the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aroâ—e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adultâ—mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idonâ—os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Peâ—y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chanceâ—y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents
and cleanse the said noble River Westward of seventy nine stops or hatches consisting of sundry great stakes and piles purposely erected by Fishermen for their private lucre and standing illfavouredly for passengers near unto the Fair deep but none of them remain now but such as stand out of the passable high stream and can be no prejudice to passers by yet some are permitted to be planted at the waters bottome and so they serve as a great succour to the young brood of fish being placed so remote on the River Nor is this provident care for security of passengers and conservation of the young fry or fish a new thing for it appears that the like course was kept in the Reign of Henry the fourth and after in Henry the eighth as Records and Chronicles do shew Moreover there is a watchful eye that no carren or dead carkasses be thrown into the River to pollute or infect the stream To all these intents and purposes the Lord Mayor and the Aldermen his Brethren with the under Officers do use to meet eight times yearly in the four Counties of Middlesex Surrey Kent and Essex and have a judicial sitting for maintenance of the Rivers Rights and Priviledges where they have power to empanel Juries to make Inquisition after all offences committed upon the River within their extent And as the Verdict given up by the Jury make it appear so they proceed to the punishment of the transgressors according to the quality of the offence and it is worthy the observation to know the manner of their so solemn proceedings whereof this instance shall be produced extracted out of authentick Records Sir Iohn Iolles Knight and Lord Mayor of the City of London and Conservator of the River of Thames and waters of Medway assisted and accompanyed by the Aldermen and two Sheriffs then contemporary and attended by the Recorder and the Sub-conservator or Water-bayly with fifty Officers and servants took their Barges at Belmsgate the third of Iuly 1616 and within few hours arriv'd at Gravesend in Kent where a Session for the conservancy of the said River was kept before the said Lord Mayor and his forenamed Assistants At which time and place a Jury of the Freeholders of the said County being sworn to enquire of all offences committed in any part of the River whatsoever within the said County the Common Sergeant of the City the Recorder being then absent upon extraordinary occasions deliver'd them a charge to this effect That forasmuch as there had not been any Session of Conservancy in many years passed kept by any Lord Mayor of London in that place it was probable and evident they could not be well informed neither of the Lord Mayors jurisdiction and power to reform annoyances and offences there and to inflict due punishments upon the Offendors nor of the nature of the service to be by them performed in the course of their enquiry therefore he thought it convenient to make it known unto them both the one and the other Hereupon he shew'd them The Jurisdiction of the Court of London in the River of Thames from Stanes-bridge Westward unto the points of the River next the Sea Eastward appear'd to belong to the City in manner and form following First In point of right by Praescription as it appeareth by an ancient Book call'd Dunthorne that Civitatis fundationis aedificationis constructionis causa erat Thamesis Fluvius quorum vero Civitatis Fluminis gubernationem tam Duces Majores Custodes Vicecomites Aldr. magnates Civitatis memoratae hucusque obtinuerunt habuerunt Whence he inferr'd that the government of the River hath belong'd to the City time out of mind In 21. Hen. 3. Iorden Coventry one of the Sheriffs of the City was sent by the Mayor and Aldermen to remove certain Kiddles that annoy'd the Rivers of Thames and Medway who ultra Yenland versus Mare did take divers persons that were Offendors and imprison'd them Whereupon complaint being made to the King he took the matter ill at the first and sent for the Lord Mayor and Citizens to Kennington where upon hearing of the matter before the said King the Cityes Jurisdiction over the said River was set forth and allow'd and the Complainants convinc'd and every one of them amerc'd at 10 l. and the amercements adjudged to the City And afterward their Nets were burnt by judgement given by the Lord Mayor and Aldermen in the Hustings Moreover 1. Richardi secundi Writs were directed to the Sheriffs of Essex and Kent reciting the Cities Title with command not to suffer the Citizens of London to be molested contrary to the Liberties formerly granted and allowed unto them Secondly in point of right by allowance in Eire the conservation of the Thames belongs to the City for it was produc'd that 