 Hen. 8. Extirpating and Extinguishing all the Estate of the Feoffees Non possunt agere seu permittere aliquid in prejudice of Cestuy que use Cokes 1 Rep. 132. Chudley's Case An Act of Parliament may make Division of Estates and therefore not like to Cases at Common Law Cokes 1 Rep. 137. Chudleigh's Case An Act of Parliament is the Highest Conveyance and a latter doth take away a former Act Cokes 2 Rep. 46. Parliamentum Testamentum Arbitramentum to be construed according to the intent of the makers Cokes 3 Rep. 27. Butler and Baker's Case Of Statutes which concern the King the Judges ought to take notice Cokes 4 Rep. 13. Lord Cromwell's Case The like of general Acts Cokes 4 Rep. 76. Holland's Case The of Stat 13 18 Eliz. concerning Leases by Deans and Chapters are general Statutes whereof the Court ought to take notice although they be not found by the Jurors Cokes 4 Rep. 120. Davenport's Case Mistaking the
in French Pourallèe i. e. Perambulatio By this it appeareth That Chases that never were Forests cannot have any Purlieu and consequently the case of 16 Eliz. Dyer 326. is mistaken for the Chase of Whaddon never was a Forest The Owners of the Soil within the Purlieu may at their will and pleasure Fell Cut down Eradicate and Stub up all Timber Trees Woods and Under-woods and convert the same into Arrable Land or dispose and inclose the same as if the same had never been Afforested The King's Raâ—â—gers may Re-chase with their Hounds any Deer out of the Purlieu into the Forest again and may present unlawful Huntings and Hunters of the Kings Deer within the Purlieu as in the Night or at unseasonable Deer or by one no Purlieu Man As appears by the Rangers Oath Coke's 4 Inst. cap. 73. And where is no Purlieu there are no Rangers The Kings Game or Deer are not marked therefore Ranging out of the Forest and Purlieu if any be belonging to the King Therefoâ—e the Abbot of Whitby Huntting in Whitby Forest adjoyning to the Forest of Pickering which belonged to the Earl of Lancaster The Sheriff being commanded to Summon the Abbot before the Justices in Eyre 8 E. 3. Rot. 42. He pleaded his Title to the Forest and that all Abbots of that place by their Grants might with Engins Netts c. take Wild Beasts By which it appears That when the Kings Game range out of the Forest they are at their natuâ—al Liberty Et occupanti conceduntur And now a word of The Drifts of the Forests by the Statute of 32 Hen. 8. all Forests Chases Commons Heaths Moors and Wast grounds within England and Wales are to be driven at the Feast of St. Michael yearly or within 15 days after or at any other season or time of the year And the end of these Drifts is First To see if those who ought to Common do Common with such Cattel as by Prescription or Grant they ought Secondly That they do not Surcharge Thirdly If the Cattel of any Stranger be there who ought not to Common at all A Forrest being as it is described before that which hath Power to hold the several Courts before mentioned it is further to be observed That if the King having a Forest grant the same to a Subject in Fee the Grantee shall have no Forest because he hath no power to make Justices and Officers of the Forests to hold Courts c. But if the King grant a Forest to a Subject with this further That upon request made in Chancery he and his Heirs shall have Justices of the Forest Then the Subject hath a Forest in Law As the Duke of Lancaster had the Forests of Pickering and Lancaster And the Abbot of Whitby had the Forest of Whitby in the County of York A Chase is where there are Keepers only and no Court of Swanimote but is governed by the Common Law And when a Forest is granted by the King to a Subject without the Power above mentioned to have Justice of the Forest Then that which was a Forest before shall be said to be a Chase and a Chase is a certain compass of Ground to nourish and maintain Deer granted by the King in my own Land and is not inclosed but lieth open A Park is Land inclosed and stored with Wild Beasts which may be had by Prescription as well as by Grant of the King and a Park is always inclosed with some Pale Wall or the like and is not open for if it lie open it is cause of Forfeiture or Seisure A Warren is where one by Grant of the King or by Prescription doth