1. Rich. ◠before Hugh Bigot being Justice Itinerant the Sheriffs and Citizens of London were call'd in question for their Jurisdiction exercised on the Thames before whom it was found by a Jury in Southwark Quod nullus habeat aliquid juris in Thamisia usque ad novum gurgitem nisi Cives Londonens In the 14. of Ed. 2. the Constable of the Tower was indited by divers Wards of London before the Justices in Eire at the Tower De muneris et recep cove pro kidellis in Thamisiis et Constabularius ad Kidellas respondet quód Iustic non habent jurisdictionem extra London plitum inde cognoscere cum predict kidelli sunt in aliis comitatibus et Justic. dixerunt Aqua Thamisiae pertinet ad Civitatem London usque mart si velit respondeat who then pleaded Not guilty 3. He went further that this Jurisdiction belonged to the City by ancient Charters 8. R. 1. Dominus Ricardus Rex filius Regis Henrici secundi concessit firmiter praecepit ut omnes Kidelli qui sunt in Thamisia amoveantur ubicunque fuerint in Thamisia 1. Ioh. Rex concessit firmiter praecepit ut omnes kidelli qui sunt in Thamisia vel in Medway amoveantur ne caeteri kidelli alicubi ponantur in Thamisia vel in Medway super sort X. li. sterlingorum Then he urg'd the famous Charter of King Henry the third which ran thus Henry by the Grace of God King of England Lord of Ireland Duke of Normandy and Aquitaine and Earl of Anjou unto all Archbishops Bishops Abbots Priors Earls Barons Justices Sheriffs Stewards Ministers and to all Bayliffs and to all his true Men Greeting Woreth well that We for the health of our soul and the health of the soul of King John our Fader and the souls of all our Ancestors and also for common profit of our City of London and of all our Realms have granted and steadfastly commanded That all the Weares that be in Thames or in Medway be done away And that from henceforth no Weares be set in Thames or Medway upon the forfeiture of 10. l. Also we claim quit to our Citizens of London
Mayor and the Aldermen descend again and confirm the Elections Then the Recorder making them a Speech of thanks the meeting ends Now touching the Hustings which we have mentioned so often it is the ancient'st and highest Court of the City of London Touching the Etymology of it it is a pure Saxon word and is derived of House and dhing or thing which among the Saxons signified a Cause or Plea in so much that Hustings is no other then the House of Causes or Pleading and Thingere was the ancient word for a Lawyer or Pleader This Court preserves the Laws Rights Franchises Customs and Dignities of the City There be handled also there the intricat'st accounts and Pleas of the Crowns and of the whole Kingdom which Court hath for many Ages conserv'd inviolably its own Prerogatives and Customs This Court was anciently held every Munday but it was chang'd of late years into Tuesday because of the Sheriffs intending the Market which being kept upon Munday would hinder their sitting in the Hustings Edward the Confessors Lawes refer much to this Hustings Court Moreover the Cities oâ— York Winchester Lincoln the Isle of Shepey and other places have had their Hustings There is also another Court peculiar to London which discovers as much of Charity as of Policy It is call'd the Court of Requests or the Court of Conscience It was first erected by an act of Common-Councel Anno 9. Henry 8. viz. That the Lord Mayor and Aldermen for the time being should monthly assign two Aldermen and four discreet Commoners to sit twice a week to hear and determine all matters brought before them betwixt Free-men where the due debt or dammage did not exceed 40S Afterwards the said number of Commissioners was encreased to the number of twelve which continued till the end of Q. Elizabeths Reign But primo Iacobi it was confirm'd by Act of Parliament That the said Commissioners should have power to exhibit an Oath and to commit to prison such as did not obey their Summons or perform the Orders they made betwixt Plaintiff and Defendant Debitor or Creditor touching any debt not amounting to forty shillings but such hath been the unconscionablenesse and malice of some men of late times that they have endeavour'd to overthrow the the said Court by cavilling at some doubtful words therein wresting them to a perverâ—e sense the rich might have power thereby to oppresse the poorer sort by bringing them to Westminster Hall to a further expence of time and trouble There is then the Court of the Lord Mayor and the Aldermen which is a Court of Record the Recorder and the two Sheriffs being Aldermen not else are members of this Court whose office it is to redresse and correct the errors defaults and misprisions which happen in the Government of the City This Court is kept Tuesdays and Thursdays throughout the year Then are the two Courts of the Sheriffs one for every Counter whereof there are two Lawyers as Judges well read in the Customs of the City as well as the common Laws but if an erroneous judgment be given before the Sheriffs the party griev'd may sue