use to have Pheasants Partridges Conies and Hares and no other Wild Beast or Vermin within certain of his Lands And none may make a Warren but the King no more than they may make a Forest or Chase because it is a special Priviledge which belongeth to the King only But it may be had by Prescription And in every Warren is a Master and Servants to attend for the safeguard of the Beasts and Birds of Warren but there is no Court of Swanimote or other Court For Trespass done in a Warren is punishable by the Common Law And the King may grant to me Warren which he hath in such his Demesne Land And also which he hath in Lands of others And may grant me Waren in my Lands for Conies and Hares and to an other that he have Warren there for Partridge and Phesant And if the King grant that none shall Chase or Hunt any Beasts in my Land it is a good grant for Beasts of Chase and Warren and it is not a Warren but a Free Chase And for other matters relating to Forest Park Chase and Warren Vide compton's Jurisdiction of Courts and Coke's 4 Inst The Beasts of Park or Chase properly extend to the Buck the Doe the Fox the Roe the Marton but in a common and Legal Sense to all the Beasts of the Forest The Forest and Chase differ in Offices and Laws every Forest is a Chase but every Chase is not a Forest Beasts of Forest are properly a Hart Hind Buck Hare Boar Wolf ut supra but legally all Wild Beasts of Venery There are both Beasts and Fowls of Warren as Hares Conies and Roes called in Records Capreoli Fowls of two sorts Terrestres and Aquatiles Terrestres of two sorts Silvestres and Campestres Campestres as Partridge Quâ—il Rail c. Silvestres as Phesants Woodcock c Aquatiles as Mallard Hern c Of the Officers of Park Forest c and Conditions annexed and causes of forfeiture See Coke's 1 Inst 233. a. b. Vivarium is taken for Waters where Fishes are kept Coke's 2 Inst 162. It is not lawful for any Man to Erect a Park Chase or Warren without a License under the Great Seal of the King who is Pater Patriae and Head of the Common-wealth for the Common Law gave no way to matters of Pleasure wherein most Men do exceed for that they brought no profit to the Common-wealth Unto a lawful Park three things are requisite First A Liberty either by Grant of the King or by Prescription Secondly Inclosure by Pale Wall or Hedge Thirdly Beasts Savages of Park By Stat. Westm 1. cap 20. Trespasses in Parks and Vivaries shall make good and high amends according to the manner of the Trepass have Three years Imprisonment make Fine to the King or otherwise find Surety no more to Offend or else to Abjure the Realm If one Hunt in a Park or Fish in a Pond altho' he kill no Deer or take any Fish yet this is a Misfeazance within this Statute And this Act being Affirmative to the Common Law the party may bring his Action upon this Statute or may waive the benefit of this Act and bring his Action of Trespass Generally at the Common Law If the Damages given be too small the court may encrease the Damages The King may pardon
County of Cambridge which was before within the Diocess of Lincoln And this King Henry the first granted to this new Bishop and his Successors Jura Regalia within the Isle of Ely But the Priory and Convent were by Henry the eighth suppressed and instead thereof a Dean and Prebendaries raised to be the Chapter of the Bishop and a Grammar School for a Master and 24 Scholars This Royal Jurisdiction the Bishop hath by Prescription granted upon the said Grant as well in Pleas of the Crown as in Common Pleas before his Justices of his Liberties and other Matters Vide Coke's 4 Instituets cap. 39. The County Palatine of Pembroke THis was an ancient County Palatine within Wales and the Earl was Comes Palatinus and had Jura Regalia and all things belonging to a County Palatine but the Jurisdiction thereof was taken away by the Statute of 27 Hen. 8. cap. 26. It being then in the King's hands The Franchise of Hexam and Hexamshire THis was sometime parcel of the Possessions of the Archbishop of York and claimed by him to be a County Palatine And at the Parliment 2 Hen. 5. resolved that Hexamshire was a Franchise where the Kings b Writ went not And in the Statute of 33 Hen. 8. It is named a County Palatine but by the Statute of 14 Elizab. cap. 13. It is declared no County Palatine or Franchise Royal The Courts of the Cinque-Ports BY Doomesday-Book it appears that the priviledged Ports were but Three at first viz. Dover Sandwich and Rumney afterward Two more Hastings and Hythe were added to them by the Conqueror And these have several Priviledges as to be free from Burthens and Charges and many others and every of these send Two Burgesses to Parliament by Name of Barons of the Cinque-Ports and although Two more viz. Winchelsey and Rye be added yet they hold their former Names of Cinque-Ports These lying towards France Antiquity provided they might be securely kept for performance whereof they have a Governour by his Office called Lord Wardon of the Cinque-Ports who is Admiral also and hath the Jurisdiction of the Admiralty amongst them He is also Constable of Dover Castel of whose Jurisdiction as Constable vide Stat ' Artic ' super Chartas and Coke's 2 Inst. 556. There is a Diversity between the Principality of Wales the Counties Palatine and the Cinque-Ports For Wales was no part of England but Counties Palatine are parcel of the Realm of England but divided in Jurisdiction and the Cinque-Ports are parcel of the County of Kent and yet Ubi Breve Domini Regis non currit but have not Jura Regalia And therefore regularly no Writ of Error did lye of a Judgment in Wales otherwise it is in the Counties Palatine A. Judgment here of Lands in Wales or in the County Palatine is void but a Judgment given here of Lands in the Cinque-Ports is good if the Priviledge be not pleaded for they are part of the County And in the Cinque-Ports are Divers Courts as first The Court before the Constable of the Castle of Dover And there be other Courts before the Majors and Jurators within the Ports themselves and another called Curia Quinque Portuum apud Shepway If any of the King's Courts write to have a Record in the Cinque-Ports or for doing any thing within the same the Writ is directed Constabulario Castri de Dover Guardiano Quinque Portuum And all Plaints against the Barons of the Cinque-Ports ought to be determined at Shepway before the Warden of the Cinque-Ports And if an Erroneous Judgment be given in the Cinque-Ports before any of the Mayors and Jurats it is to be Redressed before the Constable of Dover at the Court at Shepway which Court was raised by Letters Patents of Edward the First Vide more in Coke's 4 Inst cap. 42. and Records there cited The President and Counsel in the North. THis Counsel was raised by H. 8. by his Commission giving them two Authorities under one Great Seal For the King having suppressed Monasteries of 200 l. per Annum by Act of Parliament 27 H. 8. Insurrection was raised by Lord Hussey and 20800 Men in Lincolnshire whom Charles Brandon Duke of Suffolk appeased and afterwards of 40000 Men more commanded by Sir Robert Aske whom the Duke of Norfolk dispersed and afterwards a Great Commotion was raised in Lancashire Westmorland Cumberland and Northumberland whom the Earl of Derby quieted and divers other Rebellions being raised and overcome and appeased the King intending to suppress the Great Monasteries which he brought to pass in 31 H. 8. for preventing future Dangers By Commission 31 H. 8. gave power of Oyer and Terminer De quibuscunque Congregationibus Transgressionibus Riotis Routis c. per quae Pax c. in Com' Ebor ' Northumberland Westmorland Durham Com' Civitatis Ebor ' Kingston super Hull Newcastle super Tinam gravetur c. secundum Legem c. vel aliter secundum Sanas Discretiones vestras c. Necnon quascunque Actiones Reales seu de Libero Tenemento Personales c. audiend terminand ' But afterwards the said Commission being adjudg'd to be against Law First For that the Clause Secundum Sanas Discretiones vestras being Resolved by the Judges 6 Jacobi primi to be against Law and Secondly the latter Clause was then also so Resolved For that Actions Real and Personal were not to be heard and determined by Commission but Secundum Legem c. to the end their Authority should not be known they procured their Commission should not give them any Authority but wholly to refer to Private Instructions given them not to be Inrolled in any Court whereof King James being informed did give Order their Instruictions should be Inrolled for the Advantage of the