a Writ of error and remove it to the Hustings Then is the Court of Orphans For the Mayor and Aldermen by Custome have the custody of the Orphans within the City and if they commit the Custody of the Orphans to another man he shall have a ravishment of ward if the Orphan be taken away it being enacted that the Mayor and Chamberlain of London for the time being shall have the keeping of all the Lands and Goods of such Orphans as happen within the City saving to the King and other Lords their Rights of such as hold of them out of the same Liberty Now the Chamberlain is a sole Corporation to himself and his Successors for Orphans and a Recognizance made to him and his Successors touching Orphans shall by custome go to his Successor Moreover the Government of Orphans is so invested in the Mayor that it any Orphans sue in the Ecclesiastical Court or else-where for a Legacy or duty due to them by the Custome a Prohibition doth lye Then is there the Court of Common Councel which hath some resemblance of the high Court of Parliament for it consists of two Houses viz. the one of the Mayor and Aldermen and the other of the Commoners of the City Here they make Constitutions and Laws for advancement of Trade and regulation of other things which bind the whole City There is then the Court of the Chamberlain for Apprentices Now one may be free of London three manner of wayes first by Service secondly by Birth-right being sonne of a Freeman And thirdly by Redemption by Order of the Court of Aldermen The Chamberlain of London is an Officer very considerable in point of power for without him no man can set up shop or occupy his Trade without being sworn before him No man can set-over an Apprentice to another but by his Licence He may imprison any that disobeys his Summons or any Apprenrice that mildemeans himself or punish him otherwise There are the Courts of the Coroner and the Escheator which both belong to the Lord Mayor he being Coroner and Escheator by vertue of his authority and Office Then is there a Court for the conservation of the water River of Thames which belongs to the Lord Mayor from Stanes-bridge unto the water of Yendal and Medway as is amply spoken of before Then is there the Court of the Tower of London and this Court is held within the Verge of the City before the Steward by prescription of debt trespasse and other actions now part of the Tower is within the City and part in Middlesex viz. the East part but the West in London whereof there was a notable example in the person of Sir Thomas Overbury who being poyson'd in a Chamber on the West part the principal murtherers were tryed before Commissioners of Oyer and Terminâ—r in London and so was Sir Gervase Elwayes the Liveâ—enant of the Tower at that time There is also a peculiar Court call'd the Court of Policies and of Assurances in London to Marchants that venture and traffique on the Seas where ships and goods are insur'd at so much in the hundred where there is an Officer of good quality who Registers these Assurances Then is the Court of Halmote or Hall Court for every Company of London having a particular Hall They use to meet there to deliberate of matters belonging to the Company Then is the Court of the Wardmote or of the Wardmote Inquest For the whole City being divided to 26 Wards every Ward hath such an Inquest consisting of twelve or more who inquire after abuses and disorders and present them to be redressed There is also a kind of Court call'd the Colledge of the President Censors and Commonalty or Physicians who have peculiar Lawes of their own and among other one is remarkable that if one who is not
by force of the Kings Writ Ex debito justitiae and none of them ought to be omitted and these represent all the Commons of the whole Realm and trusted for them and were used to be in number near upon 500. Now the King and these three Estates were the great Corporation or Body politick of the Kingdom but they were to sit in two Houses viz. the King and Lords in one House called the Lords House and the Knights Citizens and Burgesses in another House called the House of Commons The Commons are in Legal understanding taken for the Franck Tenants or Freeholders of the Counties And whosoever is not a Lord of Parliament and of the Lords House is of the House of the Commons either in person or by representation partly coaugmentative and partly representative Of this Court of Parliament the Soveraign Prince by the Law is Caput principium finis the head beginning and ending And as in the natural body when all the sinews being joyned in the head do unite their forces together for the strengthening of the body there is ultimum potentiae so in the poliâ—ique Body when the King and the Lords spiritual and temporal Knights Citizens and Burgesses are all by the Kings Command assembled and joyned together under the Head in consultation for the common good of the whole Realm there is ultimum sapientiae The third year of Henry the sixth it appears in a Parliament Roll that the Parliament being called as hath bin said Commune Consilium every member of the House being a Counsellor should have the three properties of the Elephant which are First That he hath no Gall. Secondly That he be inflexible and cannot bow Thirdly That he is of a most ripe and perfect memory which properties as there it is said ought to be in every Member of the great Councel of Parliament First to be without Gall that is without malice rancor heat and envie In the Elephant Melancholia transit in nutrimentum corporis every gallish inclination if any were should tend to the good of the whole body the Common-wealth Secondly That he be constant inflexible and not to be bowed or turned from the right either for fear reward or favour nor in judgement reâ—pect any person Thirdly of a ripe memory that they remembring perils past might prevent dangers to come as in that Roll of Parliament it appeareth The Prince de advisamento consilii for so be the words of the Writ of Parliament resolving to have a Parliament doth out of the Court of Chancery send out Writs of Summons at the least forty dayes before the Parliament begins every Lord of Parliament either spiritual as Arch bishops and Bishops or temporal as Dukes Marquisses Earls Viscounts and Barons Peers of the Realm and Lords of Parliament were used to have several Writs of Summons And all the Judges of the the Realm Barons of the Exchequer of the Coif the Kings learned Cousnel and the Civilians Masters of the Chancery are called to give their assistance and attendance in the upper House of Parliament but they have no Voices in Parliament being only ministerial and their Writs differ from the Writs to the Judges for their Writs be Quòd intersitis Nobiscum cum caeteris de Concilio Nostro sometimes Nobiscum only super praemissis tractaturi vestrumque consilium impensuri But the Writ to the Barons is Quòd intersitis cum praelatis Magnatibus proceribus super dictis negotiis tractaturi vestrumque Consilium impensuri Moreover in every Writ to Summons to the Bishops there is a clause requiring them to summon these persons to appear personally at the Parliament which is in these words premonientes Decanum Capitulum Ecclesiae Vestrae Norwicensis ac Archidiâ—conos totumque clerum vestrae Dioces quod iidem Decani Archi diaconi in proprâ—is persmiss suis ac dictum capitulum per unum idemque clerus per duos proeuratores idoneos plenam sufficientem potestatem ab ipsis capitulo clero divisim habentes predict ' die loco personaliter intersint ad consentiâ—ndum hiis quae tunc ibidem de Communi concilio dicti regni Nostri divina favente clementia contigerit ordinari and the Bishop under his Seal makes Certificate accordingly And these are called Procuratores cleri and many times have appeared in Parliament as spiritual Assistants to consider consult and consent ut supra but had never voyces there because they were no Lords of Parliament And this Assembly was called the Convocation-House which the last King continuing after the dissolution of the Parliament and the Bishops comming amongst them to consult and make Canons the next Parliament protested against their proceedings as irregular and prejudicial to the priviledges of Parliament Observable it is what difference there was in the Writ whereby the spiritual Lords were summoned and that whereby the temporal Lords were called The Ecclesiastical Barons were required by the Kings Writ to be present In fide dilectione quibus nobis tenemini In the faith and Love you are bound to us But the secular Lords were summoned to appear In fide homagio quibus nobis tenemini In the faith and homage you are bound unto us Now touching the Commons their Writ or Summons to the Sheriff runs thus The King to the Vicount or Sheriff Greeting WHereas by the advice and assent of our Councel for certain Arduous and urgent Affaires concerning Us the State and defence of our Kingdom of England and the Anglican Church we have ordained a certain Parliament of ours to be held at our City of the day of next ensuing and there to have Conference and to treat with the Prelates Great men and Peers of our said Kingdom We command and strictly enjoyn you that making Proclamation at our next County Court after the receipt of this our Writ to be holden the day and place aforesaid you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Borough two Burgesses of the discreetest and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the tenure of the Statutes in that case made and provided And the names of the said Knights Citizens and Burgesses so chosen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the parties so elected be present or absent and shall make them to come at the said day and place so that the said Knights for themselves and the County aforesaid and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Beroughs may have severally from them full and sufficient power to do and to consent to those things which then by the favour of God shall happen to be ordained by the Common Councel of our said Kingdom concerning the