Subjects This Commission hath had continuance therefore the Lord Coke thinks it worthy of some Establishment by Parliament Henry the Eighth likewise raised a President and Council for the Western parts but they of Devon and Cornwal opposed it Et sic Commissio illa cito evanuit Likewise no doubt is that there hath been a President and Councl of York De facto but what Jurisdiction they had is the Question But now the Courts are Dissolved the Jurisdiction being taken away by the Statute of 17 Car. 1. cap. 10. The Wardens Courts in the East West and Middle Marshes adjoyning to Scotland THey proceed according to Marsh Law or Borders Law but their Jurisdiction was increased by Statutes and confin'd to Northumberland Cumberland Westmorland and Newcastle upon Tine But since King James was Monarch of both Kingdoms the said Courts are vanished and Hostile Laws on both Sides by Authority of Parliament in either of the Kingdoms are Repealed The Court of Stannaries in the Counties of Devon and Cornwal Is so called à Stanno and the Style of this Court is Magna Curia Domini Regis Ducatus sui Cornubiae apud Crokerenton in Com' Devon ' coram A. B. Custode Stannariae
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
the Government of the Office as likewise all Patents and Grants and the Names of all Officers Clerks Artificers Attendants Gunners Labourers and others who enjoy the said Grants or any other Fees from the King for the same To draw all Estimates for Provisions and Supplies to be made and all Letters Instructions Commissions Deputations and Contracts for His Majesty's Service To make all Bills of Imprest and Debentures for the payment and satisfaction of the respective Artificers and Creditors of the Office for Work done or Provisions received and Quarter-Books for the Salaries Allowances and Wages of all Officers Clerks and other Ministers belonging to the said Office and also to keep Journals and Liegers of the Receipts and Returns of His Majesty's Stores that nothing be Bought Borrowed Given Received Lent or Employed without due Record thereof to serve as a Cheque between the Two Accomptants of the Office the one for Money the other for Stores The Storekeeper is to take into his Custody all His Majesty's Ordnance Munitions and Stores thereunto belonging and to Indent and put in Legal Security for the safe keeping thereof and to make Just and True Accompt from time to time to Receive no Provisions whatsoever that are manifestly inserviceable or before they have been Reviewed by the Surveyor nor to Issue any proportion of Ordnance c. but what is agreed upon and signed by the Officers according to the appointment of the Master of the Ordnance grounded upon the Order of the King or six of the Privy Council or the Lord Admiral for Matters concerning the Navy Nor to Receive back any Stores issued till they have been Reviewed by the Surveyor and Registred by the Clerk of the Ordnance in the Book of Remains To look that all His Majesties Store-Houses be well Repaired and well Accommodated and the Stores kept in such order and lustre as is fit for the Service and Honour of the King The Clerk of the Deliveries is to Draw all Proportions for Delivery of any Stores and Provisions and to be present at the Delivery and by Indenture to Charge the particular Receiver of the King's Munitions whether Captain Gunner or other and to Register as well the Copies of all Warrants for Deliveries as the Proportions delivered whereby to discharge the Store-keeper The Treasurer and Paymaster of the Office was formerly an Appendix to that of Lieutenant of the Ordnance But the late King Charles Erected it into a particular and distinct Office and granted the same as all the other before-mentioned are by Letters Patent And there are other Subordinate Officers which likewise hold by Patent as The Master Gunner of England who is to teach all such as desire to Learn the Art of Gunnery and to oblige every Scholar by Oath not to serve any Foreign Prince or State without leave nor to Teach any other the said Art but such as have taken the said Oath and to certifie the Master of the Ordnance the Sufficiency of any person Recommended to be one of the King's Gunners and his Ability to discharge the said Duty The Keeper of the Small Guns who hath the charge and custody of the King 's Small Guns as Musquets Harquebusses Carabines Pistols c. with their Furniture There are many other Inferiour Officers and Ministers Attendants and Artificers as Clerks Proof-Masters Messengers Master Smith Master Carpenter Master Wheelwright Master Gunnsmith Furbusher c. which for Brevity are here omitted as likewise the King 's principal Engineer The Master of the Ordnance hath a Superintendency and Jurisdiction over all the King's Engineers Employed in the several Fortifications of the Kingdom most of whom have their Salaries and Allowances payable in the said Office to which they are accountable and from whence they receiev their particular Orders and Instructions according to the Directions and Commands given by the King and signified by The Master of the Ordnance Nota The several sorts of Cannon seem to be denominated from the Rapacious kind of Creatures whose Names they bear as Faulcons Faulconets Sakers Culverins from the Latin Coluber Basilisks Griffons Dragons c. The Office of the Warden of the Mint WHere is minted all the Bullion that is Minted in England although the King may set up a Mint in any other Place of the Kingdom In this are divers Persons of Quality and Worth whereof the principal is The Warden of the Mint who is to Receive the Silver and Gold brought in by Merchants or Goldsmiths or others to pay them for it and to Oversee all the rest his Fee is 100 l. per Annum And next is The Master Worker who Receives the Bullion from the Warden causes it to be Melted delivers it to the Moneyers and receives it from them again when Minted and hath an Allowance by the Pound weight but no set Fee And next is The Comptroller who sees all the Money be made according to the Just Assize to oversee the Officers and Comptrol them if the Money be not as it ought to be his Fee is 100 Marks and these three last above hold by Patent of the King The next is The Assay-Master who weighs the Bullion and sees it be according to the Standard his Fee is 200 Marks The Auditor to take the Accounts and make them up The Surveyor of the Melting who is to see the Bullion cast out and not to be alter'd after it is delivered to the Melter which is after the Assay-Master hath made Tryal thereof There are moreover A Clerk of the Irons A Graver A Weigher A Teller Melters Blanchers Moneyers and other Officers belonging to the Mint The Office of Records in the Tower IS of Venerable Antiquity and the Keeper and Deputy dignified with Special Trust The Keeper hath a Salary of 500 l. per Annum and is properly in the Gift of the Master of the Rolls and afterwards His Majesty hath usually by Letters Patents Confirmed it As the Chappel of the Rolls and Petty-Bag Office fill the Records are sent hither by a Writ formed for that purpose and these Records amongst other things contain the Foundations of Abbeys and Religious Houses as The Chappel of the Rolls contain those of their Dissolution and the Donation of the Lands of which many Families are now possessed The Leagues and Treaties with Foreign Princes The Atchievements of this Nation in France and Foreign parts The Original of All Laws that have been Enacted or Recorded until Richard the Third The Homage and Dependency of Scotland upon England The Establishment of Ireland in Laws and Dominions The Dominion of the Brittish Seas totally excluding French and Dutch to Fish therein without License from England proved by Records before the Conquest The Interest of the Isles of Man and of Jersey Guernsey Sarke and Alderney the Four last being the Remaining part of the Norman Possessions The Title of our Kings to the Realm of France and how obtained And all that our Kings and Princes have till that time Done
or Confirmed at home or abroad Tenures of all the Lands in England Extents of Mannors and Lands Inquisitions Post mortem being of great Advantage upon Trials of Interest or Descent Liberties and Priviledges granted to Cities Towns Corporate or private Men as Court Leets Waifs Estrays Markets Fairs Free Warrens Felons Goods c. Or what else could come to the Crown or pass out of it Writs Pleadings and Proceedings as well in Chancery as at Common Law and in the Exchequer Inspeximus Inrolments c. Deeds and Contracts between party and party and The Just Establishment of all the Offices in the Nation The Metes and Bounds of all Forests with the Rights of the Inhabitants therein and many other And therefore in the Petitions of the Commons in Parliament 46 E. 3. said to be perpetual Evidence of every man's Right and the Records of the Nation These Records are reposited in the place called Wakefield Tower being many Cart Loads Thus distinguished Rotuli Patentium Chartarum Parliamentorum Clausarum Finium Scotiae Vasconiae Franciae Hiberniae Walliae Normanniae Almaniae Oblatae Liberatae Extractae Perambulationes Forestae Scut ' Rotul ' Marshal ' Romae de Treugis Chart ' Patent ' fact ' in Partibus Transmarinis Patent ' de Domibus Judaeorum Protection ' de Perdonation ' c. Stapulae cum multis aliis Depicted lately upon every Press belonging to each King's Reign and very easie to be brought forth for use This Office is to be open from 7 till 11 in the Morning and from 1 till 5 in the Afternoon on all Working-days only in December January and February they open an Hour later in the Morning and shut up an Hour earlier at Night All Records since Richard the Third are yet in the Chappel of the Rolls The Money allowed by the King for the Maintenance of all these Officers and keeping thls Vast Structure in Repair amounts to a vast Sum. Saint Katherines NEar the Tower is St. Katherines which hath a Royal Jurisdiction for the Ecclesiastical Causes and Probate of Wills and belongeth to the Queen from whom if any will Appeal it must be to the King in his Chancery who thereupon Issueth out a Commission under the Great Seal as in Appeals from the Arches or Prerogative The Bridge SUrpasseth all others in Europe It hath 19 Arches 20 Foot between each Arch is 800 Foot in Length 60 High and 30 Broad and hath a Draw-Bridge almost in the Middle Built 1209 in the Reign of King John The Charge of keeping it in Repair is so Great that our Auncestors thought fit to have a Large House a vast Revenue in Lands and Houses and divers Officers to be apart for the constant Care and Repair thereof The Principal whereof are the Two Bridgmasters chosen yearly out of the Body of the Liveries upon Midsummer-day after the Sheriffs and Chamberlain The Bridge over the River Lee at Stratford was built an Hundred years before and being the first Arched Stone-Bridge seen in England gave it the Name of Stratford-Bow Not far below this Famous Bridge is the place for Receipt and Management of all Impositions laid on Merchandizes Imported and Exported into and from this City which is called The Custom-House WHerein are Employed a great Number of Officers whereof the First and Chief are Six Commissioners who have Charge of all His Majesties Customs in all Ports of England Salary to each is 2000 l. a year And these have many Deputies Customers Collectors Comptrollers Surveyors Searchers Waiters c. in the Port of London and in all the Out-Ports Collector of Subsidies or Customs Outwards Fee Two hundred seventy six pounds Collector of Customs Inwards Fee Four hundred sixty six pounds Thirteen shillings Four pence Customer Inwards Fee Sixty two pounds Six shillings Eight pence Customers of Cloth and Petty Customs Fee Two hundred seventy seven pounds Customers of the Great Customs Two Fee Fifty pounds a piece Comptroller of Customs Inwards and Outwards Fee Two hundred fifty five pounds Comptroller of Cloth and Petty Customs Fee One hundred pounds Surveyors of Customs Inwards and Outwards Fee Three hundred pounds Surveyor General Fee Five hundred pounds Comptroller of the Great Custom Fee Thirty pounds Register of the Seizures Fee One hundred and six pounds Chief Searcher Fee One hundred Twenty pounds Five Under-Searchers Eighteen King's Waiters Fee to each Fifty two pounds Surveyor of the Out-Ports Fee Two hundred and Fifty pounds The Perquisites to each of these Officers are very considerable and to some more than their Salaries In all the Out-Ports the King hath the like Officers who all Receive Salaries likewise out of His Majesty's Revenue The General Post-Office THe King by Letters Patent doth Constitute his Post-Master General who keeps one General Office in the City of London from whence Letters and Packets are dispatched Monday to France Italy Spain Flanders Germany Sweden Denmark c. and to Kent Tuesday to the United Netherlands Germany c. and to all Parts of England Scotland and Ireland Wednesday to Kent only and the Downs Thursday to France Spain Italy and all Parts of England and Scotland Fryday to the Spanish and united Netherlands Germany Sweden Denmark and to Kent Saturday to all Parts of England Scotland and Ireland And the Answers of these Letters are Received in the said Office in due Course and dispersed from thence according to the Directions This Office is managed by a Deputy and other Officers to the number of Seventy seven Persons who give their actual Attendance Upon this Grand Office Depends 182 Deputy Post-Masters in England and Scotland Most of which keep Regular Offices in their Stages and Sub-Post-Masters ink their Branches And also in Ireland another General Post-office for that Kingdom which is kept in Dublin consisting of 18 like Officers and 45 Deputy Post-masters The Post-master General keeps for Transport of Letters to France Two Packet-boats to Flanders Two to Holland Two to Ireland Three at Deal Two for the Downs which he Maintains at his proper Charge And the Market Towns of England are so well Appropriated to the Respective Postages that they have an easy and certain conveyance of Letters in due Course of the Mails every Post The number of the Letters Missive in England tho' formerly inconsiderable yet are now so great that the Office hath been Farmed at 30000 l. a year The Charge of Letters here is Less and the Expedition Greater than in any Foreign Country A Letter of a Sheet of Paper costs 2 d. for 80 Miles Two Sheets 4 d. and an ounce 8 d. and in 24 Hours the Post goes 120 Mile and in Five days an Answer may be had from a place 300 Miles distant And for Riding Post you pay only 3 d. a Mile and 4 d. to the Post Boy at every Stage For Study of Law IN London are the Colledges or Houses of the Municipal or Common Law Professors and Students Which are Fourteen still called Inns the
To take care of the Church and Church Assemblies The Overseers of the Poor To take care of the Poor Sick Aged Orphans and other Objects of Charity And Lastly The Clerk to wait on him at Divine Service And for The Civil Government of Villages THe Lord of the Manor or Soil who from the Crown immediately holds or mediately holds Dominium Soli Is said to have in him The Royalty as if he were a little King and hath a kind of Jurisdiction and a Court Baron incident to the Manor and sometimes a Court Leet by Grant from the King to which the Inhabitants owe Suit and Service and where smaller Matters as Escheats upon Felonies or other Accidents common Nusances c. Admitting of Tenants passing of Estates Reliefs Herriots Hunting Hawking Fishing c. or other matters Of which you may see more at large in the Description of the Jurisdiction of these two several Courts may be heard and determined And under the Lord is The Constable or Headborough Chosen yearly by the Lord or Steward in the Leet to keep the Peace in case of Quarrels to search any House for Robbers Murderers and others who have broken the Peace to raise Hue and Cry after Robbers to seize Offenders and keep them in the Stocks or other Prison till they can bring them before some Justice of Peace to whom the Constables are subservient upon all occasions either to bring Criminals before them or to carry them by their Command to the Common Prison Thus having in a Brief and Methodical manner described the Constitution of the English Government For the Excellency thereof we may welâ— conclude with the Poet O Fortunatos nimium bona si sua Norint Angligenas THE ISLANDS Adjacent to ENGLAND CAlled by Heylin The Sporades not as he saith that they are so named in any Author but being many he thought fit to include them under that general Name The Chief of which are The Isle of Man INsula Euboniae modo Manniae hath been an ancient Kingdom as appears by Walsingham pag. 287. and Coke's Reports Lib. 7. fol. 21. Calvin's Case And yet we find it not Granted or Conveyed by the Name of a Kingdom Sed per Nomen Insulae c. cum Patronatu Episcopatus The Patronage of the Bishoprick of Sodor being a Visible Mark of a Kingdom Est nempe Jus ipsius Insulae ut quisquis illius sit Dominus Rex vocetur cui etiam fas est Corona Aurca Coronari Walsingh 17 R. 2. This Island was taken from the Britains by the Scots and from them regained by Edwin King of Northumberland Afterwards the Norwegians seised it from whom Alexander the Third wrested it and about the Year 1340. William Montacute Earl of Salisbury descended from the Norwegian Kings of Man won it from the Scots and afterwards sold it to W. Lord Scroope who forfeiting the same for Treason to King H. 4 he granted it to H. Percy Earl of Northumberland who being 5 H. 4. Attainted of Treason In 7 H. 4. it was by Parliament Enacted the King should have the Forfeiture of all his Lands and Tenements And afterwards 7 H. 4. the King granted the Isle cum Patronatu Episcopatus unto Sir John Stanley first for Life and afterwards to him and his Heirs Sir John had Issue Sir John Stanley Knight who had Issue Sir Henry Stanly Lord Chamberlain to King Henry the Sixth who Created him Lord Stanley He had Issue Thomas whom King Henry the Seventh Created Earl of Derby to him and the Heirs Male of his Body c. Vide Co. 4 Inst cap. 69. The Laws and Jurisdiction of this Isle differs from other places For they call their Judges Deemsters which they chuse out of themselves And they determine all Controversies without Process Pleading Writing or any Expence at all If any Cases be ambiguous or of greater weight it is referred to Twelve which they call Claves Insulae They have Coroners quos Annuos vocant who supply the Office of Sheriff But altho' the King's Writ runneth not into this Island yet his Commission extendeth thither for Redress of Injustice and Wrong The Bishop was Instituted by Pope Gregory the Fourth is under the Archbishop of York being annexed to that Archbishoprick by King Henry the Eighth but hath neither Place nor Voice in the Parliament of England In hac Insula Judex Ecclesiasticus citat definit infra Octo dies parent aut carcere intruduntur The People are a Religious Industrious and True People They have peculiar Laws or Customs For if a Man steal a Horse or an Ox it is no Felony because he cannot hide them but if he steal a Capon or Pigg he shall be hanged c. In this little Kingdom are Two Castles Seventeen Farishes Four Market Towns and many Villages It is scituate against the South part of Cumberland from which it is distant 21 Miles Is in Length 30 Miles in Breadth 15 but in some part only 8 Miles The Soil is abundant in Flax Hemp Oats Barley Wheat and Bishop Merrick writing to Cambden when he was composing his Britannia saith Our Island for Cattle Fish and Corn hath not only sufficient for it self but sendeth store into other Countries The chief Towns are Balacurri and Russin or Castle-Town the Seat of the Bishop On the Hill Sceaful may be seen England Scotland and Ireland Here are also bred the Soland Geese The People speak a Mixture of the Norwegian and Irish Tongues Anglesey IS accounted a Shire of Wales bordereth on Carnarvanshire is in Length 20 in Breadth 17 Miles containing in former times 360 Towns and Villages the chief whereof are 1. Beaumaris towards Wales 2. Newburg 3. Aberfraw on the South-side This Island for its abundant Fertility is called Mam Cymri i. e. Mother of Wales It was once the Seat of the Druids first Conquered by Suet onius Paulinus and united to the English Crown by the Valour of Edward the First Jersey olim Caesarea IS in Compass 20 Miles and sufficiently strong by reason of the dangerous Seas It containeth 12 Towns or Villages the Chief being St. Hillary and St. Malo and four Castles The Ground is plentiful in Grain and Sheep most of them having four Horns of whose Wool our Jersey Stockings are made Gernsey olim Servia IS distant 20 Miles from Jersey to whom it is much Inferiour in respect of Fertility and Largness but more commodious by reason of the safe Harbours It containeth 10 Parishes the Chief being St. Peters the Port or Haven and Market Town These Islands of Jersey and Gernsey lye both nigh unto Normandy and Bretaign and did in ancient time belong to the Dutchy of Normandy But Henry the First Overthrowing his Elder Brother Robert united the Dutchy of Normandy with these Isles to the Kingdom of England And altho' King John lost Normandy and Henry the Third took Money for it yet these Isles continued Faithful to England the possession thereof being a good Seisin